http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10016082
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOth...
http://www.disabilityalliance.org/ib.htm
http://www.adviceguide.org.uk/index/life/benefits/benefits_for_people_wh...
http://www.communitycare.co.uk/Articles/2008/05/29/37446/incapacity-bene...
PDF version Plans to order drug users who are on benefits into treatment have been dropped after overwhelming opposition from medical and legal experts.
The government's welfare reform bill would have given Jobcentre staff powers to "order" benefit claimants to undergo tests for drug addiction. But treatment agencies and charities, alarmed at the proposal, warned that it could deter addicts from confronting their problems.
Under a redrafted bill due to become law this month, benefit claimants will be asked to undergo an assessment but will not have to accept any proposed treatment.
Baroness Meacher, the crossbench peer who spearheaded opposition to the proposals, told the Observer: "The government's original intention to force drug users in the welfare system into mandatory treatment was flawed and unethical."
The plan was championed by the former work and pensions secretary James Purnell, but it is understood to have fallen out of favour under his successor, Yvette Cooper. This is embarrassing for the government, which made it a central plank of its efforts to tackle "benefits Britain". It is estimated that 100,000 heroin and crack cocaine addicts claim benefits but are not in treatment.
"These proposals should never have made it to the very latter stages of the bill process, and we are delighted that some of the worst of them have been dropped," said Claudia Rubin, head of policy at the campaign group Release.
http://www.guardian.co.uk/politics/2009/nov/15/drugspolicy-drugs
Existing incapacity benefit claimants look set to be assessed on their fitness to work using a test widely criticised as flawed, it has emerged.
Though the work capability assessment (WCA) will be subject to review annually, the timescale for the first of these has not yet been set, making it likely that existing IB claimants will be subject to the current version of WCA when reassessments begin in October.
Earlier this year a DWP report found that many Jobcentre Plus staff felt disabled people were incorrectly being certified fit to work under the current version of WCA.
And yesterday a report by Citizens Advice Scotland found 70% of appeals against assessment decisions were successful.
Those deemed fit to work will be placed on to jobseeker's allowance. This means they receive £25 less a week and are given less support in finding work than those put on to employment and support allowance, which replaced incapacity benefit for new claimants in October 2008. The government also intends to introduce tougher sanctions for jobseeker's allowance claimants who refuse work.
Neil Coyle, director of policy at the Disability Alliance, said: "Without a review [of WCA] soon it's clear the only option is to use the existing work capability assessment with all its flaws and this will strike fear into the hearts of disabled people."
Mind's chief executive, Paul Farmer, said the assessment was "not up to the job of measuring whether people with mental health problems are fit for work".
He joined Coyle in calling for an immediate review of the assessment before it is rolled out to existing incapacity benefit claimants, "so that people are not forced to look for work they can't do".
In a speech today outlining the government's plans for welfare reform, work and pensions secretary Iain Duncan Smith said: "We will re-assess all current claimants of incapacity benefit on their readiness to work. If people genuinely cannot work, then we will make sure they get the unconditional support they need. However, those assessed as immediately capable of work will be moved on to jobseeker's allowance straight away."
Before the election the Conservatives announced plans to save £600m from moving people off incapacity benefit onto jobseeker's allowance, with the money invested in improving employment support.
A bill on welfare reform, announced earlier this week in the Queen's speech, is expected to be introduced into Parliament soon.
Related articles
Queen's Speech: Benefits claimants who refuse work targeted
Welfare: Coalition to pursue controversial plans
More claimants 'fit to work' under new sickness benefit regime
What will the Conservatives do for social care if they win the general election?
http://www.communitycare.co.uk/Articles/2010/05/27/114601/incapacity-ben...
Once upon a time, long long ago, welfare was paid to the poor. And only to the poor.
But these days, welfare is available to pretty well everybody. Even rich bankers on Canary Wharf can get welfare. It doesn't matter how rich you are, there'll usually be some way of getting your snout into the welfare trough. From Child Benefit, to free bus passes, to the winter fuel allowance, the opportunities are there. If you want some, you can get some.
We've been reminded of this by reaction to last week's TPA report on welfare reform. It's been pointed out that our proposal to redefine the poverty line - lowering it from 60% of median income to 50% - would remove welfare support from families who, while not poor, would lose a substantial chunk of their current welfare income.
Now as it happens, the Office for National Statistics has recently published its latest annual report on the effect of taxes and benefits on household incomes. It covers 2008-09 and it shows us just how much welfare is received by households at different income levels.
Let's leave pensioner households out of it (as we did in the TPA report), and focus on non-retired households. The ONS figures show that households on around median incomes (gross incomes of £32-35k pa) on average get well over £3,000 pa in cash benefits. A 10% top-up to their own not insubstantial incomes from welfare benefits.
And here's how it looks across the entire income distribution (non-retired households only - excluding pensioner households):
So as we can see, under our current welfare system, even the richest 10% of households, with average gross incomes in excess of £100,000 pa, still get welfare - in their case averaging £1300 pa.
On what possible basis can this make sense?
The alarming and unpalatable truth is that after 60 years of the welfare state, pretty well all of us have ended up on welfare.
Paying income support to those who are already around median income or above means paying them with one hand and taxing it back with the other. Which is not only administratively expensive and wasteful (we have previously estimated the direct administrative cost of this so-called fiscal churn at at £5-6bn pa), but it is also certain to distort the way people choose to work, and to spend their own earnings. And as always, higher taxes mean lower economic growth.
This is no way to run a 21st century economy, already burdened with a massive fiscal crisis, and facing a huge competitive challenge from the emerging economies.
In the famous words of our most famous playboy prince during a previous economic crisis, something must be done.
http://www.taxpayersalliance.com/waste/2010/07/how-we-all-ended-up-on-we...
Government given dressing-down over ‘fitness to work’ figures
The government has been told by the UK’s official statistics watchdog to improve the way it publishes information about its controversial “fitness to work” assessments.
The Department for Work and Pensions (DWP) has come under sustained attack from campaigners and some MPs for fuelling disablist coverage of its incapacity benefit reforms in the media.
Last month, disabled activists criticised newspapers and the government over the “appalling” coverage of new statistics on claimants of out-of-work disability benefits.
Even though the figures showed the proportion of claimants found fit for work – and so ineligible for the new employment and support allowance (ESA) – was falling sharply, the Daily Express headlined its report with the words: “Sick benefits: 75 per cent are faking.”
The Daily Mail headlined its story: “Time’s up for the shirking classes: Just one in 14 incapacity claimants is unfit to work under new, tougher tests.”
The figures actually showed that, by February this year, nearly half of those who completed a work capability assessment (WCA) – which tests eligibility for ESA – were found to be entitled to claim the benefit.
Critics believe the government’s presentation of these and earlier figures has encouraged some tabloids to run stories that accuse disabled people of being “scroungers” and “shirkers”.
Now, in a letter to Dame Anne Begg, the disabled Labour MP and chair of the Commons work and pensions committee, which has questioned the way the government is presenting the figures, the head of the UK Statistics Authority (UKSA) has backed its concerns.
Sir Michael Scholar, the UKSA’s chair, said the regulator had reviewed a DWP statistical release on WCA figures and concluded that it “could be improved in a number of respects” and was “not as clear as it could be”.
He makes it clear in his letter that the release could easily lead non-experts to believe that the number of people found eligible for ESA was lower than it actually was.
This is because the DWP failed to make it clear that those placed in the “work-related activity group” have been found eligible for ESA, while it also failed to point out that 40 per cent of those who appeal against their ESA claim being rejected are successful.
A copy of Sir Michael’s letter has been sent to employment minister Chris Grayling.
A DWP spokesman said: “We received the letter from the chair of the UK Statistics Authority and are working with them to make sure that... the stats are presented as clearly as possible in the future.”
Last month, Dame Anne wrote to Grayling to call on the government to take “more care” in the language it used and how it presented its WCA statistics.
She also asked him to pressure newspaper editors to ensure their reports were “factually correct” and that they avoided terms such as “shirkers” and “scroungers”.
Government could face new high court challenge over cuts
The government could face another high court challenge as a result of its spending cuts, this time over new rules that will make it harder for poorer disabled people to gain further education (FE) qualifications.
The rules, introduced by the Skills Funding Agency (SFA), mean that the range of free courses available to many disabled people on means-tested benefits for the new academic year has been restricted to courses up to level two (the equivalent of an A-C grade at GCSE).
Other free courses will mainly be restricted to those under the age of 24, or claiming jobseeker’s allowance, or those in the “work-related activity group” of employment and support allowance (ESA) – the replacement for incapacity benefit.
Even disabled people with the highest barriers to employment and education, those placed in the ESA “support group”, will face new restrictions, even though such a course might be the first step in helping them move towards a future job.
From next year, the restrictions will be even tighter, with only FE courses up to level one (the equivalent of GCSE grades D-G) available free to many disabled people on means-tested benefits such as income support.
X, the disabled person considering a legal challenge, wants to start a level three course in design this September, but will not be able to afford the fees of more than £1,000.
X’s lawyers believe the new rules are discriminatory and that the SFA failed in its public sector equality duty – under the Equality Act – to pay due regard to the impact of the changes on disabled people and the need to promote disability equality.
The case could be the latest in a series of high-profile judicial reviews of decisions by public bodies to slash services and spending in the wake of the government’s deficit reduction plan.
The SFA, which is part of the Department for Business, Innovation and Skills (BIS), has agreed to loosen the rules slightly, so that anyone on means-tested benefits who wants to take a course in order to help them find a job can have all their fees paid.
But this will only apply for this academic year and fees will only be covered at the individual college’s discretion.
Louise Whitfield, X’s solicitor, a judicial review expert from law firm Pierce Glynn, said the rule change would have a “massive impact” on disabled people, as so many of them are on low incomes and are not in a position to seek work.
She said: “It is clear from their letter that the SFA have not considered the impact on disabled people of these changes to the rules about fees. This is unlawful.”
A BIS spokesman said the government was investing £3.9 billion in post-19 further education this year, but it was “necessary and right for some costs to be shared between government, employers and learners”.
He said: “Our investment will help support relevant skills training for people in receipt of benefits, such as jobseeker’s allowance, that require them to seek or prepare for work.
“To help them meet local skills needs, FE colleges and training organisations will have local discretion to provide fully subsidised courses for people on a wider range of benefits, where the training is designed to help them enter employment.”
Whitfield is now appealing urgently for other disabled people who could lose out under the new rules either this year or next year to come forward and help with the court case, particularly those interested in joining the legal challenge.
She said: “I am desperate to find new people because it is such a big issue and it will have a big impact once people start to enrol for courses this year, and the changes for next year are even worse.”
She warned that many disabled people could be unaware that the rules have changed.
Any disabled person, or disabled people’s organisation, who thinks they or their members might be affected, should call Louise Whitfield as soon as possible on 020 7407 0007 or email lwhitfield@pierceglynn.co.uk. Legal advice will be free to those on means-tested benefits.
Employment and Support Allowance
Employment and Support Allowance (ESA) was introduced on 27 October 2008.
It replaces Incapacity Benefit and Income Support, paid because of an illness or disability, for new claimants only. If you already receive Incapacity Benefit, you will continue to receive it. It is intended that recipients move to the new benefit between 2009 and 2013.
Further information about these future changes will become available later in 2009.
Eligibility for Incapacity Benefit
You may be able to claim Incapacity Benefit if you were under State Pension age when you became sick and any of the following apply to you:
You must also have been:
or you must:
If you have been living or working abroad
Living or working abroad can affect your Incapacity Benefit claim. But you may be able to claim if you have either:
If you haven't paid enough National Insurance contributions
You may be able to claim Incapacity Benefit even if you haven't paid enough National Insurance contributions if:
If you are in the Armed Forces or you live and work within the European Economic Area (EEA), you may still be treated as being resident in the UK.
How it works
Incapacity Benefit is paid at three weekly rates:
Rates
Current weekly amounts
You may be able to get an 'age addition' with your long-term Incapacity Benefit if you were under 45 when you became too ill or disabled to work.
You may be able to get extra benefit for your spouse or civil partner or the person who looks after your children.
Pension income rules
If you who make a new non-linking claim to Incapacity Benefit and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Incapacity Benefit payable is reduced by half of that, which is £7.50.
Exceptions
This rule does not apply if:
How it is paid
Incapacity Benefit is paid into your bank, building society, Post Office or National Savings account.
If you are registered blind or need someone who cares for you to collect your money, your payment can be sent by cheque to be cashed at the Post Office.
Personal Capability Assessment and medical examination
When you make a claim for Incapacity Benefit, you will usually have a Personal Capability Assessment. As part of this, a doctor may recommend that you attend a medical examination.
Working while claiming Incapacity Benefit
If you receive Incapacity Benefit, you may be able to do some types of work. This is called Permitted Work. If you earn money while you get Incapacity Benefit, this could affect income-related benefits you receive.
How to claim
You can claim Incapacity Benefit by telephone or textphone. An adviser at the contact centre will go though the application with you and fill in the form. You will not have to fill in any forms yourself.
The contact centre is open Monday to Friday from 8.00 am to 6.00 pm.
Telephone: 0800 055 6688
Textphone: 0800 023 4888
You can also claim online via the Department for Work and Pensions' Benefits online service.
If you would like to fill in the claim form by yourself, you can download it. You will have to print this form and post it to Jobcentre Plus.
What to do if your circumstances change
It is important that you contact your Jobcentre if your circumstances change. For example if:
For more information please contact your local Jobcentre Plus office.
How to appeal
If you are refused Incapacity Benefit or if you have questions about your payment, you can ask the office that dealt with your claim to look again at their decision.
If you are still unhappy with the outcome, you can appeal.
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