MPs demand full restitution for all pensioners hit by “shambles” of underpayments to over 134,000 people

A truly damning report by MPs on the Commons Public Accounts Committee today castigates the Department for Work and Pensions for running an “unfit for purpose” system to pay pensions to more than 12 million people.

The scandal of 134,000 pensioners being underpaid by around £1 billion dates back over 37 years and a number have already died before they could receive the money. The MPs say: “The errors happened because of the Department’s use of outdated systems and heavily manual processing, coupled with complacency in monitoring errors and a quality assurance framework that is not fit for purpose.”

The report says: “Managing Public Money requires Departments who make mistakes to put them right and restore people as far as possible to the situation they would have been in had the error not occurred. However, the Department is seeking only to pay people their legal entitlement in arrears, in some cases many years after the event, and has treated people inconsistently in paying interest on their arrears.”

The APPG report sent to Rob Behrens, the Parliamentary Ombudsman

Meanwhile another report from the All Party Parliamentary Group On State Pension Equality for Women submitted to Rob Behrens, the Parliamentary Ombudsman, on behalf of 3.8 million women who have faced delays of up to six years before receiving their pension falls short of asking for full restitution for the women.

Instead it is asking the Parliamentary Ombudsman to recommend that the women should receive a minimum of £10,000 each because of heartrending stories of poverty and hardship.

“Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice. These impacts must be addressed, if we are to reach any kind of conclusion regarding this injustice”, it says.

The proposal is far better than the unspecified figure by the same committee prior to the 2019 election but falls substantially short for people who have lost £40,000 to £50,000 by the DWP refusing to entertain any payment at all.

The Public Accounts Committee report on the pensions underpayments is unflinching in its criticism of the DWP. It points out that 40,000 of those owed money are now dead adding:”94,000 pensioners are estimated to be alive, which represents approximately 0.9% of those currently claiming the pre-2016 basic State Pension.

These official errors affect pensioners who first claimed State Pension before April 2016 and who do not have a full National Insurance record or who should have inherited additional entitlement from their deceased partner.

90 per cent of the people hit by underpayments are women

Around 90% of the pensioners underpaid are women because of the types of State Pension claim affected. The Department does not expect to trace over 15,000 of the affected pensioners or their next of kin where the pensioner is deceased. On average, the Department estimates that the approximately 118,000 pensioners it can trace could receive payments averaging around £8,900 by the time the payments are made. So far, the Department has found underpayments of between £0.01 and £128,448.37.”

The report goes on:” The Department has not given people who are worried they have been underpaid enough information to find out what they should do, with the risk that many may still miss out on money they should receive.

” The Department’s communications strategy is to only contact those who it finds have been underpaid under the State Pension regulations. Other groups of pensioners can receive arrears if they make
a claim for additional entitlements to the Department, but the Department has provided very little information on which pensioners should do so.”

The report also points out that by repaying the money as a lump sum people means it could affect other benefits – such as entitlement to pension credit and social care payments. The DWP ignores doing anything about this.

Dame Meg Hillier, chair of the PAC, said: “In reality DWP can never make up what people have actually lost, over decades, and in many cases it’s not even trying.

Both the latest reports are damning for the Department and show up the disdain the ministry has for elderly people. The Public Accounts Committee report is the most damning as it suggests that the ministry is breaking Treasury guidelines on managing public money correctly by not taking comprehensive action to restore the rights of people – nearly all women – to get cash they are entitled to receive.

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My blog in 2021: The year the number of hits reached three million

London fireworks ushering in the New Year. Pic credit: BBC

Happy New Year to all my readers and followers.

This year my blog hit another milestone since it was launched in 2009 after I left the Guardian . The number of hits on the site topped three million – 3,113, 413 to be exact.

Last year this blog received 286,840 hits and over 203,000 visitors. This is smaller than the previous year but still a substantial number for a single handed blog. It is also the year when I started to solicit donations for my investigative work and I have now received close to £2000 in four months.

Part of the reason for the drop is that Back to 60 campaign which I still support has now morphed into a broader campaign – CEDAWinLAW- which people have needed time to get their heads round. Back to 60 was a simple single issue campaign concentrating on getting full restitution for 3.8 million 50s born women who have had to wait up to six years for their pension. Now it has changed into a much bigger campaign covering ALL discrimination against women based on a UN convention which we ratified in 1986 but have never fully implemented- the UN Convention on Eliminating All forms of Discrimination Against Women.

CEDAW tribunal last year attracted a lot of interest

This is now making its mark – two of my highest blogs hits last year- relate to the new CEDAW campaign getting 6500 and over 8,800 each.

The top blog came from a tip off from a reader, Rosie Brocklehurst, who received a threatening letter from the Department for Work and Pensions as part of an anti-fraud exercise to gather information from pensioners. The top line was : ““If you fail to be available for this review and do not contact me, your entitlement to State Pension may be in doubt and your payments may be stopped. ( Bold type my emphasis). This had 25,652 hits.

The second highest at 20,643 came from a 50s woman whose Freedom of Information request revealed the Department for Work and Pensions had never conducted an impact assessment on the effects of raising the pension age for women from 60 to 66.

One older blog which exposed the huge £271 billion savings made by successive governments putting money into the national insurance fund made the top ten blogs – adding another 9828 hits – taking it to an astonishing 331,000 hits since it was published.

Rob Behrens – Parliamentary Ombudsman. His report findings leaked.

One controversial blog leaking the maladministration findings of the Parliamentary Ombudsman’s draft report on 50s women over the raising of the pension age had 9,688 hits. Senior members of the WASPI campaign who knew this wanted me to take it down for fear the Ombudsman would change his mind. This turned out to be groundless and a lot of people were given advance warning.

More next year on Whistleblowers

Next year as well as following through CEDAW, keeping an eye on pension developments, I will also be taking up more and more whistleblower cases -involving doctors in the NHS, Sellafield and other areas. One case I took up last year was the plight of Dr Usha Prasad, a cardiologist who has been dismissed by Epsom and St Helier University Health Trust after exposing an avoidable death there. The combined blogs in her case have topped over 8000 hits. Expect more of this.

Global reach of the blog

An analysis by WordPress shows that my blog has a very big UK audience – over 264,000 hits out of the 286,840 last year – with the remaining 22.700 coming from overseas. Biggest overseas hits were from the United States ( 6821), Spain (3071) and the Republic of Ireland ( 2143). But on a much smaller scale it also has a global reach covering almost every country in the world, including hits from the Marshall Islands, Greenland, Russia, China, India, Mauritius and nearly every country in South America, Asia and Africa plus Canada, Australia and New Zealand and the whole of Europe.

Next year will be challenging – I already have enough new stories to investigate -plus a some long term investigations which take a while to come to fruition. Please continue to donate to my blog to keep my investigations going.

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New rip off scandal by the Treasury could lead to hundreds of thousands of young mothers and grandparents without a full state pension

George Osborne speaking at the 2013 Global Investment Conference where he boasted of the savings he made by raising the pension age

The government is once again going to save hundreds of millions of pounds in future pensions bills by keeping young mothers and caring grandparents ignorant of the consequences of a law change that came into force when George Osborne was Chancellor of the Exchequer.

For once the Department of Works and Pensions is not behind these savings. Instead it is HM Treasury via HM Revenue and Customs. And the way the government is getting away with this would not be obvious to anyone unless they had an encyclopedic knowledge of social security regulations.

When a young mother is giving birth to a new born probably the last thing on her mind is whether she will get a decent pension. Yet laws introduced in 2013 which reformed and effectively ended child benefit as a universal benefit have had an extraordinary hidden knock on effect on individual pensions that will be paid out in 40 to 50 years time. It also hit home much earlier for caring grandparents who took on child care responsibilities – the very group of 50s women who have already lost tens of thousands of pounds by the raising of the pension age from 60 to 66.

The law change introduced by George Osborne after his 2012 budget was to stop paying child benefit to people whose individual income exceeded £50,000-£59,000. Those who were already receiving child benefit and didn’t know about the change or didn’t tell the Inland Revenue were hit with stiff fines.

As a result mothers who were aware of this widely advertised change didn’t put in a claim. What they didn’t realise is without a claim for a benefit that would be denied – they would also lose their national insurance credits while they brought up a young family. This can make a huge difference to the amount of state pension they can claim decades later.

There was a double whammy in all this which hits home much sooner. Grandparents and other close relatives who were happy to help with childcare for a struggling young family are entitled to additional credits on their final pension called Specified Adult Childcare Credits. But if their daughters haven’t registered for child benefit they get nothing.

Both groups get nothing

If either group suddenly finds this out all they are entitled to is just three months national insurance credits- even if it is years in arrears.

Now if you think this all sounds rather fanciful all this information is taken from a bundle of documents prepared for an appeal to a tribunal to take place next year. The case is being bought by grandparent Judy Lynch from Harrow in north London, a woman born in the 1950s who has already lost £40,000 in back pension by the raising of the pension age from 60 to 66 and stands to lose another £800 a year from this law change. Her NI credits were five years short of getting a full pension. Her case was highlighted in The Times by journalist David Byers recently.

She has written to the tribunal to tell them her daughter did not claim child benefit in 2016 precisely because she knew she would not get it. But the form contains no information that she would lose national insurance credits towards her pension nor has she ever received a letter telling her the consequences of her decision. Nor is it made clear that if grandparents helped her with the childcare that they would not be able to claim additional national insurance credits.

George Osborne has managed to get away with this for at least six years before MPs in a Westminster Hall debate in the Commons caught up with it. When they did the then financial secretary of the Treasury came in for strong criticism from all parties including a Tory backbencher, Craig Mackinley. He attacked the system.

He said: “There is no withdrawal of child benefit for a couple both earning £50,000—the high income child benefit tax charge does not apply, even though the family income is a generous £100,000. In another family, in which only one parent is working and earning, say, £60,000, and the other is not working, there would be a full claw-back of the child benefit given.”

Alison Thewliss, SNP MP for Glasgow Central

The severest critic was Alison Thewliss, SNP MP for Glasgow Central : “Organisations such as the Women’s Budget Group have long argued that the UK Government’s approach to balancing the books is gendered and does not stand up to the most rudimental scrutiny from an equality perspective. This policy is a key example of that. Budgets and spending reviews come and go, but we are yet to see any real strategic direction in tackling gender inequality.”

“The notion that a woman has to know her partner’s intimate financial details is quite unusual. My husband and I have separate bank accounts. I have no idea what he earns, but I was expected to phone up and give intimate details to someone over the phone. That will be all the more difficult for a woman in a situation of financial coercive control, and it will give the male parent a huge amount of control.”

Anneliese Dodds, then Labour’s shadow Treasury spokesperson said:” New research on the high-income child benefit charge indicates that much larger numbers of people are being drawn into the system than were initially. The Institute for Fiscal Studies indicated that since the £50,000 threshold has not shifted upwards, about 36% more people— 370,000 more families— will lose child benefit in 2019-20 than in 2013-14.”
The government of course denied that it was targeting women again.

Jesse Norman said: “The hon. Member for Glasgow Central said that the charge is a gendered policy. I do not think that is true at all, and many other aspects of Government policy do not reflect anything like that position, as she will be aware. For example, there is extensive work in supporting women as entrepreneurs and women in business.”

Liz Truss the women’s and equalities minister

More recently, Liz Truss, who is also women’s and equalities minster, has backed this up claiming that women affected have plenty of time to make up lost national insurance credits to get a full pension.

There is one other twist to this story. The government has part privatised the handing out of child benefit forms to a private company, Bounty Joy Ltd. This firm gives out vouchers to women in maternity wards and child benefit claim forms. The firm has one director Alan Chan, a Canadian resident in the United States. He has a correspondence address in Stevenage, Hertfordshire and employs 19 people to cover England. The company has yet to produce a single account. I think this may have to be the subject of another investigation.

In the meantime lots of people are having to put up with yet another sleight of hand by Conservative ministers so they can hide savings. Again women are the main losers. And George Osborne has form on this. After all it was he who boasted in 2013 at a global finance conference talking about the raising of the pension age :“I’ve found it one of the less controversial things we’ve done and probably saved more money than anything else we’ve done.”

Gareth Thomas MP : condemned the government over this

Gareth Thomas Labour MP for Harrow West and her local MP, who has already written to HMRC and the DWP about this and now intends to raise the issue again in Parliament. He described the revelations about the arrangements as ” scandalous” for both young mothers and grandmothers also condemning the privatisation of benefit advice to young mothers when they are ” at their most vulnerable.”

He attacked the government’s decision not to disclose to people that could lose national insurance credits by not applying for child benefit in the forms available at hospitals and is to press ministers to change the policy on this and the system which means mothers and grandmothers can’t get back most of the credits if they later find out.

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Labour peers say “pensioners will now pay the price” as Commons throw out Lords plan for bigger pension rise next year

Inflation rises to 4.2 per cent days after ministers limit rise to 3.1 percent

Labour peer Baroness Sherlock

The House of Lords accepted the Commons defeat over their plan to meet the broken Tory manifesto pledge to keep the “triple lock” on pension rises next April.

The proposal from former Tory pensions minister, Ros Altmann, would have increased pensions by less than 8.3 per cent – the rise in earnings – but more than 3.1 per cent rise in inflation.

Yesterday when the measure came back to the Lords not a single Conservative peer – not even Ros Altmann who had proposed the compromise – spoke in the debate. Instead it was left to Labour peers, a Liberal Democrat and a crossbencher peer to criticise the Commons decision.

Labour peer Lord (Bryn) Davies of Brixton – noting that inflation will be high next year – warned that having broken the ” triple lock” because a 8.3 per cent earnings rise was not regarded as atypical – had created a precedent that could apply the following year to inflation.

He said: “We know the Government believe that highly atypical trends in earnings growth are sufficient justification for breaking the earnings link. We do not know how atypical earnings growth needs to be in future before they decide again to break the link. Can the Minister tell us more about what counts as atypical earnings growth? How atypical does it need to be to justify breaking the promise?

“However, it is not just earnings growth that might be considered atypical. What counts as atypical growth in prices? This is not a hypothetical issue. Most of us here have become familiar with what many in this House might regard as consistently low rates of inflation, but who knows what is to come, with the unwinding of quantitative easing and other pressures on the economy? How do we know that the Government, when faced with a significantly higher rate of inflation than we have experienced in the last 25 years, will not decide that this too is atypical?”

Prem Sikka

Labour peer Lord (Prem) Sikka warned “At around 25% of average earnings, the UK state pension is already the worst in the industrialised world. It is the main or only source of income for the majority of retirees, and their lives will be even harder, especially those of women.

“Women never got pension equality: the retirement age was increased but their pension was never equalised with that of men. Thousands will die this winter because people will have to make the harsh choice between eating and heating, and the first statistics will be emerging fairly soon. Our retirees are being hammered from every corner, whether it is on pensions or winter fuel payments, which are unchanged since 2011, or the Christmas bonus, which is unchanged since 1972, or the loss of the free TV licence for the over-75s.”

Liberal Democrat peer Lord Stoneham of Oxford, also expressed concern about the future:

“We are concerned that pensioners will not be protected from the effects of the economic pressures now coming from inflation. The Governor of the Bank of England is very uneasy about the situation and we want to know whether the Government are prepared to keep an open mind and look particularly at the case of the poorest pensioners as time goes on in the next few months, when these pressures will come to a head.”

Lord Desai, a crossbench peer, insisted that government having broken the triple lock could now always use the lowest amount to put pensions up every year.

Lord Rooker: ” Lords will always be an irritant”

Lord (Jeff) Rooker defended the Lords raising the issue;” With ignorant journalists in the media calling for the abolition of your Lordships’ House, this issue shows, above all, that we will always be an irritant to the Government, whatever party is in power. ”

Labour Baroness Sherlock warned: Tthis short Bill is a mistake. It steps away from the earnings link and, in walking away from their manifesto commitment for the third time, the Government are breaking trust with the electorate. Why are they so determined to do it? Ministers tell us that it is for one year only. Great, but I worry that their refusal to be creative in finding a way to deal with the fallout from the pandemic raises fears that they really are planning to walk away from this longer term.

“My noble friend Lord Rooker is, as always, right. We have done what we can. We have asked the elected House to think again. The Government whipped their people to say that they did not want to do so. I think they are wrong. Pensioners will pay the price for this and they will not likely forget this breach of trust. I hope the Government think it was worth it.”

Conservative DWP minister Baroness Stedman- Scott insisted the change was for one year only and criticised Lord Sikka for saying the UK had the worst level of state pension in the industrialised West.

Pensioners are going to get very angry if they do not have enough money to heat and eat this winter and not be able to keep up with inflation next year. Could this be the issue that ends the Conservative’s long period of popularity? By being silent and not even considering that pensioners are worthy of an explanation could be the issue that kills support for the party among the elderly.

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MPs vote to stop pensioners to get a big rise next April

Commons vote to throw out Lords case for a revised triple lock rise

Guy Opperman, pensions minister,” reckless to pay pensioners more”

The House of Commons last night voted down the Lords case for a higher pension rise next April with Guy Opperman, the pension minister, describing such a move as ” reckless” as there could be no robust figure to work out a compromise figure suggested by former Tory pensions minister Baroness Altmann. He boasted that the government were spending huge sums on pensions ” amounting to £129 billion this year”.

Full list of MPs who didn’t want pensioners to get a bigger rise below -all Tories

Baroness Altmann had argued for a higher figure than the government’s 3.1 per cent but below the 8.3 per cent rise in earnings if the government had kept the triple lock. This follows the latest estimates for inflation rising as high as 5 per cent by next April. The government won by 300 votes to 229 and by 299 to 53 to disagree with the Lords.

Full vote on pension uprating here. Those who were against any more money for pensioners included Sir Geoffrey Cox, who has made a £1m advising a tax haven, Alok Sharma, the president of Cop 26, Red Wall Tory, Ben Bradley for Mansfield and Lee Anderson, MP for Ashfield Bob Seely, Isle of Wight with a large pensioner population; millionaire Grant Shapps, the transport secretary; Scottish Tory leader, Douglas Ross; Peter Aldous, joint chair of the APPG on 50s women’s pensions and a clutch of Tories who won seats from Labour in the last general election. Two Tories rebelled and voted for the Lords uprating, Esther McVey, MP for Tatton and Derek Thomas, MP for St Ives. Derek Thomas it turns out voted against the government by mistake and then went into the government lobby. So he voted twice. Independents voting for the rise included former Labour leader, Jeremy Corbyn.

There were a lot of MPs who didn’t vote including Rishi Sunak, Boris Johnson and among Labour, Andrew Gwynne, joint chair of the APPG on 50s women’s pensions, Jack Dromey and Margaret Beckett.

The government was opposed by Labour, the Scottish National Party, the Liberal Democrats, the Green Party, the Alliance Party, the SDLP, and the Democratic Unionist Party. Only one Tory backbencher spoke to defend the government, Duncan Baker, the MP for Norfolk, North. Most Tory MPs stayed away from the debate.

Duncan Baker, Tory MP for Norfolk North. Claimed his large number of elderly pensioners accepted the logic of the need not to keep the triple lock this year.

He argued that his large number of elderly pensioner constituents understood the need not to increase pensions by 8.3 per cent because of the current financial situation. Jonathan Reynolds, Labour’s social security spokesman, supported the Lords move and rejected the government’s case -saying it was reasonable for the government to find a figure.

The strongest support came from John McDonnell, who argued the full triple lock of 8.3 per cent should be paid because of pensioner poverty, women being especially hit. ” Under the Lords amendment we are talking about giving pensioners an extra £2.75 a week – it is ridiculous that we are arguing against this. I would give them the full 8.3 per cent – worth £7 a week.”

Three Scottish MPs – two from the Scottish National Party David Linden and Patricia Linden – and Liberal Democrat Wendy Chamberlain argued against the government. Wendy Chamberlain said she had not received a single letter supporting the government abandoning the triple lock and many letters opposing the move.

Stephen Timms, Labour chair of the Commons works and pensions committee, challenged the government to make up the shortfall and was sceptical whether the government would abandon the triple lock next year ( Guy Opperman denied this) but even if not, it meant pensions would continue to fall behind wages.

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Lords reveals 12 million pensioners lose £30 billion as rebel peers defeat government over scrapping the triple lock

But deputy speaker stops Lord Sikka’s” full restitution” amendment going to a vote

Baroness Stedman-Scott Defeated in the Lords

The government were roundly defeated in the Lords – by 220 votes to 178 – yesterday over its plans to abolish the triple lock for next year’s pension rise – reducing the up rating for pensioners from 8.1 per cent to 3.1 per cent.

The loss of cash for pensioners in the next five years is enormous. They lose a share of £5.4 billon next year, £5.78 billion in 2023-24, £6.1 billion in 2024-25, £6.5 billion in 2025-26 and £6.7 billion in 2026-27. That amounts as Lord Sikka told peers to £30.5 billion removed from pensioners’ pockets over the next five years.

What happened yesterday in the Lords were two separate approaches to challenging the government’s decision to end for next year the link between pensions and earnings.

Baroness Ros Altmann

The first which was successful was put forward by Baroness Ros Altmann, a former Tory pensions minister, in a series of amendments. She had the support of Labour’s Baroness Sherlock, a former special adviser to Gordon Brown and an ordained priest at Durham Cathedral; Baroness Janke, a Liberal Democrat peer and former leader of Bristol council; and Baroness Boycott, a crossbench peer, feminist and former editor of the Independent newspaper.

It was one of these amendments that led to the defeat of the government in the Lords. This particular amendment had the support of former Labour Cabinet minister, Baron Hain, Liberal Democrat baroness Janke and crossbencher (and ex Conservative) Baroness Wheatcroft former editor of the Sunday Telegraph.

Basically the amendment challenged the government’s calculation of the rise in earnings at 8.1 or 8.3 per cent and wanted a new calculation stripping out the effect of the pandemic. Lady Altmann initially had put this at 3.8 per cent but yesterday suggested it could be as high as five per cent and then suggested she was had no firm figure. This particular approach had the support of Labour.

The official wording maintained the link with “earnings obtaining in Great Britain, as adjusted to take account of the exceptional impact of the COVID-19 pandemic on the level of earnings”.

She told peers: ” after seeing alcohol and fuel duty cut in the Budget and the bank surcharge allowance raised, and adding up the amount of Exchequer savings that those measures entail, half the cost of not honouring the triple lock will cover the costs of just those three measures. I appeal to noble Lords across the House: is this really the country that we believe that we should be living in? Is that the priority for public spending?”

The key point about this amendment is that it does not restore the full 8.1 per cent to pensioners and it leaves the government to decide if it wants to – the new earnings rate.

Baroness Stedman Scott, the DWP Lords minister, did not sound convinced. Referring to a blog on the Office for National Statistics site she said “Using a range of possible estimates based on a method that cannot be agreed on does not provide a sufficiently robust basis for making critical decisions about billions of pounds-worth of expenditure.”

Prem Sikka

The second more radical approach came from Prem Sikka, Lord Sikka. He was backed by Baroness Bennett, Natalie Bennett the former Green leader; Baron Davies of Brixton – Bryn Davies- a former Labour union leader; Baroness Blower, Labour and former general secretary of the National Union of Teachers and Lord Hendy, Labour, a barrister and labour law expert. Lord Sikka told them the government’s measure “is also contrary to the Government’s levelling-up agenda. Rather than levelling up, it impoverishes citizens and condemns millions of current and future retirees to a life of poverty and misery. There is no moral or economic rationale for this; indeed, none has been offered by any Minister so far.

“The Government’s own statistics, published on 3 September 2021, say that the average weekly pre-2016 state pension is £169.21 for males, £141.98 for females, and the overall mean is £155.08. The average weekly post-2016 pension is £166.34 for males, £160.11 for females, and the overall average is £164.23. As we can see from these figures, women are especially impoverished by the way that pensions are calculated and paid. They will be hit even harder by the abandonment or, as the Minister might say, the temporary suspension of the triple lock.”

….”Low pensions condemn our citizens to a life of misery. Some 1.3 million retirees are affected by malnutrition or undernutrition. Around 25,000 older people die each year due to cold weather, and we will no doubt hear the grim statistics for this year, possibly on 26 November when the next numbers are out. Despite the triple lock, the proportion of elderly people living in severe poverty in the UK is five times what it was in 1986, which is the largest increase among major western countries. Some 2.1 million pensioners live in poverty, and the poverty rate has actually increased since 2012-13.”

Baroness Fookes : Blocked official vote

Then extraordinarily Baroness Fookes, a Tory peer who was a deputy speaker, blocked a vote on Lord Sikka’s amendment leading Lord Sikka to say he was cheated. She argued that his opponents had made more noise than his supporters to justify the decision.

If this amendment had been passed it would have allowed pensioners to get the full uprating of 8.1 per cent but would have wrecked the bill. Labour did not support this and would have abstained. A spokesman for the Labour Whip’s office explained:”Prem’s amendment was not in line with the Lords’ constitutional position, in that it would wreck the core purpose of a bill that the Commons had already voted to support.

There was all party support however for a full impact study into pensioner poverty after peers from all sides had expressed concern about the plight of pensioners this winter and the DWP minister promised this when faced with possibility of yet another Lords revolt.. There was also a promise from the minister for a detailed explanation of the national insurance fund – which appears to have a £37 billion surplus which the government says cannot be used to pay for keeping the triple lock.

What is clear is that Rishi Sunak, the Chancellor, has been silent about this surplus in all the documents he produced to accompany the Budget. If it turns out that it has been used secretly to repay government debt I suspect there will be an all mighty row as 12 million pensioners will feel they have been cheated yet again by successive governments. Watch this space for more developments.

Read here who supported revising the triple lock and those who were against pensioners getting a penny more. Those in favour included 3 Tories, 99 Labour, 41 cross benchers,64 Liberal Democrats,13 non affiliated, including one Green Party and 2 Democratic Unionist Party.

Those against included 165 Tories, 11 crossbenchers and 2 non affiliated peers. Hereditary peers also voted against. You can see all their names on the link.

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Peers fight into the night for 12 million pensioners to get the full “triple lock” rise of over £14 a week

Baroness Stedman-Scott, DWP minister in the Lords who said bill would collapse if peers voted for the amendments

The government came under fire from all parties last night in a late sitting in the House of Lords for deciding to scrap the “triple lock” for pensioners- reducing next April’s rise from over £14 to £5.55 a week.

There also was a constitutional row when the Conservative Leader of the House of Lords, Baroness Evans, on advice from the clerks, wanted to rule out of order an amendment from Tory peer Baroness Stroud, on the £20 a week cut in Universal Credit. It was quite clear from her proposal – she worked with Iain Duncan Smith at the Centre for Social Justice – that she wanted MPs to to have a vote on the cut and was not happy with the policy.

The debate which ran on until midnight united rebellious Tories, Labour, Liberal Democrats, Greens and crossbenchers in opposition to the plans to break the earnings link.

Baroness Altmann, a former Conservative pensions minister, proposed three amendments – all aimed at restoring in some way an earnings link – though offering the government a compromise by either linking to a lower earnings level or giving the highest rise to those pension credit – who are the poorest pensioners.

Lord Sikka – picture credit Twitter

By far the strongest criticism of the move came from the Labour peer, Prem Sikka, who wanted to scrap the clause altogether. He was backed by Baroness Bennett, the former Green Party leader and Lord Davies of Brixton, a former trade unionist and leader of the Inner London education authority.

He called for the full 8.3 per cent up rating to be paid:” In the 1980s, the Thatcher Administration broke the link between earnings and the state pension, and we never recovered from it. This is another example of where, once that link is broken, we will never really recover from it; the Minister so far has not said that in future the backlog will somehow be made up. Nothing has been said about that.”

“The current full state pension at the moment is £9,350 a year, and only four out of 10 retirees receive it. The average state pension is about £8,000 a year and, as has already been pointed out, is around 24% or 25% of the earnings. It is the lowest among industrialised nations, and by not increasing the state pension in line with average earnings we are going to condemn it to remain low.”

He said that state pensions were lowest in Europe – just 4.6 per cent od gross national product – compared to 10 per cent in Germany.

1.25 million women pensioners living in poverty

He asked: “Why is it that the Government are content for such low allocation to the state pension? What happened to the billions that the Government took from 3.8 million women by raising their state pension age from 60 to 66? What happened to the billions that the Government said would be saved by coming out of the European Union? Why have those resources not been used to lift our senior citizens out of poverty?”

He added: “Despite the triple lock, 2.1 million pensioners live in poverty, 1.25 million of whom are women. The poverty rate is higher now that it was in 2012-13. Many simply struggle to survive. Those retirees who try to top up their meagre state pension with part-time work will soon be hit by the Johnson tax: a 1.25% hike in national insurance. At the same time, what do we actually observe? For those rich people who make vast fortunes from capital gains and dividends, or speculation on second homes, commodities markets and securities markets, no national insurance contributions are payable on unearned income. That money could definitely be used to alleviate poverty, but the Government have not indicated any inclination to do that.”

“£8.50 a week is probably less than what many ministers pay for a glass of wine”

He said it would cost £4.7 billion to do so and could easily be raised by raising the national insurance levy on unearned income, such as shares or capital gains, which are exempt from the new levy.

“A triple lock based upon the existing formula could have given an increase of around 8% to 8.3%, adding up to about £14 a week in the full new state pension, instead of £5.55 a week. That is a difference of about £8.50 a week. Is that really a king’s ransom? It is probably less than what many Ministers pay for a glass of wine with their lunch.”

Baroness Bennett said she wanted a even more radical overhaul of the pensions system – saying no pensioner should live in povery and the con tributory system which is unfair to women should be abolished.

Baroness Stedman-Scott, junior minister at the Department for Work and Pensions, said if Lord Sikka’s proposal was passed the bill would collapse as it has only two clauses and asked for him to withdraw it. He did but promised to come back next Wednesday when the bill is debated again when he plans to raise the issue of the National Insurance Fund whose latest accounts show it has a £37 billion surplus. Curiously I learnt that Sir Keir Starmer, the Labour leader, did not want Labour peers highlighting the issue of the pensions ” triple lock” implying Labour was prepared to go along with the Tories over this issue but it seems pretty clear from the debate that this was ignored. Rather extraordinary that Labour don’t want to highlight the issue.

For those who want to see the debate go to https://parliamentlive.tv/Event/Index/3af431d5-923d-46d3-a9ec-3bf5a3ad7d2f and scroll down to 20:12:26 Legislation: Social Security (Uprating of Benefits) Bill – committee stage .It is a long debate lasting nearly four hours.

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Too expensive to tell you – the DWP cover up on whether they are really compensating millions who lost out on a Guaranteed Minimum Pension

The Department for Works and Pensions has compounded the big scandal over millions of people who are entitled to compensation for the ministry’s hidden decision to scrap an annual increase worth anything up to £27,000 over the lifetime of a pension for those, particularly women, who were contracted out of Serps by private companies.

Previous blogs highlighted this scandal after the Parliamentary Ombudsman ruled that there was maladministration in not telling millions of people that they would lose out when the new state pension was introduced in 2016. Only two people were compensated with sums of £500 and £750.

But the Ombudsman wimped out in enforcing the compensation for millions by allowing the DWP two years to take action to compensate people and then allowing them to create a factsheet which didn’t tell the full story.

Suspicious that the DWP was still avoiding to do anything a campaigner on this issue, Chris Thompson, put in a freedom of information request to the DWP to find out how many people have asked to be compensated,

The answer has now come back. The DWP said:

We can confirm that we hold information falling within the description specified in your request. However, we estimate that the cost of locating, retrieving and extracting the information for these requests, when aggregated, would exceed the appropriate limit of £600. The appropriate limit has been specified in regulations and for central Government it is set 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 the information.”

This was only asking about emails and letters the ministry had received since August 12 this year – a matter of a few weeks- it is rather suspicious if not laughable that this would take more than 3.5 days to find out. Surely the department would have a simple database to do a computer search.

Suspicion that nobody or few people have contacted the DWP

Mr Thompson suspects there is another reason.

” I think the reason the DWP don’t want to give me the information is that no one has contacted them or only a few which would show up by putting it on GOV.UK so that people only find out by happenchance which is not very satisfactory. For GOV UK to be a suitable way for people to find out about loss of GMP indexation then a majority of the 11 million people should see it. I wonder if they did any sort of assessment to find out how many people they thought  would find the fact sheet on the GOV.UK website.”

Again this bodes badly should the women born in the 1950s and 1960s achieve compensation for maladministration over the up to six year delay in receiving their pensions when the age was increased from 60 to 66. It sounds like the government won’t be very helpful in telling people how many were compensated.

However they may be another way to get hold of what is happening or rather what is not happening.

Stephen Timms MP to press DWP over numbers

Following some lobbying by Mr Thompson and myself Stephen Timms, the Labour chair of the Commons works and pensions committee, plans to tackle the government over this omission.

He has been promised a six month review by the ministry on how the use of the factsheet is working.

He told us that he intends to write to the ministry in December demanding that as part of the review they disclose how many people have applied for compensation.

This means whether they like it or not the DWP will have to spend some money and time finding out – unless they are going to tell Mr Timms that it is too expensive to do the exercise. We shall wait and see but for some of the people who don’t know they are entitled to this money – it could be a matter of life and death – as they may already be in bad health and could die before they realise.

Previous blogs on this:

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Time for a new UN convention on the rights of older people

Today is the United Nations International Day of Older Persons. As the number of older people grows in developed countries they are becoming a much bigger force.

Yet as we see in the UK the government pays mere lip service to them – trying to present the general public with the idea that they are all well off and preferring to focus on the young.

Indeed the present Tory government thinks it can get away with targeting them – along with the poor- for the mainstay of their new post pandemic austerity polices.

In the last few years they have taken away free TV licences for the over 75s, abolished the ” triple lock ” for pension rises for one of the lowest state pensions in developed countries, continually raise the pension age and targeted women born in the 1950s and 1960s -taking away around £50,000 in pension payments by raising their pension age.

Many people aged 60 cannot now get free bus passes until they are 66 and ministers now have their plans to make them pay full prescription charges from the ages of 60 to 66 – knowing that far more of them are unhealthy and suffer chronic ailments than younger people. And they are going to reintroduce national insurance contributions for those over 66 who supplement their pension by working.

Older people facing redundancy

There are also problems for older people being targeted for redundancies -indeed the organisation Rest Less, (website here) which monitors job prospects for the over 50s, suggests that there were half a million people over the age of 50 on furlough according to the latest figures. They are reporting growing numbers of economically inactive people in their 50s and 60s. How are they going to get a full pension?

So it is rather good news that JustFair – a campaigning organisation – is calling for a new international convention on the rights of older people. You can read about them and their proposal here. Sufficient to say it highlights a lot of issues affecting older women – and it has the backing of CEDAWinLaw which held a tribunal examining women’s rights and the case for putting that UN convention on eliminating all forms of discrimination against women into UK law.

As it says: “Gender inequality in older age is the result of disadvantages accumulated over the life course and further exacerbated by ageism and age discrimination. As a result, many older women are denied their rights, a situation further aggravated by the COVID-19 pandemic with its disproportionate effect on both older persons and women. It is estimated that the impact of the pandemic increased the gender gap by a generation.  This means that women will continue to reach older age in a disadvantaged position unless structural changes are made“.

Internationally the UN is highlighting a huge digital divide between developed nations and developing countries over the internet with older people the worst affected.

Yet, one-half of the global population is off-line, with the starkest contrast between the most developed countries (87%) and the least developed countries (19%) (ITU Facts and Figures 2020).

Age UK Dacorum’s campaign to highlight the UN day

There are also lots of local events today highlighting the day. In my area in Hertfordshire Dacorum Age UK have a fund raising campaign called ” Slip into Slippers” celebrating the dignity of old age and the fact that many older people play a big role in the community.

Charlie Hussey, development officer for Age UK Dacorum said: “We are asking individuals businesses schools and clubs to get involved by Slipping into Slippers for some of the day, and encourage people to have some fun, make a small voluntary donation and take some photos / videos. All to raise funds and awareness of Age UK Dacorum and highlight the needs of older people and equally importantly the contributions they can still make to our community. “

I am also raising funds for my own website to develop my work holding the government and the powerful to account. Please donate if you can

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National Audit Office reveals DWP’s “almost inevitable” errors in calculating your pension as £1 billion is owed to 134,000 pensioners

Woman pensioner. pic credit: Which?

A highly critical National Audit Office report today exposes major shortcomings in the running of the country’s state pension system.

With some 12 million people relying on the Department for Work and Pensions to calculate their pension accurately the auditors reveal a sorry picture of outdated IT systems, civil servants reduced to making manual calculations and mistakes galore with no proper system to identify the errors in the first place.

The NAO investigation was triggered when former pensions minister Liberal Democrat Sir Steve Webb and Tanya Jefferies of ThisIsMoney.co.uk, last year started to refer a number of cases to the Department of women who had been underpaid. On 26 May 2020 Sir Steve published an estimate of the level of underpayments using the
information obtained from the Department combined with public information from the Family Resource Survey that at least 220,000 women had been underpaid including 131,000 married women, 56,000 widows and 35,000 divorcees.

90 per cent of the losers are women

Now the department has admitted that 134,000 people have indeed been given underpaid pensions and it will cost £1.053 billion to compensate them. This figures excludes those who have already died because the department wipes them from its records after four years

Once again 90 per cent of them are women, and only 10 per cent men.

What is particularly alarming is the summary in the report about the whole pensions system.

It says: ” The errors occurred because State Pension rules are complex, IT systems are outdated and unautomated, and the administration of claims requires a high degree of manual review and understanding by case workers. This makes some level of error in the processing of State Pension claims almost inevitable.

The Department’s caseworkers often failed to set (and later action) manual IT system prompts on pensioners’ files to review the payments at a later date, such as their spouse reaching State Pension Age or their 80th birthday. Caseworkers also often made errors when they did process prompts because frontline staff found instructions difficult to use and lacked training on complex cases.

Worse the department seem to have a top down approach to find out about errors – rather than a bottom up from the pensioners themselves who might challenge their pension awards. Therefore it never picks up a large volume of similar complaints.

Wrong assumption that there are no errors

As a result there always been the assumption – and it was taken until now by the National Audit Office- that there was virtually no fraud or error in the payment of the £100 billion plus to pensioners every year. This has now been proved wrong.

The ministry is recruiting 544 people – at a cost of £24.3 million – to chase up and pay out the money to people who have lost out. But it is going to take some two years to do this with priority being given to the over 80s and widows. It has no plan on how to compensate relatives of dead pensioners owed money- and the NAO think it should create one.

Meg Hillier MP

Meg Hillier MP, Chair of the Committee of Public Accounts, said

“Many pensioners – most of whom are likely to be women – have been short-changed by thousands of pounds which they are still yet to receive many years later.

DWP must provide urgent redress to those affected and take real action to prevent similar errors in future.”

A DWP spokesperson said:

“We are fully committed to ensuring the historical errors that have been made by successive Governments are corrected, and as this report acknowledges, we’re dedicating significant resource to doing so. Anyone impacted will be contacted by us to ensure they receive all that they are owed.

“Since we became aware of this issue, we have introduced new quality control processes and improved training to help ensure this does not happen again.”

Fourth pensions scandal to hit DWP

However one must comment that this is the fourth scandal to hit the DWP over the payment of pensions and women are by far the worst treated. First we had the 3.8 million 50swomen not being properly informed about the raising the pension age which the Ombudsman has found there was maladministration. Then we had the complicated story of people losing their guaranteed minimum pension uprating which could affect 11 million people, mainly women. Again the Ombudsman found maladministration but only two people have been compensated. And now we are also having delays for people claiming their pension for the first time in getting paid.

Cynics might conclude the ministry is almost misogynist in its approach – and also all these delays is ensuring more people -particularly in the age of Covid- will be dead before they get the money that is owed to them.

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