Overheard in the Waiting Room

This morning, I took a pair of gruesomely infected toes to the doctor's. During the long wait, I politely eavesdropped on a conversation between three friends who had bumped into each other (that is, they had met by accident; they weren't seeking medical help having violently collided). I would guess that they were around retirement age, or maybe a little younger, two women and a man; ordinary folks. They competed as to whose winter coat had lasted longest, discussed Strictly Come Dancing and expressed some nostalgia for The News of the World before it went trashy.

Then they had a conversation, which went something like this:

A: Of course, all these cuts have just come in, haven't they? A lot of people are going to be struggling.
B: Oh yes. It's not fair that the poorest people should have to pay when it's the bankers who got us into this mess.
C: I know. It's only going to cause the country trouble in the long run, making people so badly off.
A: But there are some people swinging the lead.
B: That's for sure. You hear a lot about disability fraud.
C: Yeah and everybody knows somebody, don't they? Someone who's working the system.
A: But there's a lot of propaganda about that, I think.
B: Of course, the government want you to think they're all the same.
C: You can't believe anything you hear, that's for sure - especially not from this lot!

It went round like this, several times, sometimes with specific anecdotes or particular stories they had seen on the television and in newspapers. At one point, there was a very nuanced discussion of workfare (although they didn't use that term), which talked about the difficulties someone might have if they had depression, would benefit from work and might sign up for one of these schemes, only to get in trouble when they struggled to get out of bed in the morning and were late for their placement. Because people with depression can have trouble getting out of bed in the morning, however hard working and enthusiastic they are.

But time and again the same sentiments were repeated:

1. Some people are on the scrounge for sure. 
2. Some people are really suffering.
3. You can't believe anything your hear.

This disbelief was extended across the board. At one point the conversation shifted from a discussion of just how difficult it was going to be for some people - just how little money people would be left to live on - to the "scare-mongering" about how difficult it was all going to be.

And this is the trouble we have; the position that ordinarily apolitical people who are not directly affected by the cuts have been placed in. They don't trust what they hear - least of all from politicians. They care about the fact that people are being left with little to live on, and the removal of crisis safety-nets like the Social Fund and Legal Aid for civil cases. But, weighing the balance of everything they've been told, they feel that there's a fair amount of cheating going on and that needs to be stopped.

Most people I speak to, outside of disabled, poor or otherwise politically active types, feel the same. They support Welfare Reform in principle (and why not? Few people feel there's no room for improvement), they are anxious about how this effects vulnerable people in practice (People like you). But they don't know what the answers are and they feel that everyone who has a voice in the public sphere is probably lying to them.

I don't know what the answers are, but I wonder if this conversation is about to change. Although there's more to come, a lot of the cuts which came into place on Monday have been a long time coming, and the real life consequences have been - while reasonably speculated about - as yet uncertain. Now it's happening. The poorest people are poorer than they've been for many years. There are many more of them.

And maybe there's some optimism to be taken from the fact that people are confused. A few years ago, when the scrounger rhetoric had just got underway, I think the friends' conversation would be less balanced. The deserving poor would have been spoken about as rare exceptions, as opposed to "many".

See Also: John Harris: We have to talk about why some people agree with benefit cuts.

Threat to legal aid for disability benefit appeals

The BBC carrys a worrying story today.

“Warning over legal aid cuts for disabled people” the article leads. “Ministers are being urged not to restrict legal aid for disabled people wanting to challenge benefit decisions”.

News comes of yet another way that government is looking to save money – this time on a £2bn legal aid bill which it claims is “unaffordable” – money needed by disabled people to get legal assistance when benefit claims go against them.

This action is being questioned by a group of 23 charities including Scope, Mind, Mencap, RNIB and Leonard Cheshire.

A spokeswoman for the Ministry of Justice told the BBC that the review of legal aid meant that it would be “targeted at the most serious cases”.

I would argue that ANY situation where you could potentially lose your benefits is a “most serious case”. Indeed, given the comments on this blog and my own (FlashSays) it can at times be life and death.

Comments on my blog include Roger, who wrote “Since this all began [cuts to benefits for disabled people] I have began to feel totally paranoid and at times have given thought to killing myself mainly due to the daily pain I endure but also due to the uncaring way this government is treating us.”

James Gilbert simply said: “If my benefits are cut I don’t know what I would do”

You only have to read one article - Suicide is part of the disability debate – to know how important it is for disabled people to receive benefits. As well as keeping them alive (funding a roof over their heads, food, heat and light) it also validates that person. “Yes, we know you are disabled. We believe you.”

The nature of disability can be such that it makes it hard to complete benefit application forms. People can have memory problems or find it hard to concentrate. They may have physical problems with writing or typing, or they may not be able to construct clear sentences. I know that when I am struggling with pain I find it harder to think, and this affects my ability to write coherently – it is clear to see when I review letters I’ve written, I can easily tell which were done on a “good pain day” and which on a “bad pain day”. But some people don’t get good days, only bad ones – and yet through this they are expected to complete long booklets explaining why they are entitled to benefits.

Disabled people should of course be supported to appeal when a benefit decision goes against them. It’s already been proven that less than 0.5% of Disability Living Allowance applications are fraudulent, for example – these are the government’s own figures. Therefore, when claimants find a decision goes against them, and come forward asking for help to appeal, they are almost certainly going to be genuine, people who really do need help. Likewise with Employment and Support Allowance.

Commenters on my own blog and this one have said that the whole application process (including the fear of perhaps having to appeal) is so stressful that they have decided not to apply and to try to live in poverty without the benefit they are entitled to. Surely people should be given legal assistance to appeal, and feel supported by the government, rather than being forced to live in poverty because they feel beaten by the system?

It is critical that legal aid is available for those who need to challenge benefit decisions. A third of disabled people aged 25 to retirement live in a low-income household – and twice as many disabled people live in poverty compared to those who are able bodied. Without legal support when benefit decisions go against them, this shocking figure is surely set to grow.

Paul Reekie and Christelle Pardo have already killed themselves when their benefits were cut. How many will follow?

Providing this legal aid really could be a matter of life or death.

To err is human...

... but if you do it on DWP forms, you can expect a fine.

A £50 fine, to be precise, although that's just a starting figure. It could be as much as £300.

Apparently the point of this fine is to get claimants to take "responsibility" for their claims, because "I have to fill in this form right or I won't have any money for rent, bills or food" doesn't have enough impact on your life to make you take it seriously. Or something.

Leaving aside the class war bit where a bunch of millionaires (who make plenty of "mistakes" in their own benefit claims and consider £50 to be the cost of lunch) are imposing these fines on DWP claimants who are, for obvious reasons, some of the poorest people in the country for whom £50 is two weeks' groceries or more...

I'm reasonably bright. Not exceptionally so, but I have my selection of higher-tier grade GCSEs including English and Maths, I've been able to read and write since before I started primary school, most of the jobs I've held have had some sort of administrative element. I should be as well-equipped as anyone to fill out those forms correctly, and I have a distinct advantage over many claimants who are less academically inclined.

And I have made errors on my claims.

The first one, was when I first got sick and lost my job. Let's set the scene. I'm in my early twenties. I'm sick, so sick I cannot work, and more or less confined to bed so that I can manage the big bursts of effort needed to go out (I haven't yet been taught about pacing). I don't yet know what's wrong with me, so I'm scared. I have no income and the Jobcentre have given me three forms. The biggest one is for Incapacity Benefit. The next biggest is for Housing and Council Tax Benefit. The smallest - which is still some thirty or forty pages - is for Income Support, which I am told is a "safety net" in case my Incapacity claim is rejected.

Bear in mind the reason for my claim was that I was too sick to work in my mostly office-based job. I had something symptomatically akin to 'flu. I was not in a top form-filling state.

I worked on the forms as best I could. By the time I got to the IS one, time was running out, but I did my best and felt quite proud of myself for finishing it all within the deadline.

My mistake? In the Pensions section. Having ticked that no, I was not in receipt of any pensions, I was told to go to the next section of the form. So I skipped over all the questions about what type of pension do you have to the next section of the form, About Other Benefits. What I missed, was that "War Pensions", although tacked onto the end of "Pensions", was in fact a section in its own right - a one-inch strip with the single question are you in receipt of a War Pension and Yes/No tickboxes. The form was sent back to me, red-penned and with a stern letter of admonishment.

I've also made errors on my DLA forms before now, again usually at the level of missing a tickbox, although thankfully I've always caught them before sending.

The BBC article says:

The proposals also reveal that the government assumes there will be very few appeals against these fines.

Well, yes. If my incorrectly completed form and nasty letter had also included a £50 fine, I certainly wouldn't have had it in me to argue the toss, because I was too sick to do so, and THAT was the reason why I was filling in the forms in the first place.

That's the thing about benefits. You claim them when your life gets to a desperate stage. You're sick, perhaps terminally so. Your spouse has emptied the joint account and run off with So-and-so from Marketing, leaving you with a broken heart, no money and two kids who want to know where Mummy/Daddy's gone. You've finally managed to get up the courage to get out of a violent and abusive relationship even though you took nothing with you other than the clothes you stand up in. At the very least, you've lost your job. You're stressed. You're upset. You're running around trying to improve your situation and get back something which is recognisable as Your Life, whether that means you're attending countless hospital appointments or applying for countless jobs, and on top of this, the Jobcentre have presented you with over a hundred pages of forms to fill in?

And while we're at it, let's not forget the cuts to legal aid and the closures of Citizens' Advice Bureau offices which will make it even harder for people to get help filling in forms or conducting appeals. Nice one, George. Withdraw the support, thereby increasing the rate of mistakes, then charge people for those mistakes on the basis that they'll be unable to argue. It would make a wonderful Dilbert cartoon, if only it weren't targeted at real and vulnerable people at their time of need.

Minor mistakes are inevitable when people in these circumstances are filling in these forms. Fining people who can't afford to pay but aren't in a position to defend themselves, is appalling.

(cross-posted at This Is My Blog)

Legal Aid Cuts

Legal Aid cuts – the quick version!

The Government is proposing to cut civil legal aid, which helps people deal with debt, housing, benefits, immigration, family law and many other issues. This will leave tens of thousands of vulnerable people without access to help and support to access their rights, and will result in destitution, debt and homelessness. The amount of money being cut equals a tiny percentage of the deficit, and is a true false economy as all the research shows that early advice saves the state money in the long-run. You can help us challenge these proposals by sending a letter to your MP asking them to oppose the proposals and by submitting a response to the consultation – a suggested response and sample MP letters are available here. For more details on the proposals please read the information below. Thank you for your help!

Legal Aid cuts – the longer version!

What will you do the next time you need help with benefits? Or when you are unfairly dismissed? Or when your landlord refuses to fix the leak in the roof that is making everything you own damp and mouldy?

If your answer was ‘Get some legal advice’ then get it while you can, as the government are going to take away Legal Aid funding for all of these kind of cases and many more – this is going to result in tens of thousands of people not being able to get advice in future. The government states that the rest of the voluntary sector will be able to pick up the pieces, but this simply isn’t true – thousands of voluntary sector agencies, like Citizens Advice Bureaux and Law Centres, are funded via legal aid and local authorities, so will be reducing services at a time when they are most needed. These changes will leave people living in disrepair, leave people without money to eat or heat their homes, and will leave people struggling with debts they cannot manage – all of which will cost the state more money in the long run than they will save by cutting the funding for advice to deal with the problems. Advice agency clients did not profit from the boom years, and certainly did not cause the bust – why are they now made to suffer to help the government balance the books?

Access to justice for all is essential in a democratic society; these proposed cuts are simply not fair as they hit the poorest the hardest.

How can people help to make a difference?

• Write to your MP and or local councillor, sample letters are available from your local advice centre or on www.advicewest.org.uk
• Comment on the government’s proposals by February 14^th 2011: www.justice.gov.uk/consultations/legal-aid-reform-151110.htm - suggested responses are available on the Advicewest website.
• Join our Facebook campaign: ‘Say No to Legal Aid Cuts in the South West’
• Join us for a demonstration outside the South-West offices of the Legal Services Commission: Queens Square, Bristol, 7/02/11 from 12noon.

Thanks for your help – future users of legal advice service will thank you too!