Welfare Reform Bill

In the Welfare Reform Bill briefing we wrote about the problems with the bill and how people with learning difficulties will be badly affected by the changes of disability benefits (incapacity benefit being replaced by the Employment and Support Allowance).

One thing that was clear is there was no information on how the new benefit law will work.  

A big worry is how decisions will be made to cut disabled peoples’ benefits if they do not take part in work-related activities.

There were questions about the Personal Capacity Assessment (a test to see if you cannot do paid work):

• What are work-related activities? (If you are assessed as being able to work)
• What must you do in order to get Employment and Support Allowance?  

The Government’s draft regulations are now ready for us to see - these are very detailed laws about when and how decisions will be made on cutting a disabled person’s benefit if seen not preparing for paid work.

The Government have written these laws in a big rush and they will not be in easy words and pictures or on tape.

We think it would be great if groups can ask for these regulations in easy words and pictures and on tape.

Groups should write to:

John Oliver
Welfare Reform Programme and Bill Division
2nd Floor
The Adelphi
London
WC2N 6HT

or phone 020 7962 8757.

Meanwhile, below are some of the things which are being said in the regulations.

Failure to take part in a work-focused interview

Regulation 10
The Government have said that the job centre or the Pathways to Work staff must do certain things like get in touch with you, tell you when the interview is taking place and to check you can get there and the like.

There is a list of ‘good reasons’ for not getting to the interview like transport problems, being ill or going into hospital, so you do not get a benefit cut.  

However, there is nothing to say what will happen if you cannot go to the interview because there was no support available or staff could not be bothered to support you.   

Taking Part in Work-Related activities

(Clauses 12-14)   
The Government have said they will not be saying what ‘work-related’ activities are.  The Government will decide what work-related activities are after the Pathways To Work scheme is up and running.

There is nothing to say what ‘work-related’ activities are. This means that someone could be forced to take part in anything.

The regulations say that a benefit claimant does not have to take part in any specific work-related activity.

This means one cannot be forced to do something she or he does not want to do.  

However, a benefit claimant must take part in a work-related activity.

This does not make sense as on one hand a claimant can choose what to do to prepare for paid work but on the other hand they must do something even if they do not want to do it!  

Pathways To Work may only get you work activities which you do not want to do, rather than helping you find ones which would be of interest to you.

The Government have not said if a claimant can choose what paid work they want to try and get or the job staff can tell them to look for anything.   

It is unclear how much, if any, choice a claimant has with preparing for paid work. (Regulation 7).
 
The Government have not said what the longest time that a disabled person can be forced to spend taking part in agreed work activities are.  

This is important because most paid workers have a right not to work more than 48 hours (the European Work Directive).

Is the government being unclear on purpose because they know that being truthful about forcing disabled people to take part in work-related activities will cause problems?

There will be an assessment of whether a person has limited capability for work-related activities.

This is a test to see if you can or cannot do work-related activities. The Government wants a test just to see if you have difficulty with using your body or brain or understanding things.  

The test only focuses on how ‘well’ your body or brain works when doctors decide if you can take part in work-related activities. There is nothing about the barriers that disabled people face when looking for work.

These draft regulations are very unclear to understand.  The Government doesn’t want to be clear with MPs and us about what they want to do with benefit cuts.

If you would like any more information or details of campaign events, please contact us.

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