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-   -   The state benefits system mega-thread. (https://www.cableforum.uk/board/showthread.php?t=33692770)

ianch99 15-10-2019 13:53

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Chris (Post 36013575)
Hmm.

It would be great to see a full and impartial presentation of the facts of both those cases, without the accompanying value judgments (the DWP and its agents might be harsh and bureaucratic but are they really trying to speed people to their graves? Really?).

I don’t think a balanced treatment of anything is likely to arise from that website.

Yes, you are probably right ... in a very similar way to your (many) posts from the order-order.com website.

RichardCoulter 21-10-2019 16:15

Re: The state benefits system mega-thread.
 
This site:

https://www.disabilitynewsservice.com/

Has a feature about an interesting book about what has been done to disabled people since 2010:

https://www.disabilitynewsservice.co...rnments-shame/

nomadking 21-10-2019 16:24

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36014616)
This site:

https://www.disabilitynewsservice.com/

Has a feature about an interesting book about what has been done to disabled people since 2010:

https://www.disabilitynewsservice.co...rnments-shame/

Completely devoid of facts. Just as the same as the 100,000+ deaths claim.

RichardCoulter 23-10-2019 15:33

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36014618)
Completely devoid of facts. Just as the same as the 100,000+ deaths claim.

Do you believe that Stephen and the awful situation he finds himself in through no fault of his own is due to his "choice" or any failure to comply?

One woman is to take on the DWP over her daughters death:

https://www.huffingtonpost.co.uk/ent...L&guccounter=2

nomadking 23-10-2019 16:15

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36014839)
Do you believe that Stephen and the awful situation he finds himself in through no fault of his own is due to his "choice" or any failure to comply?

One woman is to take on the DWP over her daughters death:

https://www.huffingtonpost.co.uk/ent...L&guccounter=2

She was asked to provide proof of her hospital stay, she didn't. At the very least that would have been the hospital discharge form. She had received notification, she just hadn't opened the letters. Only some benefits were stopped, not all of them. She didn't wait for the result of the Mandatory Reconsideration, although that decision was still a no. She still hadn't exhausted all appeal options, which would have kept the money coming in, and allowed time to get any evidence together.Any time during the final appeal phase the DWP can change their mind, if you happen to supply the evidence. She had sought advice from CAB, so they would have been able to give the options. Failing all that, she could have signed on for JSA, and immediately started an Extended Period of Sickness(EPS), which can last up to 3 months. That would have given her more time to sort things out. Where was her mother in all this?



The facts are all out there.

RichardCoulter 28-10-2019 18:42

Re: The state benefits system mega-thread.
 
European court ruling says that the UK Government must pay compensation to a victim of domestic abuse who suffered discrimination regarding the Bedroom Tax:

https://www.mirror.co.uk/news/politi...dealt-20714008

nomadking 28-10-2019 19:05

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36015226)
European court ruling says that the UK Government must pay compensation to a victim of domestic abuse who suffered discrimination regarding the Bedroom Tax:

https://www.mirror.co.uk/news/politi...dealt-20714008

So yet again:rolleyes:, what similar measures were in place for the private rented sector under Labour? If they had been any, they would have automatically been included. Why is it after decades of something not being the case, that under the Conservatives is magically different?:confused:
In that sort of situation, you do what everybody else on the planet has always had to do, and move elsewhere. If you're in that much known danger, a panic room isn't going to make much difference. They will wait until you go outside and/or surprise you.


Doesn't sound like she's even been attempted to be attacked in all that time(6 years).

jfman 28-10-2019 21:26

Re: The state benefits system mega-thread.
 
Our resident DWP member of staff leaps to their defence once again.

The reality is they’ve introduced a bad policy not properly impact assessed against a wide range of protected characteristics and human rights. They deserve to lose every time in court.

nomadking 28-10-2019 21:50

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36015245)
Our resident DWP member of staff leaps to their defence once again.

The reality is they’ve introduced a bad policy not properly impact assessed against a wide range of protected characteristics and human rights. They deserve to lose every time in court.

Nothing whatsoever to do with the "bedroom tax". As I pointed out, any similar rule has NEVER been in place for the private rented sector. So why was something that is now supposedly deemed illegal, not deemed illegal before 2013 or even before 2010?
UK Supreme Court ruling on the matter.
Quote:

In A’s case, the judges found by a majority of 5-2 in favour of the government. They ruled while A must continue to receive the protection of the sanctuary scheme, that did not automatically require her to have an extra bedroom, therefore the bedroom tax did not discriminate against women.
No mention of any subsequent attacks, attempted or otherwise, so the whole thing was unsurprisingly unnecessary in the first place.


If it is supposedly a matter of the evil Tories and the evil "bedroom tax", then the same goes for Labour and Housing Benefit.

jfman 28-10-2019 21:54

Re: The state benefits system mega-thread.
 
I'll stick to the European Court of Human Rights interpretation, thank you very much as it's a higher court. Which I'm sure the DWP will have trained you on the hierarchy. What has or hasn't happened previously is an irrelevance. The DWP introduced a bad policy, and deserved to lose the case.

nomadking 28-10-2019 22:17

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36015252)
I'll stick to the European Court of Human Rights interpretation, thank you very much as it's a higher court. Which I'm sure the DWP will have trained you on the hierarchy. What has or hasn't happened previously is an irrelevance. The DWP introduced a bad policy, and deserved to lose the case.

The DWP haven't trained me in anything.

Nothing was introduced, at any time, by anybody, that is actually related to this case. If it's illegal now, then it was illegal in 2010, 2000, 1990, 1980, 1970, 1960, 1950 etc. But it wasn't illegal in those decades and nobody complained about it.

The UNUSED "panic room" IS a bedroom. It would've made more sense for her to sleep in there, if she was actually in danger.

The other part of their decision.
Quote:

Today's judgement did not find in favour of a second claimant who lives in a three-bed adapted home with her severely disabled daughter.
So that decision is ok?

jfman 28-10-2019 22:40

Re: The state benefits system mega-thread.
 
It’s incorrect to claim the circumstances are the same now as the 1960s. The whole case is premised upon changes to Housing Benefit.

I’m not familiar with the second case but if the European Court of Human Rights have made a ruling as a lay person I’m not inclined to disagree with them in the absence of any evidence or facts at my disposal.

nomadking 28-10-2019 22:54

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36015256)
It’s incorrect to claim the circumstances are the same now as the 1960s. The whole case is premised upon changes to Housing Benefit.

I’m not familiar with the second case but if the European Court of Human Rights have made a ruling as a lay person I’m not inclined to disagree with them in the absence of any evidence or facts at my disposal.

The 2nd case is also in the Mirror article.

The principle of excess bedrooms existed BEFORE 2013, and BEFORE 2010. If the house had been in the private rented sector, they still wouldn't have received the 3 bedroom rate, only the 2 bedroom. That would've have been the case in the 2000s, 1990s, 1980s, 1970s etc. It was NOT a case of something that was allowed in the private rented sector, was suddenly not allowed in the social sector. Prior to 2010, an extra bedroom wouldn't be allowed for a carer or medical equipment. Now it might be, depending on individual circumstances. That happened from 1st April 2011. Those evil Tories have actually relaxed the previous rules. If Labour had still been in power, the rules wouldn't have been relaxed. So which side is evil?:rolleyes:

jfman 28-10-2019 23:05

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36015258)
The 2nd case is also in the Mirror article.

The principle of excess bedrooms existed BEFORE 2013, and BEFORE 2010. If the house had been in the private rented sector, they still wouldn't have received the 3 bedroom rate, only the 2 bedroom. That would've have been the case in the 2000s, 1990s, 1980s, 1970s etc. It was NOT a case of something that was allowed in the private rented sector, was suddenly not allowed in the social sector. Prior to 2010, an extra bedroom wouldn't be allowed for a carer or medical equipment. Now it might be, depending on individual circumstances. Those evil Tories have actually relaxed the previous rules. If Labour had still been in power, the rules wouldn't have been relaxed. So which side is evil?:rolleyes:

The Tories are evil. That’s an easy one.

Pierre 28-10-2019 23:19

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36015261)
The Tories are evil. That’s an easy one.

The weak minded are easily brain washed.

jfman 29-10-2019 06:02

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Pierre (Post 36015263)
The weak minded are easily brain washed.

Indeed they are, as could be said for anyone who believes societies ills are because of public spending, benefit claimants or the number of immigrants in the UK, and not the industrial scale of tax evasion/avoidance.

The financial crisis wasn’t caused because I used to get by bin emptied once a week.

RichardCoulter 31-10-2019 20:33

Re: The state benefits system mega-thread.
 
Tory MP condemns decision to continue to deprive bereaved families of benefits, despite Supreme Court ruling:

https://welfareweekly.com/bereaved-f...-court-ruling/

jfman 31-10-2019 20:42

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36015672)
Tory MP condemns decision to continue to deprive bereaved families of benefits, despite Supreme Court ruling:

https://welfareweekly.com/bereaved-f...-court-ruling/

The article isn’t well written but Frank Field MP is Labour and appears to be the one condemning. The unnamed Tory minister appears to justify it.

Chris 31-10-2019 23:27

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36015675)
The article isn’t well written but Frank Field MP is Labour and appears to be the one condemning. The unnamed Tory minister appears to justify it.

Frank Field was Labour, but is now independent and AFAIK is standing as an independent in his Birkenhead constituency at this election.

RichardCoulter 02-11-2019 15:40

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36014618)
Completely devoid of facts. Just as the same as the 100,000+ deaths claim.

https://www.independent.co.uk/news/h...QLYKgs9qjet_DU

nomadking 02-11-2019 16:52

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36015900)

1) Nothing whatsoever connected to the links in the post I was replying to.
2) Nothing whatsoever to do with benefits.
3) Nothing whatsoever to do with nonsense claim of 100,000+ deaths of people who were merely receiving benefits.
4) Not much was changed prior to 2013, after which the main changes came in, and yet.
Quote:

Professor Martin Roland Emeritus Professor of Health Services Research, University of Cambridge said: “This study suggests that a change happened to cause deaths to stop declining around 2014."
So more cuts from 2013, led to fewer deaths.:confused:
5) 2010 should be discounted from any figures, because any budgets will have been set by Labour.
6) The figures are based upon per person. If you let over 1m people in, the per person figure will go down. As the incomers were supposedly younger and more healthy, a smaller proportion of them will have needed social care. That again distorts the true per person figures.

7) Cuts started BEFORE 2010.
Quote:

Local authority spending on adult social care in England fell 8% in real terms between 2009–10 and 2016–17, but was protected relative to spending on other local authority services.
Link

Quote:

Though funding for the Department of Health and Social Care continues to grow, the rate of growth slowed during the period of austerity that followed the 2008 economic crash. Budgets rose by 1.5 per cent each year on average in the 10 years between 2009/10 to 2018/19, compared to the 3.7 per cent average rises since the NHS was established.
As the 2009/10 figure was an 8% drop, it can be concluded that the 9 years of 2010/2011 to 2018/2019 had an average increase of 2.5%. Yet the annual average increase under Labour was 2.2%.
8) Aspects of Social Care have been devolved to councils. Makes coming up with the true budget figure more complicated.
Quote:

These new funds potentially give councils enough money to reverse by 2019–20 all the cuts that have been made to social care since 2009–10: spending in 2019–20 could be 3.2% higher than it was in 2009–10 (but still 4.8% lower per adult). This is conditional on local authorities choosing to raise the funds and using them for social care.

Hugh 02-11-2019 18:21

Re: The state benefits system mega-thread.
 
https://fullfact.org/health/adult-so...nurse-numbers/
Quote:

“Since 2010, social care has been slashed by £7.7 billion. Over 200,000 nurses have resigned.”

David Lammy MP, 27 October 2019
This week Labour MP David Lammy claimed that social care has been slashed by £7.7 billion and that 200,000 nurses have resigned since 2010.

The £7.7 billion figure needs more context. It’s the amount councils in England say they have had to save on adult social care spending since 2010. That’s money they had in previous budgets but had to make savings on, it’s not necessarily how much their budget has been reduced by. Overall spending on adult social care has fallen by £0.4 billion in real terms (taking into account inflation) since 2010.

The claim that 200,000 nurses have resigned is incorrect. It refers to all nurses who left the NHS in England between 2010 and 2018—including those who have retired, died in service, or left for an unknown reason.

RichardCoulter 04-11-2019 16:40

Re: The state benefits system mega-thread.
 
BBC reporting that between December 2011 and February 2014, 90 people a month died after being found totally fit to go out to work:

https://www.bbc.co.uk/news/uk-34074557

All party group of MP's calls for Camerons two child limit to be scrapped:

https://welfareweekly.com/no-governm...benefit-limit/

New fund to help vulnerable people claim Universal Credit excludes those too ill to work!

https://voxpoliticalonline.com/2019/...-need-it-most/

Hugh 04-11-2019 17:52

Re: The state benefits system mega-thread.
 
The BBC aren't "reporting"* it, they reported** it, over 4 years ago...

btw, the word "totally" isn't used in that article.

*present tense...

**past tense...

nomadking 04-11-2019 18:07

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36016090)
BBC reporting that between December 2011 and February 2014, 90 people a month died after being found totally fit to go out to work:

https://www.bbc.co.uk/news/uk-34074557

All party group of MP's calls for Camerons two child limit to be scrapped:

https://welfareweekly.com/no-governm...benefit-limit/

New fund to help vulnerable people claim Universal Credit excludes those too ill to work!

https://voxpoliticalonline.com/2019/...-need-it-most/

Quote:

The data does not contain a breakdown of how the people died.
Quote:

The figures said 2,017,070 people were given a decision following their WCA between May 2010 and February 2013, with 40,680 dying within a year of that decision.
For the umpteenth time, anything that happens close to the changeover has nothing to do with the government that takes over. No new rules were in place until 28th of March the following year. Any new rules wouldn't have applied to anyone applying before 28th March 2011. The new rules were mostly, if not all, suggested under Labour, eg use of of wheelchair only giving 9 points rather than 15.
7,540 people died in the assessment phase, compared to 2,380 who died after found "fit for work". Those in the "fit for work" group will still have had the reconsideration and appeals phases to go, and would've still been receiving ESA all that time. Even then they were ALL still receiving ESA or JSA, otherwise the DWP wouldn't know about them, and wouldn't be included in that figure. As the numbers of people that didn't die aren't included, it's impossible to assess the comparative mortality rates. Even more so when the pre-2010 figures are not there, and conveniently not asked for in the first place.

BUNCH OF MEANINGLESS FIGURES FROM 4 YEARS AGO.

Still nowhere near the claimed figures of 100,000+ deaths.

RichardCoulter 05-11-2019 18:36

Re: The state benefits system mega-thread.
 
Tories back candidate who thinks that benefit claimants should be "put down":

https://www.theguardian.com/politics...-remarks-gower

Since benefits were frozen and people were pushed below the poverty line at the same time as cuts were made to other benefits, the Trussell Trust has found that most food bank users are now living on an average of £50 a week after housing costs have been paid. They are expected to pay bills and buy food with this, so the Trusell Tr7st has called on the Government to increase benefits. Next years increase of about £1 a week is nowhere near enough and has probably only been done due to the forthcoming general election:

https://welfareweekly.com/food-bank-...earch-reveals/

Video about the real effects of Universal Credit on people:

https://m.youtube.com/watch?v=dtKI_B7RghI

jfman 06-11-2019 13:49

Re: The state benefits system mega-thread.
 
https://www.theguardian.com/commenti...P=share_btn_tw

More DWP lies with your hard earned taxes.

denphone 06-11-2019 13:59

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36016258)
https://www.theguardian.com/commenti...P=share_btn_tw

More DWP lies with your hard earned taxes.

What else can you expect from the Kafkaesque DWP.

RichardCoulter 07-11-2019 12:37

Re: The state benefits system mega-thread.
 
Independent report on Tory austerity deaths:

https://www.independent.co.uk/news/h...OkkVyODCREj_Vg

Carth 07-11-2019 12:47

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36016358)
Independent report on Tory austerity deaths:

https://www.independent.co.uk/news/h...OkkVyODCREj_Vg



ooooh 'Ad Blocker Detected' . . either log in or subscribe
err . . no thanks, I'll just click that red X at the top right thanks ;)

pip08456 07-11-2019 12:47

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36016358)
Independent report on Tory austerity deaths:

https://www.independent.co.uk/news/h...OkkVyODCREj_Vg

Quote:

the link to health and social care spending is speculative as observational studies of this type can never prove cause and effect."

nomadking 07-11-2019 12:51

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36016358)
Independent report on Tory austerity deaths:

https://www.independent.co.uk/news/h...OkkVyODCREj_Vg

Didn't you notice my reply (post #2437) to the first time around you posted a link to that article.


EG
Quote:

Professor Martin Roland Emeritus Professor of Health Services Research, University of Cambridge said: “This study suggests that a change happened to cause deaths to stop declining around 2014."
So more cuts from 2013, led to fewer deaths.:confused:


Quote:

Local authority spending on adult social care in England fell 8% in real terms between 2009–10 and 2016–17, but was protected relative to spending on other local authority services.

Taf 08-11-2019 13:46

Re: The state benefits system mega-thread.
 
Our daughter's DLA to PIP scenario just took a strange turn.

PIP refused at first assessment (December 2018)

PIP refused at Mandatory Reconsideration (May 2019)

Tribunal requested (21st May 2019)

Tribunal cancelled by the DWP (29th May 2019) Maximum points awarded by their Decision Maker, backdated to December 2018.

On reading the Award Letter, we saw that they had been overly generous with the points, giving her points for something that does not affect her often enough to warrant the award. So I sent them a letter highlighting this. It was signed-for on 6th June, but no response has been received.

Then today we have received a request from the Tribunal Service for a copy of her Mandatory Reconsideration in order for her Tribunal to go ahead. ? ? ? ?

Chris 08-11-2019 17:14

Re: The state benefits system mega-thread.
 
Sounds like the DWP told you about the cax. But forgot to tell the tribunal. Maybe send the tribunal a copy of the cax. and award letters and see what happens?

Taf 08-11-2019 19:29

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Chris (Post 36016514)
Sounds like the DWP told you about the cax. But forgot to tell the tribunal. Maybe send the tribunal a copy of the cax. and award letters and see what happens?

Cax?

The only way to contact the Tribunal is by phone. 0300 number, so I racked up a bill hanging on to their muzak this afternoon. No reply. :(

I'll just take the documentation to them next time I'm in town.

nomadking 08-11-2019 19:32

Re: The state benefits system mega-thread.
 
Does the DWP conceding, cancel the process? The appeal is brought by the claimant. Perhaps it's the claimant that then has to cancel it, pointing out the issues had been resolved.

---------- Post added at 18:32 ---------- Previous post was at 18:31 ----------

Quote:

Originally Posted by Taf (Post 36016539)
Cax?

The only way to contact the Tribunal is by phone. 0300 number, so I racked up a bill hanging on to their muzak this afternoon. No reply. :(

I'll just take the documentation to them next time I'm in town.

They have email. You can even send documentation that way.

Chris 08-11-2019 19:48

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Taf (Post 36016539)
Cax?

The only way to contact the Tribunal is by phone. 0300 number, so I racked up a bill hanging on to their muzak this afternoon. No reply. :(

I'll just take the documentation to them next time I'm in town.

Cancellation, when you’re typing in a hurry :D

pip08456 08-11-2019 19:49

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36016540)
Does the DWP conceding, cancel the process? The appeal is brought by the claimant. Perhaps it's the claimant that then has to cancel it, pointing out the issues had been resolved.

---------- Post added at 18:32 ---------- Previous post was at 18:31 ----------


They have email. You can even send documentation that way.

If the DWP has changed its mind and made the award there is nothing to appeal and the tribunal would be cancelled. Obviously an error has occured somewhere.

nomadking 08-11-2019 20:04

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by pip08456 (Post 36016545)
If the DWP has changed its mind and made the award there is nothing to appeal and the tribunal would be cancelled. Obviously an error has occured somewhere.

As I said, once it has reached the independent appeal stage, it is the claimant that has to initiate any appeal. In that sense the claimant is in control. If you think of the more general situation with appellant and respondent, the respondent shouldn't be able to cancel anything without the explicit agreement of the appellant.

I had a similar situation where I had to query what would happen if the DWP conceded, as a different Tribunal had made a favourable decision just a few months before. The first-tier tribunal office didn't know the answer. In the end, on the day of the hearing the DWP sent a representative to concede, and the Tribunal had separately also agreed in my favour before the hearing started. The Decision Notice was on the table when I entered the room.


At the very least send in a copy of the DWP decision as evidence, and change to the tribunal being based on the papers rather than having to attend any hearing.

Taf 09-11-2019 12:01

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36016540)
Does the DWP conceding, cancel the process? The appeal is brought by the claimant. Perhaps it's the claimant that then has to cancel it, pointing out the issues had been resolved..

I believed that the process would end with the DWP conceding and then the DWP informing the Tribunal.

Quote:

They have email. You can even send documentation that way
I haven't been able to find an email address online or in any of their correspondence. :confused:

---------- Post added at 11:01 ---------- Previous post was at 10:58 ----------

Quote:

Originally Posted by nomadking (Post 36016548)
At the very least send in a copy of the DWP decision as evidence, and change to the tribunal being based on the papers rather than having to attend any hearing.

I'll drop it off in person as they might also be able to help with the letter I sent to DWP about our concerns that the award was too generous.

nomadking 09-11-2019 12:21

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Taf (Post 36016581)
I believed that the process would end with the DWP conceding and then the DWP informing the Tribunal.

I haven't been able to find an email address online or in any of their correspondence. :confused:

---------- Post added at 11:01 ---------- Previous post was at 10:58 ----------
I'll drop it off in person as they might also be able to help with the letter I sent to DWP about our concerns that the award was too generous.

If it's the Cardiff office on Newport Rd, then the link below has all the contact details, including email and Fax.
Link

Link to find other Tribunal contact details

Taf 09-11-2019 14:58

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36016585)
If it's the Cardiff office on Newport Rd, then the link below has all the contact details, including email and Fax.
Link

Cheers! :)

Taf 12-11-2019 12:21

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Taf (Post 36016487)
Our daughter's DLA to PIP scenario just took a strange turn.

PIP refused at first assessment (December 2018)

PIP refused at Mandatory Reconsideration (May 2019)

Tribunal requested (21st May 2019)

Tribunal cancelled by the DWP (29th May 2019) Maximum points awarded by their Decision Maker, backdated to December 2018.

On reading the Award Letter, we saw that they had been overly generous with the points, giving her points for something that does not affect her often enough to warrant the award. So I sent them a letter highlighting this. It was signed-for on 6th June, but no response has been received.

Then today we have received a request from the Tribunal Service for a copy of her Mandatory Reconsideration in order for her Tribunal to go ahead. ? ? ? ?

I dropped in and gave them the docs to copy. The guy who dealt with it said the DWP have often failed to send a form to them when a case is resolved by both claimant and DWP. Their giving maximum points was a ploy to ensure the case could not be contested further.

But I showed him a copy of the letter we sent stating that they had been over-generous. He suggested I should keep proof of them receiving that letter (Post Office Signed-for) in case they ever decided to claim over-payment. The Tribunals deal with that scenario a lot.

When I got home, my daughter said that someone from that office had called asking for a "reference number". She did not understand what that meant, so I hope they'll call again. I suspect they want the P.O. receipt number, to put on her records in case the DWP decides to play silly buggers.

Chris 12-11-2019 13:09

Re: The state benefits system mega-thread.
 
What an absolute minefield. You must have to approach this like some military strategist to stay on top of it all.

denphone 12-11-2019 14:51

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Chris (Post 36016917)
What an absolute minefield. You must have to approach this like some military strategist to stay on top of it all.

That just about sums it up in a nutshell.

Taf 12-11-2019 17:45

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Chris (Post 36016917)
What an absolute minefield. You must have to approach this like some military strategist to stay on top of it all.

I am ex-military and ex-civil service, so I have got the habit of keeping perfect records, or as best as the situation allows.

Failure to do so can open you to comebacks, even years later. :(

The DWP has the habit of asking "On what date did you first become a Carer?" or something equally memory-blasting.

RichardCoulter 13-11-2019 15:16

Re: The state benefits system mega-thread.
 
From the benefits and work website:

TRIBUNALS SERVICE OVERWHELMED BY PIP APPEALS

A report by the Tribunals Service admits that they can’t keep pace with the number of PIP appeals.

The ‘Senior President of Tribunals’ Annual Report’ admits that “the rapid rise in appeal numbers has outstripped our ability to recruit and train sufficient numbers of panel members to keep pace”.

Appeal numbers plummeted in 2013, from a high of over half a million, after the DWP introduced its cynical mandatory reconsideration hurdle.

However, numbers are on the rise again, more than doubling from 112,000 in 2014 to 238,000 in 2018.

To try to cope, the Tribunals Service appointed 130 new judges, 225 medically qualified members and 125 disability qualified members last year.

They are also trying other methods to reduce the backlog, including cramming more PIP appeals into each session and trying to resolve more cases before they reach a hearing.

But the one thing that would really cut their workload - the DWP getting more decisions right - is unlikely to happen any time soon.

nomadking 13-11-2019 15:25

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36016997)
From the benefits and work website:

TRIBUNALS SERVICE OVERWHELMED BY PIP APPEALS

A report by the Tribunals Service admits that they can’t keep pace with the number of PIP appeals.

The ‘Senior President of Tribunals’ Annual Report’ admits that “the rapid rise in appeal numbers has outstripped our ability to recruit and train sufficient numbers of panel members to keep pace”.

Appeal numbers plummeted in 2013, from a high of over half a million, after the DWP introduced its cynical mandatory reconsideration hurdle.

However, numbers are on the rise again, more than doubling from 112,000 in 2014 to 238,000 in 2018.

To try to cope, the Tribunals Service appointed 130 new judges, 225 medically qualified members and 125 disability qualified members last year.

They are also trying other methods to reduce the backlog, including cramming more PIP appeals into each session and trying to resolve more cases before they reach a hearing.

But the one thing that would really cut their workload - the DWP getting more decisions right - is unlikely to happen any time soon.

More appeals doesn't necessarily mean more wrong decisions taking place.

denphone 13-11-2019 15:36

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36016999)
More appeals doesn't necessarily mean more wrong decisions taking place.

This would tell you otherwise...

https://www.disabilitynewsservice.co...-in-two-years/

https://www.bbc.co.uk/news/uk-42862904

https://www.benefitsandwork.co.uk/ne...-back-payments

nomadking 13-11-2019 15:46

Re: The state benefits system mega-thread.
 
That's all due to changes made to the rules and law. Not really "wrong" has such. Mainly down to interpretation of a few words/terms. Same sort of thing happens with other newly introduced benefits.



Still nothing to do with new demand for Tribunals.

Taf 13-11-2019 18:24

Re: The state benefits system mega-thread.
 
The DWP announced ages ago that it wanted to move all Tribunals online "to save money".

Stephen 13-11-2019 22:45

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Taf (Post 36016906)
I dropped in and gave them the docs to copy. The guy who dealt with it said the DWP have often failed to send a form to them when a case is resolved by both claimant and DWP. Their giving maximum points was a ploy to ensure the case could not be contested further.

But I showed him a copy of the letter we sent stating that they had been over-generous. He suggested I should keep proof of them receiving that letter (Post Office Signed-for) in case they ever decided to claim over-payment. The Tribunals deal with that scenario a lot.

When I got home, my daughter said that someone from that office had called asking for a "reference number". She did not understand what that meant, so I hope they'll call again. I suspect they want the P.O. receipt number, to put on her records in case the DWP decides to play silly buggers.

Similar to what happened to me last year. PIP denied after missing out by 1 point. Skipped firsts steps and deaf blind Scotland rep that helped me requested tribunal right away. After a few months I got a call offering standard rate of living and mobility. I was only looking for living. Accepted the for and 4 months later I got the letter of invite to tribunal as DWP had not bothered yo contact them to advise it was settled. I had to call DWP to prompt them to send info to say it was settled.

RichardCoulter 14-11-2019 11:57

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Stephen (Post 36017039)
Similar to what happened to me last year. PIP denied after missing out by 1 point. Skipped firsts steps and deaf blind Scotland rep that helped me requested tribunal right away. After a few months I got a call offering standard rate of living and mobility. I was only looking for living. Accepted the for and 4 months later I got the letter of invite to tribunal as DWP had not bothered yo contact them to advise it was settled. I had to call DWP to prompt them to send info to say it was settled.

The social security system has never been in such a mess in this country.

Some good news for those with severely disabled partners. The supreme court has unanimously ruled that applying the bedroom tax on 'spare' rooms that are used to store medical equipment is a breach of human rights:

https://www.theguardian.com/society/...er-bedroom-tax

OLD BOY 14-11-2019 12:58

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36017065)
The social security system has never been in such a mess in this country.

Some good news for those with severely disabled partners. The supreme court has unanimously ruled that applying the bedroom tax on 'spare' rooms that are used to store medical equipment is a breach of human rights:

https://www.theguardian.com/society/...er-bedroom-tax

Just as well we don't tax bedrooms, then.

RichardCoulter 14-11-2019 13:19

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by OLD BOY (Post 36017071)
Just as well we don't tax bedrooms, then.

It only affects those on Housing Benefit or Universal Credit.

pip08456 14-11-2019 13:24

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36017074)
It only affects those on Housing Benefit or Universal Credit.

So its not a tax then is it.

Taf 14-11-2019 15:50

Re: The state benefits system mega-thread.
 
Quote:

Four in five appeals processed in Wales against UK government decisions to deny people disability benefits succeeded, new data shows.

Success of appeals in Cardiff, covering Wales and south-west England, rose from 51% in 2013-14, to 80% between April and December 2018.

Charities said the success rate of appeals showed benefits assessments were beset by "poor decision-making" and "obvious inaccuracies".
https://www.bbc.co.uk/news/uk-wales-50378036

RichardCoulter 14-11-2019 16:25

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by pip08456 (Post 36017076)
So its not a tax then is it.

It's a shame that you're more interested in nit picking over terminology than the plight of severely disabled people who have wrongly had their benefits reduced.

In any case, this has been covered before if you check further back in this thread.

---------- Post added at 15:25 ---------- Previous post was at 15:22 ----------

Quote:

Originally Posted by Taf (Post 36017106)

Yes, I saw this on the 1pm BBC news. It featured a lady who was bi polar who has had the extra stress and worry to obtain her entitlement, which won't have done her state of mental health any good.

At the end, she said something poignant as in "this could all be sorted out if they began to care".

Hugh 14-11-2019 16:38

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36017109)
It's a shame that you're more interested in nit picking over terminology than the plight of severely disabled people who have wrongly had their benefits reduced.

In any case, this has been covered before if you check further back in this thread.

---------- Post added at 15:25 ---------- Previous post was at 15:22 ----------



Yes, I saw this on the 1pm BBC news. It featured a lady who was bi polar who has had the extra stress and worry to obtain her entitlement, which won't have done her state of mental health any good.

At the end, she said something poignant as in "this could all be sorted out if they began to care".

It's a shame you're more interested in using a negatively emotive term which wrongly describes something than being accurate - you would be very upset (rightly) if someone described severely disabled people as "burdens on the taxpayers"; words have power, especially if used negatively and incorrectly.

RichardCoulter 14-11-2019 18:06

Re: The state benefits system mega-thread.
 
I suggest that you take it up with the newspaper then.

This issue has already been covered recently in this thread, I see no point in going over old ground again, particularly when I suspect it's being done in order to deflect from the real issue under discussion.

Hugh 14-11-2019 18:13

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36017128)
I suggest that you take it up with the newspaper then.

This issue has already been covered recently in this thread, I see no point in going over old ground again, particularly when I suspect it's being done in order to deflect from the real issue under discussion.

Suspicion is not actuality...

Repetition of falsehoods, no matter who said/printed them, doesn't make them any more real.

OLD BOY 14-11-2019 19:35

Re: The state benefits system mega-thread.
 
By restoring this benefit, we would be discriminating against those renting accommodation from the private sector. How is that fair?

RichardCoulter 17-11-2019 17:21

Re: The state benefits system mega-thread.
 
The Public Law Project has launched a site to help those at risk of innaproppriate sanctions:

https://www.thejusticegap.com/new-we...ctions-regime/

Taf 17-11-2019 18:52

Re: The state benefits system mega-thread.
 
A Public Advocacy setup here was closed after HMG declined further funding, and the council refused to help either.

jfman 18-11-2019 17:57

Re: The state benefits system mega-thread.
 
https://metro.co.uk/2019/11/18/man-d...work-11174319/

Man found fit to work DIES in the queue at a job centre.

nomadking 18-11-2019 19:25

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017583)
https://metro.co.uk/2019/11/18/man-d...work-11174319/

Man found fit to work DIES in the queue at a job centre.

People die all the time for a variety of reasons.
Quote:

‘The man next to me told me that the poor guy had diabetes and had been declared fit for work by the job centre earlier in the year but he was obviously ill.
Diabetes by itself is not life threatening.

jfman 18-11-2019 19:28

Re: The state benefits system mega-thread.
 
People do indeed die all of the time for a variety of reasons. The poor DWP here, having their quality robust decision making undermined by luck and chance!

nomadking 18-11-2019 20:00

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017596)
People do indeed die all of the time for a variety of reasons. The poor DWP here, having their quality robust decision making undermined by luck and chance!

It is complete and utter nonsense to link the 2 things. That is the issue. If he was at the Jobcentre it is probable that a Tribunal also made a decision against him.


Eg There was a case of somebody who was refused ESA, but he died of an undiagnosed brain tumour. No connection whatsoever between the two things.

jfman 18-11-2019 21:17

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017606)
It is complete and utter nonsense to link the 2 things. That is the issue. If he was at the Jobcentre it is probable that a Tribunal also made a decision against him

Eg There was a case of somebody who was refused ESA, but he died of an undiagnosed brain tumour. No connection whatsoever between the two things.

"It's probable" is just your sheer guesswork. Do people waiting on ESA appeals not have to sign on?

What is true is that people are statistically more likely to die in the dole queue due to poor decision making by THE DWP refusing ill health benefits to people who are entitled to them with copy and paste decision making.

nomadking 18-11-2019 21:58

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017614)
"It's probable" is just your sheer guesswork. Do people waiting on ESA appeals not have to sign on?

What is true is that people are statistically more likely to die in the dole queue due to poor decision making by THE DWP refusing ill health benefits to people who are entitled to them with copy and paste decision making.

I said probable because the usual process is to remain on ESA until a Tribunal has decided. Impossible to be 100% sure. He might for some reason not taken that step. It would be improbable not to have taken the Tribunal appeal stage. Still remains the fact that there is absolutely no evidence provided that the two things are linked.

Diabetes by itself doesn't cause death.
Just found this.
Quote:

But a DWP source said reports the man had been declared fit to work were inaccurate and that he had been attending routine appointments for more than a year.
Official advice
Quote:

Having diabetes needn’t be a barrier to actively enjoying sports and exercise. Sportsmen and women with diabetes are common and have achieved some of the highest sporting awards available on the planet.
Famous UK diabetic sports achievers include Steve Redgrave, who has won numerous at the Olympics including his last gold medal which he won after being diagnosed with type 2 diabetes.
Does sport help diabetes?
Sport, or exercise of some form, is recommended for all people with diabetes because it brings a range of health benefits such as improved sensitivity to insuli, improved.

jfman 18-11-2019 22:05

Re: The state benefits system mega-thread.
 
"famous UK diabetic sports achievers" haha. What about all those asthmatic cyclists? Utterly laughable to compare the medical plight of hundreds of thousands to one or two athletes.

Your rush to defend the DWP at every turn is truly laughable. I just had a Google and it did not indicate the "usual process" was for an appellant of a fit for work decision to not have to claim Jobseeker's.

I can't believe I got banned from the Brexit thread for the week for the rather unambitious prediction that you work for them.

nomadking 18-11-2019 23:02

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017619)
"famous UK diabetic sports achievers" haha. What about all those asthmatic cyclists? Utterly laughable to compare the medical plight of hundreds of thousands to one or two athletes.

Your rush to defend the DWP at every turn is truly laughable. I just had a Google and it did not indicate the "usual process" was for an appellant of a fit for work decision to not have to claim Jobseeker's.

I can't believe I got banned from the Brexit thread for the week for the rather unambitious prediction that you work for them.

I'm defending facts and the truth. I am unemployed and receive ESA and PIP, so I do know and have experience of the process.

The quote says "Sportsmen and women with diabetes are common". So not so rare. Also, "Sport, or exercise of some form, is recommended for all people with diabetes".


Citizen's Advice.
Quote:

If the DWP doesn't change its decision, you can appeal the decision to an independent tribunal.
You can be paid ESA until the appeal is heard if you’re appealing a decision that found you failed the work capability assessment.
You can even get it backdated to start from the date of the decision, thereby covering the gap between that date and the mandatory reconsideration. Of course that all depends on your GP still issuing medical notes.


All irrelevant in this case, because apparently it is fake news.
Quote:

But a DWP source said reports the man had been declared fit to work were inaccurate and that he had been attending routine appointments for more than a year.

jfman 18-11-2019 23:50

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017626)
I'm defending facts and the truth. I am unemployed and receive ESA and PIP, so I do know and have experience of the process.

The quote says "Sportsmen and women with diabetes are common". So not so rare. Also, "Sport, or exercise of some form, is recommended for all people with diabetes".

I’m, as ever, struggling to see the relevance as you attempt to clutch at straws here.

Quote:

Citizen's Advice.
You can even get it backdated to start from the date of the decision, thereby covering the gap between that date and the mandatory reconsideration. Of course that all depends on your GP still issuing medical notes.
You ‘can’ however I’d dispute your previous use of the ‘usual proess’. Can you advise me of the process the DWP put you down while appealing without any further intervention?


Quote:

All irrelevant in this case, because apparently it is fake news.
As is the fact you claim to receive both ESA and PIP. Of course, there’s no way to test the veracity of any such “claim” on your part. It would however be convenient for the purposes of misinformation to make such an assertion, without any mechanism to test it.

Hugh 19-11-2019 00:10

Re: The state benefits system mega-thread.
 
Stop now!

nomadking has a history of posting about his personal situation, so unless you are stating he has spent many years building up this story, you are being insulting.

jfman 19-11-2019 00:15

Re: The state benefits system mega-thread.
 
I wasn't aware of that and as such withdraw my third point from my most recent post. Points one and two stand.

ianch99 21-11-2019 11:24

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017595)
People die all the time for a variety of reasons.
Diabetes by itself is not life threatening.

I get the impression that you seek to defend the current system at every opportunity. I am no expert in this area but reading a few of the recent pages of this thread, your position is to deny any problem and then argue from that position.

A quick check shows:

Complaints about PIP assessments up 6,000 per cent in three years

Quote:

The number of complaints to the government about the PIP assessment process has surged by more than 6,000 per cent in three years, prompting fresh concerns that the system is “flawed” and harming disabled people.

This marks a surge of 570 per cent in two years and 6,463 per cent in three years. The overall number of PIP claims has risen by 67 per cent since 2016.

Thousands of disabled people refused PIP claimants challenge the decision each year with 73% winning their appeals at an independent tribunal.
Statistics like this clearly show such a system is cleary indefensible and needs urgent reform yet you, and please correct be if I am wrong, seem to deny this. Why is this?

Surely, in any compassionate society, such a system that is clearly distressing the very people who need help the most, is morally unfit for purpose.

nomadking 21-11-2019 12:34

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by ianch99 (Post 36017821)
I get the impression that you seek to defend the current system at every opportunity. I am no expert in this area but reading a few of the recent pages of this thread, your position is to deny any problem and then argue from that position.

A quick check shows:

Complaints about PIP assessments up 6,000 per cent in three years

Statistics like this clearly show such a system is cleary indefensible and needs urgent reform yet you, and please correct be if I am wrong, seem to deny this. Why is this?

Surely, in any compassionate society, such a system that is clearly distressing the very people who need help the most, is morally unfit for purpose.

I'm pointing out facts.

Any major change to any of the Welfare systems by whichever government, has a "bedding down" period where rules are clarified.

EG People complain about somebody with a recently discovered tumour being denied ESA. The article pointed out that they were denied it because they had a partner who was working. They hadn't been assessed, never mind turned down. The article also stated that they had been awarded PIP anyway.

Whether the system should be changed where there is a partner, so they get some money(not the full ESA amount) is another matter. Labour had a lot of years to implement changes, and didn't.

On the "bedroom tax". Rules that have been in place for decades with the private rented sector, are suddenly complained about. Again, if they were that illegal or unfair, then Labour had plenty of opportunities to change things.

Eg Somebody dies whilst in the Jobcentre. It is claimed by somebody they had diabetes and had been found "fit for work". As my links showed, it doesn't by itself make you "unfit for work". Additionally, it was revealed he hadn't been found "fit for work", and had been attend the jobcentre for around a year.

Time after time, when a specific example is used, the truth is later on in the article. People too readily buy into the tone of the headline, without reading and comprehending the full article. My personal experience with the DWP is similar to that. They buy into the "headlines", and don't read and comprehend the whole application and evidence. The classic one, is where they phone you up to supposedly give a full verbal explanation of their decision, and don't explain a single point of anything. They just keep reiterating the line "we've looked at all the evidence". The legal purpose of the explanation is that it's meant to clearly demonstrate they have looked at all the major points raised, and explained their reasoning. The legal intention is that even if the claimant doesn't agree with it, they must understand it.
Quote:

36.The reasons for a decision must be intelligible and they must be adequate. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. Reasons can be briefly stated, the degree of particularity required depending entirely on the nature of the issues falling for decision. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds. But such adverse inference will not readily be drawn. The reasons need refer only to the main issues in the dispute, not to every material consideration.
I suppose that in essence, is what I try to do in this thread.

ianch99 21-11-2019 14:53

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017831)
I'm pointing out facts.

Any major change to any of the Welfare systems by whichever government, has a "bedding down" period where rules are clarified.

EG People complain about somebody with a recently discovered tumour being denied ESA. The article pointed out that they were denied it because they had a partner who was working. They hadn't been assessed, never mind turned down. The article also stated that they had been awarded PIP anyway.

Whether the system should be changed where there is a partner, so they get some money(not the full ESA amount) is another matter. Labour had a lot of years to implement changes, and didn't.

On the "bedroom tax". Rules that have been in place for decades with the private rented sector, are suddenly complained about. Again, if they were that illegal or unfair, then Labour had plenty of opportunities to change things.

Eg Somebody dies whilst in the Jobcentre. It is claimed by somebody they had diabetes and had been found "fit for work". As my links showed, it doesn't by itself make you "unfit for work". Additionally, it was revealed he hadn't been found "fit for work", and had been attend the jobcentre for around a year.

Time after time, when a specific example is used, the truth is later on in the article. People too readily buy into the tone of the headline, without reading and comprehending the full article. My personal experience with the DWP is similar to that. They buy into the "headlines", and don't read and comprehend the whole application and evidence. The classic one, is where they phone you up to supposedly give a full verbal explanation of their decision, and don't explain a single point of anything. They just keep reiterating the line "we've looked at all the evidence". The legal purpose of the explanation is that it's meant to clearly demonstrate they have looked at all the major points raised, and explained their reasoning. The legal intention is that even if the claimant doesn't agree with it, they must understand it.

I suppose that in essence, is what I try to do in this thread.

But you seem only to point out "facts" that align with your agenda. Fair enough, that is the modern condition on social media but what is more disturbing is that you seem to challenge the veracity of the issues that people raise as a starting position irrespective of the relative merits. It is possible and seemingly probable that the Tory welfare system needs more than just "bedding down".

I know it is obvious but you can never apply your own individual experience about anything and use it to make conclusions at the macro level.

Carth 21-11-2019 15:16

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by ianch99 (Post 36017841)
I know it is obvious but you can never apply your own individual experience about anything and use it to make conclusions at the macro level.

I think that's what the majority of people do though, they take what they see and use it as a basis. The other alternative is to believe what others say - whether on media sites, poll results, or word of mouth.

The only 'truth' people know, is what they themselves experience

jfman 21-11-2019 15:36

Re: The state benefits system mega-thread.
 
Nomadking claims to be trying to help people understand haha. The biggest poster of disinformation and distractions in the thread.

Rather than subjective opinion I much prefer facts and statistics. What is the DWPs rate for losing PIP appeals now? 71%, 78%? I keep losing track.

If, as he disingenuously suggests, this is simply a "bedding in period" - PIP was introduced in 2013 and ESA in 2008 surely their performance would get better, not worse?

RichardCoulter 21-11-2019 17:15

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017831)
I'm pointing out facts.

Any major change to any of the Welfare systems by whichever government, has a "bedding down" period where rules are clarified.

EG People complain about somebody with a recently discovered tumour being denied ESA. The article pointed out that they were denied it because they had a partner who was working. They hadn't been assessed, never mind turned down. The article also stated that they had been awarded PIP anyway.

Whether the system should be changed where there is a partner, so they get some money(not the full ESA amount) is another matter. Labour had a lot of years to implement changes, and didn't.

On the "bedroom tax". Rules that have been in place for decades with the private rented sector, are suddenly complained about. Again, if they were that illegal or unfair, then Labour had plenty of opportunities to change things.

Eg Somebody dies whilst in the Jobcentre. It is claimed by somebody they had diabetes and had been found "fit for work". As my links showed, it doesn't by itself make you "unfit for work". Additionally, it was revealed he hadn't been found "fit for work", and had been attend the jobcentre for around a year.

Time after time, when a specific example is used, the truth is later on in the article. People too readily buy into the tone of the headline, without reading and comprehending the full article. My personal experience with the DWP is similar to that. They buy into the "headlines", and don't read and comprehend the whole application and evidence. The classic one, is where they phone you up to supposedly give a full verbal explanation of their decision, and don't explain a single point of anything. They just keep reiterating the line "we've looked at all the evidence". The legal purpose of the explanation is that it's meant to clearly demonstrate they have looked at all the major points raised, and explained their reasoning. The legal intention is that even if the claimant doesn't agree with it, they must understand it.

I suppose that in essence, is what I try to do in this thread.

Cameron said that the Bedroom Tax was introduced to free up under utilised council properties to house homeless families and not to save money (yeah, right).

In the main it has failed to meet this objective as most council properties were built to house families of various sizes and there simply isn't enough alternative accomodation designed for single people, yet these people are having their Housing Benefit/Universal Credit reduced. Even those ready and willing to move to smaller accomodation, but can't because none is available, are still penalised.

Many councils are finding it hard to let out properties which would attract a bedroom tax and they are lying empty, some have even demolished them to cut costs.

On top of the hardship imposed on people, it hasn't saved any money. Yes, it will have cut down on the benefits bill, but this has been outweighed by the extra cost of administration, appeals (many where the Government has lost), extra Discretionary Housing Payments etc.

One area where it is vastly more expensive is where a family cannot afford to top up their rent out of the (frozen since 2012) money that is meant to cover essential day to day living expenses. They get into arrears and are evicted, the same council then has a duty to find them emergency accomodation. This is usually a bed & breakfast costing hundreds of pounds a week, on top of the extra social costs of children having to travel miles to get to school or their parents actually having to give up work and claim extra benefits.

Private accommodation is much more diverse than the public sector, ranging from a room in a house to a detached house with a swimming pool. If someone chooses to move into an overlarge or expensive privately rented property, it could be argued that they should be expected to make up any shortfall. Previously, they wouldn't have known that their home would have had a reduction in the Housing Benefit payable for being above 'a reasonable market rent' or 'overlarge'*, so the Government introduced a system where they could get a decision about this before they accepted the tenancy. But would the landlord be prepared to wait, or would they simply let out the property to someone with the cash in their hand?

* Not all 'overlarge' private tenancies have their eligible rent reduced, as opposed to the arbitary Bedroom Tax imposed on council tenants. As a result of all the appeals and court cases arising, anyone currently paying the bedroom tax is advised to seek professional advice.

I suspect that your uncompromising stance on the benefit cuts is because you are a Tory supporter. It will be interesting to see if your position changes should we have a different party in Government in a few weeks.

ianch99 21-11-2019 17:31

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Carth (Post 36017843)
I think that's what the majority of people do though, they take what they see and use it as a basis. The other alternative is to believe what others say - whether on media sites, poll results, or word of mouth.

The only 'truth' people know, is what they themselves experience

I disagree. Some people do this but a large number try and form an objective opinion by cross referencing any claims. I hate to disappoint but there are more than the two options here.

This quote:

Quote:

The only 'truth' people know, is what they themselves experience
is puzzling to say the least. What is true is sometimes contextual: if you are content with the Welfare System, it does not make it true that everyone is. To apply this maxim leads to a very dark place ..

---------- Post added at 16:31 ---------- Previous post was at 16:29 ----------

Quote:

Originally Posted by RichardCoulter (Post 36017855)
I suspect that your uncompromising stance on the benefit cuts is because you are a Tory supporter.

This seems to be the real answer here ..

peanut 21-11-2019 18:43

Re: The state benefits system mega-thread.
 
As someone who relies on ESA, PIP, carers allowance etc, it doesn't give my opinion any authority over anyone elses. The way things are just aren't fit for purpose. That much has been proven. Other than that, I think the nail has been hit squarely on the head. You're not going to get much of an fair argument on this Tory (biased) forum. Best to just not bother, go elsewhere.

But if you do need advice on these certain matters, then I hope I and others will certainly help. :)

OLD BOY 21-11-2019 19:44

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by RichardCoulter (Post 36017855)
Cameron said that the Bedroom Tax was introduced to free up under utilised council properties to house homeless families and not to save money (yeah, right).

In the main it has failed to meet this objective as most council properties were built to house families of various sizes and there simply isn't enough alternative accomodation designed for single people, yet these people are having their Housing Benefit/Universal Credit reduced. Even those ready and willing to move to smaller accomodation, but can't because none is available, are still penalised.

Many councils are finding it hard to let out properties which would attract a bedroom tax and they are lying empty, some have even demolished them to cut costs.

On top of the hardship imposed on people, it hasn't saved any money. Yes, it will have cut down on the benefits bill, but this has been outweighed by the extra cost of administration, appeals (many where the Government has lost), extra Discretionary Housing Payments etc.

One area where it is vastly more expensive is where a family cannot afford to top up their rent out of the (frozen since 2012) money that is meant to cover essential day to day living expenses. They get into arrears and are evicted, the same council then has a duty to find them emergency accomodation. This is usually a bed & breakfast costing hundreds of pounds a week, on top of the extra social costs of children having to travel miles to get to school or their parents actually having to give up work and claim extra benefits.

Private accommodation is much more diverse than the public sector, ranging from a room in a house to a detached house with a swimming pool. If someone chooses to move into an overlarge or expensive privately rented property, it could be argued that they should be expected to make up any shortfall. Previously, they wouldn't have known that their home would have had a reduction in the Housing Benefit payable for being above 'a reasonable market rent' or 'overlarge'*, so the Government introduced a system where they could get a decision about this before they accepted the tenancy. But would the landlord be prepared to wait, or would they simply let out the property to someone with the cash in their hand?

* Not all 'overlarge' private tenancies have their eligible rent reduced, as opposed to the arbitary Bedroom Tax imposed on council tenants. As a result of all the appeals and court cases arising, anyone currently paying the bedroom tax is advised to seek professional advice.

I suspect that your uncompromising stance on the benefit cuts is because you are a Tory supporter. It will be interesting to see if your position changes should we have a different party in Government in a few weeks.

I would just point out that the reduction in benefit to those with more bedrooms than they needed simply removed the anomoly that council tenants had been given an unfair advantage over private tenants, who were not allowed to claim that benefit.. The private tenants were doubly disadvantaged compared to tenants in social housing, because private tenants have to pay higher rents, often for worse accommodation.

There is no 'bedroom tax', as you know.

ianch99 21-11-2019 20:18

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by peanut (Post 36017865)
As someone who relies on ESA, PIP, carers allowance etc, it doesn't give my opinion any authority over anyone elses. The way things are just aren't fit for purpose. That much has been proven. Other than that, I think the nail has been hit squarely on the head. You're not going to get much of an fair argument on this Tory (biased) forum. Best to just not bother, go elsewhere.

But if you do need advice on these certain matters, then I hope I and others will certainly help. :)

You make a fair and honest point. In answer to your forum point, most sensible people have either left or never want to contribute to these, sometimes toxic, unfairly moderated and right wing dominated, sub-forums.

Just look at the numbers: 94,845 members in total and look how many of these are active in the Current Affairs forums? Maybe 20-ish? Sort of proves the point ..

Then again, we all left, this place would just be a Daily Mail Comments parody site .. ;)

nomadking 21-11-2019 20:41

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by ianch99 (Post 36017841)
But you seem only to point out "facts" that align with your agenda. Fair enough, that is the modern condition on social media but what is more disturbing is that you seem to challenge the veracity of the issues that people raise as a starting position irrespective of the relative merits. It is possible and seemingly probable that the Tory welfare system needs more than just "bedding down".

I know it is obvious but you can never apply your own individual experience about anything and use it to make conclusions at the macro level.

So which "facts" go against my "agenda". People keep making absurd claims and links.

Eg X refused ESA, dies after falling over. The reason for falling over is found to be an undiagnosed brain tumour. But still his death is somehow linked to being refused ESA. The undeniable fact is that the 2 things are unconnected.

My personal experience is mentioned to point out I'm not exactly a fan of the DWP and how it operates. It's vitally important to focus on the real errors, not the fake news. It is fair to point out that Labour are not being held to the same standards, and that people are only griping about so many different things that were mysteriously not a problem when Labour were in power. That is hypocrisy on their part.

How many of the specific claims in this thread over being denied benefits have been shown to be true? They are mostly(if not all) demonstrated not to be valid for one reason or another. As I keep pointing out the truth is often exposed later on in the linked article.
Eg Claim:- X commit suicide because of delays in in UC and threat of eviction. Truth:- He was in so much debt for such a long time before he resigned his job, that even an immediate approval of his claim would have made no difference. He was going to be evicted regardless.
Eg Claim:- Person with a recently diagnosed brain tumour is denied ESA. Truth:- Later in the article it says that he was ineligible because he had a partner who works. He hadn't even been assessed for ESA. He was actually awarded PIP.
Eg Claim:- Person found "fit for work" dies in JobCentre. Truth:- He hadn't been found "fit for work", and the cause of death has not yet been specified.

denphone 21-11-2019 20:47

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017879)
So which "facts" go against my "agenda". People keep making absurd claims and links.


Eg X refused ESA, dies after falling over. The reason for falling over is found to be an undiagnosed brain tumour. But still his death is somehow linked to being refused ESA. The undeniable fact is that the 2 things are unconnected.

My personal experience is mentioned to point out I'm not exactly a fan of the DWP and how it operates. It vitally important to focus on the real errors, not the fake news. It is fair to point out that Labour are not being held to the same standards, and that people are only griping about so many different things that were mysteriously not a problem when Labour were in power. That is hypocrisy on their part.

Labour when they were in power were just as culpable with the introduction of ESA which was as much of a disaster as Universal Credit which like ESA was ill thought out and chaotic.

jfman 21-11-2019 21:11

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017879)
So which "facts" go against my "agenda". People keep making absurd claims and links.

Eg X refused ESA, dies after falling over. The reason for falling over is found to be an undiagnosed brain tumour. But still his death is somehow linked to being refused ESA. The undeniable fact is that the 2 things are unconnected.

My personal experience is mentioned to point out I'm not exactly a fan of the DWP and how it operates. It's vitally important to focus on the real errors, not the fake news. It is fair to point out that Labour are not being held to the same standards, and that people are only griping about so many different things that were mysteriously not a problem when Labour were in power. That is hypocrisy on their part.

How many of the specific claims in this thread over being denied benefits have been shown to be true? They are mostly(if not all) demonstrated not to be valid for one reason or another. As I keep pointing out the truth is often exposed later on in the linked article.
Eg Claim:- X commit suicide because of delays in in UC and threat of eviction. Truth:- He was in so much debt for such a long time before he resigned his job, that even an immediate approval of his claim would have made no difference. He was going to be evicted regardless.
Eg Claim:- Person with a recently diagnosed brain tumour is denied ESA. Truth:- Later in the article it says that he was ineligible because he had a partner who works. He hadn't even been assessed for ESA. He was actually awarded PIP.
Eg Claim:- Person found "fit for work" dies in JobCentre. Truth:- He hadn't been found "fit for work", and the cause of death has not yet been specified.

The real errors presumably being the 78% of PIP appeals that they refuse on flimsy copy and paste evidence from an alleged "medical professional" who sees the claimant sometimes for as little as six minutes.

nomadking 21-11-2019 21:22

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by denphone (Post 36017880)
Labour when they were in power were just as culpable with the introduction of ESA which was as much of a disaster as Universal Credit which like ESA was ill thought out and chaotic.

The notion of UC(ie a single working age benefit) was proposed in 2009, perhaps before then.

The DWP do make errors and outright sloppiness in decision making, but the examples used in this thread are not usually amongst them. Concentrate on the real errors going on, not the headline ones, which are often false or simply a total misunderstanding of the rules.

Eg Maximus Medical report states "breathlessness on exertion", Hospital and GP also state that, medical reason for it identified(which is important), but not taken into account when deciding anything on the basis of "no breathlessness when brushing teeth".:confused: Lost at Tribunal, but won a rehearing from the Upper Tribunal, but not on any medical basis. I won it on a strange thing in the rules, that is really a physical state of affairs and isn't something that I would have got a medical note from a GP for. Eventually I won the rehearing at the First Tier Tribunal(they stopped it before the end) on the basis of "breathlessness on exertion".

Eg You can't complain about losing benefits claimed under the special rules(expected to die within 6 months), when you're still alive 2 years later. You might still be eligible, but not under the special rules.

jfman 21-11-2019 22:06

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017883)
The notion of UC(ie a single working age benefit) was proposed in 2009, perhaps before then.

The DWP do make errors and outright sloppiness in decision making, but the examples used in this thread are not usually amongst them. Concentrate on the real errors going on, not the headline ones, which are often false or simply a total misunderstanding of the rules.

Eg Maximus Medical report states "breathlessness on exertion", Hospital and GP also state that, medical reason for it identified(which is important), but not taken into account when deciding anything on the basis of "no breathlessness when brushing teeth".:confused: Lost at Tribunal, but won a rehearing from the Upper Tribunal, but not on any medical basis. I won it on a strange thing in the rules, that is really a physical state of affairs and isn't something that I would have got a medical note from a GP for. Eventually I won the rehearing at the First Tier Tribunal(they stopped it before the end) on the basis of "breathlessness on exertion".

Eg You can't complain about losing benefits claimed under the special rules(expected to die within 6 months), when you're still alive 2 years later. You might still be eligible, but not under the special rules.

"Not usually among them" in your armchair opinion given you are simply a recipient of DWP benefits, not a qualified medical professional, and are simply ideologically backing the Conservatives.

nomadking 21-11-2019 22:51

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017890)
"Not usually among them" in your armchair opinion given you are simply a recipient of DWP benefits, not a qualified medical professional, and are simply ideologically backing the Conservatives.

The "Not usually amongst them" bit, is simply because I don't want to traipse through the whole thread checking every single example so that I can claim "X% are not amongst them". I have given specific examples of where a claim(not the ESA/PIP claim referred to) made within a post, is untrue, and why it's untrue.
Eg Link

Quote:

Michael was diagnosed with a brain tumour on the right side of his head while on holiday in Canada in July.
But despite being told by doctors he has just nine months to live and undergoing daily radiotherapy, DWP bureaucrats say he isn’t eligible for Universal Credit or Employment and Support Allowance (ESA).
The TRUTH being:-
Quote:

“We thought I was getting Universal Credit but at the Job Centre Plus in Johnstone they told me I wasn’t eligible because my partner Terry works part-time.

...
and the application is decided on overall household income.
Furthermore:-
Quote:

The department also says it has terminal illness special rules and anyone subject to it can have their work-related requirements waived.
It added on Thursday that it had reviewed the case and Mr McClelland had been awarded the enhanced level of the mobility allowance.
What is wrong about pointing out the truth?

jfman 21-11-2019 22:57

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017896)
The "Not usually amongst them" bit, is simply because I don't want to traipse through the whole thread checking every single example so that I can claim "X% are not amongst them". I have given specific examples of where a claim(not the ESA/PIP claim referred to) made within a post, is untrue, and why it's untrue.
Eg Link


The TRUTH being:-

Furthermore:-
What is wrong about pointing out the truth?

You haven’t pointed out the truth though, all too often you are offering another mere subjective opinion, similar in vain to the “man in the pub” in the absence of material facts about the individuals involved or the claims made.

It’s total bull from you time and again. Anything to depend the DWP when against any measure going their performance in administering benefits is atrocious and getting worse. A Government department failing to administer laws it creates is nothing short of scandalous and for any supposedly “neutral” person to clutch at straws to defend them is, frankly, despicable.

Hugh 21-11-2019 23:16

Re: The state benefits system mega-thread.
 
DWP doesn’t create the laws they administer- Parliament does.

jfman 21-11-2019 23:31

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Hugh (Post 36017904)
DWP doesn’t create the laws they administer- Parliament does.

The secondary legislation that covers much of benefit rules/regulations would be developed and impact assessed by DWP policy officials after being given a steer by Ministers/special advisers/budget etc. While Parliament has to approve (affirmative procedure) or at least not object (negative procedure), the Department and it’s lawyers are very much responsible for their creation.

nomadking 22-11-2019 00:13

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Hugh (Post 36017904)
DWP doesn’t create the laws they administer- Parliament does.

Higher court decisions and even some Upper Tribunals decisions(ie Reported decisions) do amend the law.
DWP Decision Makers' Guide.
Quote:

Decisions given by other courts
01470 In making decisions, DMs should take account of
1.their own independent conclusions and
2.decisions of appellate authorities including reported UT decisions.
01471 The DM is bound by decisions of the appellate authorities (see DMG 01475) on questions which are identical to those they have to decide.
Appellate Authorities
01474 The appellate authorities are
1.the UT and
2.the higher courts.
That is why looking at Upper Tribunals decisions can be informative when dealing with benefit issues.

Chris 22-11-2019 00:27

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017919)
Higher court decisions and even some Upper Tribunals decisions(ie Reported decisions) do amend the law.
DWP Decision Makers' Guide.
That is why looking at Upper Tribunals decisions can be informative when dealing with benefit issues.

No they don’t. No court can amend statute law - not even the Supreme Court. Courts create precedent in case law, but this is not amending law, it is creating law in a previously grey or undefined area.

nomadking 22-11-2019 00:39

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017898)
You haven’t pointed out the truth though, all too often you are offering another mere subjective opinion, similar in vain to the “man in the pub” in the absence of material facts about the individuals involved or the claims made.

It’s total bull from you time and again. Anything to depend the DWP when against any measure going their performance in administering benefits is atrocious and getting worse. A Government department failing to administer laws it creates is nothing short of scandalous and for any supposedly “neutral” person to clutch at straws to defend them is, frankly, despicable.

I point out the facts that are mentioned in the SAME article about the individual. How is that subjective opinion? Being "subjective" and not being fully aware of the claimants situation works both ways. For the most part, having medical condition X doesn't automatically mean that you are eligible for benefits. In that example that was used, the claim is that he was turned down for ESA. The claim never got that far. The bit in the article that initially raised my suspicions was that he was diagnosed in July, but the suggestion was that an assessment and decision had been made a few months later. That timescale was unlikely, and sure enough the reason he was "turned down", was the income of his partner, NOT his health or lack of it. No DWP decision on ESA had really been made.
EG Man alleged by man sitting next to somebody else(ie "man in the pub" situation) to have died after having been found "fit for work", HADN'T been found "fit for work". That NOT subjective, that is FACT.

Where have the Government dept failed to administer laws, expect where AFTER the fact somebody comes along and says the way something has been applied is suddenly illegal, when it wasn't before?

---------- Post added at 23:39 ---------- Previous post was at 23:28 ----------

Quote:

Originally Posted by Chris (Post 36017920)
No they don’t. No court can amend statute law - not even the Supreme Court. Courts create precedent in case law, but this is not amending law, it is creating law in a previously grey or undefined area.

They are not amending the law, but those decisions do change the rules and how they've been applied in the past. They effectively add amendments to the law. The DWP decision makers are meant to stick to those amendments. Their guidance supplies references to the base law as well as those amendments.


It is still beneficial to look at those other decisions in conjunction with the base law to get a fuller picture of how the decisions are meant to be arrived at.

jfman 22-11-2019 05:53

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by nomadking (Post 36017919)
Higher court decisions and even some Upper Tribunals decisions(ie Reported decisions) do amend the law.
DWP Decision Makers' Guide.
That is why looking at Upper Tribunals decisions can be informative when dealing with benefit issues.

They don't amend the law. They clarify interpretation of the law.

Maggy 22-11-2019 09:39

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by jfman (Post 36017926)
They don't amend the law. They clarify interpretation of the law.

I think most people would think there is little difference between the two.

jfman 22-11-2019 10:53

Re: The state benefits system mega-thread.
 
Quote:

Originally Posted by Maggy (Post 36017937)
I think most people would think there is little difference between the two.

I would generally agree - however my starting point was that the DWP policy officials develop these regulations and get them wrong. Then DWP operational staff, in conjunction with the third party assessors, get their application wrong resulting in the massive amounts of appeals being lost.


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