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Discretionary Framework.
Posted by: Red-Metta (IP Logged)
Date: May 15, 2010 11:05AM
The Department of Work and Pensions - the DWP operates on a working regulation that they have invented, and then applied to their own working procedure. In an age that has seen imprisonment without Trial by Jury, and imprisonment where the Judge does not have to explain 'Why?' a custodial sentence is being imposed, it should be no surprise that in the UK today, the governmental agency charged with providing compassionate social and financial relief for most vulnerable in UK society, operates upon a footing of suspicion and mistrust, mediated by a guideline known as the 'Discretionary Framework'. Those in receipt of State Benefit will have been assessed by this regulation. But what does it mean for the ordinary people of the UK?
Essentially, this regulation (which is not 'law'), allows for a DWP Officer to assess Benefit claims, or applications for assistance, with an independent mind-set, that does not require the acknowledgement or recognition of the actual circumstance of the applicant. For instance, an applicant could be seriously ill, or multiply handicapped - perhaps even terminally ill - but the DWP Officer dealing with the case does not have to recognise the medical circumstance as being 'present', regardless of official proof, or act on any supporting evidence. This means that each applicant, regardless of official proof (proof that would count as 'legally' correct in anyother circumstance), is treated as if there is nothing wrong with them at the point of contact with the DWP.
The attitude of the DWP Officials is one of mistrust and disrespect. Such an attitude, when encountered by the vulnerable and the distressed, only adds to the social injustice that they suffer as vulnerable members of UK society. This attitude of regulatory contempt is only allowed to exist in the benefit agency, as those who are reduced to existing on State Benefit are viewed with institutional discrimination, and are considered the lowest of the low. So much for compassion in the UK Welfare System.
If you have a disability or illness that has been clearly diagnosed and confirmed by medical specialists - the DWP, under the Discretionary Framework is not duty bound to take your disability or medical condition into account when conducting an interview with you. This means that an applicant will not, and does not recieve due care and attention from the DWP - an agency whose job it is, is to provide such care and attention where it is legally applicable, when an application for help is lodged. This form of discrimination is allowed to exist in the UK today because those who are reduced to existing on State Benefit, have no access to legal services. This is partly due to the New Labour government actually cutting Legal Aid for benefit receivers, who for one reason or another, which to sue the DWP for malpractice. A 'Labour' government actually removed benefit help from those who need it the most. The reality was that the DWP was being taken to court so often - and losing - that awkward questions were being raised about how it conducted it's business, and ultimately how it treated the people it claims to serve. The cutting of Legal Aid has virtually ended all legal challenges to DWP behaviour, as those on benefits have no financial means to initiate legal proceedings - as to receive benefits, means that one has no other financial means.
Ineffect, the Discretionary Framework is part and parcel of a 'Dehumanising' policy aimed at the most vulnerable in UK society. For it to change, the DWP should be took to court, and all out of court settlements refused until a judge passes a 'guilty' verdict on its behaviour. Such an event would trigger a Judicial Review and questions would be asked. Using state power - as the DWP obvioulsy does, adds insult to injury where illness, disability and poverty are concerned. People who exist on benefits are treated like third-class citizens by a system that has no means of self-observation or a sense of moral authority. Life should be respected, and life should be the only criterion for respect - all life is equal, and people should not have to live under a ruthless Capitalist system that makes fools of us all by reducing our status (value) to one of mere 'financial' income.
'[If we have chosen the position in life in which we can most of all work for mankind, no burdens can bow us down, because they are sacrifices for the benefit of all; then we shall experience no petty, limited, selfish joy, but our happiness will belong to millions, our deeds will live on quietly but perpetually at work, and over our ashes will be shed the hot tears of noble people. Marx, Letter to His Father (1837)]'
Essentially, this regulation (which is not 'law'), allows for a DWP Officer to assess Benefit claims, or applications for assistance, with an independent mind-set, that does not require the acknowledgement or recognition of the actual circumstance of the applicant. For instance, an applicant could be seriously ill, or multiply handicapped - perhaps even terminally ill - but the DWP Officer dealing with the case does not have to recognise the medical circumstance as being 'present', regardless of official proof, or act on any supporting evidence. This means that each applicant, regardless of official proof (proof that would count as 'legally' correct in anyother circumstance), is treated as if there is nothing wrong with them at the point of contact with the DWP.
The attitude of the DWP Officials is one of mistrust and disrespect. Such an attitude, when encountered by the vulnerable and the distressed, only adds to the social injustice that they suffer as vulnerable members of UK society. This attitude of regulatory contempt is only allowed to exist in the benefit agency, as those who are reduced to existing on State Benefit are viewed with institutional discrimination, and are considered the lowest of the low. So much for compassion in the UK Welfare System.
If you have a disability or illness that has been clearly diagnosed and confirmed by medical specialists - the DWP, under the Discretionary Framework is not duty bound to take your disability or medical condition into account when conducting an interview with you. This means that an applicant will not, and does not recieve due care and attention from the DWP - an agency whose job it is, is to provide such care and attention where it is legally applicable, when an application for help is lodged. This form of discrimination is allowed to exist in the UK today because those who are reduced to existing on State Benefit, have no access to legal services. This is partly due to the New Labour government actually cutting Legal Aid for benefit receivers, who for one reason or another, which to sue the DWP for malpractice. A 'Labour' government actually removed benefit help from those who need it the most. The reality was that the DWP was being taken to court so often - and losing - that awkward questions were being raised about how it conducted it's business, and ultimately how it treated the people it claims to serve. The cutting of Legal Aid has virtually ended all legal challenges to DWP behaviour, as those on benefits have no financial means to initiate legal proceedings - as to receive benefits, means that one has no other financial means.
Ineffect, the Discretionary Framework is part and parcel of a 'Dehumanising' policy aimed at the most vulnerable in UK society. For it to change, the DWP should be took to court, and all out of court settlements refused until a judge passes a 'guilty' verdict on its behaviour. Such an event would trigger a Judicial Review and questions would be asked. Using state power - as the DWP obvioulsy does, adds insult to injury where illness, disability and poverty are concerned. People who exist on benefits are treated like third-class citizens by a system that has no means of self-observation or a sense of moral authority. Life should be respected, and life should be the only criterion for respect - all life is equal, and people should not have to live under a ruthless Capitalist system that makes fools of us all by reducing our status (value) to one of mere 'financial' income.
'[If we have chosen the position in life in which we can most of all work for mankind, no burdens can bow us down, because they are sacrifices for the benefit of all; then we shall experience no petty, limited, selfish joy, but our happiness will belong to millions, our deeds will live on quietly but perpetually at work, and over our ashes will be shed the hot tears of noble people. Marx, Letter to His Father (1837)]'
Re: Discretionary Framework.
Posted by: Red-Metta (IP Logged)
Date: June 02, 2010 02:13PM
A member of Facebook has provided the following details regarding the changes in Benefits for Disabled and Incapacitated in the UK:
Chrissi CliftonJune 2, 2010 at 8:11am
Subject: Incapacity Benefits, will begin to disappear from October 2010.
Incapacity Benefits, will begin to disappear from October 2010. Here are the details:
People on Incapacity Benefit, Severe Disablement Allowance and 'incapacity related' Income Support will have to undergo the Employment and Support Allowance (ESA) test. If they pass the test they will go onto Employment and Support Allowance. If they fail it, they will have to:
claim Jobseekers Allowance,
find work or
find another reason for remaining on Income Support like being a carer.
If the previous benefit was higher, Employment and Support Allowance will be topped up with frozen amount until Employment and Support Allowance catches up. It is estimated that 50% of those who fail the test will move onto Jobseekers Allowance, 20% onto another benefit like Income Support and 30% will move off benefit, presumably into work
Contents
Timescale
How
Results
More details
The proposals in full
This is a summary of the proposal to the Social Security Advisory Committee. The proposal in full is at the end
"The policy intent is for all customers on incapacity benefits or in receipt of national insurance credits-only on the grounds of incapacity to go through the conversion process for Employment and Support Allowance, and for the other incapacity benefit schemes (other than for customers over State Pension age in receipt of Severe Disablement Allowance, (see section 5)) to be wholly wound down following conversion." (Appendix 1. paragraph 3.2)
Timescale
Small clerical trials to test the migration process from October 2010
All claims to incapacity benefits after 31 January 2011 will be treated as new Employment and Support Allowance claims. There will be no link to earlier claims for incapacity benefits
Full conversion starts for Incapacity Benefit and Income Support customers from February 2011 onwards (1.5 million over 3 years, or 10,000 a week)
Planned completion by end March 2014
Severe Disablement Allowance customers - after all the Incapacity Benefit and Income Support claims have been completed because Severe Disablement Allowance is so different from Employment and Support Allowance and some have severe conditions (Appendix 1 paragraph 5.2)
'Credits only' claimants(those with no Income Support or Incapacity Benefit but are incapable of work) at the end of the conversion period (Appendix 1 paragraph 5.3)
How
When a claimant's Personal Capability Assessment is due for review they will get an Employment and Support Allowance Work Capability Assessment (WCA) instead
Decisions on Employment and Support Allowance entitlement will take effect form a "safe date" (referred to in the Regulations as the "effective date") which will fall between two and four weeks after the date of determination, rather than from the day of determination itself, so that claimants can "adapt to their new circumstances and continuity of payment can be maintained."
Results
Those not satisfying the Work Capability Assessment will have the following estimated destinations:
50% move onto Jobseekers Allowance
20% move onto another benefit (for example, Income Support, Carer's Allowance or if possible re-claim Employment and Support Allowance)
30% move off benefit, for example, into work
More details from the proposal document
People can appeal against a Work Capability Assessment decision and until the appeal is decided they can, as now, claim either
the 'assessment phase' Employment and Support Allowance (without any component or any transitional addition), or
Income Support, or Jobseekers Allowance if they satisfy the rules
Where possible, the DWP will use existing data held for Incapacity Benefit and Income Support to determine entitlement to Employment and Support Allowance.
People who reach State Pension Age during the migration period 2010-2013 or 2014 will not be migrated to avoid having to change benefits twice in a short period. This means they will remain on Incapacity Benefit or Severe Disablement Allowance
Those in receipt of Income Support on the grounds of incapacity but concurrently have another ground of entitlement to Income Support, for example carers or lone parents who are then found fit for work will then have the right to remain on Income Support on these other grounds. (Paragraph 6.13)
Those who satisfy the Work Capability Assessment will skip the first 13 weeks assessment phase and go straight onto the main phase Employment and Support Allowance - either in the support group or work related activity group (paragraph 6.14).
Those on Incapacity Benefit or Severe Disablement Allowance will go onto Contribution Based Employment and Support Allowance and those on Income Support will go onto Income Based Employment and Support Allowance (paragraph 6.15)
Transitional addition (TA)
Some people who do move onto Employment and Support Allowance, may find it is less than the previous incapacity benefit. They will get a frozen amount (called a transitional addition) topping them up to that higher level until their Employment and Support Allowance catches up. They include those who get:
Incapacity Benefit with dependent's addition;
The disability premium on Income Support compared with the work related activity group
The couple rate of Disability Premium
The Severe Disablement Allowance
Income Support is more than Employment and Support Allowance (unless in the support group)
This 'transitional addition' will not be affected by changes in income (Appendix 1 paragraph 9.3...)
But if it was due to an adult addition and the rules for it stop applying (for example the child leaves) then the Transitional Addition will be reduced by the equivalent of dependency addition (Appendix 1 para 10.3)
The Transitional Addition is eroded by not being increased with inflation
The Transitional Addition will be suspended if Employment and Support Allowance stops (for example getting a job) but it can restart if Employment and Support Allowance is reclaimed within 12 weeks or 104 weeks. In other words, linking periods apply to Transitional Addition (Appendix 1 para 11)
Transitional protection will stop completely 6 April 2020
Housing Benefit and Council Tax Benefit rules will be amended to ensure that no one sees a reduction in their overall benefit income solely because of this process. A transitional amount of Housing Benefit and Council Tax Benefit will erode over time or end at certain times (Paragraph 14 onwards and Appendix1 para 16). Here are some examples:
Those on Income Related Employment and Support Allowance - will get full eligible Housing Benefit and Council Tax Benefit as now
For Contribution Based Employment and Support Allowance. If pre-conversion amount would have been higher (for example, disability premium) the higher amount is paid in Housing Benefit and Council Tax Benefit. In most cases this would be £2 a week - which is the difference between the single Disability Premium and the Work Related Activity Component. If the post conversion amount is higher - they go onto that higher amount (see annexe C for examples)
If appealing a decision, protected Housing Benefit and Council Tax Benefit is paid. If the claimant wins, it may mean a Housing Benefit and Council Tax Benefit overpayment because they were not entitled to that higher amount of Housing Benefit or Council Tax Benefit.
Better off or worse off? Annex C has several examples of how Employment and Support Allowance and Housing Benefit and Council Tax Benefit transitional additions will be calculated, page 44
Any Income Support for children will be transferred to Child Tax Credits
Permitted work improvement for those who transfer from Income Support to Employment and Support Allowance. Income Support permitted work earning limit is only £20 whereas it is £93 for Employment and Support Allowance. But see our permitted work page for fuller details
Occupational and private pensions will still continue to be ignored by Employment and Support Allowance if the claimant was on Incapacity Benefit or Severe Disablement Allowance since before April 2001 when they were ignored (Appendix 1 para 8)
Pathways to Work will be improved
Those who fail the Work Capability Assessment will get special support in Jobseekers Allowance (Appendix 1 para 12.7)
The proposals in full
Employment and Support allowance regulations (pdf)
[www.facebook.com]
'[If we have chosen the position in life in which we can most of all work for mankind, no burdens can bow us down, because they are sacrifices for the benefit of all; then we shall experience no petty, limited, selfish joy, but our happiness will belong to millions, our deeds will live on quietly but perpetually at work, and over our ashes will be shed the hot tears of noble people. Marx, Letter to His Father (1837)]'
Chrissi CliftonJune 2, 2010 at 8:11am
Subject: Incapacity Benefits, will begin to disappear from October 2010.
Incapacity Benefits, will begin to disappear from October 2010. Here are the details:
People on Incapacity Benefit, Severe Disablement Allowance and 'incapacity related' Income Support will have to undergo the Employment and Support Allowance (ESA) test. If they pass the test they will go onto Employment and Support Allowance. If they fail it, they will have to:
claim Jobseekers Allowance,
find work or
find another reason for remaining on Income Support like being a carer.
If the previous benefit was higher, Employment and Support Allowance will be topped up with frozen amount until Employment and Support Allowance catches up. It is estimated that 50% of those who fail the test will move onto Jobseekers Allowance, 20% onto another benefit like Income Support and 30% will move off benefit, presumably into work
Contents
Timescale
How
Results
More details
The proposals in full
This is a summary of the proposal to the Social Security Advisory Committee. The proposal in full is at the end
"The policy intent is for all customers on incapacity benefits or in receipt of national insurance credits-only on the grounds of incapacity to go through the conversion process for Employment and Support Allowance, and for the other incapacity benefit schemes (other than for customers over State Pension age in receipt of Severe Disablement Allowance, (see section 5)) to be wholly wound down following conversion." (Appendix 1. paragraph 3.2)
Timescale
Small clerical trials to test the migration process from October 2010
All claims to incapacity benefits after 31 January 2011 will be treated as new Employment and Support Allowance claims. There will be no link to earlier claims for incapacity benefits
Full conversion starts for Incapacity Benefit and Income Support customers from February 2011 onwards (1.5 million over 3 years, or 10,000 a week)
Planned completion by end March 2014
Severe Disablement Allowance customers - after all the Incapacity Benefit and Income Support claims have been completed because Severe Disablement Allowance is so different from Employment and Support Allowance and some have severe conditions (Appendix 1 paragraph 5.2)
'Credits only' claimants(those with no Income Support or Incapacity Benefit but are incapable of work) at the end of the conversion period (Appendix 1 paragraph 5.3)
How
When a claimant's Personal Capability Assessment is due for review they will get an Employment and Support Allowance Work Capability Assessment (WCA) instead
Decisions on Employment and Support Allowance entitlement will take effect form a "safe date" (referred to in the Regulations as the "effective date") which will fall between two and four weeks after the date of determination, rather than from the day of determination itself, so that claimants can "adapt to their new circumstances and continuity of payment can be maintained."
Results
Those not satisfying the Work Capability Assessment will have the following estimated destinations:
50% move onto Jobseekers Allowance
20% move onto another benefit (for example, Income Support, Carer's Allowance or if possible re-claim Employment and Support Allowance)
30% move off benefit, for example, into work
More details from the proposal document
People can appeal against a Work Capability Assessment decision and until the appeal is decided they can, as now, claim either
the 'assessment phase' Employment and Support Allowance (without any component or any transitional addition), or
Income Support, or Jobseekers Allowance if they satisfy the rules
Where possible, the DWP will use existing data held for Incapacity Benefit and Income Support to determine entitlement to Employment and Support Allowance.
People who reach State Pension Age during the migration period 2010-2013 or 2014 will not be migrated to avoid having to change benefits twice in a short period. This means they will remain on Incapacity Benefit or Severe Disablement Allowance
Those in receipt of Income Support on the grounds of incapacity but concurrently have another ground of entitlement to Income Support, for example carers or lone parents who are then found fit for work will then have the right to remain on Income Support on these other grounds. (Paragraph 6.13)
Those who satisfy the Work Capability Assessment will skip the first 13 weeks assessment phase and go straight onto the main phase Employment and Support Allowance - either in the support group or work related activity group (paragraph 6.14).
Those on Incapacity Benefit or Severe Disablement Allowance will go onto Contribution Based Employment and Support Allowance and those on Income Support will go onto Income Based Employment and Support Allowance (paragraph 6.15)
Transitional addition (TA)
Some people who do move onto Employment and Support Allowance, may find it is less than the previous incapacity benefit. They will get a frozen amount (called a transitional addition) topping them up to that higher level until their Employment and Support Allowance catches up. They include those who get:
Incapacity Benefit with dependent's addition;
The disability premium on Income Support compared with the work related activity group
The couple rate of Disability Premium
The Severe Disablement Allowance
Income Support is more than Employment and Support Allowance (unless in the support group)
This 'transitional addition' will not be affected by changes in income (Appendix 1 paragraph 9.3...)
But if it was due to an adult addition and the rules for it stop applying (for example the child leaves) then the Transitional Addition will be reduced by the equivalent of dependency addition (Appendix 1 para 10.3)
The Transitional Addition is eroded by not being increased with inflation
The Transitional Addition will be suspended if Employment and Support Allowance stops (for example getting a job) but it can restart if Employment and Support Allowance is reclaimed within 12 weeks or 104 weeks. In other words, linking periods apply to Transitional Addition (Appendix 1 para 11)
Transitional protection will stop completely 6 April 2020
Housing Benefit and Council Tax Benefit rules will be amended to ensure that no one sees a reduction in their overall benefit income solely because of this process. A transitional amount of Housing Benefit and Council Tax Benefit will erode over time or end at certain times (Paragraph 14 onwards and Appendix1 para 16). Here are some examples:
Those on Income Related Employment and Support Allowance - will get full eligible Housing Benefit and Council Tax Benefit as now
For Contribution Based Employment and Support Allowance. If pre-conversion amount would have been higher (for example, disability premium) the higher amount is paid in Housing Benefit and Council Tax Benefit. In most cases this would be £2 a week - which is the difference between the single Disability Premium and the Work Related Activity Component. If the post conversion amount is higher - they go onto that higher amount (see annexe C for examples)
If appealing a decision, protected Housing Benefit and Council Tax Benefit is paid. If the claimant wins, it may mean a Housing Benefit and Council Tax Benefit overpayment because they were not entitled to that higher amount of Housing Benefit or Council Tax Benefit.
Better off or worse off? Annex C has several examples of how Employment and Support Allowance and Housing Benefit and Council Tax Benefit transitional additions will be calculated, page 44
Any Income Support for children will be transferred to Child Tax Credits
Permitted work improvement for those who transfer from Income Support to Employment and Support Allowance. Income Support permitted work earning limit is only £20 whereas it is £93 for Employment and Support Allowance. But see our permitted work page for fuller details
Occupational and private pensions will still continue to be ignored by Employment and Support Allowance if the claimant was on Incapacity Benefit or Severe Disablement Allowance since before April 2001 when they were ignored (Appendix 1 para 8)
Pathways to Work will be improved
Those who fail the Work Capability Assessment will get special support in Jobseekers Allowance (Appendix 1 para 12.7)
The proposals in full
Employment and Support allowance regulations (pdf)
[www.facebook.com]
'[If we have chosen the position in life in which we can most of all work for mankind, no burdens can bow us down, because they are sacrifices for the benefit of all; then we shall experience no petty, limited, selfish joy, but our happiness will belong to millions, our deeds will live on quietly but perpetually at work, and over our ashes will be shed the hot tears of noble people. Marx, Letter to His Father (1837)]'
Re: Discretionary Framework.
Posted by: morgain (IP Logged)
Date: July 25, 2010 01:57PM
I have two experiences of getting help from the State when disability was involved.
1. My partner collapsed with a series of cardiac arrests - not one but many.
After heavy drug sedation and major surgery he came home.
He valiantly tried to continue his teaching job but collapsed and had to admit he was not capable of doing so.
When he applied for help he was told that because he'd returned to work he could not make a claim.He was told that he would have been better off if he had not tried to go back to work.
He never got a penny.
2. My best friend is in his 60s, with advanced diabetes, a spinal problem which affects his hips, and locked shoulder joints. The last item means his hands are mostly numb and he is unable to grasp things safely.
Since his assessment a year ago his condition has worsen ede drastically as a direct result of the activity in the assessment. Ironically as a result he is now less able to be independent and is costing the public services a lot more money.
With a lot of courage and a lot of help from family and friends, he had very slowly improved his daily life so he could do small things for himself. He could never do things predictably: one of his conditions could get in the way at any moment. But there were hours, or a day here and there when he could be a bit more independent. He was happier and so were those who loved him.
Then he was required to go for "tests."
These "tests" were by a "doctor."
Now his medical file is over a foot thick, stuffed with scans, blood tests, X rays, consultants reports. Apparently this all meant nothing. (So why do we pay NHS doctors for this information if it's useless?)
First he was told that he could not have the better levels of benefit. This is because instead of having one condition that is serious enough to cripple him, he has several. But none of them on their own is enough to qualify. That this makes no difference to his capacities seems to be irrelevant.
Next he was asked a lot of timewasting questions like how did he get out of bed? His wife gets him up which is obvious from his disabilities and is on record.
Does he do anything useful during the day? yes his wife leaves him a board by his chair with a handful of vegetables to cut up. Sometimes he manages to do it sometimes not. When he does it, it takes him between four and six times as long as an ordinary person. The "doctor" seemed to think this meant he was employable. What employer could accept on/ off days, and paying for hours of work to achieve one simple task that should take 15mins I can#'t imagine.
Finally the worst, the very worst. His consultant had warned him NEVER NEVER NEVER to make certain movements with his hips (opening his legs in a certain way) as it would seriously strain the problem and cripple him further.
This "doctor" deliberately forced this man's legs into precisely this forbidden position, not once but several times, disregarding his howls of agony.
He has spent the time since in utter agony day and night, kept going only by the strongest painkillers which do not do more than slightly reduce his pain. All the progress he'd made before that assessment has been destroyed.
It is difficult for him to get surgery to correct the damage this "doctor" did because he has so many things wrong. While waiting for it his condition has worsened because the pain and stress is weakening him.
We are very much afraid that he is deteriorating so much he will not live much longer. Yet he was doing so much better before that assessment.
The system is brutal. God help anyone who falls under its grip - which means most of us as we get older.
1. My partner collapsed with a series of cardiac arrests - not one but many.
After heavy drug sedation and major surgery he came home.
He valiantly tried to continue his teaching job but collapsed and had to admit he was not capable of doing so.
When he applied for help he was told that because he'd returned to work he could not make a claim.He was told that he would have been better off if he had not tried to go back to work.
He never got a penny.
2. My best friend is in his 60s, with advanced diabetes, a spinal problem which affects his hips, and locked shoulder joints. The last item means his hands are mostly numb and he is unable to grasp things safely.
Since his assessment a year ago his condition has worsen ede drastically as a direct result of the activity in the assessment. Ironically as a result he is now less able to be independent and is costing the public services a lot more money.
With a lot of courage and a lot of help from family and friends, he had very slowly improved his daily life so he could do small things for himself. He could never do things predictably: one of his conditions could get in the way at any moment. But there were hours, or a day here and there when he could be a bit more independent. He was happier and so were those who loved him.
Then he was required to go for "tests."
These "tests" were by a "doctor."
Now his medical file is over a foot thick, stuffed with scans, blood tests, X rays, consultants reports. Apparently this all meant nothing. (So why do we pay NHS doctors for this information if it's useless?)
First he was told that he could not have the better levels of benefit. This is because instead of having one condition that is serious enough to cripple him, he has several. But none of them on their own is enough to qualify. That this makes no difference to his capacities seems to be irrelevant.
Next he was asked a lot of timewasting questions like how did he get out of bed? His wife gets him up which is obvious from his disabilities and is on record.
Does he do anything useful during the day? yes his wife leaves him a board by his chair with a handful of vegetables to cut up. Sometimes he manages to do it sometimes not. When he does it, it takes him between four and six times as long as an ordinary person. The "doctor" seemed to think this meant he was employable. What employer could accept on/ off days, and paying for hours of work to achieve one simple task that should take 15mins I can#'t imagine.
Finally the worst, the very worst. His consultant had warned him NEVER NEVER NEVER to make certain movements with his hips (opening his legs in a certain way) as it would seriously strain the problem and cripple him further.
This "doctor" deliberately forced this man's legs into precisely this forbidden position, not once but several times, disregarding his howls of agony.
He has spent the time since in utter agony day and night, kept going only by the strongest painkillers which do not do more than slightly reduce his pain. All the progress he'd made before that assessment has been destroyed.
It is difficult for him to get surgery to correct the damage this "doctor" did because he has so many things wrong. While waiting for it his condition has worsened because the pain and stress is weakening him.
We are very much afraid that he is deteriorating so much he will not live much longer. Yet he was doing so much better before that assessment.
The system is brutal. God help anyone who falls under its grip - which means most of us as we get older.
Re: Discretionary Framework.
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Date: September 15, 2011 02:41PM
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Re: Discretionary Framework.
Posted by: MichaelStrom (IP Logged)
Date: July 19, 2012 04:20PM
"A 'Labour' government actually removed benefit help from those who need it the most. The reality was that the DWP was being taken to court so often - and losing - that awkward questions were being raised about how it conducted it's business, and ultimately how it treated the people it claims to serve. The cutting of Legal Aid has virtually ended all legal challenges to DWP behaviour, as those on benefits have no financial means to initiate legal proceedings - as to receive benefits, means that one has no other financial means. "
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Re: Discretionary Framework.
Posted by: juliajin (IP Logged)
Date: September 12, 2012 07:34AM
Does he do annihilation advantageous during the day? yes his wife leaves him a lath by his armchair with a scattering of vegetables to cut up. Sometimes he manages to do it sometimes not. When he does it, it takes him amid four and six times as continued as an accustomed person. The "doctor" seemed to anticipate this meant he was employable. What employer could acquire on/ off days, and paying for hours of plan to accomplish one simple assignment that should yield 15mins I can
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Re: Discretionary Framework.
Posted by: iuliancezar (IP Logged)
Date: October 18, 2012 12:50PM
I am studying in order to receive a masters degree in health and now i am studying how to treat people with disabilities. I think that they are still ignored although there were made lots and lots of programs and ads through which people are informed. Ignorance isn't very well received in this field.
Re: Discretionary Framework.
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Date: October 20, 2012 07:04PM
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Re: Discretionary Framework.
Posted by: Fransis Poudy (IP Logged)
Date: November 28, 2012 01:26PM
This means that an applicant will not, and does not recieve due care and attention from the DWP - an agency whose job it is, is to provide such care and attention where it is legally applicable, when an application for help is lodged. This form of discrimination is allowed to exist in the UK today because those who are reduced to existing on State Benefit, have no access to legal services.
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Date: November 30, 2012 04:18AM
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Re: Discretionary Framework.
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Date: December 14, 2012 04:21PM
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Re: Discretionary Framework.
Posted by: lenbrannon (IP Logged)
Date: January 31, 2013 02:39PM
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