Linda

May 202013
 

IN JUNE THE INDEPENDENT LIVING FUND IS 25 YEARS OLD. 

The ILF has been invaluable to enable disabled people to live independently now without even any vote in parliament or any discussion the Butchers of Benefits have announced it will close from 2015 with no replacement funding for more than 12 months maximum. Many local authorities have said this will result in disabled people being forced back into institutions or left to rot in their own homes without adequate levels of support.

On June 10th we’re going to have a birthday celebration with some others including hopefully a magician, street theatre, and cake plus lots of birthday cards to go to our DWP ministers.

We’re all meeting up between 1.30 pm and 2pm at Deans Yard, SW1P 3PA which is at the back of Westminster Abbey (ie the side that isn’t opposite House of Commons).

Nearest accessible tube is Westminster and for other travel information contact Transport for All http://www.transportforall.org.uk/

Hope to see you all there. Feel free to drop us a line at mail@dpac.uk.net if you can come to this. Bring friends, banners, and noise plus cakes if you can.

 Posted by at 21:20
May 182013
 
“Crisis loansCrisis loans came to an end in March 2013. But if you’ve run out of money and can’t afford to eat or pay your rent, there are still financial hardship payments available from job centres and local councils.Local councils are now responsible for helping you if you’ve been hit by a disaster like a fire or flood and you’re suddenly homeless or can’t afford food or necessities.

The type of help varies council to council.

If you are on benefits there’s other money available, depending on your situation. The job centre won’t necessarily tell you about this, so arm yourself with knowledge.

1) Hardship payments

If your money from Jobseeker’s Allowance or Universal Credit has been stopped for some reason – for example you’ve been sanctioned because you haven’t applied for enough jobs – you might be able to get a hardship payment.

Apply by talking to your JSA advisor. We strongly advise speaking to the Citizen’s Advice Bureau first – getting hardship payments can be tricky and they’ll help you.

2) Short-term Advances

If you’re waiting for a benefit claim to be processed and you need money right now you might be able to get a Short-term Advance from the Job Centre.

How do I apply?

Talk to the job centre.

Who gets a Short-term Advance?

They’re available in all parts of the UK. You’ll have to prove that you’ll be in dire need if you don’t get any money – for example you don’t have any savings.

Do I have to pay back a Short-term Advance?

You’ll have to pay the advance back in three months (six months in exceptional circumstances).

3) Budgeting Loans (soon changing to Budgeting Advances)

Budgeting Advances help you with big one-off payments like rent, clothes and furniture. You must have been claiming benefit for six months to get one. If you haven’t been on benefit long, you can still claim a Budgeting Advance if the money would help you get a job i.e. with transport costs.

Who can get a budgeting advance?

People from all over the UK including Northern Ireland can get Budgeting Advances.

How do I apply?

Download the SF500 budgeting loan form from the GOV.UK website.

When do I have to pay back a budgeting advance?

They normally have to be paid back within 18 months.

How much can I borrow?

The minimum you can borrow is £100. The maximum number of loans you have at one time can’t be more than £1500.

Help – my claim has been refused

If you get refused for financial hardship help, you can ask the job centre to review the decision. You have to do this in writing, stating the reasons why you want the decision to be looked at again. You then send this to your local job centre who will forward it to the reviewing team. Once they’ve considered your case a reviewing officer will contact you.

Find out more about appealing a decision about benefits.

If that review is unsuccessful, you can send a complaint to the Independent Case Examiner who deals with all complaints against job centres.

If you don’t comply with your Jobseeker’s agreement, you may have your JSA sanctioned for a number of weeks. Your local Job Centre should ideally tell you if you’re losing your benefit and explain why, but you may find the money just doesn’t come into your account. 

If you find your JSA money has not come into your bank account, do the following:
Contact the Job Centre straight away to find our why it has not been paid.
If a sanction has been applied, ask why, and ask for information in writing.
Visit a local advice centre such as Citizens Advice Bureau as soon as possible.
If a sanction has been applied incorrectly, challenge it (your advice centre will help you).
If a sanction has been applied correctly, you local advice centre may still be able to help you access funds, food, and stop any further sanctions being applied to other benefits like Housing or Council Tax. They may be able to get the length of the sanction reduced.
You can also apply for a hardship payment if you can demonstrate you’re suffering from hardship as a result of the sanctions.”

Reply to this email to comment on this p

 Posted by at 20:59
May 172013
 

Government plans to permanently shut the Independent Living Fund are a concern for all disabled people and to everyone who cares about inclusion and social justice in the UK. The ILF was set up to support disabled people with the highest level of support need to live independently in the community regardless of their level of support need and when the alternative was residential care. The end of the ILF without adequate alternative support provision signals the end of the right to independent living for disabled people and a breach of Article 19 of the United Nations Convention on the Rights of Disabled People.

The ILF has been shut to new applicants since December 2010 and thousands of disabled people must therefore have missed out on support needed to enjoy full and meaningful lives. At both central and local government levels no information has been recorded to monitor the impact of this and to measure any potential breach of Article 19.

Inclusion London and Disabled People Against Cuts are asking for individual disabled people to come forward if you think you would have been eligible to apply to the ILF before it was shut at the end of 2010. It is important that information is recorded from the UK about any threat to disabled people’s fundamental rights and freedoms and will give disabled people in the UK the chance to invoke international protection of our rights.

If you are happy to share your story, information the support you get (or don’t get) and the impact this has on your life then please contact ellen.clifford@inclusionlondon.co.uk or phone 020 7036 6032.

 

May 162013
 

This Code of practice for transition reviews of those in receipt of ILF funding has been drawn up by ILF, ADASS and LGA.  It seems fairly meaningless so there is no surprise there.

Transfer Review Programme Code of practice
Purpose of the code of practice
Following engagement with local authorities in England and disabled people and their organisations, the Independent Living Fund (ILF), the Association of Directors of Adult Social Services (ADASS), and the Local Government Association (LGA) have co-produced this code in order to promote best practice to support the effective transfer of ILF users to sole local authority support from April 2015.
The code aims to maximise the success of the transfer review programme and enhance the customer journey throughout transition by providing key principles to underpin partnership working.
Key principles
1. Commitment to personalisation, inclusion, and choice and control
Throughout the process all parties will seek to demonstrate a commitment to the underlying principles of personalisation. There will be a high level commitment to maintaining choice and control, as well as maintaining users’ independent living outcomes.
All parties will ensure that users and their representatives are fully involved in transitional planning, and will take account of the views and requirements of users and their families/representatives in the preparation and implementation of the transfer of support.
2. Working in partnership
It is essential that the ILF and local authorities collaborate and work in partnership throughout the transfer programme to ensure that the necessary plans and structures are in place to fully support users up to and beyond 2015.
All parties will be committed to working towards and meeting relevant deadlines so as to guarantee that the programme is fully completed by 31 March 2015.
2
3. Open communication
Throughout the programme there needs to be continuous and open communication, providing relevant information that is shared in a timely manner. All parties should ensure that users are kept informed of plans that impact on their future. It is important that users have a clear awareness and understanding of what the transfer will mean for them.
4. Designated support
In order to facilitate the management of the programme, the ILF and local authorities will have place a named point of contact to manage relations between the ILF and each local authority, for both operational and corporate liaison. There should be a clear delineation of responsibility and accountability in running the programme both within the ILF and with local authorities.
5. Commitment to joint reviews
To aid the transfer process the ILF and local authorities will collaborate and participate in the joint transfer review programme, using a person centred assessment to identify how independent living outcomes can continue to be met.
In addition the programme will need to identify and inform users of what they will need to do prior to April 2015 to ensure that their eligible support continues to be met.
To aid in this process the ILF will seek consent prior to the initiation of the transfer review programme from all group 1 users to pass on information to local authorities. This will facilitate the collaboration between the ILF and local authorities and enable full participation in the programme by local authorities.
6. Advice and advocacy
Local authorities should where possible ensure that there is sufficient provision of, and clear signposting towards, independent advocacy and support. The ILF and local authorities will work together to share information on support available for users in order to effectively signpost people to this.
7. Personal budgets
The transfer to local authorities will be an opportunity to promote the take up of personal budgets. ILF users currently receive cash payments directly from the fund to pay for their support and the expectation is that they will continue to be able to exercise choice and control over how their care is provided. Users should be informed of what options and support are available locally.
3
8. Provision from April 2015
Transitional arrangements need to be in place from 1 April 2015 which enable users to plan for and manage any change in their support. The arrangement of a period of phased transition being provided that supports the protection of independent living outcomes is one of the issues for consideration during this transition period.
We believe that it is essential that before the end of the transfer programme all ILF users and their representatives have a clear understanding of how their eligible support needs will be met immediately following the transfer.
Any change to support arrangements made by the local authority should take into account the impact upon care providers making certain that the user is able to meet legal and contractual obligations where provision is reduced or replaced. In particular this includes redundancy payments and notice periods.
9. Data sharing
Any transfer of information needs to ensure that no person who has expressed a wish to receive support after April 2015 is unaccounted for.
The ILF will need to monitor the transfer of information to the relevant authorities. When information is transferred to local authorities there will need to be in place a mechanism to acknowledge the receipt of this information. All parties will ensure that appropriate measures are in place to transfer and protect sensitive information in compliance with data protection legislation.
10.Monitoring and evaluation
The ILF and local authorities will work in conjunction to ensure that there is a system in place to evaluate the effectiveness and progress of the programme. Any evaluation will naturally engage the opinions of users and their representatives.
Each party will have in place a clear process for managing complaints about decisions taken as a result of reviews. In addition the ILF and Local authorities should work in conjunction to resolve any concerns raised and provide a rapid resolution of any issues that arise.
7 May 2013

We also have this equally meaningless response to an FOI request for further information about what funding will be available. To summarise there is NO information which seems to be available to inform people what will happen.

https://www.whatdotheyknow.com/request/159619/response/390200/attach/html/2/FOI%202003.response.pdf.html

 Posted by at 18:39
May 162013
 

Statement re Collin Brewer remarks

Such views have no place in local government.  These remarks represent the personal views of Councillor Brewer who does not speak for the Council or the people of Cornwall.”

Signed :

Jeremy Rowe
Leader of the Liberal Democrat group

John Wood
Leader of the Independent group

Fiona Ferguson
Leader of the Conservative group

Malcolm Moyle
Leader of the Labour group

Stephanie McWilliam
Leader of UKIP group

Dick Cole
Leader of Mebyon Kernow

 

Following the Government’s abolition of Standards for England in 2012 and changes to the Code of Conduct regime the options available to the Council when a breach of the Code of Conduct is found have been limited.  There is no longer the ability to suspend Councillors.   The Council has never been able to disqualify Councillors in response to Code of Conduct complaints.  In this case the Monitoring Officer found that there had been a breach of the Code of Conduct and determined that the only appropriate and proportionate sanction he could impose was to require Councillor Brewer to issue a formal apology.  Mr Brewer was notified of this in November 2012 and subsequently wrote to the complainant apologising unreservedly for his remarks.

The Council does not have the power to stop anyone standing for election.  Both the qualifications for candidates and the reasons why an individual could be disqualified from standing for election are clearly set out in legislation.  The reasons for disqualification include being employed by the Council or holding a politically restricted post, being declared bankrupt or being sentenced to at least 3 months imprisonment during the previous 5 years.   As none of the criteria for disqualification apply to Mr Brewer he was entitled to stand for election to Cornwall Council and was subsequently chosen by local voters to represent the Wadebridge East electoral division.

The Council is committed to ensuring that all staff and Members receive appropriate training in equality and diversity issues. Equality and diversity training is mandatory for all paid staff and we staged specific workshops for all Members during the first week of their induction programme. Further training, on-going workshops and awareness sessions will also be available throughout the four year life of this Council.

 Posted by at 14:34
May 152013
 

We have sent the following complaint about what we consider to be the incitement to hatred by Cornish councillor Colin Brewer.

In Wadebridge East, Colin Brewer has been re-elected, despite his earlier remarks about the need to kill disabled children because they cost too much.  It seems voters may have accepted his apology. His comments had already sent shivers down the backs of all disabled people who knew about it – particularly, of course, those of us born with our impairments.

We have to our collective horror, however, now learnt from Disability News Service, whose reporter John Pring interviewed Mr. Brewer extensively, that far from realizing the error of his ways, Mr. Brewer has been emboldened to repeat and elaborate on his murderous and chilling views.  We quote from the article posted on May 10th 2013 (http://disabilitynewsservice.com/2013/05/colin-brewer-there-is-a-good-argument-for-killing-some-disabled-babies/) “In the interview, Brewer repeatedly indicated that he believed there was a good argument for killing some disabled babies with high support needs, because of the cost of providing them with services.”

The contempt with which he views perhaps all human beings is revealed in this quote from the same article “People are not on this earth for very long. My main concern is planning and environmental [issues] and landscape. In that context, people are just transient. I have heard of terrific amounts of money being spent on specific individuals.”  But as far as disabled humans are concerned, Mr. Brewer made it clear that he considers us no better than animals, saying about farmers “If they have a misshapen lamb, they get rid of it. They get rid of it. Bang!”

We could go on; Mr. Brewer certainly did, making it very clear that we were not worth society’s efforts and clearly having no idea whatsoever of the contribution we make to society.

Early on in Nazi Germany, a poster appeared with a disabled man sitting down looking unhappy, and a ‘doctor’ behind him. The poster told the public how much this disabled man was supposed to be costing them. From there, the gas chambers were trialed on disabled people first. http://www.oddee.com/_media/imgs/articles/a55_euthanasia.jpg

We believe Mr. Brewer’s comments reveal that he is not fit to hold any public office whatsoever. How can you be a public servant, whilst advocating exterminating sections of the public who have done no wrong whatsoever?  Our understanding is that public service standards should debar him forthwith and we ask that you rapidly address this.

 

 

 Posted by at 10:22
May 142013
 

DPAC, Black Triangle campaign, Boycott Workfare and Brighton Benefits campaign will all be supporting CSRF members when they protest against the refusal to allow motions to discuss an ending to the benefit sanctions regime at the PCS conference on May 21st.

While we appreciate the legal complexities behind anti-trade union legislation several branches wanted to move motions to at least discuss how the sanctions regime might be legally hampered or ended.

DPAC is not supporting or are in any way involved with a die-in being planned to take place at the same time. Further as those involved with this die-in have said they do not want to be involved with non-disabled people we feel this is a divisive and unproductive attitude.

Demand action on benefit sanctions – PCS conference rally

The Brighton Centre, 12.30-14.30, Tuesday 21 May

Bring flags and banners

 Posted by at 21:33
May 132013
 

What councils don’t tell you about the enforcement of council tax. 

Millions of people who do not pay the council tax now will be charged 8.5% to 30% from the 1st April. Millions will not be able to afford it; councils knew that when they made those irrational decisions.

Councils will not tell you;

1. That they have the discretion to write off the tax for vulnerable and impoverished people  under clause 10 (1) 13A (1) of the Local Government Finance Act 2012. It is necessary for the council tax benefit claimant to write a letter to the council setting out their financial circumstances, all debts, and all relevant information such  as health/disability. Payment of the bedroom tax, rent due to the overall benefit tax and the rent due to the housing benefit tax would be relevant.

2. That the bottom line is the income left after rent and council tax needed for food,  fuel, clothes, transport and other necessities; that has to be a reasonable amount if councils (and jobcentres) abide by the Wednesbury Principles as required by law and endorsed by coalition ministers.

3.That page 9 of the National Standards for Enforcement Agents, published by the Ministry of Justice in 2012,  sets out a procedure for bailiffs to return vulnerable cases from the door step to all creditors, including councils for council tax and courts for fines. A change of circumstances since the debt, fine or council tax arrears were incurred is another reason for applying page 9 procedure.

4. That Ministers from the DWP, the DCLG and the MOJ all stated during the passage of the Acts of Parliament, which are creating such misery, how concerned they were for vulnerable people; see their statements as recorded in Hansard in the attached file. Councils and Jobcentres should be reminded that is the coalitions policy; even though crocodile’s tears come to mind.

The details are on the TAP website on this PDF

ENFORCEMENT OF ARREARS, OVERPAYMENTS AND FINES IN THE WAKE OF WELFARE REFORM AND IN THE CONTEXT OF AUSTERITY. (1)

  Rev Paul Nicolson

Taxpayers Against Poverty

93 Campbell Road,
Tottenham,
London N17 0BF
0208 3765455
07961 177889
also at www.z2k.org

 

 Posted by at 19:48
May 082013
 
TURN UP THE HEAT ON BRITISH GAS: PROTEST AT THE BRITISH GAS AGM
When? Monday 13th May, from 1pm
Where? Queen Elizabeth II Conference Centre, Broad Sanctuary, London, SW1P 3EE
Map: http://goo.gl/maps/Vf1rI
On Monday 13th May, Centrica – parent company of British Gas – are holding their 2013 AGM.
British Gas bosses and shareholders will be planning to pat themselves on the back after another year of soaring profits. We’re planning to turn their AGM into a public embarrassment.
While shareholder activists from Fuel Poverty Action, the Greater London Pensioners’ Association and Disabled People Against Cuts will be speaking out inside the AGM, we’d like you to join us for a protest outside.
WHAT’S THE PROBLEM WITH BRITISH GAS?
>> British Gas are making a killing from annual energy bill price hikes. British Gas bosses earn multi-million pound payouts every year on the backs of the millions of us forced to choose between heating and eating. Pensioners and disabled people are among the worst affected.
>> British Gas are buying off ministers to ensure that energy policy prioritises their profits over the public interest.
>> British Gas are lobbying for a new generation of dirty and expensive gas power stations instead of cheaper, clean renewable energy.
TURN UP THE HEAT…
Join us outside the Queen Elizabeth II Conference Centre in Westminster from 1pm. Bring banners and placards and come along to speak out against British Gas and the impact of their profiteering on our lives.
Community owned renewable energy and mass investment in insulation and energy efficiency would bring down bills, keep our homes warm, tackle climate change and put power back in people’s hands.
There are alternatives, but Big Six bullies like British Gas are getting in the way. They’ve got the government in their pockets, so it’s down to us to turn up the heat…
FIND OUT MORE
@FuelPovAction
Facebook.com/fuelpovertyaction
07586 482 157

 

 Posted by at 21:25
May 042013
 

Further savage benefit cuts are hitting disabled people disproportionately – and the first eviction warnings are out due to benefit caps.  We need a united, national fight: that’s why DPAC is part of the Benefit Justice Summit2 11 May  to bring together groups across the UK fighting the Bedroom Tax and other benefit cuts.

Speakers include Maria Brabiner of Greater Manchester against the Bedroom Tax, Ciara Doyle of Disabled People Against Cuts and John McDonnell MP. The Summit will also hear from Spanish anti-eviction activist Albert Portillo of PAH (Platform for Mortgage Victims), Spain ’s growing anti eviction movement, Chris Baugh Assistant General Secretary of PCS trade union which represents civil servants working in DWP and benefits offices, and Sean McGovern TUC disabled peoples rep.

 Ellen Clifford of Disabled People Against Cuts says: ‘Benefit Justice is a way to link up all those fighting vicious cuts to benefits.  We need to organise effective national action as part of the fight to stop all the benefit cuts.’

Anti bedroom tax groups from big cities and small towns are signing up to attend, alongside trade unions and community groups struggling already with the impact of benefit cuts.

For details of the Summit see leaflet here or benefitjustice.wordpress.com  and on facebook:bit.ly/benefitjustice2

 Posted by at 17:09
Apr 262013
 
Hello and thank you for your support for Benefit Justice. Have you registered for the Summit2 on 11th May 11am at Central Hall Westminster -map here   Register at benefitjustice.wordpress.com or by reply to this email. .
More than 200 attended the first Summit on 9 March. You can see some footage of Summit 1 here
Many came from tenants associations, disabled peoples’ and welfare rights and anti-bedroom tax campaigns, trade unions and community and women’s groups across Britain to launch a united fight on benefits, report on their struggles and plot a way forward.
Since then, the avalanche of benefit cuts has hit from April – the bedroom tax, the benefit cap (trialled in 4 London boroughs but expected to be rolled-out across the UK in July), the scrapping of Disability Living Allowance, the cut in council tax benefit and more are all causing real hardship.
Resistance has mushroomed: tens of thousands have protested in more than 50 towns and cities across the country, including a 1000-strong march through Leeds against the bedroom tax last weekend.
And the pressure is having an impact, Leeds and Nottingham Councils and some Housing Associations are redesignating council homes to avoid the Bedroom Tax, and several councils including Brighton, Dundee, at least 10 more in Scotland and several  in England say they will not evict people in arrears due to the bedroom tax -(though the small print includes get out clauses).
Summit2 will be an ideal opportunity to co-ordinate a much-needed UK-campaign that can beat back these vicious benefit cuts. Please come back to us if you have any questions about what we need to discuss, stalls, access, facilities or anything else.  A timetable will be sent out nearer the date.
Yours
Pat Carmody
for Benefit Justice Campaign
You can also follow us on facebook.com/benefitjustice and twitter @benefitjustice

 

 Posted by at 10:37
Apr 252013
 

Man Jailed After Comments Made In Atos Assessment

atos-killsA Nottingham man has now been held in custody for two weeks after he was accused of “threatening behaviour” due to comments he allegedly made during his Atos benefits assessment.

Steve Topley is a 49 year old father with multiple serious health problemswho was required to attend a Work Capability Assessment with the notorious IT firm Atos – the company responsible for stripping benefits from hundreds of thousands of sick and disabled people.  During the process Mr Topley made some comments about someone not present at the assessment.  His family say these comments were misunderstood and were in response to questions from the assessor about his personal life.

These comments led to Atos staff calling the police and Mr Topley was asked to attend Queens Medical Centre (QMC) in Nottingham.  When he refused to do so he was arrested.  At QMC he was de-arrested and received a mental health assessment but no reason was found to detain him under the mental health act.  He was then re-arrested and taken in handcuffs to Nottingham police station where he was later charged.

He has now been refused bail twice in closed courts which his family were not permitted to attend.  His sister Gina Topley, who says the family are being kept in the dark about the legal process, has said:

“My brother has not been given any opportunity to speak and give his side of the story to a judge and he was not offered an appropriate adult to accompany him when he was arrested.”

His family have not been allowed to visit him in prison and have raised concerns that his medication may not be being administered properly.  Mr Topley will face another appearance in a closed court tomorrow (Friday 26th April) and there are major fears that he will be remanded once again pending psychiatric reports.

His family and supporters have called a demonstration outside the court tomorrow calling for his immediate release.

Meet outside Nottingham Crown Court on Friday 26th April from 9.30-11.00am – please help spread the word.  For more details and the  latest news visit:http://freestevetopley.wordpress.com/

reposeted from Johnnyvoidwordpress –  twitter @johnnyvoid

 Posted by at 16:35
Apr 212013
 

this is taken from kittyjoneswordpress.com and we hope it will be useful for people to know about.

Courageous Scottish nurse Joyce Drummond, who made a heartfelt apology to Atos assessment victims, has submitted evidence to the Scottish Parliament Select Committee on Welfare Reform.
I have a correspondence with Joyce, who was the subject of this article: www.dailyrecord.co.uk/news/scottish-news/nurse-makes-heartfelt-apology-after-1340838

Joyce has submitted evidence to the Scottish Parliament Select Committee on Welfare reform, which she forwarded to me this morning. I have edited where needed, and added to the text to make it easier to read. I’ve included the contents from Joyce’s notes in full.

I knew nothing about Atos when I joined, and left as soon as I realised that there was no way to fight from the inside.
I carried out Incapacity Benefit assessments, these were the forerunner to ESA assessments. I stated at my interview for the job that I believed in social inclusion and social justice.

I went for 4 weeks training in England. The training did not prepare me for what I was expected to do in real life.

The forms that are completed prior to assessment, I have recently found out, are opened by Royal Mail Staff. They are then sent for “scrutiny” where nurses decide whether or not a face to face assessment is required. I was not involved in this and do not know what criteria are used.

It is made clear throughout training and working that we are not nurses- we are disability analysts. Also, we do not carry out ‘medical assessments’ – we carry out ‘functional assessments’. We did not even need a diagnosis to carry out assessments. I had reservations around consent, as we were expected to assess patients – sorry, we didn’t have patients, we had ‘claimants’- who appeared to be under the influence of alcohol or other substances.

We were also consistently told that we did not make benefit decisions. The final decision was made by a DWP decision maker with no medical qualification. If our assessment was overturned at appeal we never knew about it. There was no accountability for assessments overruled.
Assessment starts on the day of your appointment with the HCP reading the form you complete when you applied for benefit. Remember that every single question you are asked is designed to justify ending your claim for ESA and passing you as “fit for work”. That is what Atos are contracted to do by the Government. This is not a genuine assessment, but rather, an opportunity for the DWP to take away your financial support, which you are entitled to.Things that are noted are :-

Did you complete the form yourself
Is the handwriting legible
Are the contents coherent.

These observations are already used in assessing your hand function, your cognitive state and concentration. Next under observation:-
Do the things you have written add up.
Does your medication support your diagnosis.
What tests you have had to confirm diagnosis. For example a diagnosis of sciatica is not accepted unless diagnosed by MRI scan.
Do you have supporting medical evidence from GP or consultants. If you do, it shows that you are able to organise getting this information.

This is also a hidden cost to the NHS. I believe that if ATOS request information there is a charge levied by GP’s. However claimants are expected to source medical evidence themselves. It uses valuable NHS time for medical staff to write supporting statements.
There were no hidden cameras, at least in Glasgow, to watch people arriving for assessment or sitting in waiting room. This may not be true in other areas.

When the HCP has read your form they input some data into the computer system. The assessment properly begins when they call your name in the waiting room. At this point they assess:-
Did you hear your name being called
Did you rise from your chair unaided, did the chair have arms or not
Were you accompanied – this addresses you’re ability to go out alone.
Were you reading a paper while waiting- looks at your concentration.
Did you walk to the assessment room unaided, did you use aids correctly. Did you navigate any obstacles safely- assessing sight.
The HCP will shake your hand when inroducing herself- are you trembling, sweating- signs of anxiety. Again note the constant scrutiny. The HCP will often ask on way to waiting room:-

How long you’ve been waiting- assessing ability to sit- both physically, and looking at your mental state.
How did you get here today- ability to drive, use public transport.
Assessment begins by listing medical conditions/complaints. For each complaint you will be asked:-

How long have you had it, have you seen a specialist
Have you had any tests, what treatments have you had
What’s your current treatment. Have you had any other specialist input eg. physiotherapy, CPN.

The HCP will use lack of specialist input/ hospital admissions to justify assessing your condition as less severe. Medications will be listed and it will be noted if they prescribed or bought. Dates will be checked on boxes to assess compliance with dosage and treatment regime. Any allergies or side-effects should be noted.
A brief note is made of how you feel each condition affects your life
A brief social history will be taken – who you live with, if have you stairs in your house or outside to your house.
Employment history taken – asking when you last worked, what you worked as, reason for leaving employment.
Typical Day – this is the part of the assessment where how you function on a day to day basis is used to justify the HCP decisions. Anything you say here is where you are most likely to fail your assessment. Along side this, the HCP records their observations.
Starting with your sleep pattern, questions are asked around your ability to function.

Lower limb problems- ability to mobilise to shops, around the house, drive, use public transport, dress, shower.
Upper limb- ability to wash, dress, cook, shop, complete ESA form
Vision- did you manage to navigate safely to assessment room.
Hearing- did you hear your name being called in waiting room.
Speech- could the HCP understand you at assessment.
Continence- do you describe incontinence NOT CONTROLLED by pads, medication. Do you mention it’s effects on your life when describing your typical day.
Consciousness- Do you suffer seizures- with loss of continence, possible injury, witnessed, or uncontrolled diabetes.
HCP observations include- how far did you walk to examination room, did you remove your coat independently, did you handle medications without difficulty, did you bend to pick up handbag.
Formal examination consists of simple movements to assess limited function.Things HCP also looks out for:-

Are you well presented, hair done, make-up, eyebrows waxed.
Do you have any pets – this can be linked with ability to bend to feed and walk.
Do you look after someone else – parent or carer- if you do this will be taken as evidence of functioning
Any training, voluntary work, socialising will be used as evidence of functioning.

This is not a comprehensive list, but gives you an idea of how seemingly innocent questions are used to justify HCP decisions.
Mental Health
Learning tasks- Can you use phone, computer, washing machine.
Hazards- Can you safely make tea, if claiming accidents- must have had emergency services eg fire service. Near miss accidents do not count.

Personal Actions
Can you wash, dress, gather evidence for assessment
Manage bills.

Observations made by HCP – appearance and presentation
Coping with assessment interview, abnormal thoughts, hallucinations, confusion.
Coping with change – ability to attend assessment, attend GP or hospital appointments, shopping and socialising.

More HCP observations:-
Appearance, eye contact, rapport, any signs/symptoms that are abnormal mood/thoughts/perceptions. Suicidal thoughts.
Coping with social engagement/appropriateness of behaviour – any inappropriate behaviour must have involved police
Ability to attend assessment, engage with assessor, behave appropriately.
Again this is not an exhaustive list, merely examples.
There are some “special cases”. Off the top of my head, exemptions from assessment include – terminal illness, intravenous chemotherapy treatment and danger to self or others if found fit to work (Regulation 29.)

At present to qualify for ESA you need to score 15 points. This can be a combination of scores from physical and mental health descriptors.
To qualify for the support group you must score 15 points in one section.
As long as you are claiming income – based ESA then your award can be renewed at each assessment, if you gain 15 points.

Contribution ESA lasts for 1 year only, unless you are in the support group. After 1 year in the support group, you may only get income based ESA if your household income is below a certain threshold. It makes no difference how long you have previously paid National Insurance.

For clarity, as far as I know in the real world, doctors carry out medical assessments, nurses carry out nursing assessments and physios carry out physiotherapy assessments. In the world of Atos, each of these separate professions are employed as disability analysts, carrying out functional assessments.
Nurses are employable for these posts if they have been qualified for at least 3 years, are registered to practice with the NMC, and have basic computer skills.
My interview consisted of-
Face to face interview with medical director and nurse team leader.
A written paper assessing a scenario, in my case someone with back pain
A 10 minute basic computer test.
In order to be approved as disability analyst I had to complete 4 weeks Atos disability training, reach a certain standard of assessment reports- as decided by audit of all cases seen (don’t know what criteria was) and finally approval to carry out WCA assessments from the Secretary for Work and Pensions.
In my opinion the money given to Atos and spent on tribunals should be given to NHS GPs. They are best placed to make assessments regarding patients work capability. They have access to all medical reports, past history, specialist input and know their patients. My concern would be what criteria the DWP would impose on GPs risking the doctor/patient relationship. GPs already assess patients for “fit notes”, which have to be submitted to DWP during assessment phase of ESA.

While I worked at Atos, sessional medical staff were being paid £40 per assessment, as far as I am aware. I have no idea of wages of permanent medical staff. Nurses were on a salary, which based on 10 assessments a day (Atos target) equalled around £10 per assessment. These are approximate figures but may give a clue as to why Atos are employing nurses rather than doctors.

Further information:-

Special exemptions from the 15 points criteria: Regulations 29 and 35.

Questions you may be asked at assessment: dwpexamination forum

How to deal with Benefits medical examinations: A Useful Guide to Benefit Claimants when up against ATOS Doctors

More support and helpful advice here: How to deal with Benefits medical examinations

Previous related article: After Atos

List of conditions judged suitable for assessment by neuro trained nurses/any health care profession: -
Prolapsed intervertebral disc
Lumbar nerve root compression
Sciatica
Slipped disc
Lumbar spondylosis
Lumbar spondylolisthesis
Lumbar spondylolysis
Cauda equina syndrome
Spinal stenosis
Peripheral neuropathy
Neuropathy
Drop foot
Meralgia paraesthetica
Cervical spondylosis
Cervical nerve root compression
Cervicalgia
Nerve entrapment syndrome
Carpal tunnel syndrome
Trapped nerve
Paraesthesia
Tingling
Numbness
Brachial plexus injury
Polyneuropathy
Dizziness
Vertigo
Essential Tremor
VWF
Alzheimer’s

List of conditions judged by the DWP and Atos Healthcare as suitable only for assessment by doctors:-
Stroke
Head injury with neuro sequelae
Brain haemorrhage
Sub Arachnoid Haemorrhage
Brain tumour
Acoustic Neuroma
Multiple Sclerosis
Motor Neurone Disease
Parkinson’s disease
TIAs
Bulbar Palsy
Myasthenia Gravis
Muscular Dystrophy
Guillain-Barre Syndrome
Amyotrophic lateral sclerosis
Syringomyelia
Neurofibromatosis
Spina bifida
Polio
Fits (secondary to brain tumour)
Learning difficulties (with physical problems)
Nystagmus
Myelitis
Bells Palsy
Trigeminal Neuralgia
Paraplegia
Quadriplegia
Huntington’s Chorea
Huntington’s Disease

 

 Posted by at 17:24
Apr 202013
 

This week it’s been reported that a coroner has found that a 51 year old man has taken his own life after worrying about how he would survive after his benefits were stopped. Meanwhile, Betty Stevenson, chair of Edinburgh Tenants Federation, has said the bedroom tax would have a “terrible effect” on people with mental illness, which could lead to a spike in suicides.

I’m researching this and wider ideas of the impact of cuts on people with mental health problems for my New Statesman column.

Have the cuts had a serious effect on your mental health? This can be either if you had existing mental health problems (and they have worsened, for instance) or if they have since developed.

This is clearly a very sensitive topic but one, with your help, I hope to highlight. (If needed, stories can be given anonymously with no names being published.)

Please get in touch on frances.ryan18@btinternet.com (rather than leaving a message here as I would not want to miss anything). Many thanks, Frances Ryan.

 

 Posted by at 17:03
Apr 132013
 

Disabled activists are occupying the front garden of IDS millionaire’s mansion in Buckinghamshire.

An eviction notice has been pinned to his door.

Speakers are listing the Tory assaults on disabled people and the poor.

Pictures to follow shortly

Link to live coverage on UKUNCUT on twitter

http://bambuser.com/v/3510254

 

 Posted by at 12:30
Apr 072013
 

The campaign against the Bedroom Tax and other benefit cut is gathering strength and anger after 1 April.  50+ protests round the country on 30 March drew up to 26,000 people see Mirror report  and  BBC report 

As Ministers stoop to new depths in trying to stigmatise people claiming benefits, Benefit Justice is helping to build united protests and campaigns locally and nationally, linking disabled peoples organisations, tenants, trade union, Workfare and other groups and campaigners.

Action dates:

13 April UKUncut action against the Bedroom Tax – see ukuncut.org.uk  or www.facebook.com/ukuncut 

Haringay (North London)  1,000 Mothers march

15 April – details below

20 April Further Bedroom Tax protests are planned including: Cardiff, Corby, Edinburgh, Glasgow, Leeds, London, Kidderminster, Manchester, Plymouth, Redcar (more are likely so please check locally)

11 May Benefit Justice Summit2 at Central Hall Westminster

With Welsh Tenants Federation, Billy Hayes (CWU), John McDonnell MP, DCH, DPAC, Unite and PCS unions and Bedroom Tax/Benefit campaigns from across England, Scotland and Wales.  Sign up now: benefitjustice.wordpress.com and see leaflet here

See report of Benefit Justice summit 9 March at benefitjustice.wordpress.com

Watch opening opening session and some workshops

Please get in touch if you want more info or to pass on news and suggestions

Also

Cap rents not benefits – Scrap the Benefit Cap protest – Mon 15 Apr, 8am-10am, Stratford
The benefit cap is due to start on 15th April in Haringey, Enfield, Bromley and Croydon, before being rolled out nationwide in the summer. These four trial boroughs were apparently chosen because one office processes all their benefit claims.
On the day of its introduction, we are asking opponents of the benefit cap from all over London to join us in an early morning protest at this faceless DWP hideaway in Stratford.
Cap Rents not Benefits – Scrap the Benefit Cap
Monday 15th April, 8am-10am.
Stratford Benefit Delivery Centre, Department for Work & Pensions, Jubilee House, Farthingale Walk, Stratford, E15 1AW.  Just next to the HMRC enquiry centre, a minute’s walk from Stratford station. Overground/tube: Stratford
The overall benefit cap is part of the government’s welfare reforms, along with the bedroom tax, changes to council tax benefit and Universal Credit.  In Haringey alone, over 1,000 families are affected by the cap, facing cuts to their housing benefit and eventually eviction.
So we’ll be talking to the workers implementing the cap, the ones compiling names to send to local authorities, telling them whose housing benefit to cut. But we’ll also be speaking to some of the thousands of people who filter past this office in the morning rush hour and have no idea what happens inside.
At £500 a week for couples or people with children, the cap is meant to reflect the earnings of the average family.  But it fails to include extra income from child benefit or housing benefit that a family renting in London would also get.
And it’s a lie that this cap is about saving money.  In its calculations, the DWP has not taken account of the extra costs to local authorities in dealing with the homelessness created. Landlords all over London have already been evicting tenants on housing benefit in anticipation of the cap.
We mustn’t fall for the rhetoric used by the government to describe claimants, which only distracts us from identifying the real scroungers: the fat cat bosses who pay themselves vastly inflated wages out of the profit they squeeze from our hard work; the rip-off landlords who raise rents every year, despite rock bottom mortgage costs; or the tax exiles who buy up mansions in our city and leave them empty most of the year, while families down the road are forced to “downsize” or leave London.
If the cap isn’t scrapped or landlords don’t lower their rents significantly, it could mean thousands of families being forced to move out of London, breaking up communities and support networks.
If you can’t make the protest, but think you will be affected by the cap, get in touch for advice and support, and to meet other people in a similar situation. Whatever your situation, if you want to stop the cap, get in touch and get organised!
Haringey Solidarity Group - benefitcap@haringey.org.uk - www.haringey.org.uk - 0845 223 5270
Haringey Housing Action Group - housingaction@haringey.org.uk - www.haringeyhousingaction.org.uk - 07817 483 167

 Posted by at 14:30
Apr 012013
 
My name’s Frances Ryan and I’m journalist covering cuts to disability support. I’ve recently worked with DPAC for stories/interviews about DLA and ESA, and the bedroom tax.To fit in with new research on the cumulative impact of April’s cuts, I’m currently looking for disabled people who are set to lose multiple benefits – and would be happy to share their story (anonymously if needed) for a possible article. Will you be hit by the six major cuts? They could be:

Contributory Employment Support Allowance

If you’re currently on low rate Disability Living Allowance – or perhaps are on a higher rate but have reason to believe you will not be elibible under PIP

Bedroom tax

Council tax benefit reduction/loss

Any other benefit cut/loss coming in this April.

If you are going to be affected by simultaneous cuts and are happy to speak to me please email frances.ryan18@btinternet.com (rather than leaving a message here as I wouldn’t want to miss your message). Thank you very much.

 Posted by at 11:57
Mar 252013
 

On Saturday 13th April, UK Uncut will be using civil disobedience in London against a massive wave of cuts that will hit millions of people across the country.

In April, the bedroom tax, the benefits cap, a new test for disability allowance and cuts to council tax benefit all kick in with devastating effects for people, including more hunger and homelessness.

We will resist these brutal and unnecessary cuts by bringing them home to the ‘architects of austerity’.

Last year we partied outside Nick Clegg’s house. This year another well-known millionaire misery maker, to be revealed on the 13th April, can expect a visit they’d rather not have…

We want to make this a family-friendly and accessible action. There’ll be plenty of activities on the day to keep people entertained and engaged, including bedtime stories for the kids!

***Meet at 11.30pm, Kings Cross station, main concourse, Saturday 13th April***

Look out for the UK Uncut Removals Team at King’s Cross, and bring a topped up Oyster card or travelcard.

We’ll provide travel fares for those who need them.

More details, including accessibility information, will follow soon.

UK Uncut actions are creative and fun. If anyone is nervous or has any questions, please get in touch by emailing ukuncut@gmail.com

Please circulate this among your networks, and see you on the 13th!– 

UK Uncut
Twitter @ukuncut twitter.com/ukuncut

 

 Posted by at 17:46
Mar 212013
 

Campaign from Action for Rail

The 27 March marks the 50th anniversary of the Beeching Report which led to the closure of almost half the rail lines in this country. It was a black day for the railways. We are now facing another major new threat to our railways.
The government, Network Rail and the train operating companies are looking to shed thousands of rail staff that help you with your journey and make your railway safe.
Implementing the recommendations in the McNulty Review, they want to:
* close over half the staffed ticket offices in the country
* remove all non-driver staff from trains
* reduce platform, station and signalling staff
* make big cuts to the number of workers who maintain and upgrade the tracks
We want to put a stop to these plans. We know that the extravagant costs of our fragmented and dysfunctional privatised rail industry need to be cut. But cutting staff that provide a service to passengers is not the way. Surveys show the same thing time and again: passengers want to see staff on their railways. They want help with their journey, with getting the best value ticket, with boarding trains and to feel safe and secure at stations and on trains, particularly at night.
So we’re asking you to email your MP and join us on our day of action on the 27th March, the anniversary of Beeching, to let the government and train operators know that passengers want staff on their trains, at their stations, in their ticket offices and on their tracks.
Ask your MP to tell the government that us passengers want staff on our railways
Find out where we will be out leafleting at stations in your area of the country on Wednesday 27th March

 

 Posted by at 17:54
Mar 172013
 

If you’re an ILF user and not already part of the ILF campaign group please email us your contact details at mail@dpac.uk.net

 Video from outside courts March 13th thanks to Shaun
 Reel News http://reelnews.co.uk

Dear All,

Firstly – well done us ! Great turn out on Wednesday and despite a new Pope
(!) we got some media coverage which I think we can definitely build on.

Key points from court case:

Regardless of whether we win or not (ruling likely end of April and I think
we have a very good chance) some potentially explosive stuff came out from
internal dwp documents that are now in the public domain namely:

· The dwp think its unlikely that there will be any funding for ilf
users after 2016. It looks like they are thinking of a year’s – non ring
fenced – additional transition money for LA for 2015-16 (to sugar the pill
as the judge put it) but then nothing.
· There is an internal paper that says we have to keep up the narrative that this is about reform not
cuts !
· The dwp estimate the cost of closure and transition to be £39
million!!
· The dwp barrister took an absolutely disgraceful line of defence
trying to say that the closure was not based on money but on desire for
equity between non ilf users and ilf users – ie ILF users have more so we
need to take that away so they are in the same situation as non ilf users.

Implications for our campaigning:

As I said regardless of the judges decision we need to use the dwp
documentation in our campaign from now on – its explosive evidence that
completely supports our position that this is a) about a cut and b) ilf
users will have their support cut with all the devastating consequences we
have been saying. These documents also reveal just how cynical the dwp have
been ie by admitting they need to pretend its about reform and not cuts.

The dwp ammo we will now have should help us really pile on the pressure
with Cllrs and MPs – both in substance of what’s been revealed ie likely no
funding post 2016 but also how the dwp have gone about this. Given this is a
cut targeted at 20,000 disabled people with highest support needs I think
this could be potentially extremely politically embarrassing – if we play it
right.

I think we also have a real chance to re-start lobbying and campaigning with
Local Authorities: its clear now that the govt intention is to devolve
responsibility to LA’s but not any funding to meet these responsibilities .
Now this is in the open I think we could have a real chance of getting some
LA’s on our side – particularly Lab ones.

Finally, some ILF users have done a great job in getting SCOPE to finally come out in support. We need to continue to put pressure on them because another DWP internal paper mentioned in court said (to paraphrase) we got away with the closure to new applicants in 2010 and the major disability charities are not interested in defending ilf . This should shame them into coming out in support.

Despite how shocking the info revealed in court has been we need to take
heart that we are right: right to campaign to save the ilf and right that
this is about cuts and nothing else.

So we need to start planning our campaign with this new info so we are ready
for decision at end of April.

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