Welfare Reform poses a disincentive to returning to work

There, I said it. Hopefully someone will listen.

Voluntary Work is an often used and valuable part of people with mental health difficulties’ recovery.

In the current climate if someone rings the DLA unit to say “I’m doing a bit of voluntary work” then they will be migrated to PIP. A lot of people with awards due to supervision needs i.e. most of my mental health caseload, really don’t want to migrate if they can avoid it.

Hence the threat of migration poses a disincentive to taking steps toward recovery and thus work.

There needs to be some protection from migration for people doing voluntary work otherwise claims that Welfare Reform is intended to move people back into work prove to be all stick and no carrot (although we kinda knew that anyway didn’t we?).

Tony Bowman - 07 April 2014 12:25 PM

DManville - 07 April 2014 09:52 AM

There, I said it. Hopefully someone will listen.

Voluntary Work is an often used and valuable part of people with mental health difficulties’ recovery.

In the current climate if someone rings the DLA unit to say “I’m doing a bit of voluntary work” then they will be migrated to PIP.

Don’t notify. Starting work (paid or voluntary) is not a reportable change of circs for DLA. No requirement to notify at all.

Are you sure?

I’m half sure I’ve seen it in the inf4 notes (hence my request below this thread)

There is alsoCDLA 2396 2011.

edit; but I am still very concerned about encouraging people not to report if the inf4 tells them to.

Maybe it’s time to reprise that conversation…

I once asked at a Tribunal “How is the claimant expected to assume that starting work is a relevant change of circumstances when the claim form itself asks no questions about employment when a claim is submitted?”  If its not important at the start of a claim, how does it become relevant half way through a claim?

the trouble is, of course, that even though DLA is a disablement benefit, not a work related benefit, and work is not a reportable circumstance if your disablement remains the same - the DWP will however, when they find out, assume you are defrauding them, stop your benefit, create an overpayment, prosecute, etc….. so people are in a catch 22.

I agree that it is definitely not reportable and in most cases client’s should eventually be fine, but it’s the stress of dealing with the intervening grief that’s the trouble for them

and the DWP’s fraud team are of course not trained to know anything about anything…

We would advise a client that there is no requirement to report starting work (voluntary or paid) but that if there has been a change in the level of their care or mobility needs which may affect their award (which may or may not be illustrated by being able to start work) then that is something they are required to report.

Over the years we have seen plenty of DLA decisions removing / reducuing the award where the fraud officer conducting an IUC demonstrates a singular lack of understanding of the qualifying conditions for DLA, the DM grounds are ‘the work undertaken is incompatable with the award of DLA’,  the overpayment decision ‘the cliamant failed to report they had started work’ and the tribunal just laughed and allowed the appeals!