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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Benefit Safeguards - policy issues

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Owen_Stevens
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A report from the Money and Mental Health Policy Institute recommends enabling people to turn off
conditionality during a mental health crisis - http://www.moneyandmentalhealth.org/benefits/

The DWP have responded to the WPSC report on support for disabled people: https://publications.parliament.uk/pa/cm201719/cmselect/cmworpen/1998/199803.htm

See also the report from Rightsnet: https://www.rightsnet.org.uk/welfare-rights/news/item/DWP-to-explore-Proof-of-Concept-for-policy-that-universal-credit-cla

This includes the following:
agrees to trial different ways of systematically collecting data on claimant vulnerability, and begin from the principle that all former ESA claimants who do not manage to claim by the migration deadline are vulnerable;
agrees to builds its capacity to identify existing universal credit claimants who have potentially complex needs;

Owen_Stevens
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As reported by Rightsnet the DWP has outlined a plan to use stakeholders and partners to help it ensure that people move safely from legacy benefits to universal credit: https://www.rightsnet.org.uk/welfare-rights/news/item/DWP-outlines-plan-to-use-stakeholders-and-partners-to-help-it-ensure-that

See letter and presentation from Neil Couling attached

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Owen_Stevens
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Continuing problems among DWP staff identifying vulnerability and applying vulnerability guidance
https://www.disabilitynewsservice.com/jodey-whiting-dwp-ignored-five-safeguarding-chances-before-wca-suicide/
https://www.bbc.co.uk/news/uk-england-tees-47332954

The families have started a petition calling for an inquiry into these deaths (including failure to follow DWP safeguarding procedures): https://www.disabilitynewsservice.com/six-families-back-petition-to-mps-calling-for-inquiry-into-dwp-benefit-deaths/

Owen_Stevens
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The government have responded to the Jodey Whiting petition: https://petition.parliament.uk/petitions/243337?fbclid=IwAR2Flmh0wE_Z1N4RelPfWgiMJa8Rqson3hQgwXTwqDNttm-GQ11PPyblzQo

The response includes the following on benefit safeguards:
“[...] The DWP supports people with a wide variety of needs and staff are trained to identify signs of vulnerability which may include offering extra help with people’s benefits should they need it. The safeguarding of claimants is a priority and the department has a number of processes in place, including a home visiting service to check on people’s well-being, or offering help with completing forms, as well as signposting to specialist support provided by other organisations we work closely with.

Claimants of working age who wish to apply for Employment and Support Allowance because their health or disability impacts on their ability to work are usually required to attend a Work Capability Assessment. If a claimant fails to attend the assessment, our decision makers must check the claimant’s records for any history of mental health or other vulnerability. Where there are issues noted on the claimant’s record, decision makers are required to consider whether the claimant would benefit from a home visit.

We are committed to safeguarding vulnerable claimants [...]”

Daphne
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Neil Couling has responded to a letter from the Public Accounts Committee outlining how the Department equips universal credit work coaches to identify and support customers with complex needs - added as a stop press to this story - Public Accounts Committee asks DWP to outline the ‘step change’ it has made in its attitude to listening to feedback from stakeholders

Vonny
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It is hot here so I am unsure if I really read ‘senior responsible owner’ or am hallucinating

As for care leavers it doesn’t appear to be helping in complex cases, we have repeated phone calls from a leaving care worker about a young lady who was taken into care due to abuse from her family, she is an EU national and for obvious reasons cannot get evidence from her father of his work history.  A vulnerable person with complex needs and social services are having to continue to support her because UC will not sort out her claim.  Maybe Mr Couling is responsible for this and many other equally bad situations.

Owen_Stevens
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Article reviewing attempts by third parties to make DWP aware of ‘complex needs’ among universal credit (UC) claimants

https://cpag.org.uk/welfare-rights/resources/article/uc-and-complex-needs

Andyp5 Citizens Advice Bridport & District
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This article alone is worth the subs as a CPAG Rights member!

We have been trying to set up a vulnerable clients formalised agreement/system with JCP since 1st December 2017, MP involved July 2018, another meeting earlier this Summer 2019, told its down to DWP legal dept.

Now nearly 2 years later, its great to see the examples in the article.

But really frustrating the lack of progress down here, we are not so much lagging behind, as getting left behind by.

Owen_Stevens
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SSAC report on claimant commitment: https://www.gov.uk/government/publications/ssac-occasional-paper-21-the-effectiveness-of-the-claimant-commitment-in-universal-credit

The following quotes may be of interest:

“Our evidence again points to a range of possible underlying factors: lack of confidence in applying discretion for conditionality requirements for people with physical and mental health problems and a lack of awareness of how or when to apply discretion appropriately.”

“We found evidence of Jobcentres working in partnership with third party organisations to build up the skills and knowledge of work coaches around claimants with complex needs. [...] In Newcastle, some Jobcentres are piloting a multi-team support approach for homeless claimants, which helps work coaches define tailored commitments that align with additional support plans the claimant may have in place”

“[W]e also found evidence of commitments not being developed and used effectively when measured against the principles set out above. In particular, we found a lack of consistency in the approach to tailoring of claimant commitments and a range of issues that could lead to significant detriment, particularly to claimants in vulnerable circumstances. We saw some excellent examples of this. But we also saw Jobcentres which did not appear to approach this with much energy or ambition.

The challenge is we don’t know the true scale of the problems that are highlighted in our evidence, nor where they are happening or whether they are becoming more or less frequent. That’s because DWP doesn’t collect data centrally on the quality of claimant commitments. Instead, Jobcentres take a risk-based approach to quality assuring commitments through random sampling and team leader observations of work coaches. However, our evidence suggests observations are not happening consistently and where they do happen, DWP systems don’t enable data collection. This means Jobcentres have to create their own data collection systems to assess and monitor the quality of commitments, which takes time away from working with claimants.”

Owen_Stevens
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“Complaints about the DWP ‘too often’ show that it has not followed steps to safeguard vulnerable claimants, Independent Case Examiner’s annual report also says recent discussions have provided some reassurance of improvement but she will continue to pay close attention”

https://www.rightsnet.org.uk/welfare-rights/news/item/complaints-about-the-dwp-too-often-show-that-it-has-not-followed-steps-to-safeguard-vulnerable-claimants

https://www.gov.uk/government/publications/dwp-complaints-annual-report-by-the-independent-case-examiner-2018-to-2019