Judged fit to work? You could lose your benefits if you appeal

The government could cut off incapacity payments if people challenge the ruling that they are fit to

Under new proposals, hundreds of thousands of people on incapacity benefits could be cut off from support if they challenge the ruling that they are fit to work.

In April, the government began a reassessment of the 1.6m people claiming sickness benefit, as part of a plan to reduce the annual £7bn incapacity bill.

The new Work Capability Assessment (WCA) has stricter criteria and finds many more people able to work. However, serious concerns have been raised about the reliability of the tests, run by French company Atos. Charities such as Mind, the MS Society, and Parkinson's UK have all raised concerns about a rigidity of questioning that does not take into account the range of problems that might prevent people from working.

As I reported in August last year, in Burnley, one of the areas where the WCA was piloted before being rolled out nationwide, a third of those declared fit for work appealed, and 40 per cent of them won.

This is a very high proportion, and indicates serious flaws with the WCA. Indeed, last year, the BBC reported on instances of people with serious illnesses such as Parkinson's being declared fit to work because of the inflexibility of the criteria.

Currently, those judged fit to work keep receiving their benefit while their appeal is being heard. However, under these new plans, claimants would lose these payments. If they are successful, they will be reimbursed in full. According to the Times (£), this is because ministers are concerned that continued payments are acting as an "incentive to appeal".

Judges have said in private that they could face 500,000 cases a year, with some taking more than nine months to resolve. The tribunal service has already had to double its staff. Ministers hope that this move could put some people off appealing and reduce this burden.

This action is seriously inhumane, and could mean that people with serious diseases or mental illness are left without any source of income for up to nine months while they challenge an unfair ruling.

The fact that so many people win on appeal shows that the WCA is simply not working. Malcolm Harrington, appointed to improve the work test, has warned that the standard of assessments is still inconsistent. Unfairly ruling people fit to work, only so they can win it back on appeal, is both cruel to the individual and costly for the government -- it is already costing £50m a year.

A far more sensible course of action would be to work hard on improving the WCA to broaden the criteria of the test and improve its accuracy, so it allows for the messy reality of human sickness while also ensuring that those fit to work cannot unfairly claim. Pressurising people to forgo their legal right to appeal cannot be the right course of action and essentially punishes them for the failings of the system.

 

 

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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Copeland must be Labour's final warning

Unison's general secretary says Jeremy Corbyn is a friend - but must also take responsibility for turning the party's prospects around. 

No one objective could argue that last night’s by-election results were good for Labour.

Whilst it was undoubtedly pleasing to see serial fibber Paul Nuttall and his Trumpian politics put in their place in Stoke, this was never a seat where the result should have been in doubt. 

But to lose Copeland – held by Labour for 83 years – to a party that has inflicted seven years of painful spending cuts on our country, and is damaging the NHS, is disastrous.

Last autumn, I said that Labour had never been farther from government in my lifetime. Five months on the party hasn’t moved an inch closer to Downing Street.

These results do not imply a party headed for victory. Copeland is indicative of a party sliding towards irrelevance. Worse still, Labour faces an irrelevance felt most keenly by those it was founded to represent.

There will be those who seek to place sole blame for this calamity at the door of Jeremy Corbyn. They would be wrong to do so. 

The problems that Labour has in working-class communities across the country did not start with Corbyn’s leadership. They have existed for decades, with successive governments failing to support them or even hear their calls for change. Now these communities are increasingly finding outlets for their understandable discontent.

During the 2015 election, I knocked on doors on a large council estate in Edmonton – similar to the one I grew up on. Most people were surprised to see us. The last time they’d seen Labour canvassers was back in 1997. Perhaps less surprisingly, the most common response was why would any of them bother voting Labour.

As a party we have forgotten our roots, and have arrogantly assumed that our core support would stay loyal because it has nowhere else to go. The party is now paying the price for that complacency. It can no longer ignore what it’s being told on the doorstep, in workplaces, at ballot boxes and in opinion polls.

Unison backed Corbyn in two successive leadership elections because our members believed – and I believe – he can offer a meaningful and positive change in our politics, challenging the austerity that has ravaged our public services. He is a friend of mine, and a friend of our union. He has our support, because his agenda is our agenda.

Yet friendship and support should never stand in the way of candour. True friends don’t let friends lose lifelong Labour seats and pretend everything is OK. Corbyn is the leader of the Labour party, so while he should not be held solely responsible for Labour’s downturn, he must now take responsibility for turning things around.

That means working with the best talents from across the party to rebuild Labour in our communities and in Parliament. That means striving for real unity – not just the absence of open dissent. That means less debate about rule changes and more action on real changes in our economy and our society.

Our public servants and public services need an end to spending cuts, a change that can only be delivered by a Labour government. 

For too many in the Labour party the aim is to win the debate and seize the perceived moral high ground – none of which appears to be winning the party public support. 

But elections aren’t won by telling people they’re ignorant, muddle-headed or naive. Those at the sharp end – in particular the millions of public service employees losing their jobs or facing repeated real-terms pay cuts – cannot afford for the party to be so aloof.

Because if you’re a homecare worker earning less than the minimum wage with no respite in sight, you need an end to austerity and a Labour government.

If you’re a nurse working in a hospital that’s constantly trying to do more with less, you need an end to austerity and a Labour government.

And if you’re a teaching assistant, social worker or local government administrator you desperately need an end to austerity, and an end to this divisive government.

That can only happen through a Labour party that’s winning elections. That has always been the position of the union movement, and the Labour party as its parliamentary wing. 

While there are many ways in which we can change society and our communities for the better, the only way to make lasting change is to win elections, and seize power for working people.

That is, and must always be, the Labour party’s cause. Let Copeland be our final warning, not the latest signpost on the road to decline.

Dave Prentis is Unison's general secretary.