Saturday, 28 March 2015

Election 2015 - Quick, Get the Crips Out of the Attic...




In a perfect example of disabled people being thought of as solely useful as a PR gimmick, Esther 'they get better' McVey's electoral leaflet features a prominent picture of her alongside several of the disabled people from the charity People First England (which promotes the voice of people with learning disabilities) who campaigned for our voices to be heard at the Tory party conference.



Which is nice, as we were never first in her thoughts when she was Minister For Disabled People. Of course it would have been nicer still if she had checked they were okay with that, or if they even supported the Tories. Kaliya Franklin (@BendyGirl) of People First England (on the scooter next to McVey in the picture), noted "We expected the photo to be on a website, or even used by DWP. But not in party campaign material" and speaking through their twitter account (@People1stEng) People First England stated "It's positive to see voters with learning disabilities on the front of the former disability minister's campaign material. We want to encourage everyone to use their right to vote. So we look forward to a version of this leaflet in Easy Read. Campaign information should be accessible to all, especially when it features voters with learning disabilities. We'd like to make it clear that we are a non partisan organisation. We do not support any party or candidate"

So given McVey was so quick to take advantage of intellectually disabled people, will she be equally quick to take up their challenge to produce a version of the leaflet in Easy Read? (Not that DWP have ever been quick off the mark to produce any of their disability related documents and forms in accessible formats). And next time she wants to use disabled people as a PR gimmick will she pay us the courtesy of assuming we're adult enough to need asking for permission, not little children with a voice that doesn't count?

 (And it occurs to me that given the Tory gagging of charities under the pre-text of  limiting lobbying, it would probably have been illegal for People First England to campaign in such a party-political fashion, but McVey is perfectly okay with using them to do it for her without their permission).

Friday, 27 March 2015

Tory Cuts: As Bad as we Feared



 When the Chancellor, George Osbourne, refused to detail in the budget what observers estimated as £12Bn of cuts required for his plans for the next parliament to work, we all knew the likelihood was the Tories were going to trash disability benefits again. Those cuts have now leaked, and they are everything we feared.

The proposed cuts (with 'savings' per annum where known) are:

Industrial Injuries Compensation Scheme: companies to be made to pay instead. Of course this then puts the onus on the injured party to sue their employer when they refuse to pay out. They're supposed to use an insurer, but consider the history of Unum Provident and their 'disability denial mills'. £1Bn

Carer's Allowance to be restricted to people eligible for Universal Credit. 40% of carers to lose eligibility at a stroke. £1Bn

Contributory Employment Support Allowance (ESA) and Contributory Job Seeker's Allowance (JSA) to be means-tested, meaning 300,000 families losing £80 a week (and then you get to a year and lose everything through time-limiting). £1.3Bn (Edited to add:) The Institute for Fiscal Studies have pointed out this effectively means the abolition of cESA and cJSA, all unemployment claims will be treated on basis of the means-tested basis of Income-Based ESA or JSA, meaning your National Insurance contributions mean nothing.

Disability Living Allowance, Personal Independence Payments and Attendance Allowance to be taxed. £1.5Bn

Council Tax Support merged into Universal Credit.

Child Benefit only for first two children. £1Bn

Regional Benefit Caps to be introduced. Cameron already wants to cut the maximum benefits payable from £26,000 to £23,000, under this proposal only those in London would get that amount, the rest of the country would get less. (And to be fair to the Tories, Labour's Ed Balls is in favour of this one, though many Labour MPs aren't).

The comments in the BBC article are worth noting.

IDS's spokesman: "Officials spend a lot of time generating proposals - many not commissioned by politicians. It's wrong and misleading to suggest that any of this is part of our plan."

BBC: "The leaked documents were prepared by civil servants and commissioned by Conservative Party officials."

I think that's BBC-speak for 'Liar, liar, pants on fire!'

Friday, 6 February 2015

So It Turns Out We Can’t Trust Labour on the ILF



For almost a fortnight chaos and confusion has reigned over Labour’s position on the ILF. There has been persistent pressure on the party to make a clear statement of support for the ILF and to clarify that they will retain it if they take power after the election, and people initially thought that Ed Miliband had finally clarified that Labour does indeed support ILF and will retain it when he spoke at an event in Staffordshire on Monday 26th January. Labour candidates tweeted that the ILF was safe with Labour, and I actually had a senior local Labour figure on my doorstep telling me precisely that a couple of days ago when I said my support for the party was dependent on them supporting ILF.

Sadly I had to tell him that this wasn’t the case, that the Disability News Service and others had been chasing party central for a clarification, and were instead meeting evasion - Miliband causes chaos with answer on ILF closure. We finally got an answer yesterday, when an email from Kate Green (Labour’s Shadow Minister for Disabled People) emerged in which she tells a constituent that it ‘is not Labour’s position to retain the ILF’. Labour finally admits: ‘We won’t save the Independent Living Fund’ That Labour were evading committing themselves to media sources, but admitted the truth behind their policy in an email to a constituent, looks like incompetence at best, and the evasion inevitably raises suspicions that they have things to hide.

The email does say there is a “real opportunity, and indeed a pressing need, to develop a sustainable model of provision for the most severely disabled people within the integrated health and social care landscape that [Labour shadow ministers] Andy Burnham and Liz Kendall have been articulating, rather than continuing with a standalone fund”, which is all well and good, but that is a solution that will take at best months and more likely years to have in place, and the ILF is due to be wound up in June, a month after the election. Nor does 'sustainable' augur well for the budget, it's often code for cuts to come. Even if we can trust Labour’s intentions, which frankly is yet to be demonstrated (and evasion by major party figures certainly doesn’t give anyone the warm fuzzies that trust is warranted) the timescale means that Labour needs to commit itself to supporting the ILF until a replacement in place, and make that commitment now. Arguably what Green talks about is no different to the winding up of ILF underway with the Tories, which transfers the funding to local authorities – integrating it with other council social care functions - but does not ringfence the funding, meaning disability care will inevitably be asset-stripped for more politically popular projects, and until she, or her boss Rachel Reeves, Shadow Work and Pensions Minister, or her boss, Ed himself, clarify the situation, we have to presume that ILF will be closed down under Labour in precisely the way the Tories have currently planned, leaving the most disabled of all disabled people with significantly reduced levels of care for a period of years.

DPAC are calling for people to email their MPs and to support a petition to Ed Miliband and Ed Balls calling on Labour to protect the ILF.

So we’re left with the bizarre situation where Labour oppose the Tories closing the ILF because they want to close it themselves. With such a mind-boggling position, is it any surprise that they have shied away from a formal policy announcement? And if we can’t trust Labour to be frank on so basic an issue as to whether or not they support ILF, how can we trust them on any other area of disability policy?

Thursday, 5 February 2015

Does Universal Credit herald the end of Medical Privacy?



It would seem difficult for IDS's Universal Credit to become any more farcical, but under the DWP's latest change to the rules, your medical records are open to all. Well, not quite all, but a quietly introduced amendment snappily titled as the Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2015 means that from 13th February IDS will be allowed to share the medical information of any Universal Credit claimant with any or all of: Local Authorities, charities working with DWP, the Citizen's Advice Bureau, Credit Unions and Social Landlords*, and do it without asking your permission.

The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012 being amended state:

7.5 Being able to share person’s data without needing to seek their consent every
time will help to speed up decision making, make the process of applying for a local
benefit or service much simpler for the individual, and ease the administrative
arrangements by removing the need to collect and record consent.

While their Privacy Impact Assessment notes:

2.5 The effect of these legal changes means that in relation to the purposes described, it will no longer be necessary to first obtain the consent of the person whose data is being shared.


(We should probably have been concerned when the original regulations went through, but it has taken the Amendment to draw them to people's attention. The sheer scope of Universal Credit means that the number of people potentially falling within the scope of the Regulations has just massively increased).

The Assessment also notes:
4.17 For the purposes set out in the 2012 regulations, we expect the total volume of data being shared to be significant.

And the figures given across a variety of areas imply that even before incorporating Universal Credit claimants the provisions for data sharing without prior permission were likely to affect at least one, and possibly several, million people per year.

For more on this, see the Guardian's article: A governmentagenda to dehumanise benefit claimants and Stephen Sumpter (@LatentExistence)'s piece Need benefits? Say goodbye to privacy, but while the immediate concerns are bad enough I want to look at what this could mean in practise and, particularly, the potential longer term impacts.

* For clarity, 'social landlord' excludes private and for-profit landlords, but includes practically everyone else in the housing market, whether housing associations, not-for-profit organisations, charities or whoever.

In Practise

For the moment the fiasco that is Universal Credit means there should only be limited impact for disabled people, as we have all allegedly been declared too complex for the system to cope with, but IDS appears to be making every effort to make it impossible for the next government, whoever they are, to back away from fully implementing Universal Credit, and the longer term aims are that Universal Credit will eventually spread its tentacles to enmesh: child tax credit; housing benefit; income-related ESA; income-based JSA; income support; parts of the social fund; and working tax credit - in other words practically every working-age adult in the country, including those in work, is going to end up with a Universal Credit claim of one type or another (DLA and PIP are currently excluded - but how long will that remain so?). A lot of these claims will require you to tell DWP about medical conditions and disabilities, in particular ESA (and JSA if you're disabled but able to work) will deliver practically a complete medical history into DWP's sweaty hands.

Now even organisations with a long term responsibility for medical privacy often make a complete arse of it, Big Brother Watch uncovered 2500 patient data breaches within the NHS on an annual basis, including data being stolen, posted on social media (50 cases a year!) and so on down to plain old-fashioned gross incompetence. And that is from an organisation focussed on medical confidentiality, with training and procedures in place and with a full understanding of its legal liabilities. DWP meanwhile is planning to hand medical data over to organisations which have never previously had the responsibility for holding medical data and all the extra legal responsibilities that brings under the Data Protection Act. Some of these organisations should hopefully have data protection policies and data controllers in place, but even for those DWP are talking about handing them data which raises their legal obligations to a much higher level. For organisations that have never held medically sensitive information, such as small employment-focussed charities, credit unions or social landlords, are they even going to be aware of their legal liabilities? Are their staff trained? Are their staff likely to have appropriate attitudes? Do they even need this information?

While there may well be cases in which people are happy for data to be shared, the reality is that a lot of DWP's existing knowledge of medical conditions and disability was given to them under the presumption that the data would remain within the organisation (as the Data Protection Act can reasonably be assumed to require) and in many cases was given with extreme reluctance in the face of an overtly abusive system (been there, done that). And the instant you have a change of circumstances that results in you falling into the clenches of Universal Credit, DWP has just written itself a get out-of-jail-free card that allows it to legally share that information with anyone it wants.

Longer Term - Where Will This End?

While people have been focussing on the immediate impact of this change, I think we also need to look at what it might mean in terms of what we know about DWP's longer-term data-sharing objectives. We have already seen individual DWP sponsored projects making a bid for direct access to our medical records, potentially for use in enforcing treatment as a condition of benefit receipt, we know DWP applied for access to the Hospital Episode Statistics database (summarising the details of every hospital stay) because it was one of the requests HSCIC turned down as too unreasonable to consider, at the same time they were freely handing the data over to insurance companies for use in price-setting. Meanwhile the Health Select Committee speculated that DWP will seek access to Care.Data, the controversial national database hoovering-up every patient's medical records from their GPs for research purposes (including commercial research purposes).

Outside of medical data, DWP's own Open Data Strategy states:

33. DWP is actively supporting the development of the National Fraud Authority‟s (NFA) intelligence sharing roadmap. IRIS will form one of the public sector hubs which will facilitate new data shares with other public and private sector counter-fraud bodies. DWP are continuing to work closely with the NFA in designing the intelligence sharing architecture and the legal framework.

And

39. DWP will ensure that the Universal Credit ICT system will support the production of aggregate data for use and re-use by industry and academia through open publication

And, getting back to health,

43. The publication of anonymised fit note data could provide healthcare professionals, individuals, employers and service providers (eg the occupational health sector) with an indication of the volume and content of fit notes at aggregate level. This in turn should help improve management of sickness absence and drive innovation in the occupational health and rehabilitation sectors

48. Linking welfare data sets. The Government will consider opportunities for linking welfare datasets to other government and commercial datasets to increase their value to industry.

49. Industry consultations have indicated that many data sets held by DWP have a high market value. However, this value would be enhanced in combination with commercial and other public data sets.

Equally, discussions at the Government-sponsored datasharing.org have had a significant focus on integration of DWP and HMRC datasets for use in a counter-fraud role. Combating fraud may be necessary, but many benefit claimants, myself included, know from first hand experience that DWP's response to alleged fraud tends to be intimidate first, ask questions later, no matter how ludicrous the accusation, no matter how damaging the consequences. When DWP attitudes towards data-sharing are primarily driven by their punitive use or commercial value, that makes extension of data under their control increasingly problematic.

The regulations under discussion here, together with the attitude to 'Big Data' shown above, betray the attitude to privacy that DWP is likely to bring to bear on HES or Care.Data if it ever gains access to them, and the threat that exists to what medical data it already holds. If DWP does gain access to HES/Care.Data, and we know that it wants access to this kind of data, then the (less than convincing) anonymity of HES and Care.Data is instantly compromised as the information is useless to DWP unless they decrypt individual identities and jigsaw the information with their own databases. This will create a situation in which every citizen's medical records transition into the hands of an organisation that, rather than seeing privacy as an obligation, sees itself in a punitive/data broker role and doesn't just want to share data, but is re-writing the law to ensure it can, no matter what the Data Protection Act might say. If DWP get their hands on our medical data on a national scale, then Medical Privacy in any real sense may cease to exist.

Tuesday, 20 January 2015

Benefit Cuts for People with Depression Who Refuse Treatment Are Barbaric and Misunderstand the Problem

According to the Express, the DWP is planning to cut benefits for people with depression or anxiety who refuse treatment.
A senior Government source said it was “bizarre” that a lot of ESA claimants with treatable mental health problems undergo no treatment whatsoever, according to the Sunday Telegraph.
“These are areas we need to explore. The taxpayer has committed a lot of money but the idea was never to sustain them for years and years on benefit. We think it’s time for a rethink,” the source said. 
“At some point something has to be done. Right now it’s an open ended contract.”
This is a seriously misguided policy, for several reasons:

1) It assumes that everybody with these conditions will respond positively to treatment. Having been under treatment of one kind or another for mental health problems for more than half my life, I can say with some authority that finding the right treatment is usually a combination of luck, experimentation and circumstance. Many people go through a range of anti-depressants, for instance, at a range of different doses, before they find the one that actually helps (and doesn't make things worse). If they find one that helps at all.

Many people aren't willing to go through the plethora of unpleasant side effects and repeated disappointment that are associated with trying yet another pill, and they shouldn't be punished for this.

Similarly with therapies; some are suitable for some conditions and some people, others are entirely inappropriate. 

2) This policy assumes that treatment is available for everybody. A whole lot of people who have tried to get 'talking therapy' treatments find they are unavailable, or they have a loooooooong waiting list that they won't ever reach the top of. 

3) We need to retain absolute autonomy over our bodies and our minds, and that includes having a choice over taking pills or letting professionals prod into our psyches. There are many, many good reasons that people may resist interventions, including having faced force or increased oppression in their previous experiences with mental health services. Forcing people into this system - especially if it has already let them or their loved ones down - will do far more harm than good.

4) No therapy or counselling will work if, for whatever reason, the client hates the idea. It just won't. 

This is a policy that is not only wrong-headed, it risks doing further harm to people who are already vulnerable. Cutting someone's financial lifeline because they can't bear to try yet another tablet or because they're scared to undergo counselling after their last counsellor was transphobic or tried to cure them of their gayness, or simply because they don't feel ready to face the issues that trouble them, is barbaric. 

Friday, 24 October 2014

An Open Letter to the LGBT+ Community

I went to see Pride last week. Yeah, I know it was released a month earlier but my dad was in hospital at the time so I was mostly just seeing the A12 as I drove up and down it.

It was a period of British history that I know very little about: I was only 5 in 1984. I heard mumblings about miners; but what 5 year old actually pays attention to the news? And it was certainly a long, long, time before I realised I was gay.

I went to see the film after 3 nights of no sleep because of a shoulder injury. Due to the sleep deprivation I was just a tad over-emotional. I spent the whole film alternating between laughing and crying, and was in floods of happy tears at the end. The second the house lights came up I had to make a dash for the nearest toilet to hide until my red splotchy face looked less red and splotchy.

The miners were probably the hardest hit during that particular 4 year term of office. And it was deeply heartening to hear a story about another oppressed group the government loathed - the LGBT community - coming to the support of others in solidarity just because it was the right thing to do.

But after the film I couldn't shake the thought "where are the LGBT community now while disabled people are being kicked even harder than the miners were then?"

The Centre for Welfare Reform calculated that severely disabled people will be hit 19 times harder by the cuts than other people. So many cuts that even I probably can't remember to list them all. But here are just the ones I can think of off the top of my head:

  • The creation of Personal Independence Payment to replace Disability Living Allowance. The intention was to reduce the budget by 20% by making the criteria stricter. DLA is only paid to meet care needs and mobility needs. It's to be spent on things like wheelchairs and having someone help you out of bed in the morning. Not exactly luxuries that a disabled person can cut back on. Did you know that now if you can walk a mere 21 metres you probably won't get that help to put towards buying a wheelchair? With the DWP and the private firms hired to carry out the medical assessments unable to organise a proverbial in a brewery; people are waiting for up to a year for their application to be processed and there are 145,000 people waiting for support they need to function.
  • Employment and Support Allowance is the benefit for people too ill or impaired to work. There are 394,000 people waiting to have their application for that processed. 394,000 waiting to put food on the table. Such an appalling system that we regularly read about people who were so ill that they died of their condition while allegedly "fit for work". Larry Newman and Cecilia Burns are just 2 of those people. The company doing the fitness for work assessments got it so wrong so often that 40% of appeals against their decisions were successful.
  • Two thirds of households affected by the bedroom tax contain a disabled person.
  • In most parts of the country; working age benefit claimants have had their Council Tax Benefit cut by 10%.
  • At the moment there's something called the Severe Disability Premium. It's not a benefit in its own right; it's a top-up premium on top of ESA/Income Support. The clue as to who is eligible is in the name: Severely disabled people. The eligibility criteria are so complex that only 230,000 people in the whole country are eligible. Under Universal Credit; the SDP is being abolished completely. Not made a bit stricter: Abolished.
  • The Independent Living Fund, which allows 18,000 disabled people with the highest care needs to live in the community, is being closed next year.
  • Social care is being cut to the point that continent people are being told to use incontinence pads because they're no longer allowed help to go to the toilet. Once I caught the local news while at my dad's house. A representative of Norfolk Council actually went on TV and said "we're cutting things like adult social care in order to preserve popular services like libraries." Disabled people are so loathed that council officials can go on TV and say that with their head held high.
  • We're all aware how this government made it more expensive to get an education. Did you know that Disabled Students' Allowance, which pays for things like Deaf students to have a BSL interpreter, is being cut? They recently announced these cuts are being postponed. Not cancelled, just postponed.
  • Access to Work, a scheme which funds support to allow disabled people to function in the workplace, has been utterly screwed up. Jess and Julie have both written recently about how these cuts are jeopardising their jobs. They are far from alone.

And these are only the cuts so far. Recently we've heard how the Tories want to cut housing benefit for 18-21 year olds, freeze working age benefits (which will affect disability benefits, despite Osborne's claim at the Tory conference), and pay benefits by cards instead of cash. Then IDS wants to charge income tax on support to pay for wheelchairs and for someone to wipe your butt, despite the fact that many disabled people don't see penny of it because it's immediately deducted to pay for support services. And, of course, Freud let it slip that he wants to be able to pay disabled people only £2 an hour.

Do you remember last Wednesday? It was a great day. For one day the entire country cared about how this government wanted to undermine disabled people's right to the same minimum wage as everybody else. He was the top story for most news outlets, he trended on Twitter all day: And for just one day it felt like the entire nation cared about our equal rights.

Then everyone went to bed that night and by the following morning most people had forgotten about us again. This week disabled people have been in court again fighting the Independent Living Fund closure. Where was the outrage this week that the government want to withdraw the funding that pays for severely disabled people to have food put in their mouths and their butts lifted onto the toilet?

I kind of get it. I mean, in 1984 LGBT people were really oppressed. Relationships weren't legally recognised, the age of consent for gay men was 5 years older than for heterosexuals. AIDS was misunderstood, treatments hadn't been developed, and it was far more stigmatised than it is today. There were no anti-discrimination laws protecting us from being fired for being LGBT or protecting us from being discriminated against by B&B owners when we just want a break for a couple of days.

Now we can get married, the age of consent is equal, HIV is a controllable chronic condition. We do have the legal right to sue our employer if they fire us for coming out at work and we can sue B&B owners who refuse us a room.

In 1984 LGBTs could look at miners and see people who were equally oppressed. The same can't be said of LGBTs looking at disabled people today. Except for those of us who are both LGBT and disabled; most LGBTs have the freedom to have a proper meal every day. The same can't be said for disabled people who are physically unable to cook, can't get social care for someone to help them with that, and so end up eating mostly just crisps. Most LGBTs can have a shower every day. The same can't be said of disabled people who were forced out of their accessible home by the bedroom tax, no longer have an accessible shower, and can only get clean by wiping themselves down with a flannel.

You have to remember that the LGBT community and the disabled community have so much in common in so many ways. We both still experience discrimination, even though it's illegal and we have the law on our side. It's a fight we both face. Hate crime affects LGBT people just like it affects disabled people. Some people are even attacked for being both disabled and LGBT. Both disabled people and LGBT people are massively unpopular with the senior party in the coalition: Not only are the Tories stripping away all the support systems that allowed for the equality of disabled people, but more Tories voted against equal marriage than for it. The law only went through because of supporters in the other parties.

The main difference between the 2 communities I belong to, of course, is society's response. When lesbians were thrown out of Sainsbury's, protesters quickly responded. A few days later a blind woman was kicked out of Tesco. Protesters were nowhere to be seen. Disabled people are more likely to be mocked for going shopping than supported if we get discriminated against in store.

In Pride we see Lesbians and Gays Support the Miners (LGSM) helping to fund and distribute food parcels to the striking miners. Where were the food parcels for David Clapson or Mark Wood? I don't mean to suggest that the LGBT community is in any way responsible for such tragedies for not being more supportive: But the handing out of the food parcels had such a resonance with the issues of today.

The film depicts LGSM getting to work before consulting miners about what it is they actually need. If LGBTs started supporting disabled people (LGBTSDP?); I'd beg of you to ask us how you can help. Disabled people's lives have historically been dominated by non-disabled people thinking they know what's best for us. There's a common saying in the disabled community "nothing about us without us," and that applies as much now as ever. A couple of years ago UK Uncut organised a protest specifically about disability benefit cuts. But because they didn't consult with disabled people for the meet-up arrangements: They chose to meet at a tube station that has no access for mobility impaired people.

Disabled people have loads of ideas for creative ways of challenging the cuts; but we need help to pull them off. We've written films about the ILF closure that we can't find anyone to produce. We organise protests and sometimes only 10 people turn up. There are far more LGBT people with social influence than disabled people. When there's a story like this week's court case we need the help of people with prominence to amplify our message because our collective voice amounts to a mere whisper; where potential LGBT allies have the power to really shout about it. Bronski Beat supported the miners; who is going to support us?

Another very common saying in the disability community is "rights not charity". In Pride LGSM start out their work with the collecting buckets to raise money. At the moment the disabled community is in a paradoxical position: We need to raise money in order to fight for the rights which are being stripped away. Paypal is the 21st century collecting tin and Disabled People Against Cuts are currently asking people to donate 50p to carry on their excellent campaigning.

Pride was a beautifully told story of the LGBT community rushing to the support of those who really needed it. I can't wait for it to come out on DVD so I can watch it again. But ever since seeing it I haven't been able to shake the slight feeling of sadness. There have been so many wonderful changes in the last 30 years that have benefited both communities I belong to. As a disabled person I first had the Disability Discrimination Act, which then became subsumed by the Equality Act. As a gay person I also have protection under the Equality Act. I can even get married now!

But the passion LGSM had for supporting people whose lives were being utterly destroyed by the government: The film just made me acutely aware that disabled people doesn't have that same support. And as someone with a foot in each community, that awareness is slightly frying my brain.

So, LGBT community. Please help us. Our equality, our independence, our jobs, our education, and even our lives depend on winning this fight.

Wednesday, 15 October 2014

Not Worth It

You'd have to be away from all means of communication today to have not noticed that Lord Freud thinks that disabled people "aren't worth" the minimum wage. Surprisingly even the mainstream media are outraged; BBC News are leading with it.

I'm not going to go into depth about everything wrong with his initial remarks because it's already been covered extensively. If you're looking for comment pieces on his original remarks, I recommend this from Frances Ryan, or this from Richard Exell.

The only things I have to add on the subject of his initial statement are these:

  1. He's not the first Tory to say this during this term of government. Philip Davies said the same thing in 2011. Then there is Cllr David Scott who raised the idea of us being not "worth" it with Freud. It's starting to seem like a common thought in the Conservative party.
  2. Disabled people make more reliable employees than non-disabled people. A report by DePaul University in the US found that disabled people stay with an employer for longer, take less time off, and are "loyal, reliable, and hardworking.". That doesn't sound to me like people who are "not worth" even the minimum wage, does it?
  3. Disabled people currently in work are having their ability to do their job screwed about with by the hideous mess this coalition have made of Access to Work. Read Julie's and Jess's accounts. These are people worth more than the minimum wage, having their capability undermined by an incompetent government.
  4. Over 50,000 disabled people in work may be forced to quit their job by DLA cuts. Again, people who are perfectly good at their jobs being prevented from functioning by a government that aren't good at their jobs.

What interests me more is Freud's piss-take of an apology. He said:

I care passionately about disabled people. I am proud to have played a full part in a government that is fully committed to helping disabled people overcome the many barriers they face in finding employment. That is why through Universal Credit – which I referred to in my response – we have increased overall spending on disabled households by £250m, offered the most generous work allowance ever, and increased the disability addition to £360 per month.

From Spectator Coffeehouse.



We all know that he doesn't give a toss about disabled people. Increased spending on disabled households? Tell that to the 394,000 people waiting for their ESA claim to be processed so they can put food on the table. Or the 145,000 people waiting for their PIP claim to be processed so they can afford to pay for a wheelchair or for someone to get them out of bed in the morning. Or the bedroom tax victims: Three quarters of whom have a disabled person in the family. Or the people who currently get DLA because they're only capable of walking less than 50 metres, but will lose it under PIP because they can walk more than 20 metres. Or all the terminally ill people who've been deemed "fit for work" like Larry Newman or Cecilia Burns.

And as for Universal Credit increasing spending on disabled households: They're abolishing the Severe Disability Premium under UC. Not replacing it with something a bit stricter - like the move from DLA to PIP - they're just abolishing it. The country's 230,000 most severely disabled people will be significantly worse off under Universal Credit.

While it's great that the mainstream media are - for a change - coming to disabled people's defence over Freud's original remarks: Why are they accepting his apology without delving into the outright lies it contains?

Edit 16/10/14: Yet another Tory thinks the minimum wage is "A barrier to work". She too presumably was complicit in the DLA cuts which will force disabled people to quit work (the Tories were whipped to vote for cuts.)



Even Mr Money Saving Expert himself thinks disabled people should be exempt from the minimum wage:




Remember yesterday when people thought disabled people were worth it? What a great day. Shame it's "shit on those disableds" business as usual again today.

Sunday, 5 October 2014

Taxing Disability

Not satisfied with canning the lowest rate of Disability Living Allowance (DLA) care, or reducing the distance one can walk from 50m to 20m in order to be able to qualify for its successor benefit Personal Independence Payment (PIP): Iain Duncan Smith now wants to tax DLA and PIP.

The Independent writes:

A government source said to the paper: “It cannot be right that those on the lowest incomes get the same disability benefits as those who are millionaires.


Which on the surface seems fair. I mean, the independently wealthy David Cameron didn't need DLA to buy the basics like wheelchairs for Ivan in the same way that my parents needed it to buy a wheelchair for me, right? He could afford them anyway, without needing extra money to cover the extra costs arising from being disabled.

But there are 4 fundamental problems with this plan. (Which the Indy does note IDS has spoken "on the issue but no official policy announcement has been made.")

1) This won't just apply to millionaires

Yes it is true that more disabled people live in poverty than non-disabled people. A great many disabled people are broke.

But just because someone's earning enough to pay income tax doesn't mean they can miraculously afford to cover all impairment-related costs. It's estimated that being disabled costs on average an extra £550 a month. It's only people on the highest rates of both care and mobility components of the benefit that get more than £550 a month in DLA/PIP (and they only get £2.20 more than that figure of £550). Most people on DLA/PIP are getting far less than £550 a month to cover their extra costs already; they simply can't afford to have money deducted from a benefit that's already not enough to meet their needs.

If you do get the highest rates of both components because you need assistance 24/7 (if you only need help during your waking hours the highest rate care DLA you're eligible for is the middle rate) that comes to £7,178.60 a year. Meaning that you can only earn £2,821.40 in wages before you have to start paying tax.

Even if you only get the lowest rate of £21.55 a week that comes to £1,120.6 a year; meaning that you have to start paying tax after earning £8,879.40.

In other words: Non-disabled people will have a personal tax allowance of £10,000. Disabled people will have a considerably lower allowance on what they're allowed to earn before tax gets deducted from their wages. Equal, huh?

Many disabled people don't even see a penny of their DLA. With the care component taken by the council to pay for someone to get them dressed in the morning, and the mobility component taken by Motability to pay for a mobility aid - whether that's a car, a scooter, or a wheelchair - we're going to see people taxed on money they're not receiving. They can't deduce the tax from the money they're getting in benefit because they're not getting a penny of it.

2) It will hit those on the lowest incomes too

Contributory Employment and Support Allowance, Incapacity Benefit, and JobSeeker's Allowance are all taxable. If the only taxable income you have in a year is cESA; your income will not be enough to pay tax on. At the moment pretty much the only time you'd be paying tax on ESA would be if you'd worked for the first half of the tax year and hit that taxable threshold, and then developed an illness like cancer and had to claim cESA for the second half of the year.

But if DLA/PIP become taxable income too; there's the chance that your combination of ESA and DLA will push you over the personal tax allowance. IDS is lying if he claims this is about making sure those on the lowest income get the most support.

3) Disabled people in work will be pushed out of work

The Disability Benefits Consortium found that over 50,000 disabled people currently in work would have to give up work if they lost their DLA. If DLA pays for someone to get you out of bed in the morning to go to work: You can't work if that DLA is stopped. If DLA pays for your wheelchair to get you to work: You can't get to work if your DLA is stopped.

While taxability is only going to equate to a maximum of 45p in every pound for the highest rate taxpayers; almost all disabled people in work will see bites taken out of their DLA because of the fact that they'll have a smaller personal allowance as I mentioned under point 1. For a lot of people it will be the difference between having help to get out of bed in the morning, and not having help to get out of bed in the morning. For some it will be the difference between having a wheelchair and not having a wheelchair.

The "senior government source" claimed that taxing DLA would raise "several billions". A not very clever senior government source who doesn't have the ability to realise the amount this policy is going to cost them in out-of-work benefits for all the disabled people forced to quit their jobs.

4) It undermines the universality of the welfare state

Yeah, some rich people partake of "legal tax avoidance schemes". But those that do pay their tax know that they're investing in their own future, not just benevolently giving to others. They know that when they reach 65, they'll be eligible for a state pension because it's universal. They know that if they develop cancer, or their heart starts to fail: They'll be eligible to claim contributory ESA because it's universal. They know that if they break their spine in a car accident; they'd be eligible for DLA/PIP to pay for a wheelchair, or for someone to wipe their butt if they have a high level injury and lose the use of their arms.

Yes, under this scheme they'll still be eligible for DLA/PIP; just less of it. It might be the difference between getting their whole £550 extra costs met, or only part of them.

DLA/PIP is fair because it says "we recognise that being disabled is expensive. It doesn't matter if you're comfortably off; we think those extra costs are unfair so we're levelling the playing field for all disabled people." DLA was fair to the Cameron family in meeting some of their extra costs. Extra costs introduced by a discriminatory society that places financial burdens on disabled people that just aren't placed on non-disabled people.

But the "government source" did have a point...

In addition to the universal DLA available to rich disabled people and poor disabled people alike; there currently is some extra financial help available to the poorest of disabled people called the Severe Disability Premium (SDP). SDP isn't a whole benefit on it's own; it's a top-up premium for those getting either Income Support or means-tested ESA. The SDP is being scrapped under Universal Credit.

Until Iain Duncan Smith came plundering along with his incompetency; it was never, ever, the case that disabled people on the lowest incomes got the same as disabled millionaires. It's only now that he's come along with no experience or insight that poor disabled people and rich disabled people will get the same because of his abolition of the SDP.

While I think it's fair that rich disabled people should get DLA because they're still hit with bills that their non-disabled peers don't; the reality is that families with fortunes like the Camerons aren't going to be affected by this cut at all. It's just a drop in the ocean to them. The people who are going to be hit hardest are the disabled people earning £4000 a year who'll suddenly be getting a tax bill because their DLA pushes them over the personal allowance. The people with cancer on DLA and ESA who'll find that those 2 benefits combined will push them over the personal allowance. The disabled people who have to quit the job they love because they can no longer afford to pay for someone to help them out of bed in the morning.

The rich disabled people will just indulge in schemes like those partaken of by people like Jimmy Carr and Gary Barlow. The people who'll really be hurt by these policies will be those who can afford it least. Remember that when the DWP insist that it's a tax only for rich disabled people.

Wednesday, 1 October 2014

Four things from the Conservative Party Conference #cpc14

1) Housing Benefit for 18-21 year olds

In general students are ineligible for housing benefit, but many disabled students are. Which considering that most non-disabled students are able to take a part-time job, but most disabled students aren't it's rather sensible. Because of my impaired mobility I certainly could never have done the bar work or waitressing that my classmates all did. This is a way of levelling the playing field and allowing disabled people to study like their non-disabled peers.

Cuts to Disabled Students' Allowance were announced earlier in the year, though they've recently been postponed.

But now the Tories are planning an extra cut which will hit young people if they win the next election: they're going to prevent 18-21 year olds from claiming housing benefit. Many young people are going to end up homeless; both disabled and non-disabled; and it's going to be horrific. But it's going to have an extra impact on disabled people in that it's going to be yet another barrier in accessing an education that won't hit non-disabled people in quite the same way.

2) Freeze on working age benefits for 2 years

In his speech; Osborne announced that if the Tories win next year, he'll freeze working age benefits for 2 years. He lied outright when he told the assembled crowd and adoring media that this wouldn't apply to disability benefits. Dr Campbell explained on her blog how it definitely will be hitting ESA claimants. Please spread her post far and wide for people who haven't read the fine print of Osborne's announcement and took him at his word when he said it wouldn't apply to "disability benefits".

3) Benefits cards instead of cash

Because IDS doesn't realise that Shameless was a piece of fiction, he's going to be trialling paying benefits by pre-paid cards instead of cash so that people can only spend them on items he deems acceptable; and at stores that have negotiated deals with the government.

So if you live in the village where I grew up, can't use the train station or the buses because they're not accessible, and you don't have a car: You're fucked. Because the chances that the one family-run tiny village shop have got in on the government scheme are slim.

There's a host of other problems too. Addiction isn't the only criteria you'd get put onto the cards for. Debt is another one. Scope estimate that being disabled costs you on average an extra £550 a month. When you've got those extra costs mounting it's very easy to rack up debt.

What happens when you then need to buy a piece of equipment like a walking stick or a chopping board adapted for one-handed use from a company that's not signed up to the government benefit card scheme and you don't have any cash?

What about the 58 year old woman who's paid her National Insurance premiums for 40 years? She's now developed cancer and had to claim ESA while undergoing treatment. Because being ill is expensive she ran up some debt during treatment and as such was shifted from cash payments to a pre-paid card. She's just been given that all clear by her doctor; but it'll be at least a month before the effects of the treatment have worn off enough for her to be well enough to go back to work. Should she really not be allowed to buy a bottle of champagne the day she gets her all clear? After 40 years of paying her NI contributions?

It's very easy for people with mental health problems to get into financial difficulty when they're especially unwell. I know a lot of people end up with some quite large debts. For me, personally, the most effective antidepressant is TV. It's easy to immerse yourself in a fictional world to forget - just temporarily - how terrible real life is. I spent much of Monday upset about how isolated and alone I am. Wanna know how I distracted myself from the thoughts that my life really isn't worth living? I watched TV.

So you're ill, you're in debt, you've been given a card and are only allowed to spend money on pre-approved items from pre-approved stores. Your TV breaks and you need to repair or replace it for the sake of your sanity; to give your brain some respite from how miserable your life is. You're not allowed to buy a TV because TVs aren't on the list of things you're allowed to have. Are you supposed to just wallow in your depression until you finally do end up causing yourself serious harm?

Or you're so physically impaired that you're unable to cook. Your council won't give you a care package because their budget's been cut by central government. The only way you can get some food is to order a takeaway. You've got yourself into debt because buying takeaway every day is expensive, but you've got no choice. You get transferred from cash payments to the cards because of your debt and takeaways are a prohibited item. What are you supposed to eat then?

Or a card-holder in the situation that I'm in now where they need to buy a new mattress but the only things they're allowed to buy with their card are food, toiletries and clothes? Or if they are allowed to buy a mattress, but only from a supplier that's got a deal with the DWP. And that supplier won't remove old mattresses for disposal and they can't get rid of a mattress themselves because they're too physically impaired?

Then there are people with addictions. People who aren't going to stop buying drugs or alcohol because of a switch from cash to pre-paid cards because they are addicted. Instead they'll sell their £30 card for £15 of cash. Or resort to crime to meet their physical need for the substance they're addicted to.

4) Acceleration of Universal Credit rollout

On Monday IDS announced that Universal Credit will be rolled out to all JobCentres from early next year. They say this is because of the "success of the policy so far". Such a "success" that they keep lowering the target... And still missing it. For now it'll only be for single people claiming JSA. But with an accelerated timetable it won't be long before people reporting a change of circumstances can kiss their Severe Disability Premium goodbye, and the rest of us will watch it gradually fade away.

And a bonus piece of news that's not from the conference but got published this weekend

The DWP don't collect information on people who've died as a result of having their income stopped. Read the article from the Disability News Service who submitted the FoI request.

Tuesday, 16 September 2014

Cuts to Disabled Students' Allowance Postponed

As David reported in April, Disabled Students' Allowance was recently targeted for some major cuts. There have been many of us very worried about this. But as the TES reports this week, the cuts to Disabled Students' Allowance have been postponed until academic year 2016/17.

But there has been no u-turn here, despite what the NUS is claiming - just a worry about timing. Ministers have said that they want to give universities more time to ensure that they can plug the gap left by Disabled Students' Allowance. (This probably has a lot to do with pressure from panicked university representatives, who've realised they can't afford that gap-plugging.) Government policy continues to be the same: move the responsibility for meeting disabled students' extra costs away from the government and onto the universities. As we've seen with the changes to the Access to Work fund, when you remove funding and expect employers/providers to plug the gap, it simply doesn't happen. The same thing will be true with DSA.

Will cuts to DSA keep disabled students out of university? Image: empty dining hall at Oxford University. Photo by David Illiff, Creative Commons.

Ultimately, how many universities are going to be willing to take on expensive students whose costs are no longer funded by the government? I forsee a lot of excuses along the lines of "We are not equipped to support you on your course." (I've already been threatened with that excuse myself in the past, though the threat didn't end up materialising - in part thanks to DSA.) Even more likely is an increase in general social inequality. How many prospective disabled students can afford to make their own courses accessible? Given how inaccessible they are now - not many.

Disabled people are excluded from educational opportunities, which contributes to the poverty, lack of qualifications and limited opportunities that we experience. A key reason is the inaccessibility of university courses. DSA goes some way towards helping to rebalance things, making university courses more accessible. These changes mean that many more disabled people will be unable to afford to do university courses. And this at a time when we're living under a regime that wants all disabled people to work. Ensuring that disabled people get equal access to degree courses would be one way to help with that. This is a short-sighted policy.

All that said, I remain encouraged by the support shown by NUS for disabled students on this issue. Let's hope we can keep their #degreesofdiscrimination campaign going, and change the government's mind on DSA for good.

As a disabled postgrad student, I've experienced some serious discrimination and access barriers. Without my DSA, I simply wouldn't have been able to continue with my course. In what ways have you been enabled to attend university by Disabled Students Allowance?

For more on the changes to DSA, and the consultation about it, follow the Disabled Students' Allowance Observatory blog.