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WELFARE & BENEFIT REFORMS PJ shares a stressful experience A tentative government report and consultation document (Green paper) of a policy proposing radical reform to the welfare and benefit system was first published in January 2006. It was followed by a more detailed proposal (White paper) and finalised as a bill in January 2008, having been previously announced in the Queen’s speech. Prime Minister, David Cameron, and Secretary of State for Work & Pensions, Ian Duncan Smith, the architect of the latest reforms, introduced a package in February 2011 stating it to be the most ambitious, fundamental and radical set of changes to the Welfare System since its creation. This publication became The Welfare Reform Act 2012. Its statements simplified are: • Introduce a Universal Credit to provide a single payment that will improve incentives to work. • A stronger approach to reducing benefit fraud. • A new claimant commitment showing what is expected of the claimant whilst protecting those with the greatest need. • Reform to Disability Living Allowance through the introduction of a Personal Independence Payment to meet the needs of disabled people. • Create a fairer approach to Housing Benefit to bring stability to the market and improve incentives to work. • Prevent abuse of the Social Fund by giving Local Authorities greater power. • Reform Employment & Support Allowance by phasing out Incapacity Benefit to make a fairer simpler system that will ensure help goes to those with the greatest need. • Changes to Child Support system putting the child’s needs first. The Prime Minister described the reforms as a vision for a stronger society, one where work and being in employment pays, adding that the government would always support the vulnerable and those in need. The reforms were, in his words, tough, radical, yet fair. Yet many people’s experience shows the process to be flawed, far from simple and unfair. Having recently gone through the very stressful process myself, I’d like to share my experience. Under the new rules for Employment & Support Allowance (ESA) any sick or disabled person claiming or wishing to claim ESA will be assessed using a Work Capability Assessment (WCA). This part of the process begins with form ESA50, a questionnaire and a request for supportive medical evidence. The next stage is a medical assessment carried out by a ‘healthcare professional’ working for Atos Healthcare, the Department for Work & Pensions' much-debated contractor. There are exemptions made for anyone expected to die within six months or on chemotherapy, a full
The 26 weeks waiting for my appeal to be heard at tribunal were extremely difficult as I struggled to manage the collation of further supportive medical evidence, attend meetings, get legal representation, manage my illness, list of these exemptions can be downloaded at finances and see my GP monthly for repeat statements and appointments as my physical www.brighton-hove.gov.uk/welfarerights and mental health crumbled due to stress and The medical assessment consists of a few quick anxiety. I became more unwell than I was prior mobility and manual dexterity tests that took to the medical assessment. I also lost legal seconds to complete, taking no consideration representation due to welfare benefits advice for the sustainability of those tasks over time. funding being cut, meaning despite being quite The assessment continues with a battery of unwell, I had to represent myself, which was questions contained within the Logic extremely difficult. I felt compelled, however, Integrated Medical Assessment (LIMA) to fight what I believed to be a corrupt system computer programme, which has been highly with honesty and integrity. discredited. The BBC’s Panorama highlighted At the tribunal an independent judge and its inadequacies during an under-cover report of an assessment, and now the British Medical doctor take a fresh look at the evidence and make a decision of entitlement. Even if you Association have condemned the process as still can’t score 15 points (as in my case) you not fit for purpose. can still be treated as having passed the test under exceptional circumstances. I passed the “The sick, the mentally ill assessment under Regulation 29 Schedule 2, and the disabled endure which is relevant if you suffer from a specific disease/disability or condition, which means a the stigma discrimination substantial risk to the mental and physical and humiliation of being health of anyone (including yourself).
labelled benefit scroungers by those who don’t understand. Even Atos and DWP employees call us ‘LTBs’ (lying thieving b@st@rds)”
There have been numerous accounts and many reports across the media of cases where people that have been deemed fit to work then died or committed suicide because of the stress of being deemed capable of work when they were clearly not. The reforms have certainly created much debate and have bred harsh judgement within our communities with those that are well and in employment divided in their opinions. The sick, the mentally ill and the disabled have to endure the stigma, discrimination and humiliation of being labelled benefit scroungers by those who don’t understand. Even Atos and DWP employees calling us LTBs (lying thieving b@st@rds). The assessment is a point-scoring system using ‘relevant descriptors’ or a framework of requirements that are too structured. To qualify for ESA you need to score 15 points or more. The healthcare professional then sends a report to the DWP who make the final decision of entitlement. The process comprehensively failed to adequately assess my limited capacity to work and I scored just six points. A letter informed me one month after the medical that I was no longer in receipt of benefit but if I contacted my local Jobcentre I may be entitled to Jobseekers Allowance. Housing benefit and council tax benefit had also been suspended. I appealed against the decision, which placed me on the basic rate of ESA with a disability premium (providing I produced four weekly doctors statements). Housing and council tax benefit resumed.
The tribunal also decide which group to place you in, either the 'work related activity group', (which means you must attend work-focused interviews and draw up an action plan at the Jobcentre and be more active in getting back to health and therefore employment), or the 'support group', (in order to be placed in this group you need to be able to answer 'yes' to any one of a list of descriptors and you should be awarded limited capacity to work related activity.) I’ve been placed in the 'work related activity group' which means I have up to 12 months before I’m called back for a medical and the whole process could be repeated. I hope to be back in employment as that experience isn’t one I’d wish on anyone or wish to go through again. I want to be in employment, I just need the support that I will now hopefully get, though I’ve heard this part of the process is as corrupt and judgemental as the last.
A FEW TIPS: • Get help to fill out form ESA50 from a welfare benefits advisor, (the fact that you filled it in yourself can go against you). • Take someone with you to the medical, you’re less likely to be intimidated by the very judgemental Atos healthcare professional, (the fact you’re unaccompanied also goes against you). • Prepare for the medical with good supportive evidence and have a clear idea of what you want to say. • Present all the facts of how your illness or disability affects your ability to meet your basic activities of living. Above all be truthful to yourself. If you can’t manage to prepare for the tribunal, help is out there.