Jul 082014
 

Twice over the past quarter it has been publicly announced by 2 different ministers that the huge reduction in the appeal intake was due to more accurate ESA decisions, first by Mike Penning, the Minister for Disabled People on the Daily Politics Show on April the 13th and then by Steve Webb, the Minister of State for Pensions, during the debate about DWP chaos. It is essential to put the record straight as DWP continues taking credit for what it describes as an improvement of the WCA process, leading to more disabled people being entitled to ESA. Far from being improved, the WCA process has become unmanageable and is described by Judge Martin, the recently retired President of the Social Entitlement Chamber, dealing with benefits tribunals, as being in a state of virtual collapse. This state of virtual collapse has led to the publishing of astonishing figures.

First there has been an 89% reduction in the number of appeals compared with the same period in 2013 . Then the number of new claimants being found fit for work: 27%. Last year, for the same period, the percentage of new claimants found fit for work was 48%, almost double.
But perhaps the most astonishing figure is the percentage of new claimants assigned to the Support Group: 57%. This is unprecedented, and difficult to explain in the absence of further data from the DWP.
But a publication by Judge Martin, which he ironically called Dark Matters, throws some light on these figures, especially Dark Matters 1. (and see also Dark Matters 2 )

Chronologically:
In July 2013, DWP started to express concerns about the quality of Atos written reports. All Atos healthcare professionals were to be retrained and re-evaluated.
The consequences seem to have been a reduction by half in the number of assessments completed by Atos, from 200,000 per month to 100,000.
HMCTS (Tribunals) was informed that the effect was likely to be a reduction of 9,500 appeals per month from September to December 2013.
In January 2014, DWP stopped making ‘repeat referrals’ to Atos. From what Judge Martin is saying, there is anecdotal evidence that an increasing proportion of ESA claimants, both on new claims and IB-ESA reassessments, were simply being assigned to the Support Group without a face to face assessment.
Judge Martin’s conclusions that the ‘virtual collapse of the WCA process is the biggest single factor in the decline of the appeals intake’ is therefore supported by the evidence:

  • A reduction by half in the number of assessments
  • More claimants assigned to the Support Group without a face to face assessment.
  • Repeat assessments being paused

These 3 factors combined would have drastically reduced the number of assessments and therefore the number of likely appeals, especially with more claimants assigned to the Support Group who would not have a decision to appeal against. Additionally the introduction of Mandatory Reconsiderations will have had an impact, but compared with the other factors, it appears to be marginal, although at this stage the impact is unknown.

To add to the picture of the virtual collapse of the WCA, there is now a backlog of 712,000 claimants waiting to be assessed . The waiting times reported by CAB are regularly between six and eight months. Although the UK government is blaming the backlog on the previous government, the figures do not support this as shown by Nick Dilworth in his excellent blog. From the figures available, it can be calculated that the total number of cases which were subject to assessment but had not been assessed (the backlog) as of May 2010 was 28,300.
Far from being an improved system, the WCA process has descended into chaos. Although more claimants are entitled to ESA and are being assigned to the Support Group, the notion that it is an independent process which can be replicated anywhere and produce consistent results is undermined by the level of influence applied by DWP, whose intervention seems to bypass the descriptors which are enshrined in law, if more claimants are assigned to the Support Group for reasons of convenience.

Another sign of this chaos is the increase in the number of sanctions. Sanctions, which are primarily aimed at claimants on the work programme who have mental health conditions or learning difficulties, have quadrupled from 1,102 a month in December 2012 to 4,789 a month in December 2013 ,

Table: Employment Support Allowance Sanction Decisions, by Month

Employment Support Allowance Sanction Decisions, by Month

 

even though referrals to the programme have fallen from 41,360 in the second year of the work programme to 20,300 in the third year for new ESA customers.

Table: Referrals, Attachments, Job Outcome payments and Sustainment payments for the new ESA customer

Referrals, Attachments, Job Outcome payments and Sustainment payments for the new ESA customer

This massive increase cannot therefore be explained by an increase of referrals to the work programme or a sudden surge in the number of claimants in the WRAG. As seen previously, because the number of claimants assigned to the Support Group has massively increased, the number of claimants assigned to the WRAG has consequently decreased by the same proportion. The implication is, in the absence of additional data from DWP, that sanctions are being exceedingly applied to an ever decreasing number of claimants. And 9 out of 10 ESA or JSA claimants who appeal the decision have their decision overturned by a tribunal according to the ‘Fulfilling potential? ESA and the fate of the work-related activity group report released by Mind.
Interestingly enough, the National Audit Office published today (2nd of July 2014) its report on the work programme. Among its findings: Performance for harder-to-help groups is still below expectations and
about the same as previous programmes, but the Department expects further improvements.
To spell it out more clearly, the Work Programme is not performing better than previous programmes but it is driving more claimants into destitution by sanctioning them. Incompetence, complacency and total obliviousness to the consequences will be the DWP’s legacy of this government.

by Anita Bellows

This text can be viewed and downloaded as a research paper  from here

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