WCA consultation ruled unlawful - White paper, part 2

123578

Comments

  • judie
    judie Online Community Member Posts: 295 Empowering

    She has emigrated to Saudi with her kids even though her husband is MP in England. (Southend I believe)

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering
    edited January 21

    I am not a cynic Zipz and we can win this ethical moral battle for equality, and fair treatment for disabled people including benefits.

    Things have changed for the better in the past.

    Be a cynic if you want, but do not count me in being downhearted. I have set 3 legal precedents in my 60 years, 2 on benefits.

    I will never give up, ever. Determination with compassion, is a mediation for the social good.

    Compassion for all, I am half a Buddhist, half a socialist.

    Also, see below;

    please write to Mind, as they can take up individual cases, if they benefit a group, such as disabled people.

    The more people who take up legal action, using their human rights, and enforcing them, through the courts, the better.

    On Monday, January 20, 2025 at 05:09:12 PM GMT, Yahoo Warning <milanholbeckestan@yahoo.com> wrote:

    Dear Mind Legal Unit,
    I was an advisor to Mind, firstly to include more BAME people c/0 Diverse Minds, and Mindlink, the user network of mind, to ensure its policies were all service user friendly, from 2000 - 2003
    I also advised Mind about 20 years ago to keep up the aims of Mind's Benefit Campaign, to retain welfare benefits, for extremely clinically vulnerable,vulnerable people with physical and mental disabilities about 20 or 18 years ago.So there is another govt trying to reduce disability benefit claimants, as a budget exercise of cuts - not with regard to the needs of people with their varied disabilities.
    I have 7 MSK conditions, including minor spinal injury, cramps and sciatica. Also Complex PTSD, chronic depression, and chronic anxiety.Perhaps the sheer number and severity of many of my disabilities, 6 are life threatening, e.g. all the 3 mental health aforementioned diagnoses, upper respiratory tract infection, asthma too.
    My motivation is compassion, and equality, a better, fairer society.is ethical to stop cuts, to stop abuse of claimants, and suicide, depression and anxiety, caused by the white paper 'Getting Britain Working'socialism: I believe in equality, sharing opportunities in general, and responsibilities, and a good, more equal, fairer society.
    Can we make a case to answer legally, please?I am told that any change of circumstance for PIP and ESA Claimants, will automatically migrate people on to UC, how can this be fair, legal, and moral, can we make a case it ISNT any of these 3 latter adjectives With no exceptions? how can that be fair, in terms of our right to health and safety, the aims of the welfare sate, etc., other laws, duty of care, right to life, and other universal human rights?
    Thus, I would really appreciate Mind's legal backing on an issue that is already causing great anxiety, depression, and no doubt a few suicides, the white paper has made me feel suicidal and sleepless/ insomniac.Now is the time to be assertive, through the rule of law, redress of grievances; I am unusually determined and will not waste your valuable time, once a legal case is mounted, preferably as a class legal action, the more the merrier, I will not withdraw it.As a both a socialist, Buddhist, and a communitarian, I refuse to be bitter or ill, or cynical, I will be positive in the ways lawyers need.
    Sincerely
    (removed as personal identification).

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    Dear Tori-Scope

    Thanks so much for your encouragement and direction.

    We all need support.

    I will start 'my' (its for me, 'and' others: that is true compassion, as we all suffer) own campaign as you suggest above.

  • Tori_Scope
    Tori_Scope Scope Posts: 12,462 Championing

    Of course, no problem @MadMilan2019! It's always great to see people starting their own campaigns, and finding creative ways to drive change :) Let us know how you get on.

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    Dear Tori- Scope Campaigns Officer,

    Thank you again.

    We all need to campaign individually, and collectively, as campaigns are more effective that way than, template leters written by campaigning charities.

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    Dear Jane215starx,

    Yes there have been many campaigns on the environment that have changed greenwashing bills to a much better environmental laws; similarly RPCA last year increased the prison sentence for deliberate animal cruelty.

    Also the Renters Reform Bill is going through Parliament, and Shelter has led a campaign on this and made it better, please Google these.

    We do not always get what we want, but we do get something worthwhile, e.g. nobody in deep distress from mental health can be detained in mental hospitals, unless the treatment is therapeutic, or unless they might harm or kill others.

    I, with many other mental health service users, via Mind, campaigned for successive mental health laws, which have been progressively about voluntary treatment, and more patient led.

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    OK JANE315STARX,

    Yes, the govt have their spindoctors, but we all have access to the media, you too could make a case for more disability rights via the media.

    Its half baked democracy but we do not live under dictatorships where we can be shot tortured or disappeared.

    Is you glass half full, mine is personallly and politically.

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    Someone asked if they had to repay an overpayment of benfit by the DWP.

    My understanding is if:

    - you did not cause the oerepaymnt you are not obliged to repay it

    • if repaying it will cause you hardship then you should write to the DWP Manager a complaint sayng this
    • - copy the letter to your MP

    get advice re benefits by Googling your local Citizens Advice Burea, and ot local disability group who may give benefits advice.

    Email Child Poverty Action Group (CPAG) who write and bring out new editions of the benfits bible:

    Welfare Benfits and Tax Credits Handbook on the first of April each year. Please Google it, and despite the cost 60-70 quid it is a worthwhile investment trust me and I have won many reconsiderations and appeals re my disability benfits, and the DWP leaves me alone, as I proved Im extremely clinically vulnerable, that my health was not getting better, and did not have to undergo any WCA or PIP benfit tests for 20 years, given these tests caused suicide attempts.

    Also, you are entitled to compensation if you are mistreted by the DWP, e.g. suffering hardship if not granted your benedit entitlement, or a reayment you did not cause causes hardship.

  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,658 Championing
    edited January 21

    MadMilan, would you care to tell us about the two legal precedents you set?

    I presume this was at a time when Legal Aid was available to pay solicitors and barristers for their advice/representation..

    I am concerned that you may be raising people's hopes including your own of reversing existing cuts. The consultation mentioned on this thread was about proposals for further changes.

  • Kimi87
    Kimi87 Online Community Member Posts: 4,634 Championing

    I don't wish to pull the thread off topic, but under Universal Credit legislation all be overpayments are recoverable. Including those that are the DWP's fault.

  • Andi66
    Andi66 Online Community Member Posts: 880 Trailblazing

    Agree,

  • judie
    judie Online Community Member Posts: 295 Empowering

    Well, this has turned bitter. I don't wish others to suffer so I can receive what I am entitled to.

  • judie
    judie Online Community Member Posts: 295 Empowering

    No one has given up their benefits, there is no need

  • Community_Scope
    Community_Scope Posts: 1,758 Empowering
    edited January 22

    Hi all, please can I remind you of the house rules. I appreciate it's a sensitive subject, but we must remain respectful, civil, safe, supportive, and conscious of the content that we post.

    Best wishes,

    Holly.

  • judie
    judie Online Community Member Posts: 295 Empowering

    If all the migrants went home tomorrow do you really think your benefits would increase? Or become easier to apply for? Nothing would change, things for us would remain as miserable as they always have been sadly

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    Dear Kimmy21,

    Thank you for saying:

    I don't wish to pull the thread off topic, but under Universal Credit 

    legislation

     all be overpayments are recoverable. Including those that are the DWP's fault.

    I will be consulting Mind's Legal Unit, public lawyers, pro bono unit, etc.

    to see if there is a case to answer

    as, morally, I cannot see why the claimant should be punished b the law when the overpayments may not be their fault, but the DWPs error.

    Law is about common good, and ethics as a means to that.

    I will report back to this forum in due course.

  • michael57
    michael57 Online Community Member Posts: 1,299 Championing

    i thought this thread was about the wca not about immigration or paying back overpayments if it wasnt for the foreign workers here legally propping up the country heaven forbid what would happen unemployed would have to get a job kids could leave school at 16 and get paid work and not be a burden to there parents giving people brains with no common sense is working very well from my limited eyes

  • MadMilan2019
    MadMilan2019 Online Community Member Posts: 59 Empowering

    Any disabled person can be a victim of DWP overpayments of ESA and PIP, made in error,

    so it is relevant because disabled people will suffer hardship, and stress.

  • michael57
    michael57 Online Community Member Posts: 1,299 Championing

    but there not suffering hardship when they are getting more than they should that they could check themselves but they keep quiet about then play in your own words the victim i am disabled and will suffer hardship and stress when they get found out the rules are as plain as day like it or not