Protestors against the bedroom tax outside the High Court in February 2014. Photo: Oli Scarff/Getty
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What has happened to the disabled people affected by the Coalition’s welfare reforms?

Frances Ryan revisits previous interviewees to find out how they are coping with the bedroom tax and the changes to benefits like the Disability Living Allowance.

Sitting in their two-bed flat in Southport, Merseyside, a wheelchair cramped up next to a hospital-type bed, Jayson and Charlotte Carmichael have found themselves unlikely figures of the coalition government.

I first spoke to the couple back in February 2013, two months before the bedroom tax – which saw working age social tenants have their housing benefit cut for “under-occupying” their home – would come into force nationwide. The Carmichaels are in many ways reflective of why the policy went on to become the most controversial social security cut of the past five years. Charlotte, 42, has a severe spinal condition and is partially confined to a specialist bed. Sharing an ordinary bed with her husband, Jayson, would cause damage to her permanent pressure sores and their flat, partly adapted for Charlotte’s needs, is too small to put both beds in one room. Despite the fact that Charlotte sleeps there every night, due to her carer also being her live-in partner, from April 2013, the couple began losing £12 a week for having a “spare” room.

Since then, the Carmichaels have been challenging the bedroom tax on two fronts: taking their own case to a local tribunal in a bid to be judged exempt from the policy and going to the Supreme Court, as part of a group case of five families, to overturn the legislation itself. It has been two years of court dates, battles, and exhaustion.

“I have been depressed and sometimes thought enough is enough, we can’t go on anymore. Then we have a small success and I pull myself around and say ‘we have to go on to help others in the same boat, other disabled people’,” Jayson, 52, tells me when we speak again. “I try and use adrenaline to keep going.”

The “small successes” Jayson describes have allowed the couple to so far keep paying the rent. In April 2013, they successfully applied for Discretionary Housing Payments (DHP), the emergency short-term fund designed to assist some disabled people affected by the policy, and by April 2014 – one year on – were deemed fully exempt from the bedroom tax at their local tribunal. But the success proved short-lived. Three months later, the Department for Work and Pensions (DWP) had applied to overturn their win.

“We were over the moon and then when the judge said the DWP had decided to challenge it…we just felt deflated. I didn’t know what to do,” Jayson says. “They won’t let it rest.”

“If the DWP overturn the tribunal ruling, we might be liable for the two year backdated bill,” Jayson adds. “It could be £1, 500.”

This sort of looming threat marks the uncertainty the couple have had to live with over the past two years. Charlotte tells me she thinks about what will happen to her if they’re forced to move to a one-bed flat.

“I’m frightened one day I won’t be able to stay in my home simply through not being able to afford to pay the bedroom tax,” she says. “I’m frightened I’ll be forced to go into a nursing home.”

“Charlotte’s been hit so hard,” Jayson adds, “Much worse with being disabled. Worse than me.”

With the DWP challenging their exemption from the policy, they are pinning their hopes on a Supreme Court win. It will be a long wait. Jayson emails a week later to tell me they have been given their court date: “March NEXT YEAR,” he writes.

“The silver lining on the late date I suppose is that we can hold the next government – if there is a different one – to its promises if they’re a more left wing one,” Jayson adds. “We’re happy to have weathered the fight this long… Two years.”

 

***

 

The long fight is familiar to Pamela and Jim Hardy*. Pamela, 43, has Multiple Sclerosis and is full-time carer to her husband, who has both mental and physical health problems, as well as their ten-year-old daughter, Katie. I first spoke to the family back at the start of last year when – with arrears of £400 – they had watched themselves become a stat in the mounting bedroom tax headlines: the one in seven families affected by the policy being handed an eviction notice.

In their struggle to keep their home, Pamela and Jim Hardy exemplified the complex – often senseless – elements disabled social housing tenants hit by the bedroom tax have had to maneuver: a flawed central government decision to bring in the policy and a local council and/or housing association refusing to offer support.

Settled within their three-bed house, the family had been put in the property seven years ago by their housing association as a “medical move”. Despite this and the fact that both Pamela and Jim’s doctors report their individual conditions mean they need to sleep in separate bedrooms, because they’re married – just as the Carmichaels found – the bedroom tax means the extra room is classified as “spare”.

At less than 50 foot square, it is barely a box room, and legal advisers say it’s illegal to call it a bedroom. Medical test units sit squashed against the bed and a small cupboard is full of boxes of stored medication and controlled drugs that need to be kept locked away. With ten-year-old Katie in the house, there’s nowhere else to safely store it all.

The family had applied for a discretionary housing payment to help cover the rent but, after one short-term approval, the council repeatedly turned them down.

“They said we should work, get a lodger, or look for a smaller house,” Jim, 50, tells me when we speak again in the New Year.

It’s this sort of dire understanding of disability that saw their council also repeatedly count both Jim and Pamela’s Disability Living Allowance (DLA) as “income” when assessing the family’s need for a DHP. This contravenes the principle behind DLA: that it is there to meet the additional costs of disability a person may have in terms of care and mobility and as such, by nature, cannot be viewed as “spare money”. Disabled people struggling to pay the rent while needing money for anything from specialist transport to care assistants end up being seen by local councils as comfortable tenants with spare cash.   

Just last week, a disabled couple successfully challenged their council for using this DLA calculation. In what was said to be a landmark High Court judgment, it was ruled that Sandwell Borough Council's decision to count the disability benefit as income when assessing applications from people affected by the bedroom tax for a DHP was unlawful and amounted to a breach of the Equality Act 2010.  

This ruling may be the first step in tackling what has emerged over the past two years as yet another perverse aspect of the bedroom tax: that disabled people – repeatedly pointed to by the coalition as the intended recipients for DHPs – have actually ended up less likely to receive help than non-disabled tenants. It’s resulted in a two-tier bedroom tax on disability. Already penalised for needing an extra room, they are then penalised for receiving disability benefits.  

It was similar senseless action that, at the same time, saw Pamela and Jim issued with a court date for May 2014 – despite receiving no warning an eviction notice was coming (something their legal advisor says breeched the pre-action for eviction of tenants by social housing providers) and their third DHP application still being processed.

Jim tells me that it was only through turning to legal representation that their eviction was eventually stayed.

“Today we luckily still have our home,” he says. “It was disgraceful how they failed to communicate fairly.”

They’ve since made a formal complaint to their housing association. 

“They tried to close it twice,” Jim says. “They just didn’t accept they had done anything wrong. Really frustrating and not right.” 

But avoiding eviction was little more than temporary relief for the family. The reality of shrinking social security – be it housing, unemployment, or disability care or mobility – is that keeping your ahead above water for a few weeks does nothing to stop the risk of drowning. With the bedroom tax continuing to hit each month and the DHP still being refused, Jim tells me the family resorted to using their DLA to pay the rent extra. It meant siphoning the benefit away from what it was awarded for: extra heating, washing loads, and medical supplements.

“[Our disability benefit] is normally used…to make life and our conditions more easy to manage,” Jim says. “Due to the seriousness of the pain with both of our conditions, many days we’re pretty much house bound [so we use extra heating and washing]. Water bottles are a good extra source of direct pain relief… Kettles are on stand by daily. They’re often used day and night.”

“Due to other personal day and evening problems regarding my condition extra washing loads take place per week,” he adds. “Our bills can be costly.”  

Again, with the help of a solicitor – and the threat to the council of a judicial review on the issue – in May 2014 the family was awarded a DHP for the next year, as well as a back-payment.

This month, with the DHP about to run out, the family find themselves back to where they began: once again applying to the local council for help and waiting to see if they will be able to pay the rent.

“It’s all starting again,” Jim says. “At present, it’s feeling a bit daunting. We’ve heard the amounts for DHPs have been reduced. It’s like a dark cloud’s looming nearby.”

 

***

 

The wait is part of the battle. Jay Henderson, 50, had a stroke in 2013 and her ex-partner, Ken, became her full time carer. The deterioration in Jay’s health was brutal. The stroke left her unable to communicate and with severely restricted movement. She now relies on Ken’s help for basic needs, be it washing or dressing, and preparing food. But it was delays in Jay’s disability benefits being awarded – both Personal Independence Payments (PIP) and Employment and Support Allowance (ESA) – that left them at their “wit’s end”.

When I last spoke to Ken back in February 2014, they had been stuck in the benefit backlog for eight months. Despite the fact the assessment period of ESA should last no more than thirteen weeks, Jay had been left for seven months – having to live on the lower “assessment” rate in the meantime. With no other support coming in, the electricity bill was in arrears and the phone – a lifeline if Jay needed to go to the hospital – was due to be cut off. They were existing on charity food parcels from a local food bank.

“We’re working tirelessly to try to improve Jay’s health and getting to the point when she was getting her benefits was [another] enormous struggle,” Ken, 50, says when we talk again a year later. “The struggle wasn’t only financial but also trying to get any response from the DWP and Atos. We kept getting fobbed off, even with different agencies contacting them on Jay’s behalf and us contacting the head of Atos.” 

“The whole process has taken its toll,” he says.

Jay and Ken are one of the many victims of what has developed into a widespread crisis in the disability benefit system. It’s two years this week since PIP began its rollout to replace DLA, the outgoing benefit to cover care and mobility needs, and the process has been characterized by false rejections, backlogs, and year-long delays – with parliament's public spending watchdog dubbing the government's handling of it “nothing short of a fiasco”. Almost 200,000 disabled and chronically ill people are currently stuck in a backlog waiting to be assessed. This is before a national-roll out has even begun (the DWP have been forced to delay that, as well increase predictions for how long people would have to wait for support or even get an assessment). At the same time, ESA backlogs could take as long as 18 months to clear, according to its new private provider. Maximus, who took over the “fitness to work” contract from Atos last month, say it will have to conduct one million assessments this year – a test MPs call crude, simplistic and a “stressful and anxiety-provoking experience”.

This mass “reform” of the system means, like Jay and Ken, many disabled and chronically ill people are having to simultaneously go through both benefit processes – so, with delays in both, all sources of income are taken at once.  

Ken tells me that despite “many phone calls and emails”, it was in contacting their local MP, Christopher Chope, in March 2014 that they finally got somewhere. Within two weeks, PIP paid out and another two weeks, ESA arrived too.

“We have to thank Christopher Chope but what a shame that’s the route we had to take,” Ken says.

This sort of “last ditch” effort is one I hear from many people going through the coalition’s disability “reforms”, whether it’s writing to local MPs – and hoping for a response – or attempting to gain the attention of someone higher up. Jayson Carmichael tells me a television reporter recently challenged David Cameron on his and Charlotte’s case.

“He said he'd look into it and we did get a letter from him. He said that DHPs were available to vulnerable people,” Jayson says. “We know now Cameron won’t change anything.”

Against a backdrop of media reports – and ministerial rhetoric – of the apparent ease of gaining disability benefits, the reality is often a long, desperate attempt for someone in authority to listen.

Jay Henderson has been battling the process without being able to say more than one or two-word sentences. Her lack of movement in her right side means she’s also unable to write. Ken describes it as her knowing “what she wants to say” but struggling “to express it”. When I speak to them, it is Ken that talks – often attempting to get across what Jay wants to express. Without his help, it’s hard to imagine Jay wouldn’t still be left without state support.

“The system still hasn't changed,” Ken says. “The system is seriously broken and if any company was to operate like this they would surely go out of business. No one is accountable. It's immoral.”

“I feel sorry for the people still going through what we went through. The benefit system’s affecting so many vulnerable people, how can it continue? Iain Duncan Smith should be ashamed but instead tries to justify his actions.”

“Is there a real answer to this problem?” he says. “Things seem to be getting worse.”

*Some names have been changed

Frances Ryan is a journalist and political researcher. She writes regularly for the Guardian, New Statesman, and others on disability, feminism, and most areas of equality you throw at her. She has a doctorate in inequality in education. Her website is here.

Ralph Steadman for the New Statesman.
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Tim Farron: Theresa May is "the prisoner of the Ukip wing of her party"

The Liberal Democrat leader on his faith, Blairism and his plan to replace Labour as the opposition. 

This is Tim Farron’s seventh general election. His first was in 1992, when his Tory opponent was a 36-year-old called Ther­esa May. He was just 21 and they were both unsuccessful candidates in the Labour fortress of North-West Durham. He recalls talking “to a bunch of ex-miners who weren’t best pleased to see either of us, some kid Liberal and some Tory”. Now he sees his former and current opponent as “the prisoner of the Ukip wing of her party . . . I think it has rendered Ukip almost pointless – she is Ukip now.”

May was elected to parliament in 1997, but it took Farron until 2005 to join her. She leads the dominant Conservatives while he heads a party of only nine Liberal Democrat MPs. Still, their reversal of fortunes gives him hope. “After the 1992 election, every­one said there’s no way for a non-Tory government, and it turned out there was. So let’s not assume it’s a given there’s a Tory government [for ever].”

In April, I accompanied Farron to Manchester Gorton, in the lead-up to a by-election that was cancelled by May’s decision to call a snap election on 8 June. Still, the 46-year-old’s party has been in campaign mode for months; Lib Dems spoke of using last December’s Richmond Park by-election to test their messaging. It clearly had an effect: the incumbent Conservative, Zac Goldsmith, lost to their candidate, Sarah Olney.

Brexit, to which the Liberal Democrats are vehemently opposed, will be a dominant theme of the election. Their party membership has just exceeded 100,000, close to an all-time high, and they have enjoyed much success in council by-elections, with more to come in the local elections of 4 May.

However, any feel-good factor swiftly evaporated when Farron appeared on Channel 4 News on 18 April. He was asked by the co-presenter Cathy Newman whether or not he believes that homosexuality is a sin, a question that he answered obliquely in 2015 by saying that Christianity started with acknowledging that “we’re all sinners”.

This time, he told Newman, he was “not in the position to make theological announcements over the next six weeks . . . as a Liberal, I’m passionate about equality”.

The Channel 4 interview divided opinion. One Liberal politician told me that Farron’s stance was “completely intolerable”. Stephen Pollard, the influential editor of the Jewish Chronicle, described it as
“a very liberal position: he holds certain personal views but does not wish to legislate around them”. Jennie Rigg, the acting chair of LGBT+ Liberal Democrats, said it was “as plain as the nose on my face that Tim Farron is no homophobe”.

Farron declined the chance to clarify his views with us in a follow-up phone call, but told the BBC on 25 April: “I don’t believe that gay sex is a sin,” adding, “On reflection, it makes sense to actually answer this direct question since it’s become an issue.”

For his critics, Farron’s faith and politics are intertwined. He sees it differently, as he told Christian Today in 2015: “. . . the danger is sometimes that as a Christian in politics you think your job is to impose your morality on other people. It absolutely isn’t.”

Tim Farron joined the then Liberal Party at the age of 16 but didn’t become a Christian until he was 18. Between completing his A-levels in Lancashire and going to Newcastle University to read politics, he read the apologetics, a body of Christian writing that provides reasoned arguments for the gospel story. “I came to the conclusion that it was true,” he told me. “It wasn’t just a feel-good story.”

In speeches, Farron now takes on the mannerisms of a preacher, but he had a largely non-religious upbringing in Preston, Lancashire. “I don’t think I’d been to church once other than Christmas or the odd wedding,” he says. “I went once with my dad when I was 11, for all the good that did me.”

When we meet, it is Theresa May’s religion that is in the spotlight. She has condemned the National Trust for scrubbing the word “Easter” from its Easter egg hunt, a row it later emerged had been largely invented by the right-wing press in response to a press release from a religious-themed chocolate company.

“It’s worth observing there’s no mention of chocolate or bunny rabbits in the Bible,” Farron reminds me. “When people get cross about, in inverted commas, ‘us losing our Christian heritage’ they mean things which are safe and comfortable and nostalgic.” He pauses. “But the Christian message at Easter is shocking, actually, and very radical.”

British politics is tolerant of atheists (such as Ed Miliband and Nick Clegg) alongside those who, like David Cameron, are culturally Christian but whose faith is “a bit like the reception for Magic FM in the Chilterns: it sort of comes and goes”. But the reaction to Farron’s equivocation on homosexuality prompted many to wonder if a politician who talks openly about his faith is now seen as alarming. Nebulous wishes of peace and love at Christmas, yes; sincere discussions of the literal truth of the Resurrection? Hmm.

Tim Farron’s beliefs matter because he has a mission: to replace not only Jeremy Corbyn as leader of the opposition but Theresa May in Downing Street. Over lassis at the MyLahore curry house in Manchester, he tells me that Britain is facing two calamities. “One is Brexit, indeed hard Brexit . . . and the other is a Tory government for 25 years. We have to present a genuine, progressive alternative that can not only replace Labour as an opposition, it can replace the Tories as a government.” This is ambitious talk for a party with nine MPs. “I understand the ridicule that will be thrown at me for saying those things: but if you don’t want to run the country, why are you in politics?” He pauses. “That’s a question I would ask most people leading the Labour Party at present.”

What does he think of May, his one-time opponent in North-West Durham? “She strikes me as being very professional, very straightforward, somebody who is very conservative in every sense of the word, in her thought processes, her politics, in her style.” He recalls her 2002 conference speech in which she warned Tory activists: “Our base is too narrow and so, occasionally, are our sympathies. You know what some people call us: the nasty party.”

“In many ways, she was the trailblazer for Cameron in being a softer-focused Tory,” he says. “It now looks like she’s been trapped by the very people she was berating as the nasty party all those years ago. I like to think that isn’t really her. But that means she isn’t really in control of the Conservative Party.”

Voters, however, seem to disagree. In recent polls, support for the Conservatives has hovered between 40 and 50 per cent. Isn’t a progressive alliance the only way to stop her: Labour, the Liberal Democrats, the Greens, the SNP and Plaid Cymru all working together to beat the Tories?

“Let’s be really blunt,” he says. “Had Jeremy Corbyn stood down for us in Richmond Park [where Labour stood Christian Wolmar], we would not have won. I could have written Zac Goldsmith’s leaflets for you: Corbyn-backed Liberal Democrats.

“I’m a pluralist,” he adds. “But any progressive alliance has got to be at least equal to the sum of its parts. At the moment, it would be less than the sum of its parts. The only way the Tories are losing their majority is us gaining seats in Hazel Grove –” he ticks them off with his fingers, “– in Cheadle, in the West Country and west London. There’s no chance of us gaining those seats if we have a kind of arrangement with the current Labour Party in its current form.”

What about the SNP? “Most sensible people would look at that SNP manifesto and agree with 99 per cent of it,” Farron says. “But it’s that one thing: they want to wreck the country! How can you do a deal with people who want to wreck the country?”

There’s no other alternative, he says. Someone needs to step up and offer “something that can appeal to progressive younger voters, pro-Europeans and, you know, moderate-thinking Middle England”. He wants to champion a market economy, strong public services, action on climate change, internationalism and free trade.

That sounds like Blairism. “I’m a liberal, and I don’t think Blair was a liberal,” he replies. “But I admire Blair because he was somebody who was able to win elections . . . Iraq aside, my criticisms of Blair are what he didn’t do, rather than what he did do.”

Turning around the Tory tide – let alone with just nine MPs, and from third place – is one hell of a job. But Farron takes heart from the Liberal Party in Canada, where Justin Trudeau did just that. “I’m not Trudeau,” he concedes, “He was better-looking, and his dad was prime minister.”

There is a reason for his optimism. “I use the analogy of being in a maze,” he says, “You can’t see a way out of it, for a progressive party to form a majority against the Tories. But in every maze, there is a way out. We just haven’t found it yet.” 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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