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Who
Benefits?
CAB Advisers offer their views on the current
state of welfare in the UK
Derbyshire Districts
Citizens Advice Bureau
2
In the year 2012/13 Citizens Advice Bureaux
across England and Wales dealt with 2,349 cases
involving Benefits and Tax Credits. This year
sees what has been described as the biggest shake
up of the welfare benefits system for decades,
and as a result we expect to see more and more
people in our bureaux with benefit-related
queries.
Citizens Advice advisers and support staff, both
voluntary and paid, come from a wealth of
different backgrounds – retired professionals,
legal students, experienced individuals from both
the government and business sectors, as well as
people with a firm understanding of the third
sector and its demands. As such, they bring a
wealth of knowledge and experience to their day-
to-day work with clients. Moreover, they are
uniquely placed to provide an insight into the
kinds of issues that affect the broad spectrum of
people who rely on welfare. Regularly working
with clients, with Government Departments, with
support structures and legislation, our advisers
are in a position to see how the various
components of our welfare system fit together,
how individuals are affected, and how and why
processes fail.
In the pages that follow staff and volunteers talk
about aspects of our system of welfare that cause
them the greatest concern, both with regard to
recent or imminent changes, and existing issues
that have yet to be addressed. We have
illustrated many of their observations by
referencing a number of actual cases.
Whilst some of the comments may appear
negative, or even cynical, it is worth
remembering that they are shaped by genuine
experience. Our advisers know that we mostly
see the negative side of the system, because
people only come to us when they have a
problem. But at the same time we deal with
individuals whose lives are often severely
impacted by injustice and failure, and the
frequent defence that in the majority of cases ‘the
system gets it right’ does nothing to negate the
experiences of those people that it lets down.
Contents
What?
A Brief Summary of the
Changes to Welfare Benefits
page 3
Who?
Who feels the effects of
changes to welfare benefits,
and who gets left behind?
page 4
How?
How is welfare delivered, and
does the information and
support available meet
claimants’ needs?
page 9
Where?
Where can clients go to get
help?
page 20
3
What?
A brief summary of the major changes to welfare
benefits
Employment Support Allowance (ESA)
Introduced in 2008 as a replacement for Incapacity Benefit (IB). Existing
IB claimants began to be migrated to the new benefit in 2011, and as a
result of the different criteria and methods of assessment, many
claimants with long-term health issues have now been told they are fit
for work.
Council Tax Benefit
Abolished in April 2013, and replaced with local council tax reduction
schemes. These differ between authorities, but funding for the schemes
is limited and many people of working age who had previously received
100% Council Tax Benefit now find that they are expected to pay a
proportion of their liability.
Housing Benefit
From April 2012, social tenants of working age who are under-occupying
a property have had their housing benefit cut. The ‘bedroom tax’, as it
has become known, is controversial because of the rigid way it has
been defined, and because the lack of suitable housing stock has left
social tenants without the option of moving to smaller properties.
Personal Independence Payments (PIP) – This replaced Disability Living
Allowance for new claims, starting with pilot schemes in April. The new
benefit includes a physical assessment and new criteria. Criticism has
focussed on the mobility criteria, which may prevent many claimants
from accessing the Motability Scheme.
Universal Credit
A single benefit to replace a number of means-tested benefits for
people of working age. Pilot schemes began in April, and will begin to
be rolled out for new claims across the rest of the country from October.
4
Who?
Who feels the effects of changes to welfare benefits, and
who gets left behind?
Hitting the Poorest Hardest
Just about everyone who accesses welfare will have noticed some change, but
inevitably reductions in support are felt most keenly in lower income households.
This has given rise to criticism that cuts are unfairly weighted against the poorest
in society. Perhaps the starkest example of this is in the case of Council Tax.
CAB advisers are accustomed to working with clients who simply don’t have enough
money to live on, let alone service the debts that continue to accrue as they try to
make ends meet. We can help clients access all the help that is available to them,
assist them in drawing up financial strategies to make their money go further, but all
too often clients still face a choice between putting food on their tables or heating
their homes. Previously, people in this situation did not have to worry about council
tax. But since April, depending where they live, many will now liable for some
proportion of their bill.
…Added to which is the continual
shaving of salami slices from the benefits
paid to the poorest. The latest example is
that ‘Everyone will pay some Council Tax’.
Why? If you have no money how can you?
It seems to be a return to the Poll Tax by
the back door.
5
When is a bedroom not a bedroom?
Similarly, many people who are presently under-occupying social housing are
seeing reductions in their housing benefit. In fact, in most cases, these are the
same clients who now have to find money for council tax. In principal, this
‘bedroom tax’ seems fair: few people would expect a single tenant to be able to
occupy a modest-sized mansion at the taxpayer’s expense. In practice, however,
the situation is perhaps not so clear cut. For a start, what is the precise definition
of a ‘spare room’? And when is a spare room ‘occupied’? Is it occupied if it is only
used at weekends by a non-resident parent’s visiting children?
One of the biggest practical
problems centres on the lack of
single-occupancy accommodation.
Because of this, clients simply don’t
have the opportunity to move to a
smaller property.
We should also consider the difficulties that social tenants face upon leaving a
house that they and their families may have occupied for some time. Often they
may be forced to leave the neighbourhood completely, abandoning the
communities and support structures that, in the case of particularly vulnerable
people, may prove vital to their wellbeing.
Council Tax Support and Bedroom Tax
The client is in his late 50s. He was diagnosed with cancer of the soft palate over twelve
months ago. He had surgery to remove the tumour followed by radiotherapy but unfortunately
the cancer has returned. At the moment it is unclear whether or not the client will be able to
have any further treatment. The client lives in a 'two bed' RSL (Registered Social Landlord)
property owned by Metropolitan Housing. The second bedroom is, for all intents and purposes,
a box. Despite this the client now has to pay £11.21 towards his rent. He is also now liable to
pay 8.5% of his council tax liability totalling £1.21 per week.
CASE STUDY
The bedroom tax/under-occupancy
charge seems to be the most heavy-
handed change. The main problem is that
it is applied as soon as someone is deemed
to be under-occupying and takes no
account of whether there is suitable
alternative accommodation available.
Many clients complain that they were
allocated properties which were actually
bigger than they needed when they first
started their tenancy. They feel that it is
unfair that they are now being penalised
through no fault of their own.
6
Ultimately any rules that are applied indiscriminately and without
recourse to common sense are inevitably going to throw up absurd
situations. Such as the disabled client who is being forced to leave his
current house - with its thousands of pounds worth of adaptations - and
move into a smaller property for which thousands more will need to be
spent in order to make it suitable. Or of the client who finds himself
locked in an impossible situation because of his arrears.
Falling through the Gaps
At first glance, many of the clients
who come to us for benefit advice
don’t appear to fulfil any of the
criteria for welfare. Clients may fail
to qualify for ESA, but are then told
by Jobcentre advisers that their poor
health makes it impossible for them
to work. Then there are growing
numbers of under-employed people
who, despite being low paid, cannot
access the benefits that are designed
to make work pay.
My clients are being placed in an impossible position; even
those willing to move are struggling to find anywhere to move
to. Clients with severe mental health problems are being
uprooted from their homes, often the only place they feel safe
and secure. The clients who are most vulnerable are the ones
that are most affected by this change and nothing has been put
in place to support them and provide the help they need to cope
financially or practically.
Arrears Prevents the Client from Relocating
The client is a social housing tenant, living alone in a two-bedroomed property. His housing
benefit is reduced as he is under-occupying and, as he has been unable to find the shortfall,
the situation has led to mounting arrears. The client would like to move to a smaller, more
affordable property… but he is being prevented because of the arrears. Catch 22. He can’t
move because of the arrears; he can’t afford to clear the arrears because he can’t move.
CASE STUDY
The other things are the black holes
that have appeared firstly between
ESA and JSA – there are some (quite a
few I think) clients told by both that
they don’t qualify for either!! So what
do they do for money?
7
Too fast, too soon?
In March 2013 the Government announced that three of the four Universal Credit
pilot schemes due to begin in April would be delayed until July, prompting
speculation from some quarters that the necessary IT was not yet ready. Whilst
there may or may not be some truth in this interpretation, there remains concern
that if the changes are rushed, systems will not be in place. By ‘systems’ we mean
not just the IT, but the procedures and staff training necessary for its operation.
The experiences of both our clients and volunteers suggest that, in some cases,
Jobcentre staff are not sufficiently competent with the systems that are currently
in place.
However, the efforts of DWP staff to get to
grips with new computer systems is as
nothing to the life-changing situations
being faced by the huge numbers of
Incapacity Benefit claimants, who are now
being told that they are fit for work after
being migrated to ESA.
The black hole between 16 and 24 hours work. These clients are often
the ones who are worse off in work as they don’t qualify for either JSA
or Working Tax Credit but have all the costs associated with taking
work – especially if Jobcentre Plus is now saying that a 90-mile each-
way journey is acceptable? I no longer think they can say that work
always pays!
There is a risk that Jobcentre employees
won’t understand the basic functions.
Confidential passwords and ID numbers
being spread hither and yon strikes me as one
such example. Clients have been given log-in
details of other people’s accounts – this is
something that happened to me – but not just
that, I was also mistakenly given the log-in
ID number of a member of staff who had
failed to understand what she was doing.
8
What people in this situation need is
time, support and the right
information. Often, because of a
lack of any explanation via other
channels, our advisers find they are
the only source of support for clients
struggling to understand changes to
their benefits.
Change is always painful and lots
of the issues that we are seeing at
present are due to change -
sometimes for people who have
been in a steady benefit
arrangement for many years and
are now finding that things are
quite different.
We have noticed that clients who have been transferred
from IB to ESA do not understand how the change will
affect them long term, especially if placed in the work
related activity group, when the contributory benefit ends
after just 365 days. Many clients, had they understood,
would have appealed the decision and tried to get evidence
to be placed in the support group.
We often get people on the phone
who state that their benefits have
been stopped and they don’t know
why.
Client transferred to ESA without explanation
The client has a long term illness and has recently been migrated from incapacity benefit to
contribution-based ESA, being placed in the Work Related Activity Group (WRAG).
The client came to us for an explanation of the decision letter he has received. Despite
going through a new assessment process and receiving correspondence in relation to the
benefit, the client still did not understand why he had been transferred and was not in a
position to say whether he had been correctly assessed.
The client is extremely confused about the process. Had he not sought help from the CAB he
might not have been in a position to challenge the decision. The DWP needs to support
clients better in understanding benefits and processes.
CASE STUDY
9
How?
How is welfare delivered, and does the information and
support available meet claimants’ needs?
Welfare is delivered primarily by three main bodies: the Department for Work and
Pensions, Her Majesty’s Revenue and Customs and local authorities. The
procedures and facilities these bodies have in place play a large part in ensuring
that claimants get the help and support that they need. Understandably, CAB
advisers have a great deal of contact with the various departments that administer
welfare, and have an insight into how their procedures and systems affect our
clients. Often our clients’ problems stem from, or are exacerbated by, failures and
inadequacies within these organisations. One of the greatest challenges is the
difficulties of communication.
What we have here is a failure to
communicate
For me the biggest problem is the duplicitous operation of rules on the
ground.
Who can disagree with statements such as ‘targeting benefits so that only
those who need it receive it’ and ‘making sure that those on Jobseeker’s
Allowance really are looking for work’ or ‘making sure that fraudulent claims
are not paid’. It’s like objecting to apple pie.
But…..
Time and again the medical assessments are completely mendacious.
Sanctions are applied seemingly on a whim, or at least on the flimsiest of
grounds and are applied with a zeal that Torquemada would approve of.
Security procedures - such as obscure questions on the telephone that keep
going until a mistake is made, or repeated demands for the same information
- seem to be used as a means to deny assistance.
One of my key concerns is how long it takes to get
through to the various agencies administering
benefits and that there is no special CAB number
which some organisations have. It is not unusual
to hang on for 15 minutes plus and to have to try
various numbers prior to getting through.
10
Clearly, call waiting times have a significant impact on the CAB service, eating into
the limited time we have available. Likewise the failures to provide call-backs and
correspondence. But how much more difficult is it for clients, less well acquainted
with systems and procedures?
Getting it wrong first time
A missing or incorrect payment can be all it takes to push someone into a spiral of
debt; failure to answer a telephone, or respond to a letter might be enough to
dissuade people from continuing with the claim altogether.
Still waiting for the Jobcentre to call
This client has been waiting since October 2011 [The client came to us in March 2013] for an
explanation as to why her Jobseekers Allowance arrears of £818.32 has not been paid. The
client was informed by letter about the arrears owed to her. The client has contacted
Jobcentre Plus, both in writing and by phone, and has been told that the letter she received
stating the amount of arrears was a clerical error. Jobcentre Plus has made promises to phone
the client but she is still waiting…
CASE STUDY
One of the things I have found frustrating is the fact that clients suffer
due to the ineptness of the DWP in processing claims. One example is
where clients are migrated from Incapacity Benefit/Income Support to
ESA. The disability premium received with the IB IS top-up is intended
to be replaced by the work related or support component of ESA.
However, this is not payable whilst the claim is being processed or
during appeal. As we know this is often taking around 12 months. In
the meantime the client’s income has (very suddenly) dropped by £31
per week – a very significant amount (£1612 over the year).
Rude, Unhelpful, Uninformative
The client came to the bureau as her Income Support had been stopped without any
information from DWP to say why. No communication, no explanation, nothing. We phoned
the DWP to find out more, and after being kept on hold for 35 minutes, we were told by an
extremely rude and unhelpful adviser that the client would have to write in for them to deal
with the enquiry. When clients have to contend with this kind of appallingly unprofessional
service, it’s no wonder that so many don’t bother to take up their benefit entitlement.
CASE STUDY
11
Frequently we find that DWP staff simply don’t have access to the information
that CAB advisers need and welfare reform may go some way towards addressing
the problem - particularly in the case of Universal Credit, which promises a
simpler and more streamlined system. However, in the immediate future there is
the potential for greater confusion as new procedures continue to run alongside
the old. Claimants will continue to rely heavily on advice and information, and in
the case of working age benefits designed to help people back into employment,
local Jobcentres are the obvious point of contact for most claimants.
Just the Job
“We provide a wide range of advice and support to help you get a job,” says
Jobcentre literature, and the same leaflet talks about providing help and advice
with compiling a CV, claiming travel costs, accessing training and employability
skills as well as delivering support for disabled people. However, the reality for
many is that the support they get from their Jobcentre is less than adequate,
something which is reflected not only in the evidence of our clients, but also in the
experiences of our volunteers, many of whom offer their services to our
organisation while they are looking for paid work.
Jobcentre refuse claimant use of the phone
The client is single, homeless and has a mental health problem, which necessitated making a
claim for ESA. He visited Jobcentre Plus and asked to make a claim, only to be told that he
must do this by phone. He was told that he could not use the Jobcentre's phone as the ESA
claim line is an 0800 number. The failure of Jobcentre Plus to provide even the most basic
service to claimants is difficult to comprehend. No explanation was given as to why the fact
that the claim line is an 0800 number should make it unreachable from the Jobcentre's phone.
Although, this apparent communication blackout between different departments of the DWP
might go a long way to explaining many of the problems that we see.
I have noticed that the general support for
jobseekers as regards finding work is very poor.
Only since joining the government's ‘work
programme’, did I find any worthwhile help. But
even that turned out to be rather indirect. It was
completely in terms of the following: FREE
postage, envelopes, internet access and use of
printers… Basically, as far as the ‘work
programme’ is concerned I concluded that it is
simply doing what Jobcentres are already
supposed to be doing.
CASE STUDY
12
Many clients are disappointed that Jobcentre staff seem reluctant to give them
accurate benefit advice. This often seems to be at odds with their stated aim of
helping people back to work, particularly when it comes to benefits such as
Working Tax Credit, which is specifically designed to make work pay. Often, all
that is needed is for Jobcentre advisers to point claimants in the right direction.
A friend recently told me that she had been called up to sign-on by a
Jobcentre employee who proceeded to bemoan his job. She explained
that she was not impressed with this behaviour. This is the same
Jobcentre that has recently launched a bunch of initiatives designed to
inspire a sense of optimism and positivity in jobseekers; the same
Jobcentre that sends their employees to meetings that deal in subjects
such as success, engagement and overcoming obstacles. Yet, more and
more jobseekers find themselves dealing with depressed and dead eyed
dullards, who are neither interested in success, engagement or – to
labour a point – overcoming obstacles.
Today, in CAB, I spoke to a client who was
claiming JSA. The Jobcentre she is registered
with is aware that she’s going through
Chemotherapy, and they appear to have done
nothing to direct her towards a more suitable
type of welfare. I have considered why I find
this so very offensive, and I think it’s the sheer
presumption of it. What would it take to direct
this woman to PIP?
I have been provided with a rainbow of
information – most of which has been in error,
or is mind bogglingly out of date – all of which
has been delivered with an earnest conviction.
Whenever I raise a question, or cite a problem I
need help fixing, employees tend to shun me
eager to get back to their familiar spiel. It seems
to me, what Jobcentre employees lack in know-
how, they make up for in certainty.
13
In a number of cases our clients have remained completely in the dark about what
action and information is required of them. Despite making efforts to clarify what
they need to do to evidence their job search, the responses they have received have
been confusing and contradictory.
Jobseekers are bombarded with
irrelevant information, which, it
seems, only serves to keep
Jobcentre employees occupied.
Whilst this might seem unfair
considering all the work that has
gone into drafting new policies,
many jobseekers are provided
with an alarming lack of up-to-
date information on how to claim
travel expenses; how to apply for
work; how to register as a
volunteer; and how to use the new
online system.
I have never been helped in any way
by DWP jobcentres. For example,
my most recent adviser did not
make a single appointment to even
meet with me! Scrutiny of our
weekly job-searching activities was
patchy, and inconsistent between
different members of DWP staff.
This was never really a problem for
me, but the current checks on
jobseekers' work activities are
difficult to apply, vague and subject
to interpretation.
14
Digital or Die
One of the key features of Universal Credit is the ‘Digital by Default’ agenda – the
government’s intention for the majority of claims (around 80%) to be made and
administered online. The government recognises that not everyone has access to
the internet, and that even those who do will still need to be supported in making
a claim. In fact, in a recent survey carried out by Derbyshire Districts Citizens
Advice Bureau, around half the respondents said that they wouldn’t be able to
make a claim without assistance1. Unfortunately, we are already seeing cases
where clients are being excluded or disadvantaged.
1
Digital Access in Derbyshire http://www.scribd.com/doc/155654693/Digital-Access-In-Derbyshire-pdf
I have come across one client so far who tried
to start his JSA claim on line. It took three
attempts over a number of days before this
finally worked, as a result his benefit award
started a few days later than it would have
done had he registered by phone. How unfair
is that?
Jobcentre tell client she can only apply online
The client phoned Jobcentre Plus to ask about Jobseeker’s Allowance. She was
put through to her local office at Long Eaton where she was told they do not make
appointments and she would have to apply online. The phone was then put down.
The client was given no opportunity to explain that she was unable to make an
online claim, or informed of the other options open to her. So much for the
promised support for claimants who are not online.
CASE STUDY
15
Clearly, in order to achieve its target for online claims, suitable support and
training will need to be available. However clients’ experiences of Universal
Jobmatch (an online tool which allows claimants to manage their job search) may
give a foretaste of the issues claimants will experience with the move to the online
management of benefit claims.
Sanction first, ask questions later
In instances where claimants fail to fulfil their job-seeking requirements, the DWP
is empowered to impose a sanction. For instance, should a claimant fail to attend
an interview, or apply for an agreed number of jobs over the course of a week,
their benefit can be withheld. Over the past year we have seen an increase in the
numbers of clients who believe that they have been unfairly sanctioned, and as we
saw previously, sanctions can arise from a failure on behalf of Jobcentres to
provide adequate information and support. Worryingly, one factor that seems
common to many of the cases we see is that the clients’ circumstances are not
investigated.
Lack of ability to use Jobmatch results in sanction.
The client has been sanctioned for three months for failing to complete the necessary steps
to prove she is actively searching for work. However, the problem stems from the fact that
she is unsure how to use Universal Jobmatch. She has recently begun using the system, but
is not computer literate. She was only briefly shown how to use it, was confused by it and
made mistakes which have led to her sanction.
The client can no longer afford her priority outgoings. As a direct result of this sanction she
has been pushed into debt.
Clearly what should have happened in this situation is that the client’s Jobcentre Adviser
should have identified that the client was in need of further information and support.
Instead, what has actually happened is that they have used their own failure to provide
adequate training as an excuse to impose a sanction.
CASE STUDY
One CAB client, who had failed to attend a sign-
in day which was incorrectly dated, received a
letter of apology and a letter of sanction on the
same day.
16
Even when explanations are offered, they are frequently ignored. The upshot is
that the DWP appear to be operating a ‘Sanction First, Investigate Later’ policy –
if, indeed, they investigate at all. Interestingly, the cases we come across appear
to centre on particular Jobcentre offices, indicating a lack of consistency across the
DWP as a whole in the way that sanctions are imposed.
JSA Sanctions - circumstances not investigated
On 15 January 2013 the Jobcentre wrote to the client stating that he is being sanctioned
because he failed to apply for a job with Frontline Recruitment. In fact the client had
telephoned the company twice about the job and has obtained his phone records from
Virgin Media to prove this.
The client’s benefit was stopped and he had to apply for a hardship payment. On top of
this there was the additional expense in obtaining his phone records. The client is extremely
angry that the Jobcentre have imposed this sanction without investigating the
circumstances. Furthermore, when he subsequently got in touch with the Jobcentre to
explain, he reports that they refused to listen to him.
CASE STUDY
The issue that causes me greatest concern at the
moment is sanctions. I have come across two
situations now where the client has been trying to
uphold their end of the agreement and been let down
by another agency (eg. computer system wouldn’t
record that they had attended their ICT training) but
the Jobcentre has not taken any notice of this and
stopped benefits anyway.
Client not notified of JSA sanction
The client, living in Ilkeston, is claiming JSA and was sanctioned one week’s pay due to not
taking up a job offer. The client does not believe this was reasonable as he was only given
13 hours notice of the job offer and already had a commitment that he could not cancel at
such short notice. The client was not given the opportunity to explain why he needed more
notice and was not even notified of sanction. He did not find this out until he went to
withdraw money from his bank account.
The client has been short of money for basic living. He is frustrated at not being given the
opportunity to explain why he could not take the job offer at such short notice, or not being
given the opportunity to start on the next working day.
CASE STUDY
17
Nul Points!
When it comes to snap decisions and the lack of proper investigation, our evidence
suggests that such impetuosity is practically mandatory when it comes to ESA
verdicts. Employment Support Allowance was introduced in 2008 to replace
Incapacity Benefit, and in recent years many IB claimants have been migrated to
the new benefit. For some time, ESA has been the subject of the majority of the
social policy evidence that our advisers submit, and there has been consistent
criticism of the way in which the assessment of claimants is carried out.
Since the introduction of ESA, Bureaux have been reporting on failures to
recognise, investigate and record clients’ symptoms and supporting evidence. On
occasion this ‘failure’ has erred towards the deliberate misinterpretation or
downright rejection of clients’ responses. Our advisers are concerned that
improvements have not been forthcoming, and also anxious that the same
approach should not be taken with Personal Independence Payments. This year
PIP replaced Disability Living Allowance and, like ESA, includes a physical
assessment. Atos, the company responsible for assessing ESA claimants, is also
one of the companies that will be carrying out PIP medicals.
Sanctioned JSA as client was unable to use internet
The client, from Ilkeston, is out of work and claiming Jobseeker's allowance. As he has no
experience of IT, he asked Jobcentre Plus to send him on a course. The course, being run by
A4E, was a failure as the PCs only worked one hour out of the six. As a result the client is still
unable to use IT. Jobcentre Plus has since emailed jobs to the client, but because of his lack
of skills he has been unable to access the information. As a result he has been sanctioned.
The client has no income whatsoever. He still cannot effectively use IT and cannot currently
afford to travel to the Jobcentre. The Jobcentre did not consider the client’s reasons for
being unable to follow up the job applications before imposing the sanction. Had they
done so, they would have recognised that the circumstances had arisen wholly out of the
inadequacy of the course.
CASE STUDY
The biggest problem clients have encountered is
that the Assessors for ESA do not appear to have
relevant questions to which clients can reply.
Consequently they are coming to the Bureau with
zero points and having to appeal.
18
Inadequate Medical Assessment
The client has mental health issues and her application for ESA was turned down after the
Work Capability Assessment awarded her zero points. During the assessment the Atos health
professional claimed that they did not have the client's notes and denied that Atos had
received them. The client's support worker was also in attendance and exposed this lie by
pointing out that she had seen them on the reception desk. The assessor went to fetch
them, but did not consult them.
Furthermore, the assessment letter that the client received contained information which
directly contradicted points that she made in her application. The client now has no money,
is unable to work because of her medical conditions and cannot claim Jobseeker’s
Allowance.
CASE STUDY
What a lot of people don’t realise is how much
this must be costing us. We, the taxpayers, are
paying for Atos to carry out dodgy
assessments, and then paying again for the
appeal tribunals to sort out the mess. It makes
no sense. It would be like merrily taking your
car to be serviced by someone who just kicks
the tyres and says ‘Yeah, that’ll do’, before
getting another garage to do it properly. You
might make that mistake once, but you
wouldn’t go back year after year.
19
Benefits Claimants – Saints or Sinners?
Taking into consideration the rise in sanctions, the treatment of ESA claimants
and the generally harsh attitude towards people who access benefits, it might
appear that there is an ongoing cultural shift towards the demonization of welfare
claimants. Even the language used appears to undermine people’s entitlement to
access benefits.
CAB clients often speak of feeling
persecuted, as though claiming
benefit has become criminalised.
Certainly, a rigorous approach is
needed to protect the system from
those who would seek to exploit it,
but the cost is that many
claimants whose circumstances
are being investigate feel that they
are ‘guilty until proven innocent’.
Investigations can seem intrusive,
excessive and unnecessary, and
this can make people reluctant to
access the help they need.
I get tired of people talking about ‘scroungers’ and ‘layabouts’ as if
people who claim benefits are some kind of underclass. In my work as
an adviser, I see people from all walks of life. I see people who have
worked all their lives, paid their tax and national insurance, supported
the welfare state and served their country in all sorts of ways. But
suddenly they fall on hard times, through no fault of their own, and
when they need help they’re branded as liars and cheats. The scary
thing is that it could happen to any one of us.
The DWP consistently refers to
claimants as ‘customers’. It may
be a piffling point of semantics,
but the distinction between
‘claimant’ and ‘customer’
underlines a subtle shift in how
users of the benefit system are
perceived. A customer has a
choice in contracting for a service;
a claimant has a right.
I am very concerned for those that are under twenty five who have to claim
rent in shared accommodation. They have to undergo a stringent check -
which involves a visit from the DWP - on whether they are co-habiting. They
also have some very personal questions asked. There is also the constant
checking of people who are considered incapable of work. I met a client who,
within one month of being checked and being told his money was safe, had his
money stopped. I feel that vulnerable people should not have to go through
these checks so often! If they have just been checked surely they should be left
alone for at least a year before the next one.
20
Where?
Where can clients go to get help?
A man works 18 hours a week for minimum wage but, as the job is fifty
miles away from his home, quite a big chunk of his earnings go on
travel costs. This is a problem as he is struggling to pay his bills and is
already in arrears with his electricity and his phone. He can’t get help
towards his Council Tax because of his income, but even if he earned
nothing at all he’d still be required to pay a percentage of it. He’s also
in danger of falling behind with his rent because, although he gets some
housing benefit, he is a social tenant under-occupying a three-
bedroomed house. His housing association can offer him nothing
smaller, so in the meantime he has to make up the shortfall. He’s
looking for a full time job but he can’t claim JSA, he’s already working
too many hours. He can’t claim Working Tax Credits, he’s not working
enough. What can he do?
He could try a food bank. There are more and more of them springing
up these days – increasingly they seem to be shoring up a Welfare
System that is no longer willing to provide. But help from a food bank
is not guaranteed and it doesn’t seem right that a working adult should
have to depend on charity.
A short term loan, then? Just to see him through to his next pay day.
It’s quick, it’s easy and he can get a decision in seconds. And the
adverts on the telly always make them seem very friendly. The
problem is that he already has five outstanding pay day loans - and
although there is no shortage of irresponsible companies who will lend
him more, he knows that in the long term he’s just increasing his debt.
Perhaps that’s what he needs to tackle first – his debts. He could use
one of the many Debt Management Companies that he sees advertised
everywhere. There seems to be a couple of dozen new ones every week,
and they all appear to know about this ‘little known government
legislation’ that will make him debt free by the weekend. Trouble is, he
suspects that they will just charge him a fat fee for doing next to
nothing and he’ll wind up flushing money down the drain that would
have been better spent servicing his arrears.
So that just leaves the lottery – or, as it’s otherwise known, a claim for
miss-sold PPI. Yes, a cash sum is just waiting for him to hit ‘collect’
according to the claim companies that phone him up six times a day. Of
course, he’s never had PPI, but that doesn’t stop the phone calls.
21
Every day, CAB staff and volunteers advise clients facing these same
challenges. At a time when people’s futures are uncertain and welfare
provision is changing, we help people to navigate the often confusing
benefits system and ensure that they are receiving all the help to which
they are entitled. In an economic environment bustling with fee-
charging debt management firms, claims companies and lenders
offering easy access to high cost credit, CAB Advisers help clients to
make informed decisions, assist them in making claims and negotiating
payment plans and empower clients to become more financially
capable.
Welfare and the consequences of benefit issues are just one part of what
the CAB does, but this area has by far the greatest impact on our clients.
Our advice changes lives, and we remain committed to delivering a
service which is open to everyone, and which is independent,
confidential, impartial and free.
With thanks to the staff and volunteers of Derbyshire Districts Citizens
Advice Bureau for their contributions.
Image copyrights - P4: Citizens Advice/ABCUL, P 18: www.imagesource.com, P21:
Citizens Advice, All other images © Derbyshire Districts CAB
© Derbyshire Districts Citizens Advice Bureau, 2013. Company
Limited by Guarantee. Registered in England & Wales No
4429840. Registered Charity No 1094369. Registered Office 26
Spring Gardens Buxton SK17 6DE.

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Who Benefits

  • 1. Who Benefits? CAB Advisers offer their views on the current state of welfare in the UK Derbyshire Districts Citizens Advice Bureau
  • 2. 2 In the year 2012/13 Citizens Advice Bureaux across England and Wales dealt with 2,349 cases involving Benefits and Tax Credits. This year sees what has been described as the biggest shake up of the welfare benefits system for decades, and as a result we expect to see more and more people in our bureaux with benefit-related queries. Citizens Advice advisers and support staff, both voluntary and paid, come from a wealth of different backgrounds – retired professionals, legal students, experienced individuals from both the government and business sectors, as well as people with a firm understanding of the third sector and its demands. As such, they bring a wealth of knowledge and experience to their day- to-day work with clients. Moreover, they are uniquely placed to provide an insight into the kinds of issues that affect the broad spectrum of people who rely on welfare. Regularly working with clients, with Government Departments, with support structures and legislation, our advisers are in a position to see how the various components of our welfare system fit together, how individuals are affected, and how and why processes fail. In the pages that follow staff and volunteers talk about aspects of our system of welfare that cause them the greatest concern, both with regard to recent or imminent changes, and existing issues that have yet to be addressed. We have illustrated many of their observations by referencing a number of actual cases. Whilst some of the comments may appear negative, or even cynical, it is worth remembering that they are shaped by genuine experience. Our advisers know that we mostly see the negative side of the system, because people only come to us when they have a problem. But at the same time we deal with individuals whose lives are often severely impacted by injustice and failure, and the frequent defence that in the majority of cases ‘the system gets it right’ does nothing to negate the experiences of those people that it lets down. Contents What? A Brief Summary of the Changes to Welfare Benefits page 3 Who? Who feels the effects of changes to welfare benefits, and who gets left behind? page 4 How? How is welfare delivered, and does the information and support available meet claimants’ needs? page 9 Where? Where can clients go to get help? page 20
  • 3. 3 What? A brief summary of the major changes to welfare benefits Employment Support Allowance (ESA) Introduced in 2008 as a replacement for Incapacity Benefit (IB). Existing IB claimants began to be migrated to the new benefit in 2011, and as a result of the different criteria and methods of assessment, many claimants with long-term health issues have now been told they are fit for work. Council Tax Benefit Abolished in April 2013, and replaced with local council tax reduction schemes. These differ between authorities, but funding for the schemes is limited and many people of working age who had previously received 100% Council Tax Benefit now find that they are expected to pay a proportion of their liability. Housing Benefit From April 2012, social tenants of working age who are under-occupying a property have had their housing benefit cut. The ‘bedroom tax’, as it has become known, is controversial because of the rigid way it has been defined, and because the lack of suitable housing stock has left social tenants without the option of moving to smaller properties. Personal Independence Payments (PIP) – This replaced Disability Living Allowance for new claims, starting with pilot schemes in April. The new benefit includes a physical assessment and new criteria. Criticism has focussed on the mobility criteria, which may prevent many claimants from accessing the Motability Scheme. Universal Credit A single benefit to replace a number of means-tested benefits for people of working age. Pilot schemes began in April, and will begin to be rolled out for new claims across the rest of the country from October.
  • 4. 4 Who? Who feels the effects of changes to welfare benefits, and who gets left behind? Hitting the Poorest Hardest Just about everyone who accesses welfare will have noticed some change, but inevitably reductions in support are felt most keenly in lower income households. This has given rise to criticism that cuts are unfairly weighted against the poorest in society. Perhaps the starkest example of this is in the case of Council Tax. CAB advisers are accustomed to working with clients who simply don’t have enough money to live on, let alone service the debts that continue to accrue as they try to make ends meet. We can help clients access all the help that is available to them, assist them in drawing up financial strategies to make their money go further, but all too often clients still face a choice between putting food on their tables or heating their homes. Previously, people in this situation did not have to worry about council tax. But since April, depending where they live, many will now liable for some proportion of their bill. …Added to which is the continual shaving of salami slices from the benefits paid to the poorest. The latest example is that ‘Everyone will pay some Council Tax’. Why? If you have no money how can you? It seems to be a return to the Poll Tax by the back door.
  • 5. 5 When is a bedroom not a bedroom? Similarly, many people who are presently under-occupying social housing are seeing reductions in their housing benefit. In fact, in most cases, these are the same clients who now have to find money for council tax. In principal, this ‘bedroom tax’ seems fair: few people would expect a single tenant to be able to occupy a modest-sized mansion at the taxpayer’s expense. In practice, however, the situation is perhaps not so clear cut. For a start, what is the precise definition of a ‘spare room’? And when is a spare room ‘occupied’? Is it occupied if it is only used at weekends by a non-resident parent’s visiting children? One of the biggest practical problems centres on the lack of single-occupancy accommodation. Because of this, clients simply don’t have the opportunity to move to a smaller property. We should also consider the difficulties that social tenants face upon leaving a house that they and their families may have occupied for some time. Often they may be forced to leave the neighbourhood completely, abandoning the communities and support structures that, in the case of particularly vulnerable people, may prove vital to their wellbeing. Council Tax Support and Bedroom Tax The client is in his late 50s. He was diagnosed with cancer of the soft palate over twelve months ago. He had surgery to remove the tumour followed by radiotherapy but unfortunately the cancer has returned. At the moment it is unclear whether or not the client will be able to have any further treatment. The client lives in a 'two bed' RSL (Registered Social Landlord) property owned by Metropolitan Housing. The second bedroom is, for all intents and purposes, a box. Despite this the client now has to pay £11.21 towards his rent. He is also now liable to pay 8.5% of his council tax liability totalling £1.21 per week. CASE STUDY The bedroom tax/under-occupancy charge seems to be the most heavy- handed change. The main problem is that it is applied as soon as someone is deemed to be under-occupying and takes no account of whether there is suitable alternative accommodation available. Many clients complain that they were allocated properties which were actually bigger than they needed when they first started their tenancy. They feel that it is unfair that they are now being penalised through no fault of their own.
  • 6. 6 Ultimately any rules that are applied indiscriminately and without recourse to common sense are inevitably going to throw up absurd situations. Such as the disabled client who is being forced to leave his current house - with its thousands of pounds worth of adaptations - and move into a smaller property for which thousands more will need to be spent in order to make it suitable. Or of the client who finds himself locked in an impossible situation because of his arrears. Falling through the Gaps At first glance, many of the clients who come to us for benefit advice don’t appear to fulfil any of the criteria for welfare. Clients may fail to qualify for ESA, but are then told by Jobcentre advisers that their poor health makes it impossible for them to work. Then there are growing numbers of under-employed people who, despite being low paid, cannot access the benefits that are designed to make work pay. My clients are being placed in an impossible position; even those willing to move are struggling to find anywhere to move to. Clients with severe mental health problems are being uprooted from their homes, often the only place they feel safe and secure. The clients who are most vulnerable are the ones that are most affected by this change and nothing has been put in place to support them and provide the help they need to cope financially or practically. Arrears Prevents the Client from Relocating The client is a social housing tenant, living alone in a two-bedroomed property. His housing benefit is reduced as he is under-occupying and, as he has been unable to find the shortfall, the situation has led to mounting arrears. The client would like to move to a smaller, more affordable property… but he is being prevented because of the arrears. Catch 22. He can’t move because of the arrears; he can’t afford to clear the arrears because he can’t move. CASE STUDY The other things are the black holes that have appeared firstly between ESA and JSA – there are some (quite a few I think) clients told by both that they don’t qualify for either!! So what do they do for money?
  • 7. 7 Too fast, too soon? In March 2013 the Government announced that three of the four Universal Credit pilot schemes due to begin in April would be delayed until July, prompting speculation from some quarters that the necessary IT was not yet ready. Whilst there may or may not be some truth in this interpretation, there remains concern that if the changes are rushed, systems will not be in place. By ‘systems’ we mean not just the IT, but the procedures and staff training necessary for its operation. The experiences of both our clients and volunteers suggest that, in some cases, Jobcentre staff are not sufficiently competent with the systems that are currently in place. However, the efforts of DWP staff to get to grips with new computer systems is as nothing to the life-changing situations being faced by the huge numbers of Incapacity Benefit claimants, who are now being told that they are fit for work after being migrated to ESA. The black hole between 16 and 24 hours work. These clients are often the ones who are worse off in work as they don’t qualify for either JSA or Working Tax Credit but have all the costs associated with taking work – especially if Jobcentre Plus is now saying that a 90-mile each- way journey is acceptable? I no longer think they can say that work always pays! There is a risk that Jobcentre employees won’t understand the basic functions. Confidential passwords and ID numbers being spread hither and yon strikes me as one such example. Clients have been given log-in details of other people’s accounts – this is something that happened to me – but not just that, I was also mistakenly given the log-in ID number of a member of staff who had failed to understand what she was doing.
  • 8. 8 What people in this situation need is time, support and the right information. Often, because of a lack of any explanation via other channels, our advisers find they are the only source of support for clients struggling to understand changes to their benefits. Change is always painful and lots of the issues that we are seeing at present are due to change - sometimes for people who have been in a steady benefit arrangement for many years and are now finding that things are quite different. We have noticed that clients who have been transferred from IB to ESA do not understand how the change will affect them long term, especially if placed in the work related activity group, when the contributory benefit ends after just 365 days. Many clients, had they understood, would have appealed the decision and tried to get evidence to be placed in the support group. We often get people on the phone who state that their benefits have been stopped and they don’t know why. Client transferred to ESA without explanation The client has a long term illness and has recently been migrated from incapacity benefit to contribution-based ESA, being placed in the Work Related Activity Group (WRAG). The client came to us for an explanation of the decision letter he has received. Despite going through a new assessment process and receiving correspondence in relation to the benefit, the client still did not understand why he had been transferred and was not in a position to say whether he had been correctly assessed. The client is extremely confused about the process. Had he not sought help from the CAB he might not have been in a position to challenge the decision. The DWP needs to support clients better in understanding benefits and processes. CASE STUDY
  • 9. 9 How? How is welfare delivered, and does the information and support available meet claimants’ needs? Welfare is delivered primarily by three main bodies: the Department for Work and Pensions, Her Majesty’s Revenue and Customs and local authorities. The procedures and facilities these bodies have in place play a large part in ensuring that claimants get the help and support that they need. Understandably, CAB advisers have a great deal of contact with the various departments that administer welfare, and have an insight into how their procedures and systems affect our clients. Often our clients’ problems stem from, or are exacerbated by, failures and inadequacies within these organisations. One of the greatest challenges is the difficulties of communication. What we have here is a failure to communicate For me the biggest problem is the duplicitous operation of rules on the ground. Who can disagree with statements such as ‘targeting benefits so that only those who need it receive it’ and ‘making sure that those on Jobseeker’s Allowance really are looking for work’ or ‘making sure that fraudulent claims are not paid’. It’s like objecting to apple pie. But….. Time and again the medical assessments are completely mendacious. Sanctions are applied seemingly on a whim, or at least on the flimsiest of grounds and are applied with a zeal that Torquemada would approve of. Security procedures - such as obscure questions on the telephone that keep going until a mistake is made, or repeated demands for the same information - seem to be used as a means to deny assistance. One of my key concerns is how long it takes to get through to the various agencies administering benefits and that there is no special CAB number which some organisations have. It is not unusual to hang on for 15 minutes plus and to have to try various numbers prior to getting through.
  • 10. 10 Clearly, call waiting times have a significant impact on the CAB service, eating into the limited time we have available. Likewise the failures to provide call-backs and correspondence. But how much more difficult is it for clients, less well acquainted with systems and procedures? Getting it wrong first time A missing or incorrect payment can be all it takes to push someone into a spiral of debt; failure to answer a telephone, or respond to a letter might be enough to dissuade people from continuing with the claim altogether. Still waiting for the Jobcentre to call This client has been waiting since October 2011 [The client came to us in March 2013] for an explanation as to why her Jobseekers Allowance arrears of £818.32 has not been paid. The client was informed by letter about the arrears owed to her. The client has contacted Jobcentre Plus, both in writing and by phone, and has been told that the letter she received stating the amount of arrears was a clerical error. Jobcentre Plus has made promises to phone the client but she is still waiting… CASE STUDY One of the things I have found frustrating is the fact that clients suffer due to the ineptness of the DWP in processing claims. One example is where clients are migrated from Incapacity Benefit/Income Support to ESA. The disability premium received with the IB IS top-up is intended to be replaced by the work related or support component of ESA. However, this is not payable whilst the claim is being processed or during appeal. As we know this is often taking around 12 months. In the meantime the client’s income has (very suddenly) dropped by £31 per week – a very significant amount (£1612 over the year). Rude, Unhelpful, Uninformative The client came to the bureau as her Income Support had been stopped without any information from DWP to say why. No communication, no explanation, nothing. We phoned the DWP to find out more, and after being kept on hold for 35 minutes, we were told by an extremely rude and unhelpful adviser that the client would have to write in for them to deal with the enquiry. When clients have to contend with this kind of appallingly unprofessional service, it’s no wonder that so many don’t bother to take up their benefit entitlement. CASE STUDY
  • 11. 11 Frequently we find that DWP staff simply don’t have access to the information that CAB advisers need and welfare reform may go some way towards addressing the problem - particularly in the case of Universal Credit, which promises a simpler and more streamlined system. However, in the immediate future there is the potential for greater confusion as new procedures continue to run alongside the old. Claimants will continue to rely heavily on advice and information, and in the case of working age benefits designed to help people back into employment, local Jobcentres are the obvious point of contact for most claimants. Just the Job “We provide a wide range of advice and support to help you get a job,” says Jobcentre literature, and the same leaflet talks about providing help and advice with compiling a CV, claiming travel costs, accessing training and employability skills as well as delivering support for disabled people. However, the reality for many is that the support they get from their Jobcentre is less than adequate, something which is reflected not only in the evidence of our clients, but also in the experiences of our volunteers, many of whom offer their services to our organisation while they are looking for paid work. Jobcentre refuse claimant use of the phone The client is single, homeless and has a mental health problem, which necessitated making a claim for ESA. He visited Jobcentre Plus and asked to make a claim, only to be told that he must do this by phone. He was told that he could not use the Jobcentre's phone as the ESA claim line is an 0800 number. The failure of Jobcentre Plus to provide even the most basic service to claimants is difficult to comprehend. No explanation was given as to why the fact that the claim line is an 0800 number should make it unreachable from the Jobcentre's phone. Although, this apparent communication blackout between different departments of the DWP might go a long way to explaining many of the problems that we see. I have noticed that the general support for jobseekers as regards finding work is very poor. Only since joining the government's ‘work programme’, did I find any worthwhile help. But even that turned out to be rather indirect. It was completely in terms of the following: FREE postage, envelopes, internet access and use of printers… Basically, as far as the ‘work programme’ is concerned I concluded that it is simply doing what Jobcentres are already supposed to be doing. CASE STUDY
  • 12. 12 Many clients are disappointed that Jobcentre staff seem reluctant to give them accurate benefit advice. This often seems to be at odds with their stated aim of helping people back to work, particularly when it comes to benefits such as Working Tax Credit, which is specifically designed to make work pay. Often, all that is needed is for Jobcentre advisers to point claimants in the right direction. A friend recently told me that she had been called up to sign-on by a Jobcentre employee who proceeded to bemoan his job. She explained that she was not impressed with this behaviour. This is the same Jobcentre that has recently launched a bunch of initiatives designed to inspire a sense of optimism and positivity in jobseekers; the same Jobcentre that sends their employees to meetings that deal in subjects such as success, engagement and overcoming obstacles. Yet, more and more jobseekers find themselves dealing with depressed and dead eyed dullards, who are neither interested in success, engagement or – to labour a point – overcoming obstacles. Today, in CAB, I spoke to a client who was claiming JSA. The Jobcentre she is registered with is aware that she’s going through Chemotherapy, and they appear to have done nothing to direct her towards a more suitable type of welfare. I have considered why I find this so very offensive, and I think it’s the sheer presumption of it. What would it take to direct this woman to PIP? I have been provided with a rainbow of information – most of which has been in error, or is mind bogglingly out of date – all of which has been delivered with an earnest conviction. Whenever I raise a question, or cite a problem I need help fixing, employees tend to shun me eager to get back to their familiar spiel. It seems to me, what Jobcentre employees lack in know- how, they make up for in certainty.
  • 13. 13 In a number of cases our clients have remained completely in the dark about what action and information is required of them. Despite making efforts to clarify what they need to do to evidence their job search, the responses they have received have been confusing and contradictory. Jobseekers are bombarded with irrelevant information, which, it seems, only serves to keep Jobcentre employees occupied. Whilst this might seem unfair considering all the work that has gone into drafting new policies, many jobseekers are provided with an alarming lack of up-to- date information on how to claim travel expenses; how to apply for work; how to register as a volunteer; and how to use the new online system. I have never been helped in any way by DWP jobcentres. For example, my most recent adviser did not make a single appointment to even meet with me! Scrutiny of our weekly job-searching activities was patchy, and inconsistent between different members of DWP staff. This was never really a problem for me, but the current checks on jobseekers' work activities are difficult to apply, vague and subject to interpretation.
  • 14. 14 Digital or Die One of the key features of Universal Credit is the ‘Digital by Default’ agenda – the government’s intention for the majority of claims (around 80%) to be made and administered online. The government recognises that not everyone has access to the internet, and that even those who do will still need to be supported in making a claim. In fact, in a recent survey carried out by Derbyshire Districts Citizens Advice Bureau, around half the respondents said that they wouldn’t be able to make a claim without assistance1. Unfortunately, we are already seeing cases where clients are being excluded or disadvantaged. 1 Digital Access in Derbyshire http://www.scribd.com/doc/155654693/Digital-Access-In-Derbyshire-pdf I have come across one client so far who tried to start his JSA claim on line. It took three attempts over a number of days before this finally worked, as a result his benefit award started a few days later than it would have done had he registered by phone. How unfair is that? Jobcentre tell client she can only apply online The client phoned Jobcentre Plus to ask about Jobseeker’s Allowance. She was put through to her local office at Long Eaton where she was told they do not make appointments and she would have to apply online. The phone was then put down. The client was given no opportunity to explain that she was unable to make an online claim, or informed of the other options open to her. So much for the promised support for claimants who are not online. CASE STUDY
  • 15. 15 Clearly, in order to achieve its target for online claims, suitable support and training will need to be available. However clients’ experiences of Universal Jobmatch (an online tool which allows claimants to manage their job search) may give a foretaste of the issues claimants will experience with the move to the online management of benefit claims. Sanction first, ask questions later In instances where claimants fail to fulfil their job-seeking requirements, the DWP is empowered to impose a sanction. For instance, should a claimant fail to attend an interview, or apply for an agreed number of jobs over the course of a week, their benefit can be withheld. Over the past year we have seen an increase in the numbers of clients who believe that they have been unfairly sanctioned, and as we saw previously, sanctions can arise from a failure on behalf of Jobcentres to provide adequate information and support. Worryingly, one factor that seems common to many of the cases we see is that the clients’ circumstances are not investigated. Lack of ability to use Jobmatch results in sanction. The client has been sanctioned for three months for failing to complete the necessary steps to prove she is actively searching for work. However, the problem stems from the fact that she is unsure how to use Universal Jobmatch. She has recently begun using the system, but is not computer literate. She was only briefly shown how to use it, was confused by it and made mistakes which have led to her sanction. The client can no longer afford her priority outgoings. As a direct result of this sanction she has been pushed into debt. Clearly what should have happened in this situation is that the client’s Jobcentre Adviser should have identified that the client was in need of further information and support. Instead, what has actually happened is that they have used their own failure to provide adequate training as an excuse to impose a sanction. CASE STUDY One CAB client, who had failed to attend a sign- in day which was incorrectly dated, received a letter of apology and a letter of sanction on the same day.
  • 16. 16 Even when explanations are offered, they are frequently ignored. The upshot is that the DWP appear to be operating a ‘Sanction First, Investigate Later’ policy – if, indeed, they investigate at all. Interestingly, the cases we come across appear to centre on particular Jobcentre offices, indicating a lack of consistency across the DWP as a whole in the way that sanctions are imposed. JSA Sanctions - circumstances not investigated On 15 January 2013 the Jobcentre wrote to the client stating that he is being sanctioned because he failed to apply for a job with Frontline Recruitment. In fact the client had telephoned the company twice about the job and has obtained his phone records from Virgin Media to prove this. The client’s benefit was stopped and he had to apply for a hardship payment. On top of this there was the additional expense in obtaining his phone records. The client is extremely angry that the Jobcentre have imposed this sanction without investigating the circumstances. Furthermore, when he subsequently got in touch with the Jobcentre to explain, he reports that they refused to listen to him. CASE STUDY The issue that causes me greatest concern at the moment is sanctions. I have come across two situations now where the client has been trying to uphold their end of the agreement and been let down by another agency (eg. computer system wouldn’t record that they had attended their ICT training) but the Jobcentre has not taken any notice of this and stopped benefits anyway. Client not notified of JSA sanction The client, living in Ilkeston, is claiming JSA and was sanctioned one week’s pay due to not taking up a job offer. The client does not believe this was reasonable as he was only given 13 hours notice of the job offer and already had a commitment that he could not cancel at such short notice. The client was not given the opportunity to explain why he needed more notice and was not even notified of sanction. He did not find this out until he went to withdraw money from his bank account. The client has been short of money for basic living. He is frustrated at not being given the opportunity to explain why he could not take the job offer at such short notice, or not being given the opportunity to start on the next working day. CASE STUDY
  • 17. 17 Nul Points! When it comes to snap decisions and the lack of proper investigation, our evidence suggests that such impetuosity is practically mandatory when it comes to ESA verdicts. Employment Support Allowance was introduced in 2008 to replace Incapacity Benefit, and in recent years many IB claimants have been migrated to the new benefit. For some time, ESA has been the subject of the majority of the social policy evidence that our advisers submit, and there has been consistent criticism of the way in which the assessment of claimants is carried out. Since the introduction of ESA, Bureaux have been reporting on failures to recognise, investigate and record clients’ symptoms and supporting evidence. On occasion this ‘failure’ has erred towards the deliberate misinterpretation or downright rejection of clients’ responses. Our advisers are concerned that improvements have not been forthcoming, and also anxious that the same approach should not be taken with Personal Independence Payments. This year PIP replaced Disability Living Allowance and, like ESA, includes a physical assessment. Atos, the company responsible for assessing ESA claimants, is also one of the companies that will be carrying out PIP medicals. Sanctioned JSA as client was unable to use internet The client, from Ilkeston, is out of work and claiming Jobseeker's allowance. As he has no experience of IT, he asked Jobcentre Plus to send him on a course. The course, being run by A4E, was a failure as the PCs only worked one hour out of the six. As a result the client is still unable to use IT. Jobcentre Plus has since emailed jobs to the client, but because of his lack of skills he has been unable to access the information. As a result he has been sanctioned. The client has no income whatsoever. He still cannot effectively use IT and cannot currently afford to travel to the Jobcentre. The Jobcentre did not consider the client’s reasons for being unable to follow up the job applications before imposing the sanction. Had they done so, they would have recognised that the circumstances had arisen wholly out of the inadequacy of the course. CASE STUDY The biggest problem clients have encountered is that the Assessors for ESA do not appear to have relevant questions to which clients can reply. Consequently they are coming to the Bureau with zero points and having to appeal.
  • 18. 18 Inadequate Medical Assessment The client has mental health issues and her application for ESA was turned down after the Work Capability Assessment awarded her zero points. During the assessment the Atos health professional claimed that they did not have the client's notes and denied that Atos had received them. The client's support worker was also in attendance and exposed this lie by pointing out that she had seen them on the reception desk. The assessor went to fetch them, but did not consult them. Furthermore, the assessment letter that the client received contained information which directly contradicted points that she made in her application. The client now has no money, is unable to work because of her medical conditions and cannot claim Jobseeker’s Allowance. CASE STUDY What a lot of people don’t realise is how much this must be costing us. We, the taxpayers, are paying for Atos to carry out dodgy assessments, and then paying again for the appeal tribunals to sort out the mess. It makes no sense. It would be like merrily taking your car to be serviced by someone who just kicks the tyres and says ‘Yeah, that’ll do’, before getting another garage to do it properly. You might make that mistake once, but you wouldn’t go back year after year.
  • 19. 19 Benefits Claimants – Saints or Sinners? Taking into consideration the rise in sanctions, the treatment of ESA claimants and the generally harsh attitude towards people who access benefits, it might appear that there is an ongoing cultural shift towards the demonization of welfare claimants. Even the language used appears to undermine people’s entitlement to access benefits. CAB clients often speak of feeling persecuted, as though claiming benefit has become criminalised. Certainly, a rigorous approach is needed to protect the system from those who would seek to exploit it, but the cost is that many claimants whose circumstances are being investigate feel that they are ‘guilty until proven innocent’. Investigations can seem intrusive, excessive and unnecessary, and this can make people reluctant to access the help they need. I get tired of people talking about ‘scroungers’ and ‘layabouts’ as if people who claim benefits are some kind of underclass. In my work as an adviser, I see people from all walks of life. I see people who have worked all their lives, paid their tax and national insurance, supported the welfare state and served their country in all sorts of ways. But suddenly they fall on hard times, through no fault of their own, and when they need help they’re branded as liars and cheats. The scary thing is that it could happen to any one of us. The DWP consistently refers to claimants as ‘customers’. It may be a piffling point of semantics, but the distinction between ‘claimant’ and ‘customer’ underlines a subtle shift in how users of the benefit system are perceived. A customer has a choice in contracting for a service; a claimant has a right. I am very concerned for those that are under twenty five who have to claim rent in shared accommodation. They have to undergo a stringent check - which involves a visit from the DWP - on whether they are co-habiting. They also have some very personal questions asked. There is also the constant checking of people who are considered incapable of work. I met a client who, within one month of being checked and being told his money was safe, had his money stopped. I feel that vulnerable people should not have to go through these checks so often! If they have just been checked surely they should be left alone for at least a year before the next one.
  • 20. 20 Where? Where can clients go to get help? A man works 18 hours a week for minimum wage but, as the job is fifty miles away from his home, quite a big chunk of his earnings go on travel costs. This is a problem as he is struggling to pay his bills and is already in arrears with his electricity and his phone. He can’t get help towards his Council Tax because of his income, but even if he earned nothing at all he’d still be required to pay a percentage of it. He’s also in danger of falling behind with his rent because, although he gets some housing benefit, he is a social tenant under-occupying a three- bedroomed house. His housing association can offer him nothing smaller, so in the meantime he has to make up the shortfall. He’s looking for a full time job but he can’t claim JSA, he’s already working too many hours. He can’t claim Working Tax Credits, he’s not working enough. What can he do? He could try a food bank. There are more and more of them springing up these days – increasingly they seem to be shoring up a Welfare System that is no longer willing to provide. But help from a food bank is not guaranteed and it doesn’t seem right that a working adult should have to depend on charity. A short term loan, then? Just to see him through to his next pay day. It’s quick, it’s easy and he can get a decision in seconds. And the adverts on the telly always make them seem very friendly. The problem is that he already has five outstanding pay day loans - and although there is no shortage of irresponsible companies who will lend him more, he knows that in the long term he’s just increasing his debt. Perhaps that’s what he needs to tackle first – his debts. He could use one of the many Debt Management Companies that he sees advertised everywhere. There seems to be a couple of dozen new ones every week, and they all appear to know about this ‘little known government legislation’ that will make him debt free by the weekend. Trouble is, he suspects that they will just charge him a fat fee for doing next to nothing and he’ll wind up flushing money down the drain that would have been better spent servicing his arrears. So that just leaves the lottery – or, as it’s otherwise known, a claim for miss-sold PPI. Yes, a cash sum is just waiting for him to hit ‘collect’ according to the claim companies that phone him up six times a day. Of course, he’s never had PPI, but that doesn’t stop the phone calls.
  • 21. 21 Every day, CAB staff and volunteers advise clients facing these same challenges. At a time when people’s futures are uncertain and welfare provision is changing, we help people to navigate the often confusing benefits system and ensure that they are receiving all the help to which they are entitled. In an economic environment bustling with fee- charging debt management firms, claims companies and lenders offering easy access to high cost credit, CAB Advisers help clients to make informed decisions, assist them in making claims and negotiating payment plans and empower clients to become more financially capable. Welfare and the consequences of benefit issues are just one part of what the CAB does, but this area has by far the greatest impact on our clients. Our advice changes lives, and we remain committed to delivering a service which is open to everyone, and which is independent, confidential, impartial and free. With thanks to the staff and volunteers of Derbyshire Districts Citizens Advice Bureau for their contributions. Image copyrights - P4: Citizens Advice/ABCUL, P 18: www.imagesource.com, P21: Citizens Advice, All other images © Derbyshire Districts CAB
  • 22. © Derbyshire Districts Citizens Advice Bureau, 2013. Company Limited by Guarantee. Registered in England & Wales No 4429840. Registered Charity No 1094369. Registered Office 26 Spring Gardens Buxton SK17 6DE.