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  • ESA Work

    Originally posted by Undercover Elsa
    Morning all

    Here's one for Pompay Faith. This just beggars belief!

    http://www.dailymail.co.uk/news/arti...-benefits.html
    Yes I did read that and sadly I am finding many similar cases on facebook etc.

    It is were I have been for the past few days helping these poor souls because many are oblivious to there entitlements and the associated rules and regulations.

    The Government said they was cutting the red tape and simplifying welfare that I can tell you is far from the truth and is a smokescreen.

    I am now a committee member of the Social Welfare Union and we give our time freely to help those in need nearly of which are genuine cases.

    We now believe no amount of campaigning within the uk will change matters as the government is headstrong and just will not listen so we have upped the anti and are in liaison with the UN and EU.

    We have sent this letter:

    United Nations Enable
    Secretariat for the Convention on the Rights of Persons with Disabilities
    Department of Economic and Social Affairs
    2 United Nations Plaza, DC2-1382
    New York,

    NY 10017
    United States of America


    Wednesday 11th September 2012


    Dear Sir/Madam,

    I am writing to you on behalf of The Social Welfare Union in accordance with Article 33 of the United Nations Convention on the Rights of a Person with Disabilities which states “disabled people and their organisations should be involved in monitoring of the convention, in particular through shadow writing reports. These are reports that organisations can send to the United Nations Disability Committee to say what progress the government have made or not on implementing the convention.

    To inform you that we intend to send this document to the appropriate opposition ministers, the European Court of Human Rights, The Equality Commission, and the United Nations Commissioner for Disabled persons, as our full and accurate assessment of the current government’s policy in the area of benefit sanctions for disabled claimants.

    We are invoking this right in light of the information that the United Kingdom Government are intending to impose sanctions of up to £71 per week on disabled persons who do not complete the Department of Work and Pensions Workfare programme due to 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 that your 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 on several issues which are laid out below with the relevant article number and the reason for the dispute.


    United Nations Convention on the Rights of Persons with Disabilities:-

    Article 19 of this convention which covers independent living and community interaction states at section b) Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;

    We believe that these sanctions will severely limit a person’s ability to live independently and to engage with their local community. As you are well aware travelling with a disability is expensive for some disabled people even something as simple as a 5 minute trip to the shops to purchase a pint of milk involves the need to book a taxi to take the person to and from the shop, by imposing this sanction you will be removing a significant portion of the money that the Department for Work and Pensions themselves have said are indisputable in providing disabled persons with independence which will increase their isolation and push the expense of dealing with the negative physical and mental health issues onto the already over stretched and under resourced National Health Service.

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

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

    Article 27 of the Act states – Disabled people have the right to earn a living through work that they freely choose and in workplaces that are accessible and inclusive. Governments should promote this right to work by:
    · ensuring disabled people are protected against discrimination in employment and are entitled to reasonable adjustments
    · ensuring disabled people can access work experience
    · ensuring disabled people enjoy fair working conditions, the same union rights as others and protection against harassment
    · employing disabled people in the public sector
    · promoting career development for disabled people including through access to training opportunities
    · 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 compulsory labour.
    We contend that the government is failing on most aspects of this article;

    ·Firstly by imposing sanctions that will seriously affect the quality of life and ability to live independently you are forcing the disabled person into compulsory labour as they have no choice but to comply or face punishment this does not constitute supporting them into finding an appropriate placement for their needs.

    ·Secondly the government are doing nothing to address the fact that most workplaces are not set up for the ability to employ a person with disabilities safely, they are fraught with danger for the disabled person themselves or their support dogs by not having appropriate access to the offices, toilets, fire escapes, they are unable to meet the needs of people who are blind or deaf safely. There are grants available but no minimum quotas for companies nor sanctions for companies that refuse to employ a qualified disabled person (trying to prove your disability was the reason for not getting the job is virtually impossible)

    ·Thirdly most employers are less likely to even consider employing a person who is disabled hence the disparity between the numbers of disabled people wanting to work and those who successfully gain employment (http://odi.dwp.gov.uk/docs/res/facts...ment-rates.pdf).

    Article 28 - Adequate standard of living and social protection states - Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination 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.
    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 out of 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 doesn’t 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;

    (sorry about the formatting)


    And have had a reply back requesting more evidence which we are onto as I speak.

    It is a shambles and about to get a whole lot worse.


    Last edited by pompeyfaith; 26 September 2012, 18:09.

  • #2
    Re: New Moderator Chat Thread

    Oh had my ESA award letter though end of last week not good, a SAR went into the post today and a statement of reasons requested.

    All in my blog here:

    ESA CLAIM UPDATE Diary of an SAH Stroke Survivor

    Comment


    • #3
      ESA Work

      I'm so sorry Pompey........bless you it's so unfair
      Last edited by IF; 27 September 2012, 09:24.
      "If wishes were horses, beggars would ride"

      Comment


      • #4
        Re: New Moderator Chat Thread

        Indeed Jen what I am seeing from this con/dem-nation Govt is repulsive believe me when I say there are many many other tragic cases.

        Comment


        • #5
          Re: New Moderator Chat Thread

          It is so unfair, but I am a firm believer that the emigrating birds will come home and that justice will prevail for the many suffering right now.

          People need there GP's on there side and GP's must not shy away and to that end I have also prepared this google doc template that citizens can use.

          GPs must act - Google Docs

          I am already seeing positive outcomes to this letter btw you will note in this letter that the date has now been set you for JR to proceed.

          I will be going along to high court for these 3 days to take notes and blog it etc plus it directly affect me
          Last edited by pompeyfaith; 26 September 2012, 16:58.

          Comment


          • #6
            Re: New Moderator Chat Thread

            Sure niddy ill move it to the benefits section does not need to be hidden as it is indeed for the benefit of all.

            Comment


            • #7
              Re: ESA Work

              About time and no doubt due in part to the tireless work of Journalist Sonia Poulton who was a flee in the back of Ed Milliband that would not give up.

              http://www.guardian.co.uk/society/2012/sep/26/labour-review-sickness-benefits-assessment?fb=native&CMP=FBCNETTXT9038

              Comment


              • #8
                Re: ESA Work

                I agree with everything you say pf, it is disgusting how these idiots are acting, how can someone who has never met me (an example) dismiss any medical history I may have or the evidence of a specialist, they pick on the disabled and poor because they are easy meat and can't fight back - well camy,clegg (exMP), Ian fuck face whatever his name is - just wait and see!




                Comment


                • #9
                  Re: ESA Work

                  I have had it confirmed today by a friend that even the JC+ dont know what the hell is going on. They had put the issues they have identified forward and they have been ignored.

                  Apparently, EVERYTHING is going to be online (hackers paradise) which I expect could cause several issues - computer literacy and DDA for a start. Its going to be far harder to combat fraud if no one is ever going to see you as well!!

                  Also, its going to be "claim for life" - so details will be forever stored and there will be no need to make reclaims. (so I am told)

                  I know we have discussed PF, and it is far from implementation and its going to go tits up very quickly once it is put in place.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                  Comment


                  • #10
                    Re: ESA Work

                    Originally posted by oscar View Post
                    I have had it confirmed today by a friend that even the JC+ dont know what the hell is going on. They had put the issues they have identified forward and they have been ignored.

                    Apparently, EVERYTHING is going to be online (hackers paradise) which I expect could cause several issues - computer literacy and DDA for a start. Its going to be far harder to combat fraud if no one is ever going to see you as well!!

                    Also, its going to be "claim for life" - so details will be forever stored and there will be no need to make reclaims. (so I am told)

                    I know we have discussed PF, and it is far from implementation and its going to go tits up very quickly once it is put in place.
                    Agreed

                    Comment


                    • #11
                      Re: ESA Work

                      Originally posted by pompeyfaith View Post
                      Agreed
                      +1




                      Comment


                      • #12
                        Re: ESA Work

                        On a side note about JC's, a friend of mine is claiming JSA, they asked him at the JC if he had any limitations and he listed all of his ailments to which the reply was "you will never find work, why are you here?" - his reply was that WCA had said he was fit for work.

                        Its all to do with saving money - nowt else!!




                        Comment


                        • #13
                          Re: ESA Work

                          Originally posted by vossy View Post
                          On a side note about JC's, a friend of mine is claiming JSA, they asked him at the JC if he had any limitations and he listed all of his ailments to which the reply was "you will never find work, why are you here?" - his reply was that WCA had said he was fit for work.

                          Its all to do with saving money - nowt else!!
                          That is the crux of it the lesser wealthy paying for the mistakes and errors of the banks and govt.

                          Whilst I agree that work does pay and there are many ill and disabled who could work, there are also many who cant and is why this current system of WCA and assessment is massively flawed in that they are painting all with the same brush and not listening and thus grave mistakes are being made.

                          This is now the view of the labour party as of yesterday and will be brought up in the commons today when Liam Byrne MP will call for a further urgent review in light of recent events.

                          Comment


                          • #14
                            Re: ESA Work

                            Originally posted by pompeyfaith View Post
                            That is the crux of it the lesser wealthy paying for the mistakes and errors of the banks and govt.

                            Whilst I agree that work does pay and there are many ill and disabled who could work, there are also many who cant and is why this current system of WCA and assessment is massively flawed in that they are painting all with the same brush and not listening and thus grave mistakes are being made.

                            This is now the view of the labour party as of yesterday and will be brought up in the commons today when Liam Byrne MP will call for a further urgent review in light of recent events.
                            Well fingers crossed eh?




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