Exposed: Mordaunt's 'False Promises' on WRAG Cut Mitigation

Exposed: Mordaunt's 'false promises' on WRAG cut mitigation

The minister for disabled people has been accused of making "false promises" that she would reduce the living costs of people facing cuts of nearly £30 a week to their out-of-work disability benefits.

From this week, new employment and support allowance (ESA) claimants placed in the work-related activity group (WRAG) will receive about £73 a week - the same as those claiming jobseeker's allowance - instead of the £102 per week paid to existing ESA WRAG claimants.

The highly controversial cut will save the government more than £1 billion over the next four years.

Ministers had tried to justify it by claiming that receiving nearly £30 less a week would "incentivise" sick and disabled people in the WRAG to find work.

But Penny Mordaunt had also promised fellow MPs on the work and pensions select committee in November that she was working on a package of measures to "mitigate the £30", which she said would be in place "before April".

Facing fierce criticism over the cut, Mordaunt told the MPs that she was working at "ensuring that someone's outgoings can be managed", and at reducing their "non-work-related costs", such as energy, broadband and phone bills.

She told them: "I know what I need to do and I have put a large amount of resource in the department behind it, and I can only repeat that the more reassurance I can give on this the better.

"I am not in a position to outline chapter and verse,but I hope to be soon,and I very much understand what I need to do."

She also said that she was "talking to energy suppliers, mobile phone companies and broadband suppliers".

But when Disability News Service (DNS) asked this week what Mordaunt had managed to achieve in the four months since November, the Department for Work and Pensions (DWP) suggested that her only success was ensuring that new WRAG claimants would be told by their jobcentre work coaches how to secure the cheapest BT telephone tariff.

A DWP spokeswoman said: "The minister's comments in the House [of Commons] noted that the work on social tariffs was about enabling people to have the right tools and information to reduce their household outgoings and give budgeting support.

"We have a wide range of programmes and initiatives ongoing to empower disabled people through improved information.

"Work coaches will have information available to support claimants to manage and reduce their household outgoings.

"This will include information about the BT Basic social tariff (and KCom in Hull).

"The minister is also highlighting to businesses the importance of giving disabled customers the tools they need to make informed choices about where they spend their money.

"Sector Champions have been appointed to promote this approach to their industries.

"We are also working with tech experts and businesses on new ideas to harness the power of technology to ensure disabled consumers are better informed about the accessibility and inclusivity of products and services available."

When DNS questioned whether the information about the BT social tariff was the only "mitigation" Mordaunt had secured in three months, despite her promises, the DWP spokeswoman declined to comment further.

She also declined to comment when asked if working with businesses "to harness the power of technology to ensure disabled consumers are better informed about the accessibility and inclusivity of products and services available" was another way of saying that Mordaunt was helping businesses to market their products to disabled people.

Neil Coyle, a Labour MP and one of the work and pensions committee members who questioned Mordaunt about her plans for mitigating the WRAG cut in November, told DNS: "The minister for disabled people is a huge let-down.

"The government scraped through further hugely damaging cuts to disabled people only by making what have been shown to be false promises.

"The minister has not delivered what the select committee were told would be in place before the latest cuts were imposed."

Bob Ellard, a member of the national steering group of Disabled People Against Cuts, said that the only "genuinely new measure" appeared to be to "give claimants a leaflet about the BT Basic social tariff", which he said was "the final effluent icing on this very shitty cake".

He said: "People who have actually experienced poverty will tell you that no amount of 'managing and reducing outgoings' will helpif you don't have enough money to meet your basic needs.

"People will already be cutting their costs as much as they can, but there is only so far that you can cut before you run out of money to get food and warmth."

He added: "Mordaunt's toxic combination of cluelessness and callousness is putting yet more disabled people's lives at risk.

"There are highly likely to be still more tragic, avoidable deaths resulting from this cut to vital support.

"This 'mitigation' from Mordaunt is, as expected, only a symbolic set of gestures designed to mollify Tory MPs who reluctantly voted for the cut.

"It will make precious little difference to people pushed still deeper into poverty.

"This cut is still likely to have knock-on effects on mental and physical health through severe distress and financial hardship, on people many of whom are already unwell, or have limiting impairments."

Alongside Mordaunt's promises on mitigating the £30-a-week cut, DWP has previously announced that it would spend £330 million of the £1 billion savings over four years on additional employment support for people in the WRAG, including a "personalised support package".

It has also announced an extra £15 million per year for the next two years for the Flexible Support Fund, which aims to give jobcentres flexibility in providing back-to-work support, and can include paying for child care to enable a claimant to undertake training or attend interviews; funding travel to interviews or paying for clothing to start a job; or paying for adaptations to help a WRAG claimant access a work placement.

Meanwhile, Disability Rights UK (DR UK) said yesterday (Wednesday) that it has written to Mordaunt to raise concerns about three "hidden" cuts to disability benefits that it says have been introduced without being announced by the government.

DR UK says in the letter that the rate of ESA (and the equivalent universal credit rate) for claimants under 25 has been cut by 55 per cent (about £50 a week); full-time disabled students are no longer usually eligible for universal credit until they have had a work capability assessment; and the lower disabled child element of universal credit has been frozen.

DR UK says in the letter that the three cuts have been subject to "no specific government announcement, no statement of policy intent, no specific impact assessment and subject to no prior consultation".

6 April 2017

PIP review ignores evidence of dishonesty among Atos and Capita assessors

The former civil servant commissioned by the government to review its new disability benefit has refused to accept there is any dishonesty among the healthcare professionals who carry out assessments, despite being shown significant evidence of wrongdoing.

Disability News Service (DNS) has twice contacted Paul Gray's personal independence payment (PIP) review team with evidence collected during a lengthy investigation into allegations of widespread dishonesty by assessors working for the outsourcing giants Capita and Atos.

But in his second and final review of PIP for the Department for Work and Pensions (DWP), published seven days ago, Gray dismisses any suggestions of dishonesty.

Although he says in the review that some claimants "assert that the Health Professional has misinterpreted or even deliberately misrepresented what was discussed during the assessment", he says there could be several explanations for this other than dishonesty.

He suggests instead that PIP claimants may hold these beliefs because the assessor: failed to mention evidence they had provided, made "inappropriate assumptions" about the impact of their condition, or "may genuinely have made an error when transcribing their notes".

In early February, DNS passed on detailed evidence to Gray's review team, which included excerpts from more than 40 cases in which PIP claimants had alleged clear dishonesty by healthcare assessors in the way they had written their assessment reports.

The claimants spoke repeatedly of dishonesty, "fraudulent conduct" and "lie after lie after lie" told by assessors in their reports, on which DWP decision-makers based their decisions on their eligibility for PIP.

DNS then contacted the review team two weeks later, with further evidence of widespread wrongdoing, including a news story which described how the investigation had by that time collected more than 100 cases of alleged dishonesty.

None of that information has been included in Gray's review.

The position taken by Gray, who also chairs DWP's benefits advice body, the social security advisory committee, mirrors that of the department itself, which has consistently stated that it does not believe there has been any dishonesty by its assessors.

Asked by DNS about the dismissal of any suggestions of dishonesty, Gray said in a statement that the review's role was "to make an assessment of how PIP assessments as a whole are operating, not to investigate individual cases or complaints.

"The Review does though emphasise that the assessment process should be more transparent to help improve claimant trust in the system."

He refused to comment further.

Elsewhere in his report, Gray says public trust in the "fairness and consistency" of PIP decisions was "not currently being achieved, with high levels of disputed award decisions, many of them overturned at appeal".

He is also critical of DWP's new mandatory reconsideration process, the internal process that all claimants have to go through before appealing to an independent tribunal.

He says in his report that tribunal judges are "sceptical about the thoroughness of the Mandatory Reconsideration process".

He adds: "Furthermore, currently 65 per cent of appeal hearings overturn the initial decision which is clearly eroding the trust of claimants and stakeholders in the system."

Gray says progress made by DWP to improve PIP since his first review in 2014 has been "mixed", with implementation of his recommendations "either incomplete or slower than the Review had hoped in many areas".

He adds: "Professionals and organisations were asked to comment on progress since the first Review. The majority of feedback regarding this was negative."

In a further blow to the credibility of ministers, he says that tribunal judges told the review that "rather than further written evidence, it is cogent oral evidence from the claimant at the hearing that is by far their most common reason for overturning decisions".

Ministers and Tory MPs - including former disabled people's minister Justin Tomlinson last week - have repeatedly claimed that the main reason for successful appeals was claimants producing fresh written evidence at their tribunals.

Gray also warns that he had been concerned to see that some assessors appeared to assume that if a claimant had a job this was evidence "of limited functional impairment".

In his recommendations, he says he hopes that DWP "re-emphasises and ensures that employment will not disadvantage claimants when they seek to claim PIP and explores ways in which PIP may be an enabler in improving employment retention".

Among Gray's other recommendations, he suggests DWP should introduce audio recording of assessments to increase claimant confidence, as long as there is an opt-out option.

But there are likely to be concerns over another of Gray's recommendations, that the responsibility for ensuring that further evidence is gathered should "primarily sit with the claimant" rather than DWP or the assessor.

He made the recommendation even though more than 87 per cent of the professionals and organisations who responded to the question, following his appeal for evidence, believed claimants faced barriers to providing further evidence.

Disabled activists, coroners and Scotland's Mental Welfare Commission have all linked the failure to secure the necessary further evidence with the deaths of claimants of the out-of-work sickness and disability benefit, employment and support allowance (ESA).

A legal case backed by the Mental Health Resistance Network resulted in the upper tribunal administrative appeals chamber ruling that the ESA assessment process discriminated against some disabled people with mental health conditions and learning difficulties.

Asked about his recommendation on further evidence, Gray said in a statement: "As the review makes clear, the department should make a concerted effort to improve communication products to ensure accessibility and ensure that PIP claimants understand what evidence should be provided.

"The review advises this should be done before the department emphasises that the primary responsibility for collecting evidence rests with the claimant.

"The review also emphasises that, although the primary responsibility for evidence provision should rest with the claimant, the department and providers should make use of evidence they hold elsewhere in the benefits system and should also follow up evidence leads that emerge during the claim process."

When asked whether he was aware of the Mental Health Resistance Network WCA appeal ruling, and the links between the failure to secure further evidence for ESA claims and the deaths of claimants, he again refused to comment further.