Disabled and ill benefit claimants overcharged for care due to DWP error

Botched transfer had knock-on effect on councils’ financial assessments

Disabled and chronically ill benefit claimants who were left thousands of pounds out of pocket by a government error may have also been overcharged by their local authorities for social care, it has emerged.

At least 110,000 benefit claimants were underpaid an average of £5,000 following a botched overhaul of incapacity benefits which began in 2011, according to the latest figures.

The error occurred when Department for Work and Pensions (DWP) officials transferred people from older benefits on to the wrong kind of employment support allowance (ESA), meaning they missed out on premium payments they were eligible for.

The Guardian understands that, as a knock-on effect, the error will have skewed financial assessments many councils undertake to determine how much these claimants should have contributed towards their social care costs.

Pat Sawh, 65, has received a refund of more than £2,000 from Enfield council, in north London, which is believed to be the first to begin addressing this issue. Her sons Stephen, 31, and Kris, 29, both have autism, while Stephen also has epilepsy and multiple allergies.

“Both my sons still live at home and my husband and I are pensioners,” she said. “This extra money is helping them a lot – without it they could not do as much.”

Wendy Berry, 75, helps run a group for carers of learning disabled adults in Enfield and helped Sawh bring her case to the attention of the council.

“The problem with this issue is that councils probably do not even realise that the DWP error had an impact on social care charging. It is very complicated. We suspect that very few councils have really thought about it,” she said.

“Charging for social care is always a difficult area because it takes money from the disability benefits paid to the most vulnerable people, who need support to live in their own homes. To ensure people are paying what they are supposed to be paying is critical.”

Enfield council has since sent letters to other residents it suspects have been affected by this issue, which could number as many as 200 people, according documents seen by the Guardian.

In 2014, local authorities gained the power to introduce charges to recoup costs they incur from contracting care and support services. These charges are typically deducted from the benefits of people receiving social care.

Councils who charge must conduct financial assessments to ensure that they do not cause a person’s income to drop below the statutory minimum set by the Department of Health (pdf), although they also have discretion to have more generous charging rules.

Many, though not all, councils now charge for adult social care. Among the factors considered when calculating a person’s minimum income guarantee is whether they are receiving a premium, such as the enhanced disability premium.

Those who, like the Sawhs, missed out on premiums because the DWP transferred them on to the wrong type of ESA, may have had a reduced minimum income guarantee. As a result, they may have been overcharged for care by their local authority.

While the DWP has compensated those who missed out on premiums – to the tune of £5,000 on average – there appears to have been no government effort to address this knock-on effect.

Marsha de Cordova, the Labour MP and disability rights campaigner, said: “This is a scandal. It is a responsibility of the DWP to ensure that all local authorities are compensating or refunding any ill or disabled persons affected.

“I would worry for the ill and disabled people that have fallen into debt, destitution or poverty because of this error by the DWP.”

Kamran Mallick, Disability Rights UK’s chief executive, said: “Now that the DWP have finally recognised the thousands of disabled people who have been underpaid ESA, we urge local authorities to refund the overpaid charges for social care that have been paid by many of these same disabled people.

“It’s monstrous that many of the poorest people in our society have faced a double whammy of not receiving their full entitlement and being hit by social care overcharging.”

A DWP spokesperson said: “We have worked hard to ensure that all those entitled to ESA receive the benefits they are entitled to.

“We urge anyone who believes their social care payments may have been affected by this issue to contact their local council.”

Figures released last month revealed that 5,000 people died before they could be reimbursed for the DWP’s ESA error.

Enfield council was contacted for comment.

https://www.theguardian.com/society/2020/feb/15/disabled-and-ill-benefit-claimants-overcharged-for-care-due-to-dwp-error

I, Daniel Blake review – a battle cry for the dispossessed

Ken Loach crafts a Cathy Come Home for the 21st century, the raw anger of which resonates long after you leave the cinema.

Mark Kermode

Ken Loach’s latest Palme d’Or winner, his second after 2006’s The Wind that Shakes the Barley, packs a hefty punch, both personal and political. On one level, it is a polemical indictment of a faceless benefits bureaucracy that strips claimants of their humanity by reducing them to mere numbers – neoliberal 1984 meets uncaring, capitalist Catch-22. On another, it is a celebration of the decency and kinship of (extra)ordinary people who look out for each other when the state abandons its duty of care.

For all its raw anger at the impersonal mistreatment of a single mother and an ailing widower in depressed but resilient Newcastle, Paul Laverty’s brilliantly insightful script finds much that is moving (and often surprisingly funny) in the unbreakable social bonds of so-called “broken Britain”. Blessed with exceptional lead performances from Dave Johns and Hayley Squires, Loach crafts a gut-wrenching tragicomic drama (about “a monumental farce”) that blends the timeless humanity of the Dardenne brothers’ finest works with the contemporary urgency of Loach’s own 1966 masterpiece Cathy Come Home.

We open with the sound of 59-year-old Geordie joiner Daniel Blake (standup comic Johns) answering automaton-like questions from a “healthcare professional”. Having suffered a heart attack at work, Daniel has been instructed by doctors to rest. Yet since he is able to walk 50 metres and “raise either arm as if to put something in your top pocket”, he is deemed ineligible for employment and support allowance, scoring a meaningless 12 points rather than the requisite 15. Instead, he must apply for jobseeker’s allowance and perform the Sisyphean tasks of attending CV workshops and pounding the pavements in search of nonexistent jobs that he can’t take anyway.

Meanwhile, Squires’s mother-of-two Katie is similarly being given the runaround, rehoused hundreds of miles from her friends and family in London after spending two years in a hostel. “I’ll make this a home if it’s the last thing I do,” she tells Daniel, who takes her under his wing, fixing up her flat and impressed by her resolve to go “back to the books” with the Open University. Both are doing all they can to make the best of a bleak situation, retaining their hope and dignity in the face of insurmountable odds. Yet both are falling through the cracks of a cruel system that pushes those caught up in its cogs to breaking point.

“We’re digital by default” is the mantra of this impersonal new world, to which carpenter Daniel pointedly replies, “Yeah? Well I’m pencil by default.” Scenes of Blake struggling with a computer cursor (“fucking apt name for it!”) raise a wry chuckle, but there’s real outrage at the way this obligatory online form-filling has effectively written people like him out of existence. Yet still Daniel supports – and is supported by – those around him; from Kema Sikazwe’s street-smart China, a neighbour who is forging entrepreneurial links online (the internet may alienate Daniel, but it also unites young workers of the world), to Katie’s kids, Daisy and Dylan – the latter coaxed from habitual isolation (“no one listens to him so why should he listen to them?”) by the hands-on magic of woodwork. Having lost a wife who loved hearing Sailing By, the theme for Radio 4’s Shipping Forecast, and whose mind was “like the ocean”, Daniel carves beautiful fish mobiles that turn the kids’ rooms into an aquatic playground. Meanwhile, their mother is gradually going under.

A scene in a food bank in which the starving Katie, on the verge of collapse, finds herself grasping a meagre tin of beans is one of the most profoundly moving film sequences I have ever seen. Shot at a respectful distance by cinematographer Robbie Ryan, the scene displays both an exquisite empathy for Katie’s trembling plight and a pure rage that anyone should be reduced to such humiliation. Having seen I, Daniel Blake twice, I have both times been left a shivering wreck by this sequence, awash with tears, aghast with anger, overwhelmed by the sheer force of its all-but-silent scream.

“They’ll fuck you around,” China tells Daniel, “make it as miserable as possible – that’s the plan.” For Loach and Laverty, this is the dark heart of their drama, the use of what Loach calls the “intentional inefficiency of bureaucracy as a political weapon”, a way of intimidating people in a manner that is anything but accidental. “When you lose your self-respect you’re done for,” says Daniel, whose act of graffitied defiance becomes an “I’m Spartacus!” battle cry that resonates far beyond the confines of the movie theatre. Expect to see it spray-painted on the walls of a jobcentre near you soon.

https://www.theguardian.com/film/2016/oct/23/i-daniel-blake-ken-loach-review-mark-kermode