Revealed on Byline Times: How the DWP manipulated the pension figures to exaggerate the costs of helping the 50s women.

Department for Work and Pensions – still misleading the facts on 50swomen pensioners.

The Department for Work and Pensions has produced statistics to frighten the public into believing that compensating 3.8 million women born in the 1950s who lost out through the rise in the pension age from 60 to 66 will cost more than double the real price.

 A new DWP research report issued a day after judicial review hearing on June 5 and 6 and given widespread coverage in mainstream media put the cost at an eye watering £188 billion and £212 billion instead of a previous figure of £77.2 billion. The directly comparable figure hidden in a footnote is £91.1 billion at today’s prices.

The full story including how the DWP really knows that 50s women are badly off is in BylineTimes here. https://bylinetimes.com/2019/06/20/project-fear-how-the-dwp-is-trying-to-mislead-the-public-over-the-backto60-pension-costs/

Exclusive: How Margaret Thatcher’s legacy can undo the damage she did to 50s born women pensioners

Jackie Jones MEP explains how 50s born women will get their rights

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It is a supreme irony. Margaret Thatcher’s government ended the Treasury contribution to the National Insurance Fund that has now deprived 3.9 million women born in the 1950s of their pensions for up to six years. Now she could also be their saviour.

This is because Britain’s first woman prime minister took the decision to ratify in 1986 the United Nations Convention on the Elimination of All Forms of Discrimination 1979 (CEDAW).

It is this decision that commits the United Kingdom to outlawing not only any discrimination against women who are unfairly treated but demands reparations for the people who lost those rights.

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Pic credit: BBC

The CEDAW convention also crucially provides a mechanism to deliver the money to 50s women without facing a legal challenge from any other group – whether it be the pensions industry or anyone else.

The role of this convention is likely to be a major debating point in next week’s high court judicial review since Professor Jackie Jones – elected last week as a Labour MEP for Wales and former professor of Feminist Studies at the University of the West of England – will be BackTo60s expert witness. In the hearing that led to the granting of the judicial review she produced a brief here which explains the convention.

What is particularly exciting for 50s women – regardless of the result of the judicial review – is that this mechanism known as a Temporary Special Measure could be implemented by government ministers without any need for a judicial review at all. All it would need is the will of the politicians to do something about it under our obligations to ratify CEDAW.

The effect would be to legal proof any challenge without changing the law that has equalised the state pension age.

There is also an extraordinary precedent which was adopted by the Blair government and extended by the Brown government.

In 2002 Parliament passed the Sexual Discrimination (Election Candidates )Act which set up the controversial all women’s short lists for MPs, MSPs, MEPs, AMs and local councillors. The aim, as a detailed House of Commons library briefing reveals, was to dramatically increase the number of successful women candidates in public life and redress the balance between men and women holding public office.

This particular change was seen as a Temporary Special Measure originally aimed to end in 2015.

The 2010 Equality Act used an order to extend this to 2030. The measure was enthusiastically adopted by Labour who had pioneered the idea for the 1997 general election. Other parties did not adopt all women short lists but came under increasing pressure to select more women candidates.

The result has been a big increase in the number of women in Parliament. Now there are 208 women MPs in Parliament compared to 60 in 1992 before Labour introduced the all women shortlist.

Two issues have not been sorted out.  The UK has repeatedly refused to embed all the provisions of CEDAW into domestic law. It steadfastly refuses to incorporate CEDAW into the Equalities Act 2010 or pass a separate Act that would provide women with the rights and fundamental freedoms Mrs Thatcher pledged to adhere to over 30 years ago.

And no special legislation has been passed to allow such payments to be made to the 3.9 million women born in the 1950s.

However this is changing. A Parliamentary motion calling for a temporary special measure to compensate the women has attracted 139 MPs from all parties and widely differing views. These include a number of ex ministers from the two main parties including Tories Sir Michael Penning and Robert Halfon, Labour’s Kevan Jones and Angela Eagle.

Other MPs supporting Anna McMorrin’s motion include the DUP chief whip, Sammy Wilson and Brexit spokesman Nigel Dodds; Green Party MP Caroline Lucas; Labour MPs Stephen Kinnock, David Lammy , Chris Bryant, Emma Lewell-Buck and Gareth Thomas; Tory MPs, Sir Peter Bottomley, Dame Caroline Spelman,Sir David Amess, Sir Henry Bellingham and Laurence Robertson;Liberal Democrat MPs Jo Swinson, Layla Moran, Tim Farron and Stephen Lloyd; Plaid Cymru MPs, Ben Lake and Jonathan Edwards Scottish Nationalists, Angus Brendan MacNeil and Deidre Brock and Independents John Woodcock and Chris Williamson.

What is clear is a gathering support for action among MPs – something the present government and pensions minister Guy Opperman ignore at their peril. The 50s born women have a just cause on their side.

Permission granted: 50s Women win historic case to judicial review on pension rights

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50s women dancing in front of the Royal Court of Justice after the judge granted their request for a judicial review

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A High Court judge  yesterday gave the Back To 60 campaign permission to bring a judicial review against the Department for Work and Pensions over the raising of the pension age  for 3.8 million women born in the 1950s.

The Hon Ms Justice Lang – who is also known as Dame Beverley Ann Macnaughton Lang – ruled in favour of all the issues raised by barristers Catherine Rayner and Michael Mansfield on behalf of the women.

The ruling by the 63 year old judge obviously stunned the Department of Work and Pensions whose barrister, Julian Milford, asked for  66 days ( instead of the normal 14 days)  to prepare a fresh case against Back To 60. They were granted 42 days.

The  ruling means that a future  hearing BackTo60 have the right to argue their case that the government’s decision which affected the 3.8 million  women was both  a matter of  gender and age discrimination. In addition they can argue that the total failure of successive governments to review the arrangements to look at the hardship faced by many of the people made  matters worse.

As is stated on the lawyer chambers site:

” the taper mechanism used to raise the date on which women receive state pension, in combination with a failure to properly inform women of the changes was unlawful because it discriminates on grounds of sex, age and sex combined and age.”

Catherine Rayner told the judge that there had been no fewer than 60 changes to the date  when a 50s woman could get a pension  and that the main driving force for the government was to save money. She said the equivalent of £5.3billion had been taken from this group of women. She described it as an ” historic inequality ” which was made worse by the lack of knowledge among the women themselves  because the government never informed them directly about the changes.

Julian Milford for the DWP, admitted that this was part of a cost saving for the government but also said it was about equalising the pension age between men and women.

He argued that there should be no judicial review of this because it was about primary legislation which had been widely debated in Parliament in 1995 and it was far too late to call it into question.

He also argued that a ruling by the European Court  of Human Rights which meant that pensioners who had retired to Canada, Australia, New Zealand and South Africa were not entitled to uprated pensions meant that the women had no case to ask for a judicial review about changing their pensions.

Both these points were rejected by the judge who said that even though the act was passed 23 years ago the fact that its impact was causing problems for the women now meant  the review could go ahead.

The government also revealed that the private pensions industry is  uneasy about the women winning their case because it could force them to pay out occupational pensions five years earlier to some women – if their contract with companies meant it was payable on the day they could collect their state pension.

As the 7BR website says:

“The hearing will allow a detailed examination of complaints made by made by women born in the 1950s, and championed by groups such as #backto60 and WASPIE, as well as their political representatives. The case raises legal questions about sex and age discrimination in the mechanisms chosen by government to implement a policy; the responsibility of Government to inform people of significant changes to State Pension entitlement and of the applicability of the EU directive on Equal Treatment in Social Security provision.”

My view is that it has significant implications for Westminster and Whitehall.

It means that a judge has quashed the views expressed by financial commentators  like  Frances Coppola and other people connected to the private pensions  and banking industry that there was no chance of a judicial review. It has also called into question the arguments they used over primary legislation and the  ECHR court ruling.

It will add to pressure on the Labour Party leadership to promise to do something for these women whose cause is championed  by Laura Alvarez, the partner of Jeremy Corbyn, and whose shadow chancellor, John McDonnell, is well aware of the issue, and predicted the women would win a review.

It will put enormous pressure on Amber Rudd, the new works and pensions secretary, who is already having to cope with the backlash over the mess caused by universal credit and will now have to seriously address the plight of the 50s women. It is also a  blow to the reputation of Guy Opperman, the pensions minister, who all but nearly misled Parliament by telling them that the judicial review had already been rejected.

And I am afraid the All Party Group on State Pension Inequality for Women in Westminster will have to buck their ideas up and come behind this review rather than seeking small sums of compensation for the affected women.  By taking this radical stand  and going for the jugular BackTo60 have shown the way. They have not won yet but they have got much farther than anybody thought.

 

 

 

 

 

Exclusive: Amber Rudd faces new challenge over maladministration of the raising of pension age from 50s Women

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Amber Rudd- the new work and pensions secretary and MP for Hastings

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Two supporters of the BackTo60 campaign have got professional legal support to challenge the government for maladministration over the failure to notify them over the raising of the pension age.

The fresh challenge is in addition to the hearing next Friday at the High court to decide whether BackTo60 can challenge the government through a judicial review.

Pensions Litigation lawyer Mr Ivan Walker (Principal of Walkers Solicitors based in Kent) has agreed to advise Fran Martin and Ros Pain-Tolin  who, are two of the lead cases of 1950s Women. They have got to the final stage of presenting their case to the Parliamentary Ombudsman.

Mr Walker recently represented the members of the Lloyds Bank pension schemes in a landmark High Court claim regarding sex discrimination in the system for contracting out of the State Earnings-related Pension Scheme.

The move is significant because professional legal advice is essential in bringing such a  case. The women are launching a crowd funding appeal  to help finance the move.

The link is here. Go onto the crowdfunder site here:

https://www.crowdfunder.co.uk/search/projects?filter%5Bc%5D=&filter%5Bt%5D=pending&filter%5Bs%5D=

Search live projects and put in 50swomen and then you will get to the site. For some reason this direct link does not work

https://www.crowdfunder.co.uk/maladministration–legal-advice-for-1950swomen

Both women have faced enormous and heart rending struggles to cope since the government pushed back the right to claim a pension from 60 to 65 and it is going up to 66 by 2020. Their struggle is typical of many others who have commented on this blog and have been left with virtually nothing to live on.

Fran Martin told me :

“I received a letter in 2013 from DWP – which indicated that I had a 6 yr hike added to my SP age – This was received 2 years before my 60th birthday in 2015. I was totally shocked and still am.

“I have gone from an optimistic cheerful forward thinking person to a virtual recluse with all the incumbent stresses and strains that this places on other family members. Health has deteriorated too, with high blood pressure, diabetes and anxiety being I feel part and parcel of the result of being misled at what is a vulnerable time in anyone’s life..”

Sleepless nights have become the new norm and even whilst now prescribed sleeping tablets I can still be wide awake at 4 or 5am with worry for a very bleak future if even that exists, I’m not convinced it does.”

She became redundant in 2015 and then saw her plans for a happy retirement ruined.

” I had purchased a retirement cottage in 2008 in Aberdeenshire completely unaware of any state pension Legislation. and which DWP treated as capital – Forced in Dec 2015 to put the cottage up for sale – but with no work and no one coming into Aberdeen to rent, to date the cottage is still on the market. and have costs for the upkeep of same and the flat that I live in Aberdeen.

” I am ineligible for any benefits as the DWP class the cottage as capital. I was also forced to draw down a small private pension in 2015 at the worst possible times for annuities, and use this and small savings to eek out a bleak existence – Dependant to on a mother in her mid 80’s which quite frankly I never thought I would have to be and obviously places stress and worry on her too.”

Ros told me: “I always expected my State Pension to be at 60 in 2015. I never received a letter. ICE  ( who handle pension complaints)say that one was ‘probably’ sent in Feb 2012, but they did not keep any ‘case specific’ records so cannot confirm.”

“I only have a small works pension that I had taken early. I also a degenerative back condition which causes me pain most days and I  suffer from Asthma.

I really don’t know how I would manage at all, if I didn’t have my husband and his Pension to rely on as well. He is now 70 with his own health issues. My Mother almost 95 has also given financial support over the last few years.”

Both women are determined to fight the system so Amber Rudd in her new role  as work and pensions secretary better look out as a storm is gathering not only from them but from millions of other people who feel they have been robbed of their state pension when they should have had it.

 

 

 

 

 

 

 

 

Exclusive: Case for Judicial Review for BackTo60 challenge to government on pensions set for November 30

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Royal Courts of Justice – venue for handing in the papers for a judicial review for the 50s women

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The High Court is to hear the case for a judicial review into the government’s mishandling of the raising of the pension age for 50s women on November 30.

The court granted a two hour hearing today.This means that Michael Mansfield and his team will argue the merits of the case for a judicial review.

The Department for Work and Pensions will oppose any judicial review.  The judge  will decide whether it can go ahead.

The granting of a two hour hearing  is significant in the sense that the court has decided that the merits of both sides of the argument  must be examined thoroughly. Previously the court had thought that 30 minutes was enough to hear the arguments – suggesting that it could be turned down without much debate.

The announcement is a victory for the lawyers arguing the  case and for BackTo 60 in taking such an uncompromising stance. The government has so far refused to budge an inch in recognising the grievances of the 3.8 million women who have lost out – some of them living in dire poverty as a result.

The case will be backed up by the paper from Jackie Jones, a law professor at the University of the West England She has produced the report,  which shows that this group of women have suffered discrimination contrary to an international  convention signed by successive UK governments. It is not a legal document but it is an expert opinion.

 

The day the women fighting for their pensions brought Westminster to a standstill

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50s women reclaiming the street outside Parliament

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A decade ago this would have made headline news. Hundreds of  50s women deprived of their pensions until they reach 65 or 66 blocked the road in Parliament Square for over an hour yesterday. The police – just five of them – had to divert traffic away from Parliament as they sang slogans deriding Theresa May  from ” We paid In,  U Pay Out ” to ”  Hey, Hey, Theresa May, Theresa May, how many women who have you robbed today ” in an extraordinary display of anger at successive governments decisions to raise the women’s pension age from 60 to 66.

The noise  from the vibrant  demo drowned out irritated van drivers, bus drivers and motorists tooting their horns as they were stuck on the one way system round the Square. But the women were more than a match for the motorists, the police and certainly are making an impact on MPs.

The decision to block the road was not planned  and taken spontaneously by some of the protesters and led to a traffic jams right up Whitehall. Even Fiona Bruce, the BBC newscaster had to flag down a passing police car to get to Millbank to present the six o’clock news.

The protest  began with a 1000 strong rally in Hyde Park bringing together Backto60, Waspi and the ” We Paid In, U Pay Out” groups under a #One Voice and ” shoulder to Shoulder ” banner. Groups from as far away as Aberdeen, Cornwall, Wales, Tyne and Wear and Derby came to London to voice their anger.

It has got the backing of the Fawcett Society, the Women’s Equality Party and the SOS Initiatives  who have highlighted the desperate plight of the women , some of whom have contemplated suicide or self harm.

What was  clear at Westminster is that it is attracting support from senior people in the leadership of both the Labour Party and the Scottish Nationalist Party, the two biggest opposition groups in Westminster. John McDonnell’s office sent over a senior researcher and unless I was mistaken, Laura Alvarez, wife of Jeremy Corbyn, who keeps a low profile but I would bet will be telling the Labour leader about the strength of feeling there.

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Chris Williamson examines the Derby Waspi banner

Other Labour MPs there included Chris Williamson, the Labour MP for  Derby North;Laura Smith, shadow Cabinet Office minister and MP for Crewe and Nantwich; Battersea MP Marsha de Cordova; and a number from Scotland and the Midlands. Two prominent Scottish Nationalists, the Westminster leader Ian Blackford and Mhairi Black also pledged support. Tory MPs were noticeable by their absence.

What is clear is this issue which I fully support – I did address the rally myself on the key issues- is now going places. This weekend it made the mainstream media, the next stage must be inside the courts and Parliament itself.

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The protesters arrive at Westminster 

 

Exposed: The worldwide hypocritical stance by successive UK ministers on women’s rights and their pensions

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The logo of the convention on the elimination of discrimination against women

EXCLUSIVE TO THIS BLOG AND BYLINE.COM

A damning academic expert opinion on successive UK government’s failure to meet its international obligations to  1950s women hit by the rise in the pension age is to be presented in court soon as part of an application for a judicial review of the decision

Jackie Jones, a law professor at the University of the West England , has produced the report,  which shows that this group of women have suffered discrimination contrary to an international  convention signed by successive UK governments. It is not a legal document but it is an expert opinion.

The full brief  can be clicked on  here. AMICUS BRIEF 10 September 2018

The reports conclusion’s are stark :

 “The effect of the mechanisms in issue in this case have a discriminatory effect on women born in the 50s, adversely impacting on older women’s health, economic and social life in that the voluntary use of the mechanisms have the effect of failing to provide adequate access to pensions for women and therefore must be removed and full restitution substituted. “

Margaret Thatcher’s government in 1986 took the decision to sign up to the Convention on the Elimination of All Forms of Discrimination against Women (known as CEDAW)  – an international treaty adopted by the United Nations General Assembly and now recognised by 189 countries. In 2004 Tony Blair’s government went a step further and accepted an optional protocol and  UK ministers of all parties have played an active role in its international work for many years.

The UK’s treaty obligations mean that we are signed up, as the report says, to “women’s equality within society, in both the public and private spheres, obligating States to formulate policies, laws and programmes to advance women and promote substantive equality (equality in outcome, not only equality of opportunity) as well as from refraining from actions that will put women in a worse position.

“It includes alleviating economic disadvantage as a result of persistent structural inequality and remedying past injustices that had and continue to put women in a disadvantageous position vis-à-vis men. ”

The report argues that the UK is in breach of its international treaty obligations in three main areas over the treatment of 50s women.

The rise in the pension age from 60 to 65 and then 66 for women was far more drastic than for men who  faced a one year rise in 2020 compared to a six year rise for women. The implementation of the taper which meant women had to wait longer and longer for their pension  and it was made worse by the failure of the government to inform individuals how the decision would affect them. And finally the decision targeted one particular group – those born in the 1950s in a much more drastic way than anybody else – and successive governments have failed to even consider reviewing its effects.

The report says : “The imposition of the mechanisms resulted in women born in the 50s’ access to pensions being postponed, in some cases for years, despite the fact that women born in the 50s had a life-long expectation and had been repeatedly told that they would be entitled to their State pension at 60.

“The effect of the State measures of delay in being able to access State-sponsored pensions has meant a decrease in income for women born in the 50s as well as obligating women born in the 50s to continue to work or to find employment in order to make up any shortfall in pensions. This has led to substantial financial insecurity for the women so affected.

By their actions, the State has discriminated against these women because they are women as the measures only seriously adversely affect women born in the 50s, made the economic and health position of women born in the 50s significantly worse and thereby have infringed their human rights and fundamental freedoms as proscribed by CEDAW. “

In my view the ministers involved are hypocrites. Margaret Thatcher,as Britain’s first women prime minister, deserves praise  for signing the country up to the new convention.

But then her social security secretary, John Moore, within two years started undermining the position of  women  – first by withdrawing Treasury money to the  National Insurance Fund – leading eventually to  a shortfall  of  £271 billion – this included not only pensions but the funding of maternity allowances.

Then John Major’s government took the decision to raise the pension age rather than start paying money again into the fund which would have more than covered the current £77 billion to restore pensions for the 50s women. Successive governments  including Theresa May’s either did nothing or made matters worse by raising the pension age further claiming there was no money.

Meanwhile on the international stage Britain was portraying itself as a world leader in women’s rights with ministers attending the international convention meetings.

Since 1997 when Tony Blair created the position of minister for women in the Cabinet – the following prominent women politicians have held this job. which they combine with other duties. The Labour politicians are Harriet Harman, Baroness Jay,  Patricia Hewitt,the late Tessa Jowell and  Ruth Kelly.

The Tories are Theresa May, Maria Miller, Nicky Morgan, Justine Greening,Amber Rudd and Penny Mordaunt , the current minister who is also international development secretary.

These women should be backing the case for 50s women if they have a shred  of integrity and want to live up to the ideals of a convention signed by Margaret Thatcher which commits the country to the advancement of women.

CEDAR is already planning to hold the UK to account in February for breaching its commitment to women over austerity – 86 per cent of benefits cuts fall on women.

With the judicial review of the raising of the pension age and this international pressure over the UK’s discrimination against women over benefit cuts the scene is set for a perfect storm for the UK government.