Exclusive: DWP paper says paying any maladministration compensation to 3.5 million 50s women is ” a major fraud risk”

Entire DWP submission to Ombudsman on women’s right to pension compensation leaked to this blog

All 3.5 million 50s born women including the six “test case” complainants should get no compensation because there has been no maladministration and no evidence of financial loss, the DWP has told Rob Behrens, the Parliamentary Ombudsman. Even if there were maladministration the submission says his report does not show “there was injustice as a consequence of that maladministration.”

Their 118 paragraph submission rejects his entire draft report and his modest proposal of £1000 compensation for the six test cases, which the department says is, anyway, too high.

The coruscating response to the Ombudsman in a document marked ” official sensitive” is highly critical of his findings, the campaign to get compensation by WASPI, and makes the extraordinary suggestion that many of the claims by women could turn out to be fraudulent.

The attitude of the officials to the claim explains the real reason why Mel Stride, the Work and Pensions Secretary, is against mediation as he is obviously being advised that the ministry has no case to answer and why the Ombudsman, who must be embarrassed by the language in the submission, has turned to Parliament as a last resort.

The findings must be a major blow to Angela Madden, the organiser for WASPI, who only last year claimed at the Labour Party Conference that the women would get £10,000 to £20,000 compensation from the ministry.

Much of the submission is devoted to the Ombudsman’s proposal that all the women who have similar circumstances must get similar compensation and fund set up to deal with the wider question of compensation for financial loss. This means that the department would have to examine each case in detail which , according to the paper , would mean employing 5,500 extra staff, and take away people from other work like paying people’s pensions on their retirement and awarding pension credit.

The submission says: “DWP would not have information on all 1950s-born women and we would have to source their information – for example, through HMRC. We would also need bank details in order to make an automated payment and these would be obtained through outreach and/or some way for citizens to provide their details. Such a scenario would take significant setting-up and would have wide ranging impacts on DWP’s other critical business, with likely costs of the digital aspects.” It says this would take 18 months to set up.

It is the fraud claim over financial losses that is most extraordinary.

The submission says: “We are concerned that the Ombudsman’s proposed recommendations would generate a major fraud risk and be hugely and disproportionately burdensome to implement.”

“… we expect that the existence of a scheme would result in many claimants endeavouring to provide such evidence. The Department would then have to try out many extensive and expensive investigations to decide whether the evidence was sufficient to prove financial loss. We expect that claimants will be
encouraged to make claims for financial loss and that template letters will be circulated to support such claims. The cost of living crisis may also drive increased volumes of claims.

“This seems to be an entirely unnecessary expense for the taxpayer given that the Ombudsman has found no sufficient evidence on the 6 sample cases, we found no sufficient evidence on the 10,000 cases, and we cannot see how sufficient evidence could be available.”

The submission does not even accept that that there was anything wrong with the ministry’s communication to 50swomen. The Ombudsman makes another modest proposal that officials report to him and the chairs of the work and pensions and public administration select committtees, Stephen Timms and William Wragg on what they have done six months after his report is published.

“”You have recommended that within 6 months of your final report we explain to you and the chairs of the WPSC and PACAC what we have done since these events happened or what we plan to do.

….”we do not agree to report to you and the chairs of the 2 committees within 6 months of your final report being published. Also, your findings relate to historic events. We are not clear on the benefit of
considering these events with the advantage of hindsight.”

I am not surprised this confidential submission was labelled ” sensitive”. It shows up the arrogant way officials behave towards 3.5 million elderly women, their disdain for remarkably modest proposals from the Ombudsman, dislike of organisations like Waspi for organising ” template letters” and a level of complacency they have in their administration of this vexed and prolonged process of raising the pension age. Their official attitude is little better than Boris Johnson’s quip during the Covid pandemic “let the elderly die”.

I have not bothered to either inform or contact the Ombudsman’s Office or the DWP on this leaked report as the Ombudsman is bound by law from commenting during an investigation and the DWP never comment on leaked documents.

Please donate to Westminster Confidential so I can continue exposing what is really going on in government.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Exclusive: 50swomen prepare to take the DWP to court again over failure to compensate them for lost pensions

Top human rights lawyer and a past president of the Law Society to draw up legal case strategy for 3.5 million women

John Cooper KC Pic credit: 25 Bedford Row Chambers

CEDAWinLaw, the successor body to BackTo60, announced today that it has started preparations to take the Department for Work and Pensions to court again.

The move will re-ignite the row over the long drawn out dispute over the failure by government to compensate or recognise the plight of 3.5 million women who had to wait an extra six years for their pension. At present progress on the dispute is stymied by the long time the Parliamentary Ombudsman is taking to decide how much compensation the women are entitled to and the scope of their complaints.

David Greene. Pic credit: Law Society Gazette

Mel Stride, the work and pensions secretary, and Laura Trott, the pensions minister have also blocked any discussion of mediation between CEDAWinLAW and the government hiding behind Robert Behrens, the Parliamentary Ombudsman’s protracted delay in reaching any decision on the issue. This particular claim by ministers is vigorously contested by Jocelynne Scutt, the Australian judge, who says both processes are separate and mediation is possible while the Ombudsman considers his report

In a statement today CEDAWinLAW said: “CEDAWinLAW has instructed John Cooper KC ‘Top Silk’ out of 25bedfordrow.com via David Greene, Senior Partner, edwincoe.com to represent all 1950’s Women in a Group Class Action against the Secretary of State for Work & Pensions out of The Judge’s Report which sets out in depth the way in which those affected have enforceable rights which have been breached.

We plan to initially raise £15,000 to determine a case strategy with Counsel to be published, in due course.”

John Cooper is one of the leading human rights lawyers, having been the lead prosecutor in the People’s Iran Tribunal in The Hague; a leading KC in the Manchester Arena bombings inquiry, numerous high profile murder trials and fraud cases and is described as the preferred KC for cases which challenge the Establishment.

He said today: “This is an important challenge for so many women in this country. The weight of the evidence indicates a grave injustice to them and we will robustly represent their interests as we move forward with the assistance of a first class legal team”

David Greene is regarded as an expert in bringing Class Actions for groups and cited as one of the best litigators in the City. He is a past President of the Law Society which represents solicitors.

Mel Stride, work and pensions secretary

The announcement today was made inevitable by Mel Stride, the works and pensions secretary, refusing any mediation talks. These had been offered by Garden Court Chambers and ministers initially decided to ignore the request only to find themselves under pressure by Garden Court Chambers to have to respond. as it is a recognised legal process. Once he had refused he opened himself up to potential legal action. The offer for mediation still stands.

The decision today is also a victory for CEDAWinLAW, whose predecessor BackTo60, were refused a hearing of their judicial review by the Supreme Court after initially winning a case to bring it in the lower courts.

Jocelynne Scutt

By doggedly pursuing the issue despite this setback they got Jocelynne Scutt, former anti discrimination commissioner in Tasmania and an Australian judge, to hold a people’s tribunal, assisted by Garden Court Chambers. Her findings produced in a report found that 50swomen had been the subject of direct discrimination contrary to international law under the UN Convention of the Elimination of all forms of Discrimination Against Women and Girls, ratified by Margaret Thatcher in 1986.

Despite attempts to pretend this was of no significance notably by Andrew Gwynne, MP who supports WASPI and is now a Labour shadow minister for social care, as just ” a personal view”, lawyers from three firms, Garden Court Chambers ( for mediation) ,25 Bedford Row, and Edwin Coe (for the class action) have decided that it presents an arguable case.

CEDAWinLAW is seeking to raise £15,000 to cover the development of a legal case strategy . Their website if you want to donate is here.

A decision to go back to the courts will present fresh problems for the DWP which thought it had seen the end of legal action after the judicial review was blocked by the Supreme Court. It could also present problems for the Ombudsman’s Office as Robert Behrens used the previous legal action to pause his investigation.

I have asked both to comment. The Parliamentary Ombudsman’s Office said “as far as we are aware no legal proceedings have been issued so no implications for our investigation.”

Please donate to Westminster Confidential to allow me to continue my exclusive reporting.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Ian Rothwell’s radio show: Interviews with Dr Jocelynne Scutt, myself and Kris Gibson

Featuring latest developments in the long running battle to put right the injustice to 3.5m 50sborn women who faced delayed pensions

Australian former anti discrimination commissioner and judge Dr Jocelynne Scutt

The CEDAWinLaw organisation, which backs full implementation of the UN Convention for ending all discrimination against women and girls, has put up links to the interviews this week on Salford City Radio’s Ian Rothwell show. These reveal the latest move towards getting mediation for the 50s women who faced a six year extra wait to get their pensions.

Mel Stride, the work and pensions secretary has refused any mediation so tougher action is being considered and legal advice has been sought. The link to the website is here.

Worth watching developments over the next coming weeks. Doesn’t look like anyone is going away. Meanwhile the number of 50swomen who have died without getting any compensation has reached over 300,000.

Please donate to Westminster Confidential to allow me to continue my detailed investigations.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Labour MP takes up scandal of the 9.8 million men who got free national insurance credits while women got nothing

Lloyd Russell – Moyle MP : Pic Credit: Labour South East

A Labour MP is challenging Mel Stride, the Work and Pensions Secretary, to ” correct the imbalance ” that allowed up to 9.8 million men to claim free national insurance contributions from the state while 50s born women were stopped from claiming anything.

He is the first MP to raise this issue, disclosed on this blog three years ago, directly with the Secretary of State. See here.

This huge subsidy only came to light when one of my readers ,Myfanwy Opeldus, one of 3.8 million women facing a six year delay to get her pension, got the admission from the ministry through a Freedom of Information request. three years ago.

Originally introduced in the 1980s by Margaret Thatcher and Sir Geoffrey Howe, the former Tory chancellor, to cut down the employment figures. men aged 60 got ” auto credits” – free national insurance payments- towards their state pension if they did not claim unemployment benefit.

Meant to be a temporary measure men could still claim this right up to 2018. Women born in the 1950s were promised to be able to claim this once the coalition government started raising the pension age from 60 to 66 but it was never implemented.

Mel Stride Works ands Pensions Secretary

The MP writes : “Recent revisions by the Department for Work and Pensions reveal that 9.8 million men received “auto credits” for pension eligibility—more than double the previously disclosed 4.65 million. This is particularly unsettling in comparison to the six-year pension delay faced by 1950s born women. The lack of transparency surrounding these payments for nearly four decades deepens these concerns. The timing of this disclosure, following a Court of Appeal hearing, underscores the need for prompt action. The substantial “auto credits” provided to men since 1983 to encourage male employment reveal an imbalance requiring correction.”

Mr Russell-Moyle is one of the MPs backing a bid to settle the long running disputed over compensation for the now 3.5 million women ( 300,000 have since died) by holding an alternative dispute resolution, hearing with the government. which is championed by Sir George Howarth, the Labour MP for Knowsley. This solution is being promoted by the CEDAWinLaw People’s Tribunal following a report by the former Australian anti discrimination commissioner, Dr Jocelynne Scutt, which says the UK broke international law by not compensating the women.

It is also a speedy way to resolve the problem compared to WASPI’s solution to get the Parliamentary Ombudsman, Rob Behrens, to recommend compensation which has been mired in delays and disputes for years.

This is the full test of his letter:

Please donate to Westminster Confidential to allow me to continue my in depth reporting.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£25.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

DWP in 2022: Record underpayments, record benefit fraud and deleted child benefit records

Last year I reported that the national audit office had qualified the Department for Work and Pensions accounts for the 34th year running because they were inaccurate and it couldn’t balance the books.

Auditor General threatens to refuse to pass pension accounts next year if DWP carries on like this

But this year the DWP has surpassed itself – it is now the 35th year that the DWP has had its accounts qualified.

Benefits overpaid officially fell a little from the pandemic year – £8.2 billion instead of £8.6 billion- but when you strip out the extra cost of living payments – they are much higher than the pre pandemic year of 2019 -£7.8 billion compared to £4.4 billion – a massive increase.

Most of the fall in the amount DWP overpaid benefits related to fraud in Universal Credit. The amount of Universal Credit that DWP overpaid fell from 14.7% (£5.9 billion) of expenditure in 2021-22 to 12.8% (£5.5 billion) in 2022-23. But again compared to the pre pandemic year of 2019 this was a rise.

DWP estimates that Universal Credit claims started after the COVID-19 peak (March to June 2020) were overpaid by 13.1% in 2022.This remains significantly higher than the 9.4% that it overpaid all Universal Credit claims in 2019-20.

The reduction is mainly due to a fall in the level of self employment claimants and the reintroduction of rules designed to prevent self employed claimants understating their income.

On average 33% of Universal Credit claims were incorrect in 2022-23,equivalent to 1.6 million claims. Most of these claims (24% of all Universal Credit claims) were overpaid.

The report says: “Around 40% of overpaid claims were to people with no entitlement to any payment at all, which is equivalent to 10% of all Universal Credit claims. Some of these were marginal cases where small amounts of undeclared income or claimant circumstances (such as attending hospital) made the whole claim invalid. However, some other claims were overpaid as much as £1,800 per month; some were completely fictional; and some related to serious and organised crime.”

Pensioners lost hundreds of millions of pounds in underpayments

The record underpayments of pensions and benefits topped £3.3 billion. A large number were caused by people claiming Personal Independence Payments who had not updated the DWP about their increased medical needs.

But it was pensioners who were cheated by the DWP into not receiving their full pension entitlements that is worrying the National Audit Office.

The report says: “The level of State Pension underpaid by DWP has been trending upward for six years to 0.6% (£670 million) in 2022-23. Most of these underpayments (£580 million) were a result of official error. DWP believes that part of the increase is due to changes in how it measures State Pension error and that its previous estimates may have been understated. This brings the total fraud and error rate for State Pension, including overpayments, to 0.7%.

I will keep the gross level of incorrect payments in State Pension under review and may have to include State Pension in my regularity qualification in future years if the estimated rate continues to rise.”

There is £1.2 billion owed to 165,000 married pensioners, widows and those over 80- all caused by official errors in the past. It will take until the end of 2024 before everyone is paid.

And now the DWP has discovered another 210,000 pensioners owed up to £1.5 billion because officials did not record their right to paid national insurance contributions while looking after children

The report says; “These issues affect people (mostly women)who received Child Benefit before 2000 and whose National Insurance record was not updated to reflect periods of HRP (Home Responsibilities Protection) they were entitled to. DWP cannot begin to correct cases until HM Revenue & Customs (HMRC), which administers both National Insurance and Child Benefit records, corrects the National Insurance records and notifies DWP.
“HMRC intends to begin work to identify people who may have missing HRP in autumn 2023 and will write to them to invite them to apply for missing periods of HRP to be added to their National Insurance record.”

However it turns out that HMRC have destroyed many of the people’s records.to meet Data Protection laws so it may not be able to find them.

Then there are 10 million people claiming Universal Credit have not been updated properly – a small proportion of these may have also been underpaid their State Pension. HMRC began correcting records in February 2023 and expects this work to be completed by the end of March 2024.

The report adds; “DWP has still to determine how many people have been underpaid and by how much they were underpaid. Of those missing the Universal Credit National Insurance credits, 137,000 have already reached State Pension age.

Roll call of this year’s DWP top officials and their bonuses and pensions

Meanwhile the DWP continues to pay out bonuses to senior staff. Peter Schofield, the permanent secretary, did not take a bonus this year and his pension payments were half last year’s at £16,000. His full package is £210,000 a year compared with £240,000 the previous year.

Neil Couling, the change director who is responsible for universal credit, got a £5000 bonus and had a £52,000 deduction in his pension pot, in a year when he presided over record fraud over universal credit.

Debbie Alder, director of people, got a £15,000 bonus, and put £59,000 into her pension pot, giving her a package worth £200,000 this year.

Jonathan Mills, responsible fo the Labour policy at the DWP, left in June with a £5000 bonus. He is now director of energy markets and supply at the Department for Energy Security.

Nick Joicey, director general of finance who earned £80,000 for five months is now chief operating officer and second permanent secretary of Defra. He is also the husband of Rachel Reeves, the shadow chancellor.

Simon McKinnon, director general and chief digital officer, who left in April 2023, Got a final year bonus of £15,000 and £62,000 in his pension pot, taking his final package to £240,000. He was responsible for reorganising the DWP’s system to bring it back in house.

Amanda Reynolds, director of service excellence, also got a £15,000 bonus and £61,000 into her pension pot, taking her package to £240,000 for providing what some claimants and pensioners would claim was hardly a first class service.

Katie Faringdon, director general for disability, health and pensions, got no bonus but had a £175,000 package including £44,000 into her pension. Over the last two years she has put pension benefits worth £131,000 into her personal pension fund. I am sure the millions of pensioners facing delayed pensions and still waiting to be reimbursed for mistakes by officials into their pensions will be pleased for her!

Please donate to Westminster Confidential to allow me to continue my forensic reporting.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£3.00
£9.00
£60.00
£3.00
£9.00
£60.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Will a DWP £1 billion digital “transformation plan” for health assessments of disabled benefit claimants be a new disaster?

The National Audit Office last week gave its verdict on plans by the Department for Work and Pensions to digitalise and transform all the health assessments of disabled people claiming benefit and Personal Independence Payments (PIP) by 2029 and raised serious concerns whether it would work..

This is not a minor matter for the disabled. Some 3.9 million working age people claim these benefits and those claiming both PIP and the Employment and Support Allowance have to pass two health assessments. By 2025-6 the number of claimants is estimated to rise to 5.8 million. Every year private contractors assess nearly two million people. There also has been a rise in people claiming ESA as a result of the pension age for women going up from 60 to 66 and for men from 65 to 66.

As usual this report appears to have had little coverage in the national media -despite the millions of people that will be affected.

High risk of delay, cost overruns without achieving benefits

Gareth Davies, the head of the NAO, said:

“While the Programme is ambitious and has the potential to make savings and improve the experience of those being assessed, the scale and complexity of the transformation leaves it at high risk of delay, cost overruns, and of not achieving the intended benefits.”

He called for the department to revise its business plan for the £1 billion scheme and for more transparency so that perhaps even MPs can understand its implications.

At present disabled people have to provide multiple documents and fill in long forms to claim and the system is unpopular. The new system will digitalise the process, cut out duplication but will still depend on private contractors assessing whether people are unfit enough to claim.

Therese Coffey, former DWP secretary of State

Appeals over claiming PIP are unnecessarily high with decisions by the private firms being overturned and there have been cases where people turned down for disabled benefits have died and the DWP under Therese Coffey covered up reports about this. See this report in the Disability News Service.

The transformation is going to take place alongside new five year contracts for three private companies, Capita. US company Maximus, and Australian firm Ingeus worth over £1.6 billion with an IT contract to Atos to provide the computer back up. Nearly all the companies (except Ingeus) have been linked to claimants deaths as an article in Disability News Service reveals.

Limited testing of system using state appointed medical advisers

At the same time there is going to be a limited state provided service in London and Birmingham where the DWP will employ medical assessors directly. The aim according to the NAO report is to ” test and learn ” the new system and pass on the information to the contractors.

The NAO is sceptical whether this twin approach will work in time for the national 2029 launch as the contracts awarded to these firms will not be flexible enough to make changes without no doubt further expensive negotiations.

One of the main aims of the scheme is to save public money through digitalisation and the DWP estimates a £2.6 billion saving up to 2035. One wonders though whether all the disabled people will be able to use computers to apply on line ( all PIP applications will be on line) eventually. Can they download apps etc and do they all possess smart phones?

Once again I am going to be sceptical about this – particularly after the NAO’s report on Making Tax Digital which it revealed has been subject to long delays and huge increases in costs. Given other areas I have covered in the DWP I have little confidence they can get things right.

Please donate to Westminster Confidential to allow me to continue my forensic reporting

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£3.00
£9.00
£60.00
£3.00
£9.00
£60.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Yet another pension scandal .. Tory government cheats 4000 scientists out of their pensions by giving misleading advice when their company was privatised

Their misleading advice has cost retired workers dear

The Commons Public Accounts Committee this week published a damning report on a long running pension scandal which has seen retired pensioners lose hundreds of thousands of pounds from their pension pots because of misleading official advice given to them 27 years ago.

The pensioners were all employees of the AEA Technology – the state owned commercial arm of the UK Atomic Energy Authority – which was privatised in 1996 by Sir John Major’s Tory government.

This sorry tale took place almost at the same time as the government had implemented the 1995 Pensions Act which raised the retirement pension for 1950s women from 60 to 65 and the DWP has been found guilty of partial maladministration by Rob Behrens, the Parliamentary Ombudsman.

The Tory government gave AEAT employees just one month to exit their contributory Whitehall pension scheme for a new one with the company taking over AEA. 90 per cent of the staff did.

Crucial to this rushed decision was an independent report by the Government Actuary’s Department which told all staff that the scheme was as good as remaining in the state scheme and might even be better.

What it failed to tell people was that if the company went bust or the pension scheme failed all the staff would lose their guaranteed protection of their pension savings that is provided by the government. It would be transferred to the Pension Protection Fund, lose all their inflation protection up to 1997, and they would live for the rest of their lives with only a 2.5 pc annual increase in their pension.

Government Actuary’s report was secretly changed by UKAEA lobbying

According to the written evidence from an ex employee David Roberts, a freedom of information request has revealed that this ” independent” report was tampered with by AEAT and the UKAEA behind the scenes. They got it rewritten because it was not persuasive enough to get people to quit the government scheme .

He wrote:” The sections which have caused the complaints were significantly changed as the result of a telephone conversation between UKAEA and GAD on 5/11/1996. “

GAD also failed to undertake a risk assessment about the switch.

In 2012 AEAT which had already cut funding to the pension scheme went into administration. The company was bought by Ricardo, an American firm, who immediately divested all its nuclear work .Its headquarters of a new firm are now in California.

One would have thought they sacked employees could get redress but for the last 11 years they have got nowhere.

They are barred from complaining to either the Parliamentary Ombudsman or the Pensions Ombudsman.

Current legislation bars the Parliamentary Ombudsman from looking into case involving private pensions – and the government has just told the Commons Public Administration Committee there is no priority to change the law.

The case could come under the Pensions Ombudsman but there is a 15 year cut off point from when the event happened which blocks him from awarding any compensation.

Nobody in government takes responsibility

As the PAC report says:

“Nobody in government has taken overall responsibility for the case. There has been no independent review because the relevant ombudsman services have said they cannot investigate the information given to members in 1996, clearly highlighting that there are gaps in the routes of appeal people have for complaints about their pensions.”

The response from government since 2012 has been appalling. The DWP not only did not help but confused the issue. The report says: “In July 2013, DWP produced a factsheet summarising the complaints government had received and a response to each on behalf of the government. In February 2014, it then sent scheme members a further letter explaining that it was not responsible for the case.”

But it didn’t tell them who was and it turned out to be the Cabinet Office.

Sir Steve Webb- declined to help as pensions minister

Ministers were no better. Sir Steve Webb, then the Liberal Democrat pensions minister, would not intervene to change any rules to help the pensioners -saying if AEA Technology rules were changed it would affect other government services that had been privatised citing the BT pension scheme. He was actually wrong in this case, it is protected should BT go bust.

Two MPs tried to use private members bills to rectify the situation by changing the Ombudsman’s powers – but they were blocked by the Conservative government.

The government has escaped responsibility by never setting up an independent review of what happened and the Government Actuary’s Department has tried to avoid censure by saying their report was not the main reason why people switched their pension. This is contradicted by the employees who gave written evidence to the PAC.

people abandoned by an uncaring state

The whole saga is simply part and parcel of a government that cares little for the welfare of the ordinary citizen and tries to evade responsibility for its errors. Meanwhile people – who contributed to their pension and even put extra contributions to increase it – are just abandoned by an uncaring state. One person lost 40 per cent of their pension and all are affected by the cost of living crisis since they are not protected by the huge rise in annual inflation by the Pension Protection Fund.

Please donate to Westminster Confidential to allow me to continue my forensic investigations

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£3.00
£9.00
£60.00
£3.00
£9.00
£60.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

The growing scandal of the multi billion pound payments owed to pensioners and claimants by the DWP

Readers of my blog will be familiar with the scandalous story of the billions owed to 50s born women who both suffered maladministration and direct discrimination over the raising of the pension age from 60 to 66.

But what has emerged over the past year appears to show that this is part of a pattern where pensioners and disabled people are frankly swindled out of their money by the incompetence, maladministration and meanness of top management and politicians who run the Department for Work and Pensions.

Far from the 50swomen being an isolated case where mistakes were made those at the top of the DWP administration appear to have a playbook to deprive people of their rightful pensions and benefits, especially if they happen to be women. Nearly all the cases hit women much worse than men and as I have highlighted before – men have had privileges denied to women – such as the long running auto enrolment scheme that allowed men to have their national insurance contributions paid by the state from 60 to 65 while denying women any such privileges.

One of the worse cases which saved the state billions was a decision not to pay out extra pensions to people whose firms had contracted them out of Serps – an old style second pension- so they lost out of a Guaranteed Minimum Pension still payable in the public sector. A lot will have been women

The blog I wrote on this – despite being fiendishly complicated to explain- attracted over 15,000 hits – yet only two people got any compensation as the DWP made it difficult to claim.

Time to sign this petition

Christopher Thompson, a retired expert on this, has put up a petition to Parliament to protest about this and restore the indexation, but sadly only 311 people have signed. If everybody who read the blog signed it it would force the government to have to explain to Parliament why they did it. So please sign if you can.

Then there was the case of 237,000 pensioners – again a lot of them women – cheated out of £1.46 billion from their pensions – by miscalculations by the ministry raised by former pensions minister, Sir Steve Webb. The department is slowly trying reimburse them – some have decades of extra pension owed -but it will take at least to 2024 before it is completed.

Now Sir Steve has found another scandal which only affects women who should have received credits for looking after children from the late 70s. He has launched a campaign Mothers Missing Millions to try and get women’s pensions raised to make up the money – in one case a women was not credited with 14 years contributions.

And you have to add the scandal of the 118,000 disabled people put on a lower rather than benefit rate where the ministry has declined to compensate them – only giving money to the one person who complained to the Parliamentary Ombudsman. Even the Ombudsman has been silenced by the ministry who refuse to budge on this issue -leaving him appealling to MPs for help.

Time for an inquiry into the running of the DWP

What I am saying here is if you put all these cases together it is quite clear there is a pattern of underpayment and maladministration where the department do their best to avoid doing anything about it. It is without doubt discriminatory against women and suggests that ministers don’t want to pay them.

It is time women pressed all MPs to take up these issues. There is a strong case for an inquiry into the running of the DWP – there are too many cases for this to be just a coincidence.

Please donate to Westminster Confidential to allow me to continue my investigative work

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£3.00
£9.00
£60.00
£3.00
£9.00
£60.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Parliamentary Ombudsman’s plea to MPs to summon the DWP and the Environment Agency for failing to compensate people

Amanda Amroliwala chief executive of the PHSO

Rob Behrens, the Parliamentary Ombudsman, has asked the Commons Public Administration and Constitutional Affairs Committee (PACAC) to intervene on his behalf and summon the heads of the Department for Work and Pensions and the Environment Agency to appear before them to explain why they are ignoring his findings and refusing to compensate people.

The plea came during a hearing of the committee last week to examine the organisation’s progress and future plans to handle complaints. The committee also heard how the Ombudsman was hamstrung by the failure of the Cabinet Office to pass new legislation to give him greater powers and the latest progress in the 50swomen maladministration claim. More about this below. All these issues highlight weaknesses I have raised in previous blogs.

The DWP case involves 118,000 disabled people who suffered from years of benefit maladminstration . I wrote about this in August- see here. The complaint came from Ms U – via the London borough of Greenwich welfare rights office- who was put in the wrong lower category of the employment support allowance despite being in very poor physical and mental health with little or no savings The Ombudsman ordered the Department to pay her £7500 compensation and five years of arrears totalling £19,832.55 plus interest.

A National Audit Office investigation found that 118,000 people were in the same boat and should have been compensated alongside her following the Ombudsman’s ruling. But the DWP decided only to pay her and ignored everyone else. The pay out would have run to millions of pounds and the DWP decided it would ignore the Ombudsman because legally they can.

The second case involves one family but it is one of the most egregious cases I have heard in Whitehall. The case has been going on for 12 years and involves admitted maladministration by the Environment Agency over the issue of a water licence for a micro hydro project in Bradford on Avon, Wiltshire. The Earl family who renovated a tumbledown watermill to use for the scheme was supposed to receive substantial compensation decided by an independent assessor appointed by the Environment Agency. who bungled their case. The money owing could amount to £3m as interest has piled up and the EA has refused to follow through the Ombudsman’s finding for years.

John McDonnell MP

MPs also raised the issue of the Ombudsman’s lack of powers. John McDonnell, the former shadow chancellor and a Labour member of the committee, has tabled a question to the Cabinet Office asking why they have not introduced legislation to do this. The issue is raised in an earlier blog here.

Mr McDonnell asked Robert Behrens:”Can you explain the practical implications of the Government’s lack of support for legislative reform? How does that hold you back from adhering to the Venice principles, which the Government have signed up to ?”

He told him: “Two of my counterparts have the power of own-initiative investigation. In cases like Windrush, the maternity scandal in hospitals or the issues with mental health, we could go out and look at an issue without it being complained about. We could resolve that issue before it went to a long-standing independent or public inquiry. The peer review panel said that other ombudsman schemes in Europe use that and have used it in Covid to good effect.”

He went on: “If you have 16 public service ombudsmen in the United Kingdom, it means that people do not know where to go. It means the profile of my office and other offices is lower than it would otherwise be. That is not satisfactory in terms of being the only organisation in the public service that provides redress free of charge to citizens. That is very important.”

He added that he saw no reason why a government could not introduce a bill to do all this straight after the next general election.

MPs Question chief executive on 50swomen pension investigation

Amanda Amroliwala, chief executive of the Parliamentary Ombudsman, was closely questioned by three MPs, Ronnie Cowan, SNP, John McDonnell and Lloyd Russell-Moyle, both Labour, on the maladministration complaints over the delay in paying 3.6 million 1950s born women.

On Stage 2 of the report, which has already been leaked on this website see here, she said: “We have not
finalised that stage of the report yet. We are in the process of receiving and analysing the very extensive comments that we have had from the Department and from the complainants who have brought the complaints to us”

RONNIE Cowan, SNP MP for Inverclyde

Under further questioning she added: “We are looking at how those will need to change the
provisional views that are not yet public but that some individuals have had sight of. We will do that as soon as possible.” She would not commit a date for this report and the proposed remedy will be published except ” hopefully” between January and March next year. She was also quizzed on the level of compensation. Ronnie Cowan pointed out it could be anything from nothing to £10,000 but if it was maladministration only the top level was much less than £10,000 .She would not be drawn on how much this is likely to be.

John McDonnell reflected the frustration among MPs about the long delay in the Ombudsman producing a final report. “You can understand the scale of interest and concern there is amongst Members of Parliament. You will have seen that from the early-day motions. There is not an MP without a constituent who has been affected. The concern that people have is because of the age of many of our constituents. Some of them have already passed away. Others may not be here to receive any form of redress, if we delay beyond the next quarter of next year.”

There is another elephant in the room that was not discussed. If the DWP is refusing to pay 118,000 benefit claimants their compensation, why should they pay any of the 3.6 million 50swomen a penny beyond the six test cases who complained?

Please donate to Westminster Confidential to allow me to continue my reporting.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£3.00
£9.00
£60.00
£3.00
£9.00
£60.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

please donate to Westminster Confidential

£10.00

Cheated Again! MPs blast Department for Work and Pensions for not acting fast enough to reimburse £1.46 billion to pensioners

The DWP is attacked today by MPs on the powerful Commons Public Accounts Committee for not having a credible plan to reimburse hundred of thousands of pensioners who have been shortchanged billions of pounds in pension payments.

The scheme is the only programme where the DWP admits it has made gigantic mistakes by underpaying pensioners and is committed to return the money owed to them. It is obvious at the moment that ministers and civil servants have no intention of reimbursing people who have been denied a guaranteed minimum pension when they were contracted out by their employer.

Nor do they appear to be remotely interested in compensating the 1950s women who lost six years of their pensions despite it being clear that the Parliamentary Ombudsman, Robert Behrens, has found maladministration in not telling the women properly about it, let alone even considering whether women were unfairly discriminated by the decision. The fact that not a single minister has talked to anybody about 50swomen since 2016 speaks volumes.

What is clear from a report by the MPs ( which also tackles benefit fraud) is that they are distinctly unimpressed by the DWP’s handling of this despite assurances from Peter Schofield, the permanent secretary, at the department during a committee hearing earlier this year.

Peter Schofield Pic credit: gov.uk

The Department’s efforts to correct the systemic underpayment of State Pension are too slow to meaningfully put things right. The Department now estimates that 237,000 pensioners have been underpaid a total of £1.46 billion in their State Pension.
“Despite these underpayments going back as far as 1985, the Department’s overall exercise to correct this issue is delayed from the end of 2023 to the end of 2024. The Department cannot be certain that its plan to deliver the exercise on schedule is achievable, as it is dependent on assumptions around recruitment, retraining, and automation.

“We are not convinced that the Department has done enough to ensure its communications to potentially affected pensioners are sufficiently clear. We are concerned that this may leave many pensioners lacking reassurance that they will receive meaningful and timely redress.

We remain unconvinced about the DWP – MPs.

“The Department does not yet know the full extent of the underpayment relating to Home Responsibilities Protection, and it is dependent on HMRC to evaluate the impact of these underpayments on pensioners. The Department cannot be certain that it has identified all the underpayments implied by the results of its annual measurement exercise. Overall, we remain unconvinced that the Department’s control systems are adequate to detect further underpayments before they build up into major issues in future.”
Sounds familiar. Anyone trying to ring the department already knows what lousy communicators the ministry is- that is, if you can get through to them..

And it looks like there is worse to come. The report said:

“The NAO [National Audit Office] reported that the Department cannot rule out that there may be further groups of pensioners, as yet unidentified, that have been affected by a historic underpayment.
It concluded that this was in large part because the Department had not set out plans to revise its control processes for State Pension cases to ensure that underpayments are detected and recorded at the point of payment.”

Yet again through delays and failure to get a grip pensioners are being cheated of their rightful dues and many may die before they receive them. Is there no part of the DWP that can function correctly?

Please donate to Westminster Confidential so I can continue my forensic reporting.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£3.00
£9.00
£60.00
£3.00
£9.00
£60.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00