New Green Paper Discussion - now includes accessible formats and consultation event sign up links!
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Also whilst blinding us with this The goverment are going to be blocking the sun it goes on and on
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What do you think is the best and most productive way to fight this? We can only deal with the people who currently have the power to change things. Or do we just give up and accept that nothing can be done?
Numerous Labour MP's voted for the past changes to WCA so are likely a lost cause. I want to feel hopeful and is there any possibility for legal challenges to past changes in legacy benefits or are we screwed because we didn't act hard enough back then?
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Courts usually do not get involved with new laws while they are still being discussed, because at that stage they are only proposals and have no legal force. Parliament has the right to debate and shape new laws without interference from the courts. However, once a law is passed and put into effect, it becomes enforceable, and people or groups can challenge it if they believe it is unfair, discriminatory, or unlawful.
One common way to challenge a law is through a process called judicial review. This is where judges are asked to look at whether the government followed the correct procedures when making the law or policy, and whether it respects existing laws and rights. Judicial review does not decide whether a law is good or bad, but whether it was made properly and fairly under the rules that the government must follow.
In some rare situations, courts might look at proposed legislation before it becomes law, particularly if it clearly clashes with fundamental rights or constitutional principles. More often, though, challenges happen after the law has come into force.
Alongside legal challenges, public pressure, campaigning and lobbying can play a big role. When MPs are still debating a new policy or law, strong opposition from the public can sometimes influence their decision. If enough concerns are raised, the proposed changes might be withdrawn, delayed, amended, or watered down before they become law.
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I’m sorry, but I don’t really know anything about Universal Credit migration or biographical interviews. It might be a good idea to repost your question in the Universal Credit section of the forum, as there are members with experience in this area who are more likely to see your question and will be able to offer advice.
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thank you MW, I should of thought of that before. It’s just all so stressful it’s making my brain fog worse and my fatigue. I just read your previous reply to me regarding legal action. I thought that but it wasn’t explained in the B and W post I don’t think. It made it seem as though it’s water tight and a done deal but I’m no lawyer but it doesn’t seem right to me . Age discrimination, no proper consultation, points system discrimination.
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Going back a few pages but if you mean the assessment report did not resemble the actual assessment contents, I think this is something that happens more often than the outside world would like to believe.
I have a recording of my assessment, and when you compare the text of the assessment with what was said, there are numerous discrepancies. There are also points where you hear the assessor typing on the recording but none of the information mentioned at that point appeared on the assessment report.
And for several of my criteria it said "x reported difficulty with this - but I think they can do it fine so 0 points". The assessor never read my evidence. My decision maker read a bit of it but the decision bore zero resemblance to my case or my evidence. It doesn't help that the decision makers and MR people are mostly not the assessors, and so most decisions are made by people who have never met you. In my case everything was based on the assessment report, which was inaccurate, rather than the evidence :/
Reading comments of other claimants I feel like this happens quite often, and is one of the big reasons a lot of cases end up at tribunal. It's also the reason why the 4 points rule leaves nobody safe.
The DWP as an organisation has too much power, basically. There is no regulator. Most other bodies have regulators to ensure checks and balances, but the DWP deals with a huge number of vulnerable people and there is nobody to ensure they do it properly. Without a complete overhaul of the DWP, breaking it down and rebuilding it with these checks and balances, any policy that comes from that department is probably going to be unfit for purpose :/ Just the idea of giving such an organisation more responsibility or ability to monitor or intrude into people's lives is quite terrifying because who is there to ensure safeguarding targets are met?2 -
Please consider using this excellent template from SENSE Disabled Charity to further pressure your MP, in addition to your emails. Over 20,000 people have already contacted MPs with this template.
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Loulou82xxOnline Community Member Posts: 51 EmpoweringApril 26What do you think is the best and most productive way to fight this? We can only deal with the people who currently have the power to change things. Or do we just give up and accept that nothing can be done?Numerous Labour MP's voted for the past changes to WCA so are likely a lost cause. I want to feel hopeful and is there any possibility for legal challenges to past changes in legacy benefits or are we screwed because we didn't act hard enough back then?loulou, thank you so much for listening! Labour Ministers who served 10 or 15 or 20 years ago are desperate to keep this under wraps. I recently read that Faiza Shaheen MP - blocked from standing in the 2024 General Election - had lost her mother to suicide in a benefits crisis.
For what possible reason would the Labour Party carry Iain bl**dy Duncan Smith back to his seat?
I'm doing this with hope or I wouldn't be doing it. I think MW is saying that there is the possibility of judicial review for what exactly I am trying to learn from her posts. Delegated powers or Acts?
Yes, people are being screwed in the reassessment process because of those changes but are more worried about future changes is what I've been trying to explain.
In 2015 it was "We will continue to support….the most severely disabled" when the LCW component for sick and disabled claimants was axed. DWP cannot be allowed to do this again.
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No one really cares about Keir Starmer's faith., as everybody knows that his faith is dishonesty. However, what's more important is that, apart probably from you, I haven't come across yet a single person in the UK saying that they've faith in Keir Starmer.
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my first assessment was the same . Ignored all medical evidence, my GP was stunned and said he’s never had his letter ignored before. Only letter assessor mentioned she wrote the Dr said something she didn’t. All questions she put x says she can’t do x but I say she can’t, zero points .i won low award at MR but went to tribunal for mobility . Panel plus dwp member were shocking . The disabled member even tried removing points I had . Went to upper tier where even dwp admitted they erred in law . Took two years of fighting. Now I’ll be back there again.
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I would have replied with: No, but my grandparents and uncles live there.
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I would have replied with: No, but my grandparents and uncles, and a stepsister live there.
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PasserbyPosts: 182 Empowering2:58AMNo one really cares about Keir Starmer's faith., as everybody knows that his faith is dishonesty. However, what's more important is that, apart probably from you, I haven't come across yet a single person in the UK saying that they've faith in Keir Starmer.But Keir Starmer doesn't have a faith! He does not have one! 🙄
Those hiding beneath a cloak of respectability know how to fool people. They've done it for years.
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I won hear a word against Martine Croxall. You take that back! ;-)
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@alexroda - I thought unsubstantiated bullocks was the order of the day, online? Lol.
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Not you as well? For dog's sake, I might as well run off and join the Hari Krishnas!
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I am also in this situation where, ignoring that I took the DWP to court, and that I requested specific documents in a pdf format and that over the last 5 years have amended that pdf file because of serious error on their part already admitted in the Upper Tribunal. I now have to reapply because the judge decided that there was no alteration in benefits that could be given and struck it out.
I asked for pdf documents (which I have, but wanted the DWP and court to realise that just changing a benefit entitlement does not change the assessment. This same department is continually making mistakes and is costing lives by withdrawing help both financial and otherwise.
After a life long battle with stomach cancer since birth and the fight over the last 8 years (up to 2022.) my friend who I became an appointee for died awaiting the back payment and change of assessment details.
He left a wife and two children, was given properties that did not suit him as access to the property for emergency services was paramount with other problems he had.
I had him rehomed,adaptions to the "new"property, cooking and Bathing facilities changed to adapt to a wheel chair height. Yet he still lived a life and enjoyed his kids even though he was divorced.
NOT, the NHS that caused this, since in applying to CCCouncil, and placing him back on the radar as vunerable after heart Attacks and fits, they assisted in helping him get back on track, abandondend by the system of assessment for finances over assessment for treatment.
I thought that is why the NHS was bourne, to give free medical treatment at source to all people that live here.
It is the government that alter this attitude and make money from the system that should put that money back into the system to support "under funded" sections that do not always get the funding they need and at the right amount at the right time to assist benefit users.
Yes I said benefit users, since there would be no point in using the NHS if you did not need help and would "benefit" from some help as to what to do. ITS, not a cost cutting excercise, but the use of technology to advance and beat things like dementia, Cancer, and polio to name some.
Have you asked whether the amount of money being spent in defending the cases that require rework, a MR, or a Tribunal, only to have to appeal again and go to an upper Tribunal costs against the amount of money being spent supporting "CHARITIES" LIKE SCOPE, MIND, and even the NHS?
YOUR time has come to be heard, as you have the power to change the future, and do not need to try to predict the future but do what it says on the box, "What is the cost of a life?" "Why do we pay N. I. if American companies are offering to get you better treatment and to jump the NHS queue for £25/month?
In the small print:- Don't do pre-existing conditions, don't do lung conditions if you have smoked or your parents smoked, if you fart and it smells could be an underlying condition of Cancer of the Bowels, (sorry I put that one in.) my point they will always find a way to take your money until you need to claim…. And by the way I don't live in America, where you have to BUY your own medical insurance or get nothing.
Australia has this system where your N.I. contributions automaticall get this and all you pay for is things like anestetic or the guy that gives you that needle, but, it is priced accordinly as this is not the profit side but a simple costing, which has been BULK BOUGHT.
I want a choice.
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OBV, the DWP warned assessors that claimants might change their behaviour during assessments in order to reach the 'new' threshold (new as of 2016). That is bound to prejudice those assessments.
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