As predicted, Mandatory Review has effectively destroyed independent Tribunals

IDS_nSection 102 and Schedule 11 of the Welfare Reform Act, (Clause 99) is the (State) power to require revision before appeal. People who wish to challenge a benefit decision will no longer be allowed to lodge an appeal immediately. Instead, the government introduced mandatory revision or review stage, during which a different Department of Work and Pensions (DWP) decision maker will reconsider the original decision and the evidence and, if necessary, send for more information.

Many of us have campaigned since 2012 to raise awareness of Clause 99. During the Consultation period, I wrote a set of responses to the government’s proposals, which many people used as a template for their own responses.  I remember that we ALL RAISED THE SAME CONCERNS.

In summary, the main concerns were that basic rate Employment Support Allowance was to be withdrawn during the mandatory review period, leaving sick and disabled people with no money to live on, whilst the DWP reconsidered their own “fit for work decisions” that were wrong.

I know that our consultation responses were ignored by the government. The changes were introduced anyway, despite our grave concerns. Since October 2013 people have to apply for mandatory review separately before they can lodge an appeal. We were also very worried that no time limit was established for the DWP to undertake and complete the mandatory review. Our concerns were fully justified, as it’s emerged that people are waiting 7-10 weeks for the mandatory review decision. Meanwhile, these people cannot appeal. And have no money to live on.

An added concern is that this system as it stands demands such a lot from people who may be very vulnerable, seriously ill and/or have mental health problems. Their difficulties are exacerbated by cuts in legal aid for welfare rights advice and cuts in local authority grants. There is a significant contraction of the availability of help for those who need it the most from advice agencies.

A Benefit Sanctions Briefing was released on 18 February 2015 by the Department of Work and Pensions, comprising of an update of sanctions statistics up to the end of September 2014, and for the first time it also included the outcomes of Mandatory Reviews (or sometimes called “reconsiderations.”)

Dr David Webster, Senior Research Fellow at Glasgow University, said: “The Mandatory Reconsideration system (MR), introduced on 28 October 2013, has fundamentally changed the whole appeal process, introducing additional steps and a new Jobcentre Plus structure. MR has cut the proportion of Job Seekers Allowance sanctions which are challenged by claimants from about one third (33%) to about 20-25%. Employment Support Allowance sanction challenges have returned to below their pre-MR level, at about 45%.

The independent element in the system offered by Tribunals has been effectively destroyed, completely in the case of Employment Support Allowance and almost completely for Job Seekers Allowance, where only 0.14% of sanction decisions are now being taken to a Tribunal.

MR has had no overall impact on the proportion of Job Seekers Allowance sanctions overturned, which remains at about 13%. But the proportion of Employment Support Allowance sanctions overturned has fallen from about 35% to about 20%.

The most disturbing possibility is that Employment Support Allowance claimants’ medical conditions are rendering them unable to cope effectively with the phone calls made to them by DWP officials at home during the MR process.”

He also said: “Job Seekers Allowance (JSA) Reconsiderations and Appeals: The revised DWP statistics show much lower claimant success rates at both internal DWP reconsideration and Tribunal appeal. However, success rates for the few who appeal to a Tribunal have risen and successful Tribunal appeals are at an all-time high. For a claimant prepared to go all the way in the appeal process, the probability of overturning a sanction is now 51%.

Employment Support Allowance (ESA) claimants have higher success rates than JSA claimants at reconsideration and appeal.

In 2013 their reconsideration success rate was 56.1% and their appeal success rate was 26.1%. A higher proportion of ESA claimants than JSA claimants ask for reconsideration. This proportion has been rising rapidly, from below 10% up to March 2011, to over 40% during 2013.

The proportion appealing to Tribunals is lower, only about 1%. In 2013 there were 8,428 reconsiderations or appeals where the claimant was successful in overturning an ESA sanction.

The big surge in ESA sanctions during 2013 was due to penalties for failure to participate in work-related activity. By December 2013 this reason accounted for 87% of ESA sanctions, the other 13% being for failure to attend a work-related interview.

This is in contrast to the experience under the Labour government, when the only reason for sanction was failure to attend an interview [without good reason], and there were no sanctions in relation to work-related activity.

Dr David Webster has submitted evidence to the House of Commons Work and Pensions Committee Inquiry into benefit sanctions.

Many of the key issues with the mandatory review can be seen summarised herehere and here. Sheila Gilmore and Dame Anne Begg have covered these extensively during the ongoing Work and Pensions Committee ESA inquiry, as well as during the course of the many separately tabled debates.

Clause 99 – Mandatory Review – was undoubtedly introduced to make appealing wrong decisions that we are fit for work almost impossible. Sick and disabled people are effectively being silenced by this Government, and the evidence of a brutal, dehumanising, undignified and grossly unfair system of “assessment” is being hidden.

It also hides the crass unfairness and terrible consequences of Tory draconianism – the using of behavioural modification techniques in the form of benefit sanctions that have now been integrated into welfare “conditionality” criteria, and imposed on people who are already struggling materially, some of who are sick and disabled.

Most of those people claiming benefts do so through no fault of their own. To punish people by removing all of their income – and thus their only means of meeting basic survival needs – so arbitrarily, is obscene in a so-called civilised society.

The only way for a tiny group of people to become obscenely rich is for huge masses of others to be kept chronically poor. The tories have spent five years lying to us about who “deserves” what, but the bottom line is this: almost every tory policy has intentionally resulted in money being taken from the poorest or money being handed to the [already] wealthiest and most powerful. (See: Follow the Money: Tory Ideology is all about handouts to the wealthy that are funded by the poor and ‘We are raising more money for the rich’ revisited: some thoughts.)

Related

Clause 99, Catch 22 – The ESA Mandatory Second Revision and Appeals

Clause 99, Catch 22 – State sadism and silencing disabled people

Clause 99, Catch 22 and Penning is telling lies

The New New Poor Law

Sanctions misery for tens of thousands of families this Christmas

Pregnant and sanctioned just in time for christmas… Sanctioned and frozen to death….The latest news from Ashton Under Lyne Jobcentre.

Rachel Reeves promises to remove benefit sanction targets with a Labour Government

Government under fire for massaging unemployment figures via benefit sanctions from Commons Select Commitee

Benefit sanctions are not fair and are not helping people into work

Rising ESA sanctions: punishing the vulnerable for being vulnerable

430835_148211001996623_1337599952_n (1)Many thanks to Robert Livingstone for the memes.

Advertisements

18 thoughts on “As predicted, Mandatory Review has effectively destroyed independent Tribunals

  1. And new laws just about to be implemented will remove the right to assessment rate once a claimant has lodged their appeal, so they’ll have zero income right up until their appeal unless they claim JSA, which the DWP would turn down if a person isn’t fit for work.

    This additional measure will lead to mass evictions and possible deaths. It was bad enough before just dreading the brown envelope, but there seems to be no hope for us now.

    Like

  2. Some disability campaigners and disabled people’s organizations in the UK are in favour of abolishing the Work Capability Assessment (WCA), and therefore neglect to support the Work and Pensions Select Committee’s recommendation that calls on the DWP to pay sick and disabled people benefits while they appeal against incorrect ‘fit for work’ decisions (see http://www.sheilagilmore.co.uk/2014/07/).

    It isn’t right to ignore the destitution and immense suffering and hardship of sick and disabled people caused by mandatory reconsideration, and we should campaign in support of that Work and Pensions Committee’s recommendation regardless of our views on the WCA.

    See also: http://twishort.com/0nRgc, https://drive.google.com/file/d/0B4DDIATl4FpJeXdoZnFHbFZLUVhMTlhrUlNha3JDbWJFdmhN/view?usp=sharing, and https://drive.google.com/file/d/0B4DDIATl4FpJVll3a1hFbUMtendCVHQ0ZkpNbm9TelZONVQ4/view?usp=sharing.

    We need to determine if the majority of the welfare-related deaths of the sick and disabled are occurring in the mandatory reconsideration period, and the DWP’s long-standing refusal to release mortality statistics is certainly counter-productive.

    Like

    1. The WCA was flawed insofar as it failed people with fluctuating conditions, originally. Labour had reviewed their original pilot and passed their concerns on to the then new govt. These concerns were ignored, the WCA was changed “in line with the welfare reforms”, the WCA passed into law, and TARGETS were added to Atos’s contract to remove 7 out of 8 people’s ESA. (See the undercover work of Dr Steven Bick – http://www.mirror.co.uk/news/uk-news/steven-bick-doctor-claims-government-1172457 , http://www.theguardian.com/society/2012/jul/27/disability-benefit-assessors-film ). The targets and intention behind them have always been the main issue, for me. The WCA cannot be used by a future govt in its current form. Labour have said that they want disabled people to have a say in how any future assessment happens.

      Sanctions are most certainly causing extreme distress and harm. Agreed that the DWP withholding mortality stats is purposefully obstructive.

      Thank you for the info, Samuel.

      Like

    2. As I’ve said above, this is about to become a whole lot worse!
      From March 30th it will become very rare for anyone to obtain the assessment rate up until an appeal. Benefits and Work briefly highlighted the issue this week, but I’ve been ploughing through the documents related to this. It went to committee, but not one of their many concerns was taken on board.

      It says that jobcentres will work with the disabled person within their abilities but how is that going to pan out? We already know that work advisers are already sanctioning the disabled unemployed and those in the WRAC. If I’m forced to claim how would I pay a carer to push my wheelchair being that my disability income is nil? How do I pay the £16 taxi costs? What if I’m required to go more than one day a week when even going once a fortnight would have a serious impact on my health? How do I get to the doctors/hospital/dentist? How am I supposed to pay my carers full stop?

      I think that because the government couldn’t throw more people off disability benefits, they’ve changed the law here to make sure that the disability claimant numbers are drastically slashed whilst the Unemployed number will not rise significantly due to this measure.

      Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s