Showing posts with label carers. Show all posts
Showing posts with label carers. Show all posts

Wednesday, 2 October 2013

Conservative Party Conference

The annual Conservative party conference makes its presence felt by pronouncements about benefit claimants, and this year has been no exception.

We've heard from George Osbourne, Chancellor [1], Iain Duncan Smith, Secretary of State for Social Security, and David Cameron (briefly). The first two focused mainly on jobseekers (i.e. claimants on Jobseeker's Allowance and, in some cases, Universal Credit). 

Osbourne and 'Help to Work'

Osbourne's full comments on this are as follows [2]:

"But what about the long term unemployed? Let us pledge here: We will not abandon them, as previous governments did. Today I can tell you about a new approach we’re calling Help to Work. For the first time, all long term unemployed people who are capable of work will be required to do something in return for their benefits, and to help them find work. They will do useful work putting something back into their community. Making meals for the elderly, clearing up litter, working for a local charity. Others will be made to attend the job centre every working day. And for those with underlying problems, like drug addiction and illiteracy, there will be an intensive regime of support. No one will be ignored or left without help. But no one will get something for nothing. Help to work – and in return work for the dole. Because a fair welfare system is fair to those who need it and fair to those who pay for it too."
Before we go any further, I'd better contexualise the proposal amongst all the other schemes that currently exist. It's quite confusing...

At the moment, jobseekers are (normally) placed in the 'Work Programme'[3], in which contractors are required to provide a range of measures to help them find work. This programme lasts a maximum of two years. If a claimant does not comply with the requirements of the programme (for example, fails to apply for a job) they can be sanctioned, but they cannot be required to work for nothing. On the other hand claimants can be required to work for nothing as a 'Mandatory Work Activity'[4] for four week placements of up to 30 hours per week: they are 'expected to complete placements which are of benefit to the community, including helping charities or environmental projects'. Finally, in some areas there is also currently something called the 'Community Action Programme' which is in effect, a pilot for what  Osbourne is now talking about, and is also a sort of development of the Mandatory Work Activity but requires 26 week involvement. If you remember the case where a geology graduate was required to work at Poundland it might be helpful to know that she was on the Community Action Programme[5].

Having got that out of the way, we can also note that this isn't actually as new as it's being presented. In  July 2012 the Guardian reported[6] that Chris Grayling, Employment Minister, announced to extend the Community Action Programme across the country, calling it - then -  'support for the very long-term unemployed'.

Leaving aside the value judgements and self-praising included in the speech, what can be said about these proposals?

Jonathan Portes, director of the (left-leaning) National Institute of Economic and Social Research was interviewed on 30th September by Jeremy Vine for his Radio 2 show. His concern was that there was no strong evidential base that could justify the proposal (The scheme is likely to affect about 200,000 jobseekers and will cost £300 million). He noted that the DWP's own research review concluded that there was little evidence that 'workfare' schemes increased the chances of finding work. he also said that the information gained from the Community Action Programme was not supportive. Although some people did move off benefits while on the scheme, after the trial was over they were generally found to be back on benefits, and, indeed, some were now on sickness benefits. He was guardedly positive about the concept of intensive support for people with drug, alcohol, and literacy problems, but noted that any programme of this nature was certain to be expensive and that it was therefore unwise to roll it out without piloting it first. He emphasised that it would only be any use if it improved long-term prospects.

I would largely echo these comments. I also raise the following questions:
  • How will clearing up litter, for instance, improve a claimant's chances of finding work?
  • How will claimants be able to afford to attend a jobcentre every day, especially in rural areas?
  • Which low-paid workers will lose their jobs so that jobseekers can carry out their roles for nothing?
Iain Duncan Smith - Mandatory Attendance Centres

The relevant part of Duncan Smith's speech is as follows [7]

"But today I want to tell you about those who are already showing early signs of not being able to commit to their obligation to work. Prior to the Work Programme we are going to pilot a Mandatory Attendance Centre where selected individuals will receive expert support and supervision while they search and apply for jobs – that is 9 o’clock  to 5 o’clock – 35 hours a week – for up to six months, simulating the working day. These pilots will be targeted at claimants who will benefit from the intensive support - one pilot before the Work  Programme and one for after the Work Programme."

His comments have been accompanied by a DWP press release:
https://www.gov.uk/government/news/claimants-required-to-undertake-supervised-jobsearch-at-new-centres

Note that what is being proposed is a pilot, though no doubt it will be eventually rolled out across the country irrespective of whether it turns out to be helpful or not.

Note also that claimants will be required to attend 5 full days a week for up to six months: again, how will claimants afford the accompanying transport costs?

Duncan Smith was asked about the transport cost issue on Radio 4's the World at One on 01/10/2013. His response was that, firstly, claimants could seek help from the flexible support fund (the FSF)(although they couldn't guarantee that they would all be helped), and that, secondly, the Attendance Centres would be close to where claimants lived. There doesn't seem to be much information available about the FSF, including how big it is, as a Parliamentary Briefing note plaintively observes [8], but I'll be very surprised if the majority of claimants who incur travel costs get them met. And we don't have any details on how close is 'close'.

Actually I have some sympathy with the concept here. It is based on the understanding that jobseekers are not all the same. Some have no experience of the world of work: of coming in at the same time, day after day, of being subject to authority, of not being able to call your time your own. And without this experience, forcing them to take jobs is likely to be futile. And I accept that there are difficult questions about failure to engage, and about whether and how compulsion is appropriate. But in order for this kind of scheme to work, and not simply to be a way to remove people from benefit, the balance between support and compulsion would have to be vastly different from what it is almost certain to be.

David Cameron - young people

These comments[9] were brief, in a long speech, and are not linked to any proposals: but they suggest some worrying (though not totally surprising) changes are on the horizon. 


"There are still over a million young people not in education, employment, or training. Today it is still possible to leave school, sign on, find a flat, start claiming housing benefit and opt for a life on benefits.
It’s time for bold action here. We should ask, as we write our next manifesto, if that option should really exist at all. Instead we should give young people a clear, positive choice: Go to school. Go to college. Do an apprenticeship. Get a job. But just choose the dole? We’ve got to offer them something better than that. And let no one paint ideas like this as callous. Think about it: with your children, would you dream of just leaving them to their own devices, not getting a job, not training, nothing?  
No – you’d nag and push and guide and do anything to get them on their way… and so must we. 
So this is what we want to see: everyone under 25 – earning or learning."


A few years ago young people and their advocates learned that Housing Benefit was to be restricted for people under 25. It looks like soon we'll be thinking of that as the good old days, as it appears that the government's intention is to remove all benefit entitlement to young people who are not in employment, education, or training.

A briefing to journalists after the speech made it clear that removal of Housing Benefit will be in the next Tory manifesto, and removal of other benefits may be in the manifesto.

I think no-one would disagree that an aspiration for all young people to be in work or learning is a positive one. The problem here is reality: what if there are no jobs; no suitable training? What if a young person has behavioural or attitudinal problems as a result of their upbringing?

I also don't accept Cameron's analogy: yes, a good parent would 'nag and push and guide', but if it didn't work out would a good parent throw their child out the door, without money, food, clothes?

Concluding thoughts

This isn't an original observation, but under all the data, proposals, and schemes what really disturbs me is the underlying world view. It is one in which there is a clear distinction between those who take from the community and those who contribute to it; between 'those who need it' and 'those who pay for it';  between the deserving and undeserving poor.

What about the bloke who has done the same kind of manual work for decades but is made redundant when the company closes down, and has none of the skills needed for the jobs available? Is he a shirker?

What about the young woman who spent her childhood caring for her disabled mother?  Perhaps her mother is in a home now, or dead. Is she just a freeloader?

And what about the young single mother with a one-year-old baby?

The bottom line, of course, is that although the rhetoric is about helping people and improving society, the reality is about balancing the government's books by targeting the most vulnerable rather than sharing the burden more fairly. And caricaturing claimants as people who want something for nothing sets them up against everyone else.

Tomorrow the benefit claimant could be me. Or you. Although, probably not Osbourne, Duncan Smith, or Cameron

Sources

[1] http://www.theguardian.com/society/2013/sep/30/george-osborne-jobless-benefit-conservatives
[2] http://www.conservativepartyconference.org.uk/Speeches/2013_George_Osborne.aspx
[3] http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml
[4] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/220276/eia-mandatory-work-activity.pdf
[5] http://www.independent.co.uk/news/uk/politics/governments-flagship-work-scheme-in-crisis-after-poundland-slavery-case-ruling-8492346.html
[6] http://www.theguardian.com/society/2012/jul/29/long-term-unemployed-unpaid-work
[7] http://www.conservativepartyconference.org.uk/Speeches/2013_Iain_Duncan_Smith.aspx
[8] http://www.parliament.uk/briefing-papers/SN06079
[9] http://www.conservativepartyconference.org.uk/Speeches/2013_David_Cameron.aspx

Friday, 27 September 2013

Bedroom Tax - another update...

Further to my last post, there have been two new developments.

Firstly, another tribunal has ruled in favour of a claimant. In this case the claimant lives in London, rents a housing association flat in Westminster, and is blind. He uses one of the 'bedrooms' to store equipment he needs in his life and work because of his blindness. He maintained that this room could not be treated as a bedroom and the judge agreed, noting in his decision notice:

"The term 'bedroom' is nowhere defined [in the relevant regulations]. I apply the ordinary English meaning. The room in question cannot be so defined."

You can read more about this case here: http://www.theguardian.com/society/2013/sep/26/bedroom-tax-westminster-council-defeat

The argument used by this claimant is similar to that used in one of the Scotland case (see previous post) in which a physically disabled claimant needed a room to store his wheelchair.

In the Guardian's report it is stated that Westminster Council will not be attempting to challenge the decision but that the DWP may do so. It is not surprising to me that the council don't want to take the case further: as I said in my last post, local authorities don't want tenants to be caught by the bedroom tax any more than the tenants do. Frankly I don't see how the DWP can appeal this decision: they are not a party in the case. 

Legally speaking this is all a bit unsatisfactory, as none of these new cases are - technically - legal precedent, and if none of the local authorities appeal these decisions no actual case law on the point is going to emerge. Judges will therefore be making decisions on an ad hoc basis, though undoubtedly they will take account what has happened already. Oddly, it might be really helpful if a judge refused a claimants appeal on a case like these, so that the claimant could take it to the Upper Tribunal for some authoritative comment on the matter.

Secondly, there has been some progress in a ten key test cases. 

In July ten claimants took their cases to the High Court in July, arguing that the bedroom tax rules were discriminatory, but the Court ruled against them (I wrote about this in my post on 17th July). 

However an appeal judge has just given them permission to take their cases further, to the Court of Appeal.

This case has been reported here: http://www.telegraph.co.uk/news/politics/conservative/10336077/Legal-challenge-over-benefit-reform-dubbed-bedroom-tax-by-Labour.html

The judge who granted leave to appeal, Rt. Hon. Lord Justice Aikens, in his reasons*, stated that 

 “[the cases] raise issues of public importance concerning the amended housing benefit scheme and the needs of disabled/ young people and so should be considered by the Court of Appeal.” He also went on to say, “Further, the points raised in the grounds of appeal and the proposed ‘skeleton’ argument have a reasonable prospect of success…” 

The last point is quite encouraging, obviously.


*Source: http://www.leighday.co.uk/News/2013/September-2013/Bedroom-Tax-to-be-challenged-in-the-Court-of-Appea (yes, the last 'l' is supposed to be missing)

Thursday, 12 September 2013

The Bedroom Tax - Human Rights Commissioner comments

Grant Shapps, Conservative Party Chairman, is not happy.

United Nations Special Rapporteur on housing, Raquel Rolnik, has issued a press release following an investigation into housing problems in the UK. It was the 'bedroom tax' that particularly concerned her: this, in turn, was what angered Mr Shapps.

You can find her full press release here:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13707&LangID=E

It's quite a short statement, and is worth reading in full. The full report will presented to the Human Rights Council in March next year.

If you are interested in social welfare in the UK it's unlikely that anything she says will be news to you. What matters here is not so much what is being said but who is saying it. Having said that, I will now quote her...

'The so-called bedroom tax has already had impacts on some of the most vulnerable members of society. During these days of my visit, the dramatic testimonies of people with disabilities, grand-mothers who are carers for their families, and others affected by this policy, clearly point to a measure that appears to have been taken without the human component in mind.'

It was not just the bedroom tax that concerned her. She was also disturbed by conditions in the private rented sector, particularly given that more people are being forced into this sector by the shortage of social housing.

It appears that Mr Shapps was especially annoyed, firstly, by her not meeting with members of the government, and, secondly, by referring to the measure as the bedroom tax and not by its 'proper name' of the 'spare room subsidy' (source: http://www.bbc.co.uk/news/uk-politics-24046094 (the embedded interview).

The second point is interesting, and wrong. While it is true that 'bedroom tax' isn't the measure's real name, neither is 'spare room subsidy'. The measure's actual name is:

‘Housing benefit size criteria restrictions for working age claimants in the social rented sector from April 2013’ 

'Spare room subsidy' is just as opinion loaded as 'bedroom tax', and - arguably - more misleading. For example, imagine a home where two sisters, aged 12 and 15, have separate rooms. There is no 'spare room', but as the law now requires these sisters to share a room, their parents would still be facing a reduction of 14% in their maximum Housing Benefit (for more information about this, see http://www.benefitsowl.info/bedroom%20tax.html ). 

Oh, and while we're thinking about children sharing rooms, I can't help mentioning Michael Gove, Education Minister, who, in the context of a discussion about planning changes, said (http://www.theguardian.com/politics/2013/sep/05/michael-gove-comments-bedroom-tax:

'There are children, poor children, who do not have rooms of their own in which to do their homework, in which to achieve their full potential'.

However subsequent interviews suggest that he's either incapable or unwilling to make the obvious connection between this aspiration and the bedroom tax...

Further Reading:
There's a good opinion piece by Zoe Williams on the UN press release:
http://www.theguardian.com/commentisfree/2013/sep/11/bedroom-tax-not-policy-bad-bullingdon-weekend
For more information about the bedroom tax check out my website:
http://www.benefitsowl.info/bedroom%20tax.html


Tuesday, 30 July 2013

Disabled people and the bedroom tax: update

There has been a blow today in the High Court for many disabled people who live in rented accommodation. Ten families had brought a judicial review against the new rules, and the Court made its ruling today. The ruling is mostly (but not quite entirely) bad news.

Two of the lawyers acting for some of these people have also published information about the case:

http://www.leighday.co.uk/News
http://www.hmbsolicitors.co.uk/news/category/item/index.cfm?asset_id=1528

The Background

Fro April this year there has been a new restriction on Housing Benefit for people who live in accommodation rented from Social Sector landlords (i.e. Housing Associations, local councils, and the like). The law now decides how many bedrooms a household needs, and limits the Housing Benefit accordingly. 

(For a more detailed explanation, see my website http://www.benefitsowl.info/bedroom tax.html )

Clearly this doesn't just affect disabled people and their families: however the impact does appear to be particularly severe for households where someone is disabled. frequently the nature of the disability requires that a person needs a separate room, from their partner if an adult or their siblings if a child. In addition, families - and assisting agencies - go to some lengths to adapt a property to suit the particular needs, and face losing all that if they have to leave.

For a really good summary of these issues, I recommend http://www.disabilitynow.org.uk/article/bedroom-tax-and-home-discomforts

The Bad News

In order to win the case the applicants had to show that the new rules discriminated against them and that the discrimination could not be justified. The second part might seem odd, but it reflects a general legal principal about discrimination: a women's refuge who advertise for a female worker is discriminating against men, but this is plainly justifiable; a restaurant in an old building, accessible only by a narrow flight of stairs, discriminates against wheelchair users, but this might be justifiable, depending on the detailed circumstances. 

The court did agree that the rules discriminated against disabled people, but also ruled that the discrimination was justified. How did it come to the conclusion that it was justified? I don't know, because the written decision of the court has not yet been published. But when it is I will be interested to see what it says.

The (slightly) good news

In the case of applicants with disabled children, the court found in favour. This is because there has already been a court case about this, which the government lost at the Court of Appeal in May 2012 (you can see that court's decision here: http://www.bailii.org/ew/cases/EWCA/Civ/2012/629.html ).

You may ask: if the government lost the case in May 2012 why are we still arguing about it now? That's a good question, and one that the judges in the current case were also asking. They weren't very happy. They criticised the government for failing to change the regulations to reflect the Court of Appeal's decision and for, basically, sitting on its hands since then, and required them to make regulations 'very speedily' to allow an extra bedroom where a child needs it because of disability.

What happens next?

The lawyers acting for the applicants are planning to take the appeal further, both in respect of the wider issue of all disabled people, and the issues regarding children. At the moment I'm not absolutely clear why they are challenging the ruling regarding children, as they essentially won, although it seems to relate to a lack of confidence that the ruling will actually make the government do anything, certainly in time for their own clients.

What should you do?

If you have a disabled person in your household, and you rent from a social landlord, and your rent is restricted under the bedroom tax, you should certainly appeal the decision.

It may help to provide the Housing Benefit decision maker with a copy of this document:

http://www.dwp.gov.uk/docs/u2-2013.pdf

This is the memo the DWP sent to all local authorities in March 2013, saying that they had decided not to appeal the Court of Appeal decision further, and instructing local authorities to adjust their Housing Benefit decisions accordingly. This won't necessarily solve your problems, as local authorities all have this already, and, frankly, don't know what to do with it as the government hasn't actually changed the rules, but you never know.

Unfortunately you are likely to have a long wait before the matter is resolved.

Note that if the disabled person requires overnight care, you are entitled to an extra room for the use of the carer.

When I have more information about this I will let you know: watch this space...