Our Response to Alleged Govt' Plans to Sanction Disabled Benefit Claimants

7/31/2019 Our Response to Alleged Govt' Plans to Sanction Disabled Benefit Claimants

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Mr David Cameron,Prime Minister of Great Britain and Northern IrelandHouse of CommonsLondonSW1A 0AA

Thursday 6th September 2012

Dear Mr Cameron,

I am writing to you on behalf of The Social Welfare Union in accordance withArticle 33 of the United Nations Convention on the Rights of a Person withDisabilities which states disabled people and their organisations should beinvolved in monitoring of the convention, in particular through shadowwriting reports. These are reports that organisations can send to the UnitedNations Disability Committee to say what progress the government havemade or not on implementing the convention.

To inform you that we intend to send this document to the appropriateopposition ministers, the European Court of Human Rights, The EqualityCommission, and the United Nations Commissioner for Disabled persons, as

our full and accurate assessment of the current governments policy in thearea of benefit sanctions for disabled claimants.

We are invoking this right in light of the information that you are intendingto impose sanctions of up to 71 per week on disabled persons who notcomplete the Department of Work and Pensions Workfare programme dueto either a failure to Attend and take part in work-focused interviews,without a good reason; or a failure to 'Carry out work-related activities thatyour adviser asks you to do, without a good reason.'http://www.dailymail.co.uk/news/article-2197928/Sick-disabled-benefit-claimants-fined-71-week-fail-turn-job-interviews.html#ixzz25WXt21ZL

We believe this sanctioning process is in breach of the convention onseveral issues which are laid out below with the relevant article number andthe reason for the dispute.

United Nations Convention on the Rights of Persons withDisabilities:-

Article 19 of this convention which covers independent living andcommunity interaction states at section b) Persons with disabilities have

access to a range of in-home, residential and other community supportservices, including personal assistance necessary to support living and
http://www.dailymail.co.uk/news/article-2197928/Sick-disabled-benefit-claimants-fined-71-week-fail-turn-job-interviews.html#ixzz25WXt21ZLhttp://www.dailymail.co.uk/news/article-2197928/Sick-disabled-benefit-claimants-fined-71-week-fail-turn-job-interviews.html#ixzz25WXt21ZLhttp://www.dailymail.co.uk/news/article-2197928/Sick-disabled-benefit-claimants-fined-71-week-fail-turn-job-interviews.html#ixzz25WXt21ZLhttp://www.dailymail.co.uk/news/article-2197928/Sick-disabled-benefit-claimants-fined-71-week-fail-turn-job-interviews.html#ixzz25WXt21ZL


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inclusion in the community, and to prevent isolation or segregation fromthe community;

We believe that these sanctions will severely limit a persons ability to liveindependently and to engage with their local community. As you are well

aware travelling with a disability is expensive for some disabled peopleeven something as simple as a 5 minute trip to the shops to purchase a pintof milk involves the need to book a taxi to take the person to and from theshop, by imposing this sanction you will be removing a significant portion ofthe money that the Department for Work and Pensions themselves havesaid are indisputable in providing disabled persons with independencewhich will increase their isolation and push the expense of dealing with thenegative physical and mental health issues onto the already over stretchedand under resourced National Health Service.

Article 20 Personal mobility states - Parties shall take effective measuresto ensure personal mobility with the greatest possible independence forpersons with disabilities, including by: a) Facilitating the personal mobilityof persons with disabilities in the manner and at the time of their choice,and at affordable cost; b) Facilitating access by persons with disabilities toquality mobility aids, devices, assistive technologies and forms of liveassistance and intermediaries, including by making them available ataffordable cost; c) Providing training in mobility skills to persons withdisabilities and to specialist staff working with persons with disabilities; d)Encouraging entities that produce mobility aids, devices and assistivetechnologies to take into account all aspects of mobility for persons with

disabilities.

The imposing of these sanctions will make it harder if not impossible fordisabled persons to purchase or maintain any of the equipment or services(such as the payment of transport or support staff) necessary to them forthe function of personal mobility

Article 27 of the Act states Disabled people have the right to earn aliving through work that they freely choose and in workplaces that areaccessible and inclusive. Governments should promote this right to workby:

ensuring disabled people are protected against discrimination inemployment and are entitled to reasonable adjustments

ensuring disabled people can access work experience

ensuring disabled people enjoy fair working conditions, the same unionrights as others and protection against harassment

employing disabled people in the public sector

promoting career development for disabled people including throughaccess to training opportunities


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promoting self-employment and employment in the private sector

supporting disabled people to stay in or get back to work.

Disabled people should be protected against forced or compulsorylabour.

We contend that the government is failing on most aspects of thisarticle ;

o Firstly by imposing sanctions that will seriously affect the quality oflife and ability to live independently you are forcing the disabledperson into compulsory labour as they have no choice but tocomply or face punishment this does not constitute supportingthem into finding an appropriate placement for their needs.

o Secondly the government are doing nothing to address the factthat most workplaces are not set up for the ability to employ aperson with disabilities safely, they are fraught with danger for thedisabled person themselves or their support dogs by not havingappropriate access to the offices, toilets, fire escapes, they areunable to meet the needs of people who are blind or deaf safely.

There are grants available but no minimum quotas for companiesnor sanctions for companies that refuse to employ a qualified

disabled person (trying to prove your disability was the reason fornot getting the job is virtually impossible)

o Thirdly most employers are less likely even consider employing aperson who is disabled hence the disparity between the numbersof disabled people wanting to work and those who successfullygain employment (http://odi.dwp.gov.uk/docs/res/factsheets/b1-disability-employment-factsheet-employment-rates.pdf).

Article 28 - Adequate standard of living and social protection states -Parties recognize the right of persons with disabilities to an adequatestandard of living for themselves and their families, includingadequate food, clothing and housing, and to the continuousimprovement of living conditions, and shall take appropriate steps tosafeguard and promote the realization of this right withoutdiscrimination on the basis of disability.

We believe that this sanction will place such a strain on the personal

finances of the disabled person that they will have to make decisions about

which is the most important food or rent, heating or electricity, following

the medical diet that they are prescribed or ignoring it putting their health

at risk to be able to pay all their bills. These choices are clearly in breach of

the aforementioned article in our opinion.
http://odi.dwp.gov.uk/docs/res/factsheets/b1-disability-employment-factsheet-employment-rates.pdfhttp://odi.dwp.gov.uk/docs/res/factsheets/b1-disability-employment-factsheet-employment-rates.pdfhttp://odi.dwp.gov.uk/docs/res/factsheets/b1-disability-employment-factsheet-employment-rates.pdfhttp://odi.dwp.gov.uk/docs/res/factsheets/b1-disability-employment-factsheet-employment-rates.pdf


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We would also like to remind you of the recent ruling from the Joint

Committee on Human Rights which was sent in writing to Ian Duncan Smith

MP advising him that the consultation period for the Welfare Reform Process

contravened several areas of the Human Rights Act and was therefore an

illegal process; meaning any decision taken, or acts of parliament drawn outof its conclusions could also be illegal by contravening the scope of the

Human Rights Act.

We are also of the opinion that this Government has still failed to carry out

a full and rigorous impact assessment in line with the Human Rights Act,

European Union and United Nations conventions on the rights of disabled

persons to live free and independent lives free from abuse, suffering,

slavery, lack of medical treatment or in fear of their lives; We are of the

strong opinion that if this proposed sanction is implemented them disabled

people will feel all of the above and may decide that their only option is to

take their own life if the restrictions of their condition due to not being able

to pay for the appropriate equipment, services and diet doesnt end their

lives for them as direct result of the sanction being imposed. (see appendix

for examples)

We look forward with interest to your thoughts on our issues;

All the best

Jean EveleighIndependent Disability AdvisorSocial Welfare Union


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Appendix

Suicidehttp://www.wandsworthguardian.co.uk/news/9215292.Dad_committed_suicide_after_housing_benefit_cut/?ref=fbrec

http://www.dailymail.co.uk/news/article-2188519/Recession-blame-death-toll-1-000-suicides.html#ixzz23cc5vysb

http://www.disabilitynewsservice.com/index.php/2012/05/fitness-for-work-test-under-fire-doctors-call-for-action-on-safety/

http://www.guardian.co.uk/society/2012/jun/20/mental-health-benefit-claimants-risk

http://politics.co.uk/opinion-formers/rethink/article/rethink-mental-illness-new-gp-survey-shows-government-welfar

http://www.disabledgo.com/blog/2012/07/double-suicide-draws-further-tragic-attention-to-%E2%80%98fit-for-work%E2%80%99-test/

Death from condition after being foundfit for workhttp://thewall.co.uk/topics/33985-atos-appeal-woman-cecilia-burns-from-strabane-has

http://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.html

http://fullfact.org/articles/fit_for_work_ESA_deaths_Mail-14399

http://www.disabledgo.com/blog/2012/08/mps-suggest-minister-ignored-%E2%80%98fitness-for-work%E2%80%99-re-test-concerns/

http://www.telegraph.co.uk/health/healthnews/9436969/Disability-tests-sending-sick-and-disabled-back-to-work.html
http://www.wandsworthguardian.co.uk/news/9215292.Dad_committed_suicide_after_housing_benefit_cut/?ref=fbrechttp://www.wandsworthguardian.co.uk/news/9215292.Dad_committed_suicide_after_housing_benefit_cut/?ref=fbrechttp://www.dailymail.co.uk/news/article-2188519/Recession-blame-death-toll-1-000-suicides.html#ixzz23cc5vysbhttp://www.dailymail.co.uk/news/article-2188519/Recession-blame-death-toll-1-000-suicides.html#ixzz23cc5vysbhttp://www.disabilitynewsservice.com/index.php/2012/05/fitness-for-work-test-under-fire-doctors-call-for-action-on-safety/http://www.disabilitynewsservice.com/index.php/2012/05/fitness-for-work-test-under-fire-doctors-call-for-action-on-safety/http://www.guardian.co.uk/society/2012/jun/20/mental-health-benefit-claimants-riskhttp://www.guardian.co.uk/society/2012/jun/20/mental-health-benefit-claimants-riskhttp://politics.co.uk/opinion-formers/rethink/article/rethink-mental-illness-new-gp-survey-shows-government-welfarhttp://politics.co.uk/opinion-formers/rethink/article/rethink-mental-illness-new-gp-survey-shows-government-welfarhttp://www.disabledgo.com/blog/2012/07/double-suicide-draws-further-tragic-attention-to-%E2%80%98fit-for-work%E2%80%99-test/http://www.disabledgo.com/blog/2012/07/double-suicide-draws-further-tragic-attention-to-%E2%80%98fit-for-work%E2%80%99-test/http://thewall.co.uk/topics/33985-atos-appeal-woman-cecilia-burns-from-strabane-hashttp://thewall.co.uk/topics/33985-atos-appeal-woman-cecilia-burns-from-strabane-hashttp://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.htmlhttp://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.htmlhttp://fullfact.org/articles/fit_for_work_ESA_deaths_Mail-14399http://www.disabledgo.com/blog/2012/08/mps-suggest-minister-ignored-%E2%80%98fitness-for-work%E2%80%99-re-test-concerns/http://www.disabledgo.com/blog/2012/08/mps-suggest-minister-ignored-%E2%80%98fitness-for-work%E2%80%99-re-test-concerns/http://www.telegraph.co.uk/health/healthnews/9436969/Disability-tests-sending-sick-and-disabled-back-to-work.htmlhttp://www.telegraph.co.uk/health/healthnews/9436969/Disability-tests-sending-sick-and-disabled-back-to-work.htmlhttp://www.wandsworthguardian.co.uk/news/9215292.Dad_committed_suicide_after_housing_benefit_cut/?ref=fbrechttp://www.wandsworthguardian.co.uk/news/9215292.Dad_committed_suicide_after_housing_benefit_cut/?ref=fbrechttp://www.dailymail.co.uk/news/article-2188519/Recession-blame-death-toll-1-000-suicides.html#ixzz23cc5vysbhttp://www.dailymail.co.uk/news/article-2188519/Recession-blame-death-toll-1-000-suicides.html#ixzz23cc5vysbhttp://www.disabilitynewsservice.com/index.php/2012/05/fitness-for-work-test-under-fire-doctors-call-for-action-on-safety/http://www.disabilitynewsservice.com/index.php/2012/05/fitness-for-work-test-under-fire-doctors-call-for-action-on-safety/http://www.guardian.co.uk/society/2012/jun/20/mental-health-benefit-claimants-riskhttp://www.guardian.co.uk/society/2012/jun/20/mental-health-benefit-claimants-riskhttp://politics.co.uk/opinion-formers/rethink/article/rethink-mental-illness-new-gp-survey-shows-government-welfarhttp://politics.co.uk/opinion-formers/rethink/article/rethink-mental-illness-new-gp-survey-shows-government-welfarhttp://www.disabledgo.com/blog/2012/07/double-suicide-draws-further-tragic-attention-to-%E2%80%98fit-for-work%E2%80%99-test/http://www.disabledgo.com/blog/2012/07/double-suicide-draws-further-tragic-attention-to-%E2%80%98fit-for-work%E2%80%99-test/http://thewall.co.uk/topics/33985-atos-appeal-woman-cecilia-burns-from-strabane-hashttp://thewall.co.uk/topics/33985-atos-appeal-woman-cecilia-burns-from-strabane-hashttp://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.htmlhttp://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.htmlhttp://fullfact.org/articles/fit_for_work_ESA_deaths_Mail-14399http://www.disabledgo.com/blog/2012/08/mps-suggest-minister-ignored-%E2%80%98fitness-for-work%E2%80%99-re-test-concerns/http://www.disabledgo.com/blog/2012/08/mps-suggest-minister-ignored-%E2%80%98fitness-for-work%E2%80%99-re-test-concerns/http://www.telegraph.co.uk/health/healthnews/9436969/Disability-tests-sending-sick-and-disabled-back-to-work.htmlhttp://www.telegraph.co.uk/health/healthnews/9436969/Disability-tests-sending-sick-and-disabled-back-to-work.html

Documents

Our Response to Alleged Govt' Plans to Sanction Disabled Benefit Claimants