The Universal Credit Bill becomes law. Here are the changes to disability benefits you need to know
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jw68, miscreants is the right word for them.
I'm 100% persuaded that nothing has changed since I claimed Incapacity Benefits in 2006. DWP has knowingly put me at risk of harm and homelessness by denying my rightful entitlement ever since! I've told them I'm just waiting to retire so they'll leave me alone. They have no intention of leaving me alone just yet though 😔
I have identified what I believe is the root of the scam which is a 'Correction Slip' inserted into the ESA regs by IDS in June 2011 which was carried into the 2012 Welfare Reform Act unscrutinised and unchallenged.
It didn't correct anything; it corrupted the ESA regs. It was a corruption slip. I've tried and tried to explain it on this forum but members still believe it was so long ago that it no longer matters. It does.
In 2015, IDS suddenly spotted "a fundamental flaw in the regulations", new cuts were agreed and ESA was further corrupted by the removal of reg 29 -(2)(b) - exceptional circumstances - from the WCA process. That was the Welfare Reform and Work Act 2016.
Reg 35 -(2)(a)b) under Part 6 of the ESA regulations is the equivalent of reg 29 -(2)b) under Part 5.
In 2008, there was a Work-Related Activity Assessment (WRAAt) (Part 6) and a Work Capability Assessment (WCA) (Part 5) to determine eligibility for an award - in that order.
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I wonder if any of this will be/can be legally challenged? It doesn't seem that the government is being very transparent regarding the Timms review.
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Thanks for highlighting this.I honestly did not know anything about it.I guess it just shows what we are up against,regarding the DWP and their dirty tricks.
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Agree Catherine. This Timms review is a face saving exercise of the government.
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The user and all related content has been deleted.1
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jw68, miscreants is the right word for them.
I'm 100% persuaded that nothing has changed since I claimed Incapacity Benefits in 2006. DWP has knowingly put me at risk of harm and homelessness by denying my rightful entitlement ever since! I've told them I'm just waiting to retire so they'll leave me alone. They have no intention of leaving me alone just yet though 😔
I have identified what I believe is the root of the scam which is a 'Correction Slip' inserted into the ESA regs by IDS in June 2011 which was carried into the 2012 Welfare Reform Act unscrutinised and unchallenged.
It didn't correct anything; it corrupted the ESA regs. It was a corruption slip. I've tried and tried to explain it on this forum but members still believe it was so long ago that it no longer matters. It does.
In 2015, IDS suddenly spotted "a fundamental flaw in the regulations", new cuts were agreed and ESA was further corrupted by the removal of reg 29 -(2)(b) - exceptional circumstances - from the WCA process. That was the Welfare Reform and Work Act 2016.
Reg 35 -(2)(a)b) under Part 6 of the ESA regulations is the equivalent of reg 29 -(2)b) under Part 5.
In 2008, there was a Work-Related Activity Assessment (WRAAt) (Part 6) and a Work Capability Assessment (WCA) (Part 5) to determine eligibility for an award - in that order.
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Morning @Catherine21 it's been a lot recently hasn't it. I hope you're ok. Getting out might help a little (although the Dentist doesn't sound too fun😅). Maybe pop and treat yourself to a coffee and cake beforehand just to help take your mind off things if you can. 💛
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These MPs and DWP are inhumane. They don't care one bit, just hounding people down who are vulnerable just to save a penny. This story is a disgrace and I hope the guy challenges the decision, takes it all the way to court and as far as possible to get his motability. 🙏
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My last assessment was by telephone. The assessor decided I could walk more than 50m without physically seeing me so dropped me to 4 points from 12. He also claimed I didn't need much help with daily living so dropped me from 12 to 8. We had just ordered a WAV from Motability so I was so stressed thinking we were going to lose it.
Thankfully, because I complained about the assessor someone had the sense to check with my GP who backed up what I had said and so I continue to get enhanced on both.
But like the chap in the previous post, decisions are being made without seeing the person, and whilst I don't like F2F appointments, the telephone assessments rarely go in our favour.1 -
My telephone assessment was fair and accurate, as opposed to the previous two f2f assessments when my mobility was reduced from high to standard and reports were full of inaccuracies and I had to go to MR
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Just reading through some of the recent comments . I was awarded enhanced on both with not telephone assessment , I just received a text saying my review was complete and then 3 days later received a letter award saying my daily living had been awarded enhanced and I kept my mobility enhanced.
I never got any 4 points on anything , I know i should have got 4 on the needing help for my sleep apnea. My sleep apnea is severe and my anxiety and fear of masks is awful and my husband needs to help me every night to use the mask and he sleeps in the spare bedroom because I am restless throughout the night .
I was awarded 3 years again which is ridiculous as my hearing will get worse not better, the arthritis will get worse I cannot do anything with my right hand . Walking has got worse and I recently moved into an adapted social housing bungalow because my house was unsuitable .
I think I was awarded without phone assessment because of OT report it had everything on it so there wasn't anything to add .
I really hope and pray my next review is the same but for a longer award , I am 61 on 1st September and my award is until June 2028 , I think that was because i will be near retirement , but honestly my life is easier in the bungalow , and now we get full rent paid through UC we were able to get a motability vehicle, it is the very first brand new car we have ever had during our 35 year marriage and my husband worked hard for everything we were able to afford, he is delighted with the car and so am I , I can now get in and out without pain , if I lose both pip on the next review we are lost as we live out of town and away from everything really. I know it not until 2028 , but it is still a worry especially with the benefits as they are being messed around with .
Sorry for the long post I don't mean to bore you 🙄
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The user and all related content has been deleted.0
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Hi, I havent even considered surgery because I would be scared. Mine is central sleep apnea where my brain doesn't tell me to breath , they think it is hereditary . Most people don't understand sleep apnea like you say it is very scary , I was stopping breathing 39 times an hour , some stop more than that , but that really impacted my daily life , I suffered and it is awful to live with . I am part of a group and some have had surgery but didn't work .
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The link is too small to read.
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I have.
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The fight for disabled rights will never stop. I for one, won't. The laws that they use are specific, one being that every agreement has to have a discussion period and a formulation period.
Sounds great on paper. But, in theory, this is one sided. (My opinion) Where is the signeed agreement that said the laws will change during the pandemic for assessment? And where are the laws that have taken back those same laws as we are no longer in a Pandemic.
PDF documents are agreed and signed documents that BOTH side must agree to. If one side, (our side) send in a White paper asking for certain things to be looked at, like the cost of Disability, home help, electric and gas capping for the disabled to name some, it's because some one (An Expert) has looked at the costing and said its not the same as able bodied people.
So why are 'our experts' not listened to yet some who is not disabled get to make the final call? No they don't. they have to show supporting evidence. I have seen none….. Professor Harrington wrote 1000 page plus documents as to what is wrong with the system, yet year after year the government produced a GREEN PAPER as to what they are going to do. I have read this and also the previous draft copies, and they are rubbish. (my opinion)
I have to keep writing MY OPINION since I have access to documents that others don't. And it is because of this I fight for disability rights with MP's and AM's in both the Senedd in Wales and beyond.
My first comment is that, we have been allocated a budget for disability rights and help, yet the green paper states that it is to help people who are stagnant on the dole. Since when is being stagnant on the dole a disability that requires extra help.
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@MW123.
I am using my old computer to collate documents ready for the next stage for me.
I would like to say I appreciate the comments made, as I have said that this helps me stay on track.
However, I would like to clarify a few points about the assessment framework. While Bond Solon provides valuable training materials, the legal requirements for assessments and expert evidence are governed by the Civil Procedure Rules, Part 35, and its Practice Direction. The specific paragraph numbering you mentioned, 1.00 to 1.15, reflects a training guide,
not statutory law.This distinction matters because while Bond Solon's guidance helps practitioners meet legal standards, assessments can't be invalidated solely for not following their format, what matters legally is whether the assessment meets the core requirements set out in CPR Part 35 for expert evidence to be reliable, objective, and within the expert's area of expertise.
This is quite true, but as an Expert Witness for the court or Tribunal the judge would ask for the expertise of the report writer to show supporting evidence credence in their field of expertise.
Yes I always quote Bond Solon, and not CPR part 35 Section 2, but in actual fact the CPR are based on Bond Solon since it is of little use to the court when questioned that the supporting evidence is an opinion and that they have no 'expertise' to understand the content of the reports written my staff that look after you, including medical information and results.
This is the main reason for the assessment, since most, if not all assessors do not have a medical background, and that is why 'clarity' on things outside their remit is essential for an acceptable decision that both can use.
Keep the comments coming and thank you again for pointing out the above.
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Firstly I would like to thank you for reading my post, and taking the time to comment.
How do you intend to approach the new proposals?
What do you believe will have the greater impact?
What specific actions can members themselves take to make the most difference?
All in one:
Firstly get involved, you and many others have and can continue to make a difference by finding out who is your constituent MP, or AM, as these are the people that represent you in your area.
Who put them their? You did, if you voted for them so they represent you. All MP's by now would have received the proposals of the Green Paper and should have already at meetings months ago discussed this as we would not have a discussion period now to put forward a White paper or manifesto.
You can write to your MP about anything, from waste disposal to up and coming events.
Find out when the have a surgery were you can go and have a coffee and talk about things that affect you. This includes how did you vote at the last call for a vote to support or as a rebuttal against………. you have to know whether you are being listened to, to have an input to anything, and ask questions again if the answer you are given is not explained, 'so you can understand'
On paper the manifesto is exactly what it says its going to do. In fact not all is as it seems. Allocation of budgets, and implementation of budgets are two totally different things. You can allocate a budget for say the NHS, but on this one point in reading the Green paper, about three paragraphs in it states something totally different.
In order to understand policy you have to understand the difference. I am sorry this is where I need to explain so that there are no grey areas open to further interpretation and is in Plain English because this is how I teach. I hope you don't skip the explination but th last paragraph says it all.
Green papers are discussion documents aimed at gathering feedback on policy proposals, while white papers are authoritative reports that outline specific government policies or solutions.
Definitions and Purposes
- Green Paper: A green paper is a preliminary discussion document that presents various ideas and proposals for public consultation. Its primary purpose is to stimulate debate and gather feedback from stakeholders, experts, and the public. It is not a final or binding document but serves as an exploratory tool to open dialogue on potential policies.
- White Paper: A white paper is a more authoritative document that outlines a specific position or proposal. It is often used to present a solution to a problem and is intended to inform and persuade decision-makers. A white paper typically follows the green paper stage and reflects a stronger commitment from the government to move forward with the proposed policy.
Key Differences
- Stage in Policy Development:
- Green papers are usually the first step in the policy-making process, inviting public input before a more refined proposal is developed.
- White papers represent a more advanced stage, indicating that the government is ready to move forward with specific proposals based on feedback received from the green paper.
- Audience:
- Green papers target a broad audience, including the general public, industry stakeholders, and experts, encouraging wide-ranging input and discussion.
- White papers are typically aimed at a more specialized audience, such as policymakers, industry leaders, and academics, providing detailed information and analysis.
- Content:
- Green papers contain preliminary ideas, options, and questions for consideration, allowing for various interpretations and discussions.
- White papers present well-researched arguments, often backed by data and analysis, and outline a definitive set of proposals.
Conclusion
In summary, green papers and white papers serve distinct roles in the policy-making process. Green papers are exploratory and invite public consultation, while white papers are authoritative documents that outline specific policies or solutions, reflecting a commitment to implement those proposals. Understanding these differences is crucial for engaging effectively in policy discussions and decision-making processes.
Example of this is exactly the opposite, where the White paper is an 'upgrade' of policy that allows everyone a chance to have input, but the Government wait for the White paper to be submitted then 'alter' certain aspects, with a view of saying we have had discussions and listened to what STAKEHOLDERS, POLICY INDUSTRY LEADERS, (HOPEFULLY THE UNIONS) ACADEMICS, (LIKE PROFESSOR HARRINGTON, and the GRAYLING REPORT TO NAME TWO.) But I see it the other way round, where we are asked to resolve issues they can't so that when an idea is aired, if it goes wrong its your fault, and if it goes right it was because we listened to the voters and realise we have had hard decisions, but someone has to make them.
I have written many White papers and had input to them since before the 1990's, but the paragraph I referred to earlier said, We have allocated £650 Million to assist Disabled people to get the help they need and to assist them back into work 'when they are ready'
A few lines on and the word DISABLED, (WHICH SHOULD ALSO INCLUDE LONG-TERM SICK) had been changed to, we will include PEOPLE who ARE on the 'dole' and are stagnant without the prospect of getting employment…….
The courses run within the budget are for 'neurodiverse' people. Another change, since the word disability no longer explains the extent of the disability, and by using the words 'long term sick,' explains nothing. Disability, including long-term-sick have been grouped and have different problems.
A PDF File is the end result, where discussion has taken place, (another problem since they have also started implementing sections without prior negotiation.) and a 'mutual agreement' from both sides is formulated where all concerned sign and date that they agree to its content.
Once signed, it can only be altered when all agree to the 'new terms' as some agreements need to be tested, but there are clauses within the contract that states that should a review be completed, and the projected out come, or the costing of implementation out weigh's the results, that they would revert back to the original agreement. There are also clauses that state that in the original contract some issues were not budgeted for, like, document up grades, computer realignment with new legislation, or cyber fraud, where these can be discussed out side the normal contract life, and be 'tweaked' by mutual agreement.
If both parties do not sign then the original contract stands. The assessment process being one such document.
The assessment process changed before, but when the Pandemic struck, different ways to administer the assessment process took place. Powers were given to assessment companies by the DWP to assess people quicker. Since we are no longer in a Pandemic, why have the original rules of assessment been re-introduced.
Why am I having an assessment from the NHS, that allows me to get treatment from source, to include medication not sold over the counter, operations whether they are a 'quick fix' to help with a flare up, or whether they are only to prolong life, and those results, by people who are qualified to write in my medical history, to have another group hired by the DWP to assist them in a backlog, FOR FINANCIAL AID.
If they are hired by the DWP to assess me financially, then I do not need to except the outcome of their reports as they, unlike the NHS do not give their reports on headed paper, do not explain their expertise, in order to assess the many complaints that I may have, and lets be fair most, have more than one problem being delt with by the NHS, yet these assessors do not separate what is Medical Fact and what is their opinion, and can submit a report to the Decision Maker, as they are the ones that hired them because they do not have the medical expertise to understand some of the aliments sent in on a daily basis, to a decision Maker in a hope that the assessment goes right first time.
Bottom line, you have already made a start by asking the question, ask you MP what s/he thinks on how, or what you need to know to get involved. Your parliamentary MP is obliged to answer you.
What is the worse they can do….. nothing, but they know that when it comes to voting time, who they going to call….. YOU. ( or groups like, myth busters, benefits that suit you…) This was the reason I got my name, as no one actually sticks up for our rights…. Although this is now changing, where you can change anything if enough of you ask the same question.
What about asking: Since the pandemic and the new budget being allocated to the Neurodiverse and long-term sick, how many times have you sampled the assessment process to see whether we are getting value for money when the assessment company received £850 for a bog standard assessment that also requires more work, and who pays for that?
I already know the answers, see what they say and post here. YOU WILL BE SHOCKED. Trust me, it will allow them to do something for the money we pay them to do their job.
SORRY ABOUT THE LONG POST. BUT I WILL SEND THIS POST ELSEWARE, FOR OTHERS TO READ AND COMMENT.
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I watched a clip of Kendall being questioned at one of those committee's.
She tried to claim she is not doing things via a spreadsheet, then minutes later started going on about how the current situation is unsustainable which pretty move proved she is working to a spreadsheet.
Also refused to accept she wasnt consulting on the proposals.
The new stuff do we know yet if its a proper consultation? or just a VIP access thing where its only with MPs and disability organisations, as ultimately we still going to see a bunch of people cut off from support as organisations wont accept a cut to the headline payment rate, meaning the cuts will still be on eligibility, but this time the organisations will have some say on where the axe falls.2
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