Covid-19: NHS chaos and DWP indifference lead to tragedy for one 50s born woman

And why the BackTo60 Facebook crowdfunder is essential to bring these sad facts for many more to light

The family of Ray and Lesley Myers with daughters Nicola and Jenny in happier times.

This is a tragic tale that I suspect is being repeated across the UK now we have the largest number of deaths in Europe. It gives a little glimpse into the human cost behind the cold harsh statistics of the daily death toll. Her daughter contacted me and she agreed to be interviewed.

Ray and Lesley Myers thought they had their retirement well planned. He would get his pension at 65 and one year later she would get hers at 60.

He was a successful Welsh speaking self employed builder in North Wales. They had a comfortable four bedroomed house and two lovely daughters.

Then at 60 Ray developed cancer and was unable to work. They downsized from their four bed house to a one bed apartment in Chester.

Through the help of the NHS Countess of Chester Hospital & The Hospice of the Good Shepherd he was tackling his cancer and they were still looking forward to many more years together.

This winter Ray got pneumonia and went into the Countess of Chester Hospital. He got better , came out of hospital, but then fell ill again and was re-admitted.

Unfortunately for him he came back just as the Covid-19 was starting to spread across the UK. The doctors there also tried to press him to sign a ” do not resuscitate” form.

According to Lesley Myers the hospital did not have the right equipment to safeguard the staff or patients relying on paper masks and aprons. But they did regularly test him for Covid- 19. Three tests were negative, the last one was positive.

From there he deteriorated rapidly but his family heard nothing from the hospital and couldn’t visit him. Finally they allowed Lesley to visit him and provided her for the first time a gown and a medical mask. By then he was in a coma and close to death.

On April 7 aged 70 he died. The family have not been able to organise a proper funeral.

But the hospital have followed up her case and have got proper protection equipment and are changing the way they handle future cases.

Lesley then encountered all the problems from the Department for Work and Pensions. She was hours on the phone trying to claim bereavement benefit. The DWP just cut her off.

But they acted very quickly to stop his state pension,PIP, and ban her from being able to drive his mobility car. They still haven’t bothered to collect it one month later and it is parked at the apartment.

She found herself left with living on £420 a month – £320 from her own PIP as she is disabled and just £25 a week bereavement benefit. The widow’s pension has been abolished by the DWP. She has bills of £150 a month for council tax and another £100 for the apartment management charge.

She said :” How I am supposed to survive on this on this amount?
” I do have savings but do not know how long I will live for so do not wish to rely solely on this as I’m sure you can appreciate – I am only 64! “

“I am fortunate to have the support of my daughter and some savings but I ask you this for someone with nothing and all payments stopped immediately how would they now continue?
“I am very concerned for other people left in the same situation or worse off than myself.
” I do not like to complain, I have expressed my sincere gratitude to the hospital for their care and my daughters have raised nearly £3000 for them and the Hospice of the Good Shepherd in memory of my husband and in order to help them both at a difficult time.
I feel like a statistic, and this is not right. I am a person who also needs to survive”.

She said her situation would have far better if she had already got her pension as of right.

” I have supported BackTo60 for a long time and I feel it is disgusting that they changed the pension age without properly informing people. I have paid in since I was 15. We are entitled to that money and there should be full restitution.”

BackTo60 have just launched a £10,000 crowdfunder so they can keep the issue in the public eye right up until the judicial review appeal in July.

They intend to use the money for a film that will highlight how Covid-19 has made life worse for many 50s women already suffering in poverty and having difficulty making ends meet.

You can donate to the crowdfunder here. It is something that needs exposing.

Bonuses for Universal Credit bosses as record benefit errors and fraud revealed at the Department for Work and Pensions

The annual report that reveals the damning failures of the ministry to keep a grip on benefit and error fraud and the high pay and pensions of the people running the Universal Credit programme

Benefit error and fraud has reached record levels at the Department for Work and Pensions and it is going to get worse, according to its own figures released in its annual report for the last financial year.

 For the 30th year running the National Audit Office has qualified the ministry’s £86.6 billion benefit accounts because it considers them to be inaccurate

The most damning section of the report is on Universal Credit – whose current and previous directors – have just received bonus payments up to £15,000 each for their work.

The full story is on byline here.

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/

Ministry tells court 3.8 million 50s born women had no right or remedy to stop them losing their pensions

Crowds of BackTo60 and Waspi supporters outside the High Court celebrating the hearing today

The 3.8 million women born in the 1950s who lost lost billions of pounds by the raising of the pension age from 60 to 66 had no right to expect to be told about the changes to their pensions, lawyers for the Department of Work and Pensions told a judicial review today.

Sir James Eadie,QC,  on behalf of Amber Rudd, the current work and pensions secretary, argued that the women  had no legal remedy to get their money back because the judges hearing the case could not challenge the primary legislation which authorised the change. He said constitutional grounds prevented the judges challenging any major primary legislation passed by Parliament.

The full story is on Byline Times here.

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: 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.

 

Judicial Review of government’s handling of 50s women pension changes lodged at High Court

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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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Back to 60, the campaigning group  who are supported by 738,000 of the 3.9 million 50s women waiting up to six years to get their pensions, lodged a claim  at the High Court against the  Department for Work and Pensions yesterday.

This is the first stage of taking real action to put right the injustice suffered by the women ever since the government embarked on a policy of continually raising the pension age.  It will be followed by a High Court hearing where a judge will be asked to allow the review to go ahead. It is bound to be challenged by the government which is determined not to pay up but ministers will have to justify their actions.

Backto60 lodged the documents with only 48 hours to spare as the courts  start their  summer recess tomorrow and  the courts will not hear cases  until  after October 1.

The move is the culmination of action taken by the group which now involves support  on the issue from the Equality and Human Rights Commission, which intends to raise the issue at the United Nations, the Fawcett Society and  other ampaigners.

A legal statement from Binberg Peirce & Michael Mansfield QC reads:

“The basis of the legal challenge is that the pension policy implemented by successive governments in respect of women of a particular age group (those born in the 1950s) constitutes a gross injustice and is discriminatory.  The impact on the economic, social and mental well being of these women, who rightly enjoyed a perfectly legitimate expectation of satisfactory provision in retirement, has been devastating.

“The extent of individual distress and hardship is only now becoming evident through real stories of women around the UK. It is deeply ironic that all of this is done in the name of equalisation and equality, when the very means employed to achieve this are themselves discriminatory.

“It is intended that the current pension policy be subjected to both public and judicial scrutiny and, therefore, steps are now being taken towards mounting a judicial challenge.”

At the same time Stephen Lloyd, Liberal Democrat MP for Eastbourne, whose coalition government made matters worse for 50s women by backing an acceleration of the rise in pension ages, has finally got a meeting on behalf of Waspi with the Ombudsman to discuss whether there was maladministration in not informing women.

His comment is picked up by Frances Martin:

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The government is going to face challenges from all sides this autumn.