New welfare reform changes

[mikeymack2002]

With the new changes that MAY be coming in the very near future, what does this all mean to the claimant? For more information please see here >> http://www.publications.parliament.uk/pa/bills/lbill/2015-2016/0092/lbill_2015-20160092_en_2.htm#pb4-l1g14

 

 

Sorry in advance for the long read...

 

 

MM

[Nystagmite]

Thanks. I've read through some of it and in summary:

- certain (anyone know if it's all working age benefits?) benefits are to be frozen until April 2020 at the rate they were in April 2015

- loans for mortgage interest

- freeze of certain tax credits until April 2020

- benefit cap review

[Lapsed Workaholic]

This Bill, the Welfare Reform and Work Bill, is currently wending its way through Parliament. It hasn't been enacted into law yet. Earlier this week, or was it the end of last week, it was debated in the House of Lords. Looks like their Lordships are digging their heels in opposition to it.

The government needs to have this Bill enacted in order to facilitate the introduction of the new Work & Health Programme which is curently being designed to replace the beloved Work Programme when the contracts for it expires in 2017.

Notice the number of instances in the Bill where it mentions that Regulations may be introduced or made. These are the killers, Devil in the detail. These are usually introduced by Statutory Instrument (S.I.) and are usually passed through Parliament on a nod with little or no scrutiny. There are exceptions, one being the furore caused recently when the Lords rejected the Working Tax Credit S.I. which caused Osborne to make an embarrassing climb-down.

In the Budget of July 2015 George Osborne announced a four year freeze in working age benefits from April 2016.

HMRC have produced a list of the benefits which will be frozen and those that won't.

 

Benefits which will be frozen are:

 

• Jobseekers’ Allowance
  
• Employment and Support Allowance (but not the support group component)
  
• Income Support
  
• Child Benefit
  
• applicable amounts for Housing Benefit
  
• Local Housing Allowance rates, with provision for high rent areas.
  
• Child tax credit and working tax credit (excluding disability elements)
  

Benefits which will not be frozen are:

 

• Maternity Allowance
  
• Statutory Sick Pay
  
• Statutory Maternity Pay
  
• Statutory Paternity Pay
  
• Statutory Shared Parental Pay
  
• Statutory Adoption Pay
  
• disability, carers and pensioners’ premiums in the frozen benefits
  
• the Employment and Support Allowance Support Group component
  
• disability elements of tax credits
  
• other disability, carer and pensioner benefits, which will continue to be uprated in relation to prices or earnings as applicable.
  

[mikeymack2002]

Like I said something could be 'slipped in' I'm curious to find out what it could be...

[Lapsed Workaholic]

Like I said something could be 'slipped in' I'm curious to find out what it could be...

 

You did indeed say something like that on another thread, and by satisfying your curiosity you will be informed and forewarned, which, as they say, is to be forearmed.

The Parliament website gives access to recent debates on the legislation in question, as well as the Bill itself and explanatory and related documentation.

 

Welfare Reform and Work Bill 2015-16

 

Dates for all stages of the passage of the Bill, including links to the debates:

Commons:

1st reading: House of Commons 9 July, 2015

2nd reading: House of Commons 20 July, 2015

Money resolution: House of Commons 20 July, 2015

Programme motion: House of Commons 20 July, 2015

Committee Debate: 1st sitting: House of Commons 10 September, 2015 (1) (2)

Committee Debate: 2nd sitting: House of Commons 10 September, 2015 (1) (2)

Committee Debate: 3rd sitting: House of Commons 15 September, 2015 (1) (2)

Committee Debate: 4th sitting: House of Commons 15 September, 2015 (1) (2)

Committee Debate: 5th sitting: House of Commons 17 September, 2015 (1) (2)

Committee Debate: 6th sitting: House of Commons 17 September, 2015 (1) (2)

Committee Debate: 7th sitting: House of Commons 13 October, 2015 (1) (2)

Committee Debate: 8th sitting: House of Commons 13 October, 2015 (1) (2)

Programme motion: House of Commons 13 October, 2015

Committee Debate: 9th sitting: House of Commons 15 October, 2015 (1) (2)

Committee Debate: 10th sitting: House of Commons 15 October, 2015 (1) (2)

Committee Debate: 11th sitting: House of Commons 20 October, 2015 (1) (2)

Programme motion: House of Commons 27 October, 2015

Report stage: House of Commons 27 October, 2015

3rd reading: House of Commons 27 October, 2015

Lords:

1st reading (Hansard): House of Lords 28 October, 2015

1st reading (Minutes): House of Lords 28 October, 2015

2nd reading (Hansard): House of Lords 17 November, 2015

2nd reading (Minutes): House of Lords 17 November, 2015

Committee: 1st sitting (Hansard): House of Lords 7 December, 2015

Committee: 1st sitting (Minutes of Proceedings): House of Lords 7 December, 2015

Committee: 2nd sitting (Hansard): House of Lords 9 December, 2015

Committee: 2nd sitting (Minutes of Proceedings): House of Lords 9 December, 2015

Committee: 3rd sitting (Hansard): House of Lords 14 December, 2015

Committee: 3rd sitting (Minutes of Proceedings): House of Lords 14 December, 2015

Committee: 4th sitting (Hansard): House of Lords 21 December, 2015

Committee: 4th sitting (Minutes of Proceedings): House of Lords 21 December, 2015

Committee: 5th sitting (Hansard): House of Lords 12 January, 2016

Committee: 5th sitting (Minutes of Proceedings): House of Lords 12 January, 2016

Report: 1st sitting: House of Lords 25 January, 2016

Report stage (Minutes of Proceedings): House of Lords 25 January, 2016

Report: 2nd sitting (Hansard): House of Lords 27 January, 2016

Report: 2nd sitting (Minutes of Proceedings): House of Lords 27 January, 2016

Documents relating to the bill can be read or downloaded from this link:

http://services.parliament.uk/bills/2015-16/welfarereformandwork/documents.html

 

There are hundreds of them and it isn't necessary to reproduce the full list here.

Just in case the workers in employment might feel left out of the new world order another raft of measures are being proposed to deal with them. These are introduced under The Trade Union Bill 2015-16 It too has been before Parliament since 15 July 2015. Related information on it may be accessed at:

http://services.parliament.uk/bills/2015-16/tradeunion/stages.html

 

Again the list is long and it isn't necessary to reproduce it here in full.

Those Bills have been published and available for scrutiny for over 6 months, a lot of homework and catching up to do.

In addition, if this were not enough, most newspapers websites now have comment and discussion facilities were exchanges of views are welcomed.

Political discussion forums abound. Indeed I believe CAG welcomes active and lively political discussion on one of its wings.

It may also be helpful to check out reaction to those Bills in Scotland where opposition to them appears to be more pronounced and intense, both in general and in their Parliament.

Rarely has such legislation, conceived in guile, enacted in stealth and implemented in ignominy, been imposed upon a people. Charles Dickens, railing against the repressive legislation and Poor Laws of his day wrote:

"I believe there has been in England, since the days of the Stuarts, no law so often infamously administered, no law so often openly violated, no law habitually so ill-supervised. In the majority of the shameful cases of disease and death from destitution, that shock the Public and disgrace the country, the illegality is quite equal to the inhumanity—and known language could say no more of their lawlessness."

Well I reckon Mr Dickens would regard even the Stuarts as pussycats compared to the current cohort of legislators.

So, if you can absorb all that and

IF you can keep your head when all about you

Are losing theirs and blaming it on you,

If you can trust yourself when all men doubt you,

But make allowance for their doubting too;

If you can wait and not be tired by waiting,

Or being lied about, don't deal in lies,

Or being hated, don't give way to hating,

And yet don't look too good, nor talk too wise:

 

If you can dream - and not make dreams your master;

If you can think - and not make thoughts your aim;

If you can meet with Triumph and Disaster

And treat those two impostors just the same;

If you can bear to hear the truth you've spoken

Twisted by knaves to make a trap for fools,

Or watch the things you gave your life to, broken,

And stoop and build 'em up with worn-out tools:

 

If you can make one heap of all your winnings

And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

And never breathe a word about your loss;

If you can force your heart and nerve and sinew

To serve your turn long after they are gone,

And so hold on when there is nothing in you

Except the Will which says to them: 'Hold on!'

 

If you can talk with crowds and keep your virtue,

' Or walk with Kings - nor lose the common touch,

if neither foes nor loving friends can hurt you,

If all men count with you, but none too much;

If you can fill the unforgiving minute

With sixty seconds' worth of distance run,

Yours is the Earth and everything that's in it,

And - which is more - you'll be a Man, my son!

At least, hopefully, your curiosity will be satisfied, if not sated.

[mikeymack2002]

Lapsed Workaholic

 

 

Indeed, I have been very busy this week on the Parliament website. Nice quote from Kipling too. Its my motto. Unfortunately I often lose my head as well as others losing theirs too. I have a lot of homework next week and over the weekend. As it helps to know what is happening so one may give the best advice they can and/or refer OP's to this sort of information too.

 

 

But I am currently in the Supreme Court TV section playing catch up too. DWP have/will be very busy their too...

 

 

These few are of interest to me and are as follows

 

 

1. https://www.supremecourt.uk/cases/uksc-2014-0125.html DWP

2. https://www.supremecourt.uk/cases/uksc-2014-0129.html DWP

3. https://www.supremecourt.uk/cases/uksc-2014-0150.html HMRC

4. https://www.supremecourt.uk/cases/uksc-2014-0087.html Retail violence (staff assaulting a customer) Sainsbury's))

5. https://www.supremecourt.uk/cases/uksc-2014-0164.html MoD (disability adjustments at work)

[mikeymack2002]

Then finally I am here >> https://www.supremecourt.uk/watch/uksc-2014-0164/140715-am.html Disability at work and discrimination against a non disabled person that is associated to a disabled person.. very interesting viewing...

 

 

The 1st 15 minutes are very informative... (opening statements)

[Lapsed Workaholic]

Looks like you have your work cut out with this lot Mikeymack.

 

I listened with interest to the case discussed in the link you provided in post # 7 and I was disappointed that the court's decision was not given at the end. Do we know whether or not the submission was accepted, and if it was, what became of it?

 

Regardless of all that, some points were made that I believe could be relevant to the issues raised by Kxo on the Ingeus thread.

 

Bearing in mind the concept of Adverse Impact or Effect as it applies to the activities she is being mandated to undertake and how they may affect her illness/disability, could the charge of direct or indirect discrimination and even harassment be appropriate?

 

Is she, as a result of the uncompromising intransience of her WP Provider and her being placed under an obligation to accept that she has the right, and her doctor is under an obligation, to arrange medical appointments or treatments to suit unreasonably and unnecessarily strict obligations placed on her by another person or body, in this case a member of her WP Provider staff.

 

Would you say, based on what you have learnt so far from your research, that the above line of reasoning might have a chance of succeeding to a prosecution of Ingeus under Article 8 of the European Convention on Human Rights?

[mikeymack2002]

Lapsed, I do understand your frustration in regards to the hearing you saw, please bear in mind this is the Supreme Court we are discussing in this case. The case has now been heard and the Lords/Lady will now have to retire to consider the many points of law. This includes those handed down in Brussels and other places.

 

 

Unfortunately this takes time, but any decision handed down will be back dated so to speak. I do believe that if the OP in the thread you refer to can also use this information against those i.e. the WP's. Not everyone understands the complexities of the then DDA now the EA, will be able to digest the many ways it can be broken and therefore committing the offence of discrimination/harassment.

 

 

As far as the points you have raised they too will no doubt be questionable, this is why I said please listen carefully. These types of cases where there are direct and indirect breaches they will have the ability to pursue a legal course of action against those allegedly committing the breach.

 

 

I was married to a disabled lady in the early '80's for 12 years and was very shocked at the treatment she received. I too as you may guess am disabled. I take no prisoners as far as what I call bullying and as you say Adverse Impact or Effects. See here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?459054-The-Vulnerable-Residents-Charter-and-Good-Neighbour-Scheme what upsets me more than anything is to see a disabled person being put through the wringer by an able bodied person.

 

 

This is why I added the link to her post and hope she or a friend/relative watches it with them. Hopefully they will take any action they need to allow the OP to have a much easier and less stressful life in the future. I doesn't help with those in the DWP being far to insensitive with what they expect a disabled person to do. Being pushed to far too so will also cause some serious long term complications. This includes emotional, physical, mental stress which is neither good nor the best way to deal with a disabled person.

 

 

I know there are many disabled posters on CAG and they too may agree with what I have said we may see some comments from them in the near future, once they read and watch what has been posted!!

 

 

Little is known that a lift needs to be compliant in a tower block, also the communal areas included. This really is a great subject to study and you may want to have a look at how noncompliance affects those like us, the disabled. Take a look at some of the places that do the Atos examinations, in a block on the 1st/2nd floor or other places like Caxton House. Plenty of YouTube videos can show you...

 

 

By the way I have been disabled just 6 years now and I hate it. I hate myself at times but for me CAG is my release and so are the numerous forums I post on.. If you want to know more about how hard it is for a new disabled person to cope then have a look at this forum here >> http://web.behindthegray.net/index.php?/page/index.html There is one particular thread I created that had so many hits and replies it was wonderful...

 

 

Sorry for the long reply but its my passion....

[mikeymack2002]

Please do not forget this piece of information, The Protection from Harassment Act 1997 >> http://www.legislation.gov.uk/ukpga/1997/40

 

1 Prohibition of harassment.

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

[F1(1A)A person must not pursue a course of conduct —

(a)which involves harassment of two or more persons, and

(b)which he knows or ought to know involves harassment of those persons, and

©by which he intends to persuade any person (whether or not one of those mentioned above)—

(i)not to do something that he is entitled or required to do, or

(ii)to do something that he is not under any obligation to do.]

Opening lines of the above Act...

[Lapsed Workaholic]

I appreciate that the "Millstones of Justice turn exceedingly slow, but grind exceedingly fine." I was not suggesting that they hurry up, only that after about 7 months has anything been heard?

I too agree that the points raised vis-à-vis the way Kxo has been treated will no doubt be questionable, that is, as to the legality of the WP Provider's actions.

I was not aware of the disabilities borne by you and yours but I do sympathise with and appreciate the anger and frustration that you feel. Nor was I aware of the work that you do to raise awareness of the issues faced by those with disabilities. More power to you in your work and long may it continue.

I share your hope that disabled members on this forum who read your post take up your call and inform themselves of the various ways in which they too can better fight those who would stoop to adding to their woes.

It occurred to me while watching the aforementioned case in the Supreme Court that a letter to managers at WP Provider offices threatening to bring an action under Article 8 of the European Convention on Human Rights and naming them personally would scare the bejasus out of them and encourage them and their staff to alter their behaviour.

 

I see no reason for you to apologise for the length of your post. It is a subject you obviously feel passionate about and have researched and studied. This is just the sort of information that members who feel exploited, victimised and demonised are crying out for. More, not less, of this sort of information should be the order of the day.

[mikeymack2002]

Have a look at Article 17 maybe? Head in a spin at the moment overload... Also new thread here that maybe of interest >> http://www.consumeractiongroup.co.uk/forum/showthread.php?459231-Is-anyone-following-this&p=4853479#post4853479

[mikeymack2002]

Next on my list is Protocol 12 Article 1 (Core Provisions) EcHR