Tax

My ESA has always been taxed.

On I moved! Soon after my ESA stopped. As with all Service, Bank Accounts etc I informed the DWP DWP – Change of Address – 2016-09-27

The DWP have said stopping my ESA is standard practice. This was due to me claiming PIP.

This is in violation of the Data Protection Act. DWP Have a duty to make sure all data they hold is accurate.

The 2016-2017 tax year ended on 6 April 2017. Any ESA Payments after this would count toward 2017-2018 Tax.
Due to a DWP cock up my ESA Stopped in September 2016.

On The DWP made a payment of £5793.20 This was backed dated ESA
I made DWP – ESA Non Payment – 1 – 2017-05-30
I got Letter 2017-07-06
I then got Letter 2017-07-28

On I made DWP – ESA Non Payment – 2 – 2017-08-19
I never got a responce so ICE said to email. correspondence@dwp.gsi.gov.uk

On I made DWP – ESA Non Payment – 3 – 2017-09-18

I also requested Letter 2017-09-21
As you can see
In 15/16 taxable benefit amount was £6269.66
In 16/17 taxable benefit amount was £2779.34

If we work on the assumption £6269.66 is the taxable amount for a full Tax Year. The personal tax allowance is about £11,000
If we take the £6269.66 and £5793.20 this is over the Allowance.

This has royally fucked my tax. This year is not a worry, but next year I’m going to assume it will take me over the Tax limit so will end up paying tax due to DWP mistake!

Legal Appeal

In the last years there have been a number of legal challenges or appeals to decisions that have not been liked.
he DWP have made it an art form, and worse the appeal has never work.

The DWP tried to keep secret the names of the employers who used free labour under workfare. dwp-forced-reveal-vast-list
The DWP tried to keep the number of claimants that died after being found fit to work quite after the ICO said it should publish these figures.
The DWP is currently taking The Bedroom Tax case to court. Tories’ Bedroom Tax appeal costs £100,000 as they argue it should apply to disabled teen’s carers

I don’t for a second believe this figure.

Now the NHS England are set to appeal a decision on PrEP HIV campaigners win NHS drug battle

Anger after NHS warns PrEP HIV drug could put other treatments at risk
As I said on Facebook the waste of money in the appeal is putting other treatments at risk. NHS England need to address this now, before being bitch slapped with it in court. 

DWP

dwp-forced-reveal-vast-list

The DWP needs to be stopped. They have wasted public money, our money trying to defend the indefensible. I believe this is the third time

  • A Number of people who died having been found fit for work
  • the ongoing bedroom tax.

There is a clear public interest in having these figures made public. When the ICO (or other regulator with legal powers) makes a judgement the claimant (DWP) should not be allowed to launch an appeal unless their was a legal fault.

Priti Patel

Priti Patel says cutting some disabled people’s benefits by £30 a week is justified I don’t like insulting anyone but she’s a witch!

Claimants in that group may have a “limited capability” to work but this does not mean they cannot work at all and so they should be helped out of the “benefits trap”, Ms Patel said.

Access To Work (AtW)

Access to Work

By

Date uploaded: October 02, 2014
Access to Work is a scheme “managed” by Jobcentre Plus. Its has a simple aim “assist disabled people into work”
this aim is the layered in hundreds of layers of Bureaucracy

A Fantastic example of this is eligibilit
Eligibility should be “Are you disabled?”

Minister for Disabled People

Justine Tomlinson

By


Justin Tomlinson Profile Picture

As a disabled “young” man I like to state this man does not in anyway represent me.
So in Parliament we’ve had… Esther McVey, Mike Penning, Mark Harper and now Justin Tomlinson

  • Voted very strongly against raising welfare benefits at least in line with price
  • Voted strongly for reducing housing benefit for social tenants deemed to have excess bedrooms (“bedroom tax”)
  • Voted very strongly against paying higher benefits over longer periods for those unable to work due to illness or disability

So he clearly understands the difficulties faced by disabled people.
Other voting record…A selection of Justin Tomlinson’s votes

Fit Note

While an employer can IGNORE this the whole system has been built on quicksand.
I was found fit twice once by by GP and once by a occupational therapist found by my employer.

Until employers see the person not the disability nothing will change.

Equality Act & Public Sector Equality Duty (PSED)

The equality act states “reasonable adjustments” must be made to accommodate an individual’s disability.
“Reasonable” is never defined, so an employer can say the changes are unreasonable.
My former employer (A Hospital) said there was no need to invoke “reasonable adjustments” as I was unfit to work. Having the “adjustment” may have made it practical but as the did not produce a list they could not assess me against them.
My former employer (A Hospital) produced a risk assessment of the ‘area’ I’d be expected to work in. The only thing this assessment proved is the failed to accommodate any disability.

TwoTick two tick

A PR Stunt by JobCentre Plus its unmanaged and completely pointless.
The scheme has no way to compare to business with Two Tick.
Once awarded there is no mechanism for it to be removed, allowing a business to portray disability awareness.

Disability Confident
Disability-Confident-logo

Another PR Stunt by DWP
It was embarrassingly revealed that only 400 business had signed up dwp exposes ids lies about success of disability confident campaign

Employment Tribunal

It Would be lovely to believe noting ever goes wrong, but back in reality an Employment Tribunal (ET) offered a small window of hope. An independent body would examine the dispute and make a finial statement.
This now has been removed as a FEE has been introduced for making an ET Claim & The Hearing.
Employment tribunal fees

Type of case Claim fee Hearing fee
Unpaid wages £160 £230
Redundancy pay £160 £230
Breach of contract £160 £230
Unfair dismissal £250 £950
Equal pay £250 £950
Discrimination £250 £950
Whistleblowing £250 £950
Groups or multiple claimants See the fees list See the fees list
All other fees See the fees list See the fees list

Priti Patel

For completeness…
Priti Patel

The Tories’ new DWP minister wants to bring back capital punishment

UPDATE

Care Cost

So once again I’m left confused and puzzled by the stupidity of the government.

I rely on care for quite basic functions, i.e. Shower, Toileting and Cooking. I get 4 single handed visits a day. I accept I should contribute towards the cost of this care. However Liberata (The company who manage the money side of care) have increased my contribution from £17.70/week to £62.55/week

While this is a lot, the logic behind the increase is mad

I get
ESA (Employment and Support Allowance)
DLA (Disabillity Living Allowance) Higer Rate Care & Mobility.

Point 1
I only pay for my care as I get ESA
Point 2
From DLA – Care £27.20 & £11.00 are disreguarded. No explanation as to how these figures are reached is given.
Point 3
The apporatily named DLA Care is mostly ignored.

1. Overview
If you’re ill or disabled, Employment and Support Allowance (ESA) offers you:

  1. financial support if you’re unable to work
  2. personalised help so that you can work if you’re able to

You can apply for ESA if you’re employed, self-employed or unemployed.
You might be transferred to ESA if you’ve been claiming other benefits like Income Support or Incapacity Benefit.

ESA

1. Overview
Disability Living Allowance (DLA) is a tax-free benefit for disabled people who need help with mobility or care costs.

DLA is ending for people who were born after 8 April 1948 and are 16 or over.

You can only make a new DLA claim if you’re under 16.

You’ll continue to get DLA until the Department for Work and Pensions (DWP) writes to tell you about when it will end. The letter will invite you to apply for a new benefit called Personal Independence Payment (PIP) and tell you what to do next.

Use the PIP checker to find out how your DLA will be affected by PIP.

Your DLA will continue if you were born on or before 8 April 1948. You’re not then entitled to claim PIP.

DSA

Appeals

So the DWP are sooooo useless it would be amusing if it was NOT public money!

Under Freedom Of Information I asked…

“How many appeals have the DWP launched when unhappy with the result? How much have these appeals cost?”

This was to difficult for the DWP and I was asked to clarify my request..

Question 1 – Do you mean appeals against decisions on all benefits/schemes administered by DWP or just some? If some – which benefits/schemes?
My request seamed quite simple, I asked for appeals the DWP have lunched. Nothing todo with benefit claimants. For example my understanding is the DWP was ruled against by ICO/Disability News Service and forced to publish benefit related deaths. The DWP launched an appeal to over turn this ruling.
Question 2 – What period of time do you want this information for? A start and end date would be useful.
Again I was not after a specified time frame, however the last six financial years?
Question 3 – DWP can appeal against a decision of the First-tier Tribunal (FtT) to the Upper Tribunal. Is this the type of appeal you are seeking information on? Subsequent appeals can be made to the Court of Appeal and Supreme Court. Please let me know what type of appeals you are seeking information on.
Again I’ve asked for appeals. If payment is made at any point I’m interested.
Question 4 – Appealing against a FtT decision is a two (sometimes 3) stage process. To appeal to FtT you have to apply for leave first (to FtT and if unsuccessful there, to UT). Then actually launch your appeal. Can you clarify which parts of the process you want information about.
I’m interested in the cost of appeals not the process or the legal outcome just the amount of public money that has been used.

We estimate that the cost of complying with your request would exceed the appropriate limit for central Government, set by regulations at £600. This represents the estimated cost of one person spending 3½ working days in determining whether the Department holds the information, and locating, retrieving and extracting it.

So there is no record of the use of public money? Its in the public interest to be my aware how its money is being used.

UPDATE

Dear Mr McMorrow,
Thank you for your Freedom of Information request received on 1st August 2015. You asked:
“How many appeals have the DWP launched when unhappy with the result? How much have these appeals cost?”
I wrote to you on 7th August to say that I could not proceed with your request without clarification of the information you seek since it was too broad in nature and needed to be refined to ensure it does not exceed the disproportionate cost limit. Unfortunately your reply is still too broad to be met within the cost threshold. Your reply to this request for clarification is contained as an Annex.
We estimate that the cost of complying with your request would exceed the appropriate limit for central Government, set by regulations at £600. This represents the estimated cost of one person spending 31⁄2 working days in determining whether the Department holds the information, and locating, retrieving and extracting it.
Under section 12 of the Freedom of Information Act the Department is not therefore obliged to comply with your request and we will not be processing it further.
We will consider afresh any revised request however we cannot guarantee that any revised request will fall within the cost limit.
If you have any queries about this letter please contact me quoting the reference number above.
Yours sincerely,
DWP Strategy Freedom of Information Focal Point

Annex – clarification of request
Dear DWP Strategy Freedom of Information,
I asked “How many appeals have the DWP launched when unhappy with the result? How much have these appeals cost?”
Question 1 – Do you mean appeals against decisions on all benefits/schemes administered by DWP or just some? If some – which benefits/schemes?
My request seamed quite simple, I asked for appeals the DWP have lunched. Nothing todo with benefit claimants. For example my understanding is the DWP was ruled against by ICO/Disability News Service and forced to publish benefit related deaths. The DWP launched an appeal to over turn this ruling.
Question 2 – What period of time do you want this information for? A start and end date would be useful.
Again I was not after a specified time frame, however the last six financial years?
Question 3 – DWP can appeal against a decision of the First-tier Tribunal (FtT) to the Upper Tribunal. Is this the type of appeal you are seeking information on? Subsequent appeals can be made to the Court of Appeal and Supreme Court. Please let me know what type of appeals you are seeking information on.
Again I’ve asked for appeals. If payment is made at any point I’m interested.
Question 4 – Appealing against a FtT decision is a two (sometimes 3) stage process. To appeal to FtT you have to apply for leave first (to FtT and if unsuccessful there, to UT). Then actually launch your appeal. Can you clarify which parts of the process you want information about.
I’m interested in the cost of appeals not the process or the legal outcome just the amount of public money that has been used.
Yours sincerely, Daniel McMorrow

Link:
reply.pdf

UPDATE

There is such a large gap between and as I was getting advice from ICO.

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Department for Work
and Pensions’s handling of my FOI request ‘Appeals’.

Having spoken to the ICO I’m requesting “internal review” of your
response, the appeals are funded with public money, proper records
should be maintained for audit and possiable FOI requests.
The DWP is expected to publish yearly records of accounting and
finance not being if able able to account for this money, the
accounting is flawed.

The DWP is a vast orginsation accounting records are important to
reduce potential misuses and fraud.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
https://www.whatdotheyknow.com/request/a…

Yours faithfully,
Daniel McMorrow

UPDATE

On I recived a case ref (FS50605275) from ICO. Michael Avery (Lead Case Officer) using the casework@ico.org.uk email address.

Your cases are eligible for consideration and has been allocated to a sector specific team.
A case officer will contact you as soon as possible to explain how your appeals will be progressed.

If you wish to send any further documentation while the case is awaiting allocation, please quote the relevant reference number at the top of this email. This will ensure that the information is added directly to your case.

Please be aware that this is an automated process. The information will not be read by a member of our staff until your case is allocated to an officer.

If you have any specific concerns before your case is allocated to an officer, please contact our helpline on 0303 123 1113, or 01625 545745 if you would prefer not to call an ‘03’ number, being sure to quote the reference number at the top of this letter.

Morals

Having no morals must be a prerequisite for being a Torie.
This was originally a post about morals (or the lack of them) however today’s Facebook post of…
Brutality of the Bedroom Tax exposed in disgraceful images of disabled Merseyside man driven from home

WARNING: The images in the above artical are horrific.

I’m subject to Bedroom Tax, however I’ve been trying to move for 3 years, I’ve been offer a house. No assessment of my needs has been done.

‘Bedroom tax’ – one year on, is it working? Short answer NO – but the DWP new that!

The Prime Minister voiced his opposition to introducing means testing for winter fuel payments, free bus passes and free ­television licences.

He said: “It wouldn’t be fair to target pensioners.”
“It’s right to protect pensioners and give people dignity and security in old age, as this Government has done.”

From Pensioners to keep benefits: Tories promise to provide ‘dignity and security’ for elderly

We then have Iain Duncan Smith targets poor pensioners with plans to scrap free bus passes and winter fuel allowance

“One minute Downing Street are ruling it out and the next Iain Duncan Smith is ruling it in. It is time for the Government to come clean over what exactly they are going to do with pensioner benefits.”

I’m not sure they have a plan or know what they are doing! It would appear election promises are a feature “Hit List”

This unprovoked attack on pensioners come the week after the DWP was exposed for fake benefit claims published on leaflets.

Iain Duncan Smith faces calls to quit over fake quotes scandal as petition attracts more than 19,000 names
The Pertition is > 42,000 Demand Iain Duncan Smith resign over lying to public in DWP sanctions leaflets

UPDATE 1

Lies, damned lies and Iain Duncan Smith

UPDATE 2

Aspects of Iain Duncan Smith’s CV

It would seam lying is second nature to IDS. These lies would (or should) make his entire political career a lie at best fraud.

UPDATE 3

Publish the statistics showing how many people have died after their benefits were stopped
I’m not sure of the delay what are the afraid of ?

UPDATE

We can get one million claimants off disability benefit and into work, says Iain Duncan Smith

The Work and Pensions Secretary will vow to tackle a ‘sicknote culture’
Say too many sick and disabled people don’t work when it is possible
Will tell people who are on disability benefit ‘Work is good for your health’

If I i ever had the misfortune to meet IDS I feer I might be arested!
I hade a “fit note” it was ignored by my employer! I used the “Work is good for your health” again ignored.
I asked EVERYONE for help and was ignored. http://www.mage-net.net/2014/10/15/dowhatwesaynotwhatwedo/

UPDATE

Iain Duncan Smith Says Fake Benefit Quotes ‘Nothing To Do With’ Him
So the head of the DWP has no idea what’s going in his own department. Nice to know where getting value for money.

House of Commons

The Secretary of State for Work and Pensions (Mr Iain Duncan Smith): I thank the hon. Lady for her question and for her campaigning in this area. I would like to take this opportunity to offer her my condolences, having not spoken to her before.

I am currently reviewing all policy on welfare. The outcome will be announced when the work is complete, but as the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for North Swindon (Justin Tomlinson), said, it is our intention to protect the most vulnerable, including the disabled. I believe our reforms demonstrate our strong record of supporting disabled people. We introduced the personal independence payment to ensure more support is going to those who need it. More than 700,000 of those who were, once upon a time, stuck on incapacity benefits under Labour are now preparing or looking for work. Spending on disability benefits increased in real terms, and, as my hon. Friend has said, disability employment increased by 238,000 in the previous Parliament.

I’m confused whats “reviewing” – ok lets give him the benefit of doute, the leafles could have been produuced AFTER his review…

UPDATE

Says it all really…

  

ESA

ESA is one of two benefits I get.

For 3years I had to fight to go back to work. I ask endless streams of people for help in going back (Minister for Disabled People, Local MP,NHS Employers, Chief Exec (of my trust), Chairman (of my trust), GMC, CQC, ICO & The NHS Equality and Diversity Council (EDC)

In the end work won and I resigned.
The Benefit of me going back to work is not just finical, its social & physical.

I was given no support for going back to work. Work insisted I was unfit for work. After 3 years maybe I belive them?

iain-duncan-smith-cut-disabled-5991605
IDS

 Question: Should disabled benefits be cut? Answer: 92% No

 

Minister for Disable People

  1. I don’t normally lower myself to juvenile name calling, but how this tit ever got the job of Minister For Disabled People is more proof that Mr Cameron is having a mental break down – no doubt caused by his endless lies.

So in Parliament we’ve had… Esther McVey, Mike Penning, Mark Harper and now Justin Tomlinson

  • Voted very strongly against raising welfare benefits at least in line with price
  • Voted strongly for reducing housing benefit for social tenants deemed to have excess bedrooms (“bedroom tax”)
  • Voted very strongly against paying higher benefits over longer periods for those unable to work due to illness or disability

So he clearly understands the difficulties faced by disabled people.
Other voting record…A selection of Justin Tomlinson’s votes

As a disabled “young” man I like to state this man does not in anyway represent me.

Ministers

I wrote to both Mike Penning & Mark Harper (here) as Minister For Disabled People and got a lovely letter back saying the Minister was too busy.

Bedroom Tax

I’m subject to this “tax” and it purpose is valid. Free up larger social housing where under occupied.
I’m sure no one could argue this is unacceptable. However i’ve been trying to move for over three (3) years – with no success.
I’ve been offered places with stairs. Due to being in a wheelchair stairs are unacceptable.
I was talking with a friend (not sure who or why) but a better “tax” would be if you turned down an acceptable property this would then be a “fine” for not moving, rather than a blanket tax.

UPDATE

minister-for-disabled-people-justin-tomlinson-mp-explains-welfare-changes

His first artical with no content at all. There a re no views or explanations on the welfare cuts. He’s simply repeats the Torie line of “Making work pay”There was nothing on the claim “The welfare cuts have hit disabled people harder”disabled-people-the-hardest-hit-in-welfare-reform

He invites artical ideas from readers…

This is my first article for Able Magazine and I want to use this platform to talk about the real issues that affect disabled people. If any readers have a specific topic that they want to hear about then please feel free to contact the Magazine – or me directly via Twitter – with your suggestion. You can find my profile @MinisterDisPpl

My few ideas… Bedroom Tax, Access to Work, Disability Confident, Two Tick, Why someone with his voting record (see above) would make a bad Minister for Disabled People or the BIG one why referring to non-disabled people as “normal” makes you a brain dead tit… And totally unfit for public office.

UPDATE

So Debbie Abrahams appointed as shadow minister for disabled people
This is a good appoitment and I look forward to the carnage.

UPDATE

I’ve said before (and I’ll say again) as a disabled “young” man this tit does represent me in any way.
Having said that the BBC news to clarify where the 14,000 figure came from because either the DWP are doing stuff without regard for the consequences or he lied.

UPDATE 2

So I searched ablemagazine.co.uk and found 1 Article so saying…

…I want to use this platform to talk about the real issues that affect disabled people.

he meant what exactly….

UPDATE

I discovered the name change for The Minister for Disabled People to Parliamentary Under Secretary of State for Disabled People
I’m not sure removing Minister from his title was the best move. It now sounds very clinical. My big issue its its got legal motivation behind it…
Title

UPDATE

I have no words!

UPDATE

Justin Tomlinson - Minister for Disabled People

dns

DWP has repeatedly missed deadlines, but has begun insisting that if and when it finally produces a late comment – even if produced hours after stories have been sent out to subscribers and have been published – DNS should update its website to show the government’s response

dwp-carries-out-threat-to-ban-questions-from-disability-news-service

So the DWP who are responsible for a number of benefit related death, will no longer answer questions FROM ONE OF THE BEST DISABLE NEWS SOURCES

QUESTION

If the BBC or Other news service published an article would the DWP expect them to announce and update or defence from DWP

To
Department for Work and Pensions

Subject
Freedom of Information request – News About DWP

Dear Department for Work and Pensions,

Based on.
http://www.disabilitynewsservice.com/dwp…

Under Freedom of Information I ask…

a. How many news articles both online and print have the DWP been
notified about?
a.1 Where you informed of a publish date, or cut of date for
response?
b. How many responses to above articles did DWP submit?
c. How many responses were outside the dates given in A and A.1?
d. Would the DWP apply the same policy of ignoring questions to any
other news service for example the BBC or Sky News?
e. Where is the official DWP policy on News services?

Yours faithfully,
Daniel McMorrow

For compilation I have add the DWP response to my FOI Request. FOI 1621 Response.PDF
The full What Do They Know https://www.whatdotheyknow.com/request/news_about_dwp#incoming-659289