UPDATES
This is a bi-monthly newsletter exclusive to Disability Rights UK members. It aims to keep you informed throughout the year with the latest welfare and disability rights news.
DISABILITY RIGHTS UK
Disability Rights UK was formed on 1 January 2012, through a merger of Disability Alliance, Radar and the National Centre for Independent Living.
OUR VISION
A society where everyone with lived experience of disability or health conditions can participate equally as full citizens.
OUR OBJECTIVES
•To mobilise disabled people’s leadership and control – in our own lives, our organisations and society;
•To achieve independent living in practice;
•To break the link between disability and poverty;
•To put disability equality and human rights into practice across society.
FURTHER INFORMATION
For further information about Disability Rights UK membership, publications and activities and campaigns visit our website.
Benefits, policy and campaign updates
Reducing benefit entitlement to a million disabled people will not improve their personal independence
Disability Rights UK: support the Judicial Review against the PIP 20 metre disability assessment test
DBC launches MP e-action over Atos and Capita PIP assessment delivery concerns
DWP agrees HB payable where extra bedroom required due to needs of disabled child
Government fails to prevent legal challenge to bedroom tax by disabled adults
Government cuts funding for Disabled Facilities Grants
Children and Families Bill – Special Educational Needs and disability section under scrutiny in parliament
Social Care Funding Update
Health and social care reforms: from policy to practice
DRUK hosts Disability Hate Crime event: new third party reporting toolkit launched
News in brief
DWP publishes welfare reform toolkit and guidance
UKDPC Survey: UN Convention and Disabled People’s Rights in the UK
Helplines – Q&As
Independent Living Helpline
Disabled Students’ Helpline
Member Organisations’ Welfare Benefits Helpline
EASS Helpline
Case law digest
Highlighting key decisions and judgments
Future changes
A timetable of future benefit and tax credit changes
Deaf Unity in partnership with Disability Rights UK has secured funding to support and encourage more Deaf students into Further and Higher Education.A one day event on June 12th 2013 at the University of Bradford
aims to bring Deaf students together with professionals and
Deaf Role Models. The day will consist of presentations,
workshops, a free initial one-to-one coaching session, followed
by an additional three one-to-one coaching sessions.
To register for the eventgo to
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSBenefits, policy and campaign updates
Reducing benefit entitlement to a million disabled people will not improve their personal independence
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSApril 8 2013 saw the start of the staged introduction of Personal Independence Payment (PIP) which will replace Disability Living Allowance.
According to the government’s own figures, 55% of DLA claimants will have no award or a reduced award once the roll out of PIP has been completed.This means 450,000 disabled people will have no disability benefit entitlement at all and 510,000 disabled people will have a reduced award.
Disability Rights UK is concerned that this alongside other benefit changes such as the bedroom tax, council tax and the reduction in social care support from local authorities, will have a major impact on disabled people’s quality of life and independent living.
Liz Sayce, Chief Executive of Disability Rights UK says:
“We are very concerned about the impact of PIP which could see thousands of disabled people become institutionalised in their own homes.For example DWP expects that 428,000 disabled people who currently get the higher rate mobility component will lose it altogether or receive the lower amount.This means that many will lose their car under the Motability car scheme so they will no longer be able to get to work or get out and about.
If the purpose of PIP is to contribute to the extra costs of disability so that disabled people can maintain their independence we doubt whether this will be achieved.For example, someone with severe epilepsy may qualify for the current DLA care component on the basis that they require someone with them ready to take action to avoid injury if they have a seizure but will not qualify for the daily living component of PIP.Under DLA, disabled people who are unable to cook a main meal for themselves and those disabled people who need continual support or supervision to ensure they are not in substantial danger will be made an award.
This is not the case under PIP. We strongly believe however that the benefits system should support and not constrain disabled people’s independence.”
Disability Rights UK will continue to raise these and other important issues affecting hundreds of thousands of disabled people – both directly with government and by raising them publicly, including in parliament.”
For further information please contact Sue Bott, Director of Policy, Services and Development Disability Rights UK @
Our comprehensive Personal Independence Payment factsheet is available @
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSDisability Rights UK:support the Judicial Review against the PIP 20 metre disability assessment test
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSDespite continued reassurances from the Minister for Disabled People to the contrary, Disability Rights UK is concerned that the wording of regulations means the higher rate of Personal Independence Payment (PIP) will only be paid to disabled people who can reliably walk only up to 20 metres.
The wording of the Social Security (Personal Independence Payment) Regulations 2013 provides for those disabled people who can reliably move up to 50 metres to be awarded only the lowestPIP mobility rate.
The DWP expects that 428,000 disabled people who currently get the Disability Living Allowance (DLA) higher rate mobility component will lose it altogether or receive the lower amount.
Disability Rights UK believes this vital issue needs to be clarified through the Judicial Review action now being taken by three disabled people against the government’s new mobility test. We are therefore submitting an expert witness statement.
This is because at no stage during the consultation process for the new benefit did the Government hint at setting a bench mark qualifying distance of 20 metres.
Under DLA someone is entitled to the higher rate of the mobility component if they are ‘unable or virtually unable to walk’. Usually claimants are considered to be ‘virtually unable to walk’ if they cannot walk more than around 50 metres.
The higher mobility rate of DLA is a vital personal independence resource for disabled people as it provides help towards the costs of an adapted car, powered wheelchair or scooter through the Motability scheme.
Jane Young from We are Spartacus - the disabled people’s campaigning group on welfare reform – says:
“Since the 20m criteria was announced in December, we've worked hard to explain to both politicians and civil servants that this new criteria will remove support from disabled people who really need it. Issuing an application for judicial review is the next step as we seek to ensure secure support for those with significant mobility needs.”
Sir Bert Massie, Disability Rights UK ambassador says:
“The Government’s claim that reducing the distance people can walk from 50 to 20 meters is merely a clarification is nonsense. It was introduced late in the regulatory process and was not subject to consultation. The result will be hundreds of thousands of disabled people who currently qualify for DLA will fail to quality for PIP. This will mean that many disabled people unable to walk more than 50 meters will lose their support, their Motability carand perhaps their job. Open and fair consultation would have produced a better way forward.”
Karen Ashton from Public Law Solicitors who is representing one of the disabled people taking the Judicial Review action said:
“What is at the heart of this legal challenge is fairness. The extra costs of getting out and about for those who have severe mobility problems can be huge. The higher rate mobility benefit can make the difference between being able to do everyday things that everyone else takes for granted – such as doing your own shopping and visiting friends and relatives – and only leaving the house for absolutely essential appointments.
But the Government failed to mention the reduction to the 20 metres threshold in their consultations with disabled people and so those who are potentially affected have not had the chance to explain how devastating the consequences will be.”
While the Judicial Review action is not likely to be heard until July this year PIP is being introduced for new claimants in the North East and North West of England from April 8.
Disability Rights UK urges disabled people to contact their MP letting them know about the Judicial Review and that they have not been fully consulted about the 20 metres threshold. You can contact your MP by following the link
We also ask disabled people who may potentially be affected by the new mobility threshold to let us know by tweeting us @DisRightsUK, posting on ourFacebook page or emailing
Please give us brief details.We will not use your name in any campaigning unless you give your permission first.
For further information about the PIP 20 metre Judicial Review contact: David Standard of Leigh Day Solicitors @
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSDBC launches MP e-action over Atos and Capita PIP assessment delivery concerns
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSA new report has been published by the Disability Benefits Consortium (DBC) that includes Disability Rights UK, which raises concerns about the delivery of the new Personal Independence Payment (PIP) assessment.The DBC presented both providers with a list of ten pledges for a fair and effective assessment, based on the concerns voiced by those they represent.
Both ATOS and Capita have detailed how they will try to meet each pledge, revealing stark differences between providers. For example, Capita will try to ensure applicants with certain conditions will be matched with assessors who have specific expertise in that area, which the DBC believes will lead to fairer outcomes, whereas Atos will randomly assign assessors.
Issues with the assessments could result in applicants not being awarded the benefits they need to help cover the additional costs of having a disability.
Other key issues and differences included:
•Atos will only offer assessments at home to applicants who meet a range of criteria set out by the Department for Work and Pensions (DWP), whereas Capita will aim to offer home assessments to around 60% of applicants.
•Capita have asked the DWP to let them offer audio recording of assessments to applicants, but have not yet received permission to do so.
The ten provider pledges are:1We will make sure that a full range of communications methods are available, that our staff are trained in how to use them, and that individuals only have to tell us once what their accessibility and/or communications requirements are.
2We will proactively gather all relevant written evidence, and will only call claimants in for a face to face assessment when a decision cannot be reached on the basis of written evidence.
3We will only reassess claimants when a change in circumstances is likely, to ensure that claimants are not reassessed inappropriately frequently.
4We will ensure that the assessment venue is accessible and appropriate for a full range of disabled people, that claimants are informed of their right to a home visit and aware they can bring a friend, family member, or advocate to their assessment.
5We will train our assessors to understand a wide range of impairments and conditions, and to recognise the impact of multiple and complex conditions. Where possible we will match claimants with assessors who have the most appropriate expertise.
6We will hold assessors to account for their decisions, will have an accessible complaints procedure in place, and will seek claimant feedback to monitor performance.
7Our assessors will conduct interviews in a sensitive and culturally appropriate manner, and will explore how individuals complete activities.
8Our assessors will share written reports and any observational evidence they record with claimants, providing them with an opportunity to correct any inaccuracies as early as possible.
9We will set up procedures to proactively gather feedback on the assessment process from disabled people and their representative organisations, and will be open with the findings from these.
10 Guidance for assessors will be regularly updated and developed using input from relevant experts, disabled people and their representative organisations.
Following its engagement work to produce its report, the DBChas identified the following five recommendations relating to the two assessment providers:
1Home visits and scheduling of appointments – Atos should follow the lead of Capita and give claimants a choice of a home visit or a centre based assessment, and a choice of possible dates and times rather than requiring them to request a change to a slot that is provided to them. It is also vital to monitor whether Capita’s approach is carried out effectively in practice.
2Matching claimants with the right assessors – Atos should look to match assessors with specific expertise to claimants with relevant conditions. Capita have said that they will do this but only “where possible”. It is therefore important to monitor whether this actually happens in practice.
3Additional evidence – Both providers should remind claimants, in all standard communications, of the importance of providing additional evidence if they have not already done so. Extra efforts should be made to seek additional evidence in cases where claimants are vulnerable, have difficulties self-reporting their condition (such as claimants with cognitive, intellectual or mental impairments), or where claimant’s conditions fluctuate.
4Assessor accountability– There should be a clear DWP and provider mechanism for ensuring that assessors are held to account if their recommendation was inappropriate due to a poor assessment, insufficient attention paid to additional evidence, or failure to collect additional evidence.
5Assessor training – Both providers should work with representativeorganisations to develop training for assessors on a wide range of conditionsand the impact of multiple and complex conditions.
The report’s other recommendations include that:
•there should be a clear DWP and provider mechanism for ensuring that assessors are held to account if their recommendation was inappropriate due to a poor assessment, insufficient attention paid to additional evidence, or failure to collect additional evidence. The DWP should apply contractual penalties to providers in all relevant circumstances;
•audio recording should be available for all assessments and the DWP should evaluate what impact it has on the quality and accuracy of assessments;
•the DWP and the providers should ensure that disabled people, representative organisations and relevant experts should be fully involved in the development of guidance for PIP assessors.
Tom Pollard, DBC co-chair and Senior Policy Officer from mental health charity Mind, said:
“The DBC has serious concerns about the abolition of DLA and the introduction of PIP but we also know that the way assessments are delivered is vital. We often hear of applicants’ health deteriorating further as a result of a poorly delivered assessment. Having two assessment providers gives us an opportunity to compare how different approaches work and drive up the quality of assessments for millions of people with disabilities, including mental health problems.”
DBC Co-Chair, Claire Nurden from the MS Society, said:
“The DBC is urging people to contact their MP to let them know about this important report. MPs need to aware of who will be delivering these vital assessments in their constituency and what issues they should be raising with the provider and the Minister for Disabled People.”
You can contact your MP by clicking here
To read the DBC report’s main findings, access the full report and the government’s response see its Executive Summary available@
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSDWP agrees HB payable where extra bedroom required due to needs of disabled child
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UPDATESAPRIL 2013BENEFITS, POLICY AND CAMPAIGN NEWSThe DWP has dropped its appeal to the Supreme Court over the amount of housing benefit to be awarded where an extra bedroom is required due to the needs of a disabled child.
In Burnip, Trengove and Gorry, the Court of Appeal held that the local housing allowance size criteria discriminated unlawfully against the three appellants on grounds of disability, by not including provision to meet their need for an additional room.
However, the DWP has decided not to pursue the appeal further so that from the date of the Court of Appeal judgment on 15 May 2012, local authorities should allow an extra bedroom for children who are unable to share because of their severe disabilities.
In new guidance to local authorities – HB/CTB Circular U2/2013 – the DWP sets out guidance to local authorities on assessing whether children are unable to share a bedroom.
In addition, the DWP advises that cases where benefit has been suspended pending the outcome of the appeal to the Supreme Court can now be lifted and arrears paid as appropriate.