Rip off: DWP to take no further action to compensate millions who lost thousands of pounds of extra pensions

Peter Schofield,permanent secretary at the Department for Work and Pensions

Those following the highly complicated story of the estimated 11 million who have lost extra pension payments because they are no longer entitled to a guaranteed minimum pension uprating every year after the new state pension was introduced in 2016 have received a further blow.

Despite further pressure for an explanation from the House of Commons Works and Pensions Committee Peter Schofield, permanent secretary at the DWP, has ruled that no further action to inform people is necessary.

The people affected were a large but distinct group. They were  people who were contracted out of SERPS by their employer but were told they would receive an index linked guaranteed minimum pension. This arrangement was scrapped when the new state pension was introduced in 2016 for anyone in the private sector – but remains for public sector workers.

The money they have lost is anything from a few pounds a week to tens of thousands of pounds over the lifetime of their pension. This decision was never debated in Parliament or included in the Pensions White Paper. Just as with the 50swomen and divorcees, women are the most affected.

Two people complained to the Parliamentary Ombudsman and won £1250 compensation between them for maladministration. Given the numbers involved you would have thought many more would have got compensation. In fact no one else has.

This is not surprising given the DWP ignored the remedy the Ombudsman suggested and put out a factsheet on their site without even an accompanying press release to say it had done it. The factsheet can be found here.

The Commons Work and Pensions Committee took it up with Peter Schofield, the DWP’s permanent secretary, and pressed for an explanation. The MPs have now got it.

The reply from Peter Schofield is here. He explains the factsheet was deliberately tested on people who did not know anything about pensions to prevent bias and 6,922 had viewed it. He claims that 57 per cent of people who saw it said it was ” useful”. Presumably 43 per cent thought it wasn’t.

Just five people put in a claim and none got it

When it comes to inquiries triggered by the website you can count them on one hand. Just five people, none of them eligible.

The DWP explanation why they believe this does not matter is to say the least interesting. He claims that the transitional arrangements for the new pension mean that someone could gain an extra £38.42 a week -presumably referring to the triple lock.

But the triple lock refers to everybody’s pension – it is not just for those who were contracted out. Also it is not a triple lock at the moment – as 12 million pensioners have lost out by not including the higher rise in earnings. And I notice Rishi Sunak, the Chancellor, did NOT reaffirm it was coming back for next year’s pension rise at the recent spring statement. In fact he didn’t mention pensioners at all.

A DWP spokesperson said in response to my story:

“We encourage anyone who is concerned to read the online factsheet and contact us if they think they have been affected.

“The publication of the factsheet is the final step in the Department meeting the Ombudsman’s recommendations on this issue.”

All this to me has wider implications -particularly for the 50swomen still hoping for compensation via the Ombudsman route. The exercise on GMP pensioners resulted in victory for the two complainants who proved there had been maladministration. But not one other person got any money – a complete failure for the Ombudsman.

Bad news for the 50swomen wanting pension compensation

It would be like the six 50swomen complainants over maladministration getting compensation but the DWP devising a way of ensuring the rest of the 3.8 million get nothing.

There has been much talk from some MPs and campaigning groups claiming the women are entitled to £10,000 or payments of up to £20,000. At the moment that is just wishful thinking because it depends on the willingness of the DWP to pay out. The case illustrated by those entitled to compensation for losing their GMP indexation shows the DWP has no intention of doing so if it can get away with it.

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Delays, miscalculations and unanswered calls: How the DWP is cheating first time pensioners

Chaos inside the Department for Work and Pensions

As 1950s born women finally get their first pension at the age of 66 a new problem is emerging.

The chaos inside the DWP , which is coping both with new applications for pensions and having to pay back over 100,000 people who it cheated out of their pension in the past, has now spread to first time pensioners. As already revealed by this blog the DWP has secretly put through a ” drop and go” scheme and decided to prioritise simple cases – nearly always men – over complicated ones, such as widows entitled to past Serps payments to their husband’s pension and divorced women.

As a result the pension help line can’t cope, staff handling cases have not been properly briefed, and barely properly trained. People are starting to wait months beyond the due date when they get their pension. And when they get it the calculations can be wrong.

Pauline Hinder

To illustrate this scandal one of my blog readers, Pauline Hinder, a 1950s born woman, who has kept meticulous records of her pension entitlement, and is a supporter of BackTo60, kept a diary of her trials and tribulations with the Department for Work and Pensions in trying to get her correct pension.

The story does have a happy ending but only because a former Liberal Democrat pensions minister, Sir Steve Webb, intervened on her behalf. Until then she was at a dead end.

DWP’s pension estimate was less than half Pauline was entitled

If that hadn’t happened she would have lost tens of thousands of pounds over the lifetime of her pension. They offered her a pension of just under £69 a week. Her real pension entitlement was £141.84 a week -more than DOUBLE the money they offered her.

Unlike many people she had records which could prove what they should pay her. But getting through to the DWP proved impossible.

As her diary reveals : “

 “rang  08007310469 opt 2 then opt 4then opt 2 

Spoke to Lee 10.20 He said I had to ring  08007317898 ‘new claim’ option – even though I’ve already made my claim!

Rang 08007317898 New claim opt 2 Then Hold for advisor

“Spoke to a polite man Anthony He was working from home ..but saw they’d received my letter of 6 pages of evidence to prove my entitlement was double their official pension quote yet couldn’t say when they’d received it. He said he’d flag it up to check but it would take 4 weeks…..I asked when 4 weeks started – he said today!  

“I said no!  Unacceptable – I’d phoned and written early in January and it was a 6 week response time then..

“I insisted a manager call me back  I explained that the DWP had already underpaid a raft of earlier womens’ pensions and made amends/still making, without interest or compensation.  Have they learned nothing – or are they committing corporate fraud as they are now repeating the same mistakes with a new generation of applicants. 

” He was polite but batting me off with hogwash”

“He requested a callback within 24 hours for me. He was polite but batting me off with hogwash about no one to speak to, no supervisor blah blah. ..but he did put me on hold for a couple of minutes so I guess he was contacting someone from his home.  “

As she says: “The DWP telephone line was useless….working from home, no managers, no access to screens telling them where matters were at.  I sent all copies of my historical records supporting my correct position and their error in January and to date I have had no acknowledgement of that correspondence receipt but I know they’ve had it because I asked in one of the several pension helpline calls I made!  The last helpline call I made I insisted a manager called. 

” They called about an hour later but I think I was dog walking and missed the call. You can phone the number but it has a pre-recorded message saying they wanted to speak to me but they’ll call if they need to.  They didn’t call again….”

Former pensions minister Sir Steve Webb intervention meant it was sorted in 24 hours

In desperation she turned to Sir Steve Webb, the former pensions minister in the coalition government.

He intervened by calling the DWP on her behalf.

Sir Steve went to a Pensions Customer Care Manager called David at the DWP.  He was very helpful and genuinely empathetic. 

 Sir Steve was involved and job done in under 24 hours.  Written apology in 48 hours and revised pension award in 72 hours.  

An apology from the DWP showing the right pension

Sir Steve told me: “I’ve generally tried to help a small number of existing and new state pension recipients where they have got stuck on a complex issue or where there appears to be an unresolved underpayment.

“In Mrs Hinder’s case she had clearly understood the rules and spotted when a more recent state pension forecast (and award) was far below the correct amount.   I passed her details on to DWP who quickly accepted that an error had been made.

“I do remain concerned that despite all the focus on historic state pension errors, errors are still being made on new claims.   Whilst Mrs Hinder’s case relates to quite a narrow and specific issue (a special concession for women who paid the ‘reduced stamp’) a more common error I still come across is newly retired widows who are not getting the inherited SERPS they are due from a late husband on top of their own new state pension   It’s a trickle rather than a flood, but, as we know, only a small percentage of a very big number is a lot of individual cases.”

My take on this is that Pauline Hinder showed amazing initiative and finally got her pension. But Sir Steve Webb cannot be expected to intervene in every case as he wouldn’t have time to do his day job. What we need is proper system with enough trained staff to do the job. It is quite clear we haven’t got one and ministers are to blame, They should sort it.

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Exclusive: Don’t call us, we’ll call you – the shambles inside the DWP as it struggles to cope with the pension underpayment crisis

Internal documents and screenshots reveal staff instructed to halt calls from worried pensioners and avoid complex cases to boost numbers

The Department for Work and Pensions is telling the public that it has set up well trained specialist teams to pay out up to £1 billion owed to at least 135,000 pensioners after huge underpayments were uncovered.

The real picture is one of overworked staff desperately trying to calculate with outdated computers how much money people will get while creating a knock on effect for new people applying for their first pension.

Now documents and screen shots seen by this blog reveal that staff have been instructed to ” close calls” from pensioners if they don’t fit the profile and even drop investigating complex claims for simpler ones to artificially boost the number being helped.

A new telephone message has been put on the pension helpline telling people NOT to call them and wait to be contacted instead. ” please be patient as this may take us some time.” Sometime in the worst case scenario could be December 2023. And for people who may not have long to live that is bad news. Note also it blames media coverage for the volume of calls.

Document showing the telephone message
Document showing when staff are instructed to end the call. But if someone insists they want to give them the information they have to take it down. It also shows that none of the staff can tell people hen they will get an answer and they are told not to call back. At least the ministry admits it has a large volume of calls.

Yesterday the Department launched from Newcastle-upon-Tyne its SP [state pension] Challenge – a slick management exercise to try and instill team work among thousands of staff who are trying to cope.

Screenshot showing management in difficulty with old computers in tracing pension cases

However some of the screenshots reveal how management haven’t necessary got all the information because of outdated computers.

Probably the worst example of the problems they face is the ” drop and go ” policy – where staff to boost numbers are told to abandon the case and find another simpler one. This was used during the challenge yesterday.

How they were prioritising “easy” cases to build up numbers

The official response which I got before I saw these documents is:

“Resolving the historical State Pension underpayments that have been made by successive governments is a priority for the Department and we are committed to doing so as quickly as possible.

“We have set up a dedicated team and devoted significant resources to processing outstanding cases, and have introduced new quality control processes and improved training to help ensure this does not happen again. Those affected will be contacted by us to ensure they receive all that they are owed.”

The DWP will have to respond soon to the House of Commons Public Accounts Committee which has already called out the whole process as a shambles. It will make interesting reading to see how top officials and ministers spin their replies. Whatever they say the situation can’t be good if the ministry continues to emphasise it doesn’t want people to ring them.

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Exclusive: The great DWP rip off – Not one person out of a potential 11 million has won compensation for losing thousands of pounds of extra pension

Peter Schofield, DWP permanent secretary Pic credit: gov.uk

Those who follow my blog may remember I have been highlighting a horrendously complicated story of the plight of people who contracted out of SERPS but were told they would receive an index linked guaranteed minimum pension. This arrangement was scrapped when the new state pension was introduced in 2016 for anyone in the private sector – but remains for public sector workers.

This decision was never debated in Parliament or included in the Pensions White Paper and has meant the government got away with not paying out anything from a £1000 to tens of thousands of pounds over the lifetime of their pension, depending on how long they were contracted out by their employer from the old SERPS scheme. The numbers could be as high as 11 million and women would be the worst affected.

Rob Behrens Parliamentary Ombudsman

The Parliamentary Ombudsman, Robert Behrens, was asked to investigate and concluded that there had been maladministration and two people shared £1250 compensation. Unlike the row over the 50s and 60s born women who lost out by not being informed by the government over the rise in their pension age, no record exists, as far as I can find out, of the ministry repealing this provision in the 2014 Pensions Act.

In September 2019 the Ombudsman gave the ministry three months to sort out this issue. He asked the ministry to “review and report back on to us on the learning from this investigation, including action being taken to ensure that affected individuals receive appropriate communication from the DWP about their state pensions. “

The DWP ignored the Ombudsman’s request and only last August -in the middle of the summer recess – put up a fact sheet to inform people. There is no reference to the Ombudsman’s report, and the fact that people could be entitled to compensation. There is no mechanism for people to apply for the compensation and the notice was not even accompanied by a press release. The figures used to say how much people underplayed what people lost. And the Ombudsman wimped out of pressing the government to do anything.

Stephen Timms MP, took up the case and sought answers from the DWP

Now this month the results of these devious ploys have been revealed in a letter to the Commons Work and Pensions Committee after Stephen Timms, its chairman, took up their cause.

Not ONE person in the UK has received any compensation and only four people have written to the Department about it. None of the four were entitled to extra money. Given the deliberately obscure way the fact sheet was constructed and the lack of a mechanism to apply for compensation – it is hardly surprising. The Department is also insisting that these people are better off- because the triple now double lock – has given them more money. But that is a universal payment and pales into insignificance when you think of thousands of pounds many of the people have lost.

I expect Therese Coffey, the Secretary of State and Guy Opperman, the pensions minister, were probably holding a joint celebratory karaoke session in their offices – as they had avoided paying out an extra penny to the people they had deprived of compensation.

Therese Coffey, Secretary of State Pic credit: Twitter

The level of deception was heinous given that Chris Thompson, a reader who has enormous knowledge about GMP, had put in a freedom of information request to find out how many people had contacted the DWP to request compensation. He was told it was ” too expensive ” to give him the information. What mendacity by officials, how expensive is it to tell them that nobody got it and just four applied.

This sorry tale bodes ill for the 50swomen who are fighting for compensation for a similar pension maladministration – it is obvious that officials and ministers in this case have perfected a procedure to be as obscure as possible and not create any mechanism to claim compensation. Also they can’t rely on the Ombudsman to stick by them – in this case he wimped out and didn’t even hold the DWP to the fire to do what he asked them.

This is yet another example of a ministry that has no interest in justice and can rely on bamboozling the public and fake excuses for not replying to freedom of information requests.

Peter Schofield, permanent secretary at the DWP, has promised a review of the fact sheet now. I am not holding my breath.

The letter – the horrendous disclosure is at the bottom

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

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

Happy New Year to all my readers and followers.

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

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

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

CEDAW tribunal last year attracted a lot of interest

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

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

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

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

Rob Behrens – Parliamentary Ombudsman. His report findings leaked.

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

More next year on Whistleblowers

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

Global reach of the blog

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

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

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Treasury to save hundreds of millions as DWP scheme to help the young get jobs misses target

This blog often criticises the Department of Work and Pensions for its treatment of pensioners and the disabled. The ministry often responds by saying it is balancing this by helping young people. So how well is it doing on that front?

Not very well according to a National Audit Office report published today. It looks into the running of the Kickstart programme – a jobs programme aimed to take young people aged 16 to 24 off Universal Credit and into work. It has the laudable aim of getting the most unemployable youngsters into a job and off benefit.

Launched in September last year with the aim of helping 250,000 young people and employers get £1500 a person to help them run the scheme and pay the young the minimum wage. Some £1.9 billion was allocated by the Treasury to do the job.

The target was to reach this number by the end of this year. Instead the NAO reveals it has been extended to next March and will only help 168,000 of them. The target was hindered by the double whammy of the pandemic. As the report said; ” Repeated lockdowns meant many of the young people who started to claim Universal Credit at the start of the pandemic were on Universal Credit for over a year before the scheme could get going at scale. As the programme did begin to scale up, the economy was reopening, which increased the risk of government subsidising jobs that would have been created anyway. “

The government’s logo for the scheme

Indeed this was not the only target missed. It was aimed at whose who would find it difficult to get jobs, yet anybody aged 16 to 24 could get a place. The ministry didn’t evaluate what sort of jobs the young people got and whether it was good value for money . It didn’t entirely help the ” levelling up ” process either. The largest number of jobs created were in central London though including poor boroughs like Tower Hamlets and Lambeth. One area in the North East did get a good share but job offers were sparse in rural areas notably Lincolnshire, Cumbria, Norfolk, Powys and the Scottish borders.

The largest number of jobs offered were in admin, the desperate hospitality sector and the retail trade. The lowest number of placements were with law firms, transport operators, animal welfare and beauty treatments.

Firms caught cheating the young

Where company checks were made by local DWP managers there was a disturbing number of firms caught cheating the young by not paying them or putting their health and safety at risk. The report found “As at 20 October 2021, the Department had made 30 decisions to cap an employer or Gateway’s grant, [ limit the numbers a firm could employ]and 165 further decisions to end a grant agreement, including 105 decisions to remove an employer from a grant agreement with a Gateway.”

The DWP did not investigate whether the jobs would be filled anyway without the scheme either.

The result is that by no means all the £1.9 billion allocated by the Treasury will be spent and it is not known whether the rest has been spent wisely.

To be fair to DWP staff the report says the work coaches employed to help young people were enthusiastic about getting young people into work. It notes one or two individual successes including a young person with a criminal record and a drugs problem, getting a job and another unconfident young person getting an enjoyable job..

The report said: “When a Kickstart vacancy in dog daycare came up they wanted to apply, but lacked confidence in their application. Following discussion with their work coach they volunteered for an online course on animal care, after which they were successful in their job interview. Their work coach reports they are really enjoying their job, and would not have succeeded in getting it without Kickstart.”
The NAO praises the DWP for getting the Kickstart programmer off the ground but is not happy aboujt the evaluation of the project by the ministry.

Gareth Davies, head of the NAO

Gareth Davies, the head of the NAO, said:

“At the start of the pandemic, DWP acted quickly to set up Kickstart to help young people into work when youth unemployment was predicted to rise significantly.

“However, DWP has limited assurance that Kickstart is having the positive impact intended. It does not know whether the jobs created are of high quality or whether they would have existed without the scheme. It could also do more to ensure the scheme is targeted at those who need it the most.”

A similar view is expressed by Meg Hillier, the Labour chair of the Commons Public Accounts Committee.

So once again a good idea is spoiled by a ministry that does not evaluate whether its programme – one of the most expensive run by the department costing around £7,000 per participant,- is doing its job.

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Exclusive: Benefits watchdog wants tougher punishment for jobless and disabled claimants after DWP bungles new sanctions system

New sanctions to be imposed in Jobcentres

From November 3 the Department for Work and Pensions introduced a new tough regime for people claiming the new Jobseekers Allowance and the Employment and Support Allowance. They will like those already on Universal Credit have to sign up to a ” claimant commitment ” to undertake whatever work coaches at the DWP demand from them to get a job, Failure to do so leads to a rising number of financial penalties ultimately leading to the withdrawal of all benefits.

The new regulations like the ones dealing with domestic abuse should have been scrutinised by Parliament but the main body that vets them is the little known Social Security Advisory Committee,(SSAC) a watchdog which is expected to see whether the benefit regime is fair and equitable.

Minutes and correspondence released by SSAC show that it has been doing its job since September and is currently involved in discussing the new regulations with Mims Davies, the employment minister.

Mim Davies, Parliamentary undersecretary at the Department for Work and Pensions

But people might be surprised to know that SSAC’s main focus has been on increasing the penalties on claimants rather than reducing them.

The reason is that the watchdog spotted that the tabled regulations had a big loophole which, in their view, made them less effective. The hideously complicated benefit system means that there are people who claim both Universal Credit and Jobseekers Allowance or the Employment and Support Allowance. Where they claim both the new regulations say only one penalty can apply on Universal Credit alone – and the Jobseekers Allowance and the Employment and Support Allowance remain untouched.

SSAC want the penalties to apply to both.

Dr Stephen Brien

Dr Stephen Brien, the chair of SSAC wrote to the minister: “in circumstances where the value of UC element of the benefit was lower than the sanctioned amount, the claimant would be in a more favourable position than a claimant solely in receipt of either UC or a new style benefit who would be impacted by the full force of the sanction. As it is possible that the UC element of a dual claim
could be zero, this presents a significant inconsistency.”

He went on: ” the Committee is of the strong view that this inconsistency be reviewed and addressed at the earliest opportunity.” The ministry went ahead with regulations as they stand and is still discussing what it should do while it looks at the effectiveness of the new sanctions.

Since the sanctions system depends on the views of the DWP work coach it looks like the fate of many claimants will decided by individual civil servants. Now it so happens that SSAC has done some serious work on the ” claimant commitment ” rules under Universal Credit which decide whether sanctions will be applied.

The report two years ago is a somewhat idealistic document which expects a parity of esteem between the civil servant handing out the sanction and a desperate claimant getting the benefit. It says the commitment should be accessible, clear, tailored to the claimant’s needs and the state of the local labour market, and agreed by both the claimant and the DWP. It also says claimants should be properly informed.

Real world not the same as the idealistic picture of claimant commitment

However in the real world SSAC found it was pretty mixed picture. It found some good practice but also examples of lone parents not being informed of their right to reduced work searches, re-assessment interviews lasting just ten minutes and “not all work coaches are using discretion fairly or reasonably and opt for generic, rather than tailored, actions. We saw examples of work coaches copying and pasting actions from a shared document which had become standard in their local Jobcentre.”

As usual the DWP itself didn’t seem to have an overall picture of what was happening as it couldn’t be bothered to put together a national picture. So it is rather strange that the present SSAC committee is concentrating on punitive measures. Or is it?

The present committee under Stephen Brien, who worked for Iain Duncan Smith’s Centre for Policy Studies and now works for the United Arab Emirates funded Legatum Institute is more inclined to want to correct inefficiency in the DWP than to take tough action over the welfare of claimants.

What is deeply worrying is that many claimants – particularly more elderly disabled claimants now looking for work in their 60s and suffering poor health could get some very harsh treatment. They might be lucky and get a really sympathetic work coach or they could be landed with a jobsworth or worse a power maniac who enjoys putting the disadvantaged down. Will SSAC be bothered? Documents referred to in this article can be found on the SSAC website here.

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DWP dumps on benefit watchdog and ignores plea for more help for victims of domestic violence

The Department of Work and Pensions has rejected any changes to its new minimalist regulations to exempt victims of domestic violence -mainly women – from paying the ” bedroom tax ” and helping them to find out how they could qualify to keep more of their benefits.

Ministry turns down plea from social security watchdog

As I reported ten days ago the release of minutes from the little known Social Security Advisory Committee revealed in July the body chaired by Stephen Brien who worked for Ian Duncan Smith’s think tank had written to the ministry criticising the proposed regulations for being too narrow and the ministry for not running a prominent campaign to let victims know they will now be exempt.

The exemption applies to anybody who wants to stay in their own home and has thrown out an abusive partner and enrols in a sanctuary scheme – which provides extra locks, a fireproof letterbox and in extreme cases a reinforced door to a ” panic room” should the abusive partner return and break into the house.

The problem is that not all women know about this and the exemption only applies to council homes and flats. Also abuse from stalkers or strangers is not covered by the new regulations.

Mr Brien wrote: “Given the vulnerable situations of those affected, there is a compelling case for the Department to examine what options exist in terms of proactively identifying those potentially affected. This should be supplemented by a strong communications strategy that sets out clearly the criteria for this exemption, along with guidance on how to access it.”
“There is a risk that a number of claimants entitled to take advantage of this scheme, particularly those who have already benefitted from a sanctuary scheme security adaptation prior to these regulations coming into force, will be unaware of this change.”

Ministry rejects plea to change the regulation

But the DWP has told me not only will there be no changes but they had already implemented the regulations which came into force on October 1.

A DWP spokesperson said:

“The Department offers support to victims of domestic abuse, whether in the private rented sector or not. The benefit system acts as a safety net for people who find themselves in need of financial support with living and housing costs for a variety of reasons. A range of Universal Credit measures are designed to support victims of domestic abuse, including special provisions for temporary accommodation, same day advances, easements from work-related requirements and signposting to expert third-party services.”

Now for these regulations to become law they have to be scrutinised by Parliament. So I looked up what had happened.

It turns out the ministry laid the regulations before the House of Commons and the House of Lords on September 9 – a Thursday evening just before MPs and peers went off for the weekend. They were laid under what is known as a negative statutory instrument – which means that unless a peer or a MP objects they automatically can become law three weeks later.

Not one MP or peer spoke up about this

The regulations were laid alongside numerous other regulations including changes to Covid 19 pandemic regulations. Not one MP or peer objected or even spoke about it.

They would not have known about the criticism from the watchdog body because its minutes had not been published then. Nevertheless this shows up the ineffectiveness of MPs and peers – who have more time – in scrutinising what the executive is doing.

Given the high profile issue of violence against women after the kidnap and murder of Sarah Everard by a serving Met Police officer it is pretty deplorable that a ministry can get away with this.

Benefits watchdog keeps mum

I sent the ministry’s response to the watchdog body – which regards scrutinising regulations as its main priority – and it decided not to comment, preferring to keep silent about its advice being ignored .I haven’t had a reply from the House of Lords on why the new regulations were missed.

However I have discovered the ministry has issued new advice six days ago to its housing benefit officers. It is here and victims of domestic abuse should challenge officials about getting an exemption.

For those in England I would suggest contacting Shelter. The charity has a comprehensive guide for victims of domestic abuse here. It includes a list of other charities who can help.

So if the ministry, the social security watchdog and Parliament are so ineffectual, at least this blog can highlight some information so more people know about it.

Previous Blog

https://davidhencke.com/2021/10/03/exclusive-half-baked-and-half-hearted-dwps-help-for-women-facing-domestic-abuse-and-violence/

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

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

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

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

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

The answer has now come back. The DWP said:

We can confirm that we hold information falling within the description specified in your request. However, we estimate that the cost of locating, retrieving and extracting the information for these requests, when aggregated, would exceed the appropriate limit of £600. The appropriate limit has been specified in regulations and for central Government it is set at £600. This represents the estimated cost of one person spending 3½ working days in determining whether the Department holds the information, and locating, retrieving and extracting the information.”

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

Suspicion that nobody or few people have contacted the DWP

Mr Thompson suspects there is another reason.

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

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

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

Stephen Timms MP to press DWP over numbers

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

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

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

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

Previous blogs on this:

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EXCLUSIVE: Half baked and half hearted: DWP’s help for women facing domestic abuse and violence

With the horrendous murder of Sarah Everard by a serving Met police officer dominating the headlines by coincidence the government’s benefit watchdog this weekend released minutes of a meeting with officials from the Department for Work and Pensions on tackling domestic abuse.

Domestic abuse Pic credit: HelpGuide.org

The little known Social Security Advisory Committee was examining new regulations from the ministry due to come into law on payments and help for victims (usually women) of domestic abuse.

You might not think the DWP would have any role in domestic violence but actually it can help by removing benefit penalties and also open the door to money to improve security measures in a victim’s home.

The ministry must have been pretty tardy in doing anything about this as the reason for the new regulations stemmed from a government defeat at the European Court of Human Rights.

At the centre of this case was the much loathed ” bedroom tax ” where 14 per cent of your housing benefit payment can be clawed back if you have more bedrooms than you need.

Women who throw out an abusive partner or grown up member of the family could find themselves liable for this ” tax” if they want to stay in the family home. This regulation exempts them.

No relief from benefit penalties if you are pursued by a stalker

But as the committee found it is a pretty narrow concession. If you are being abused by a stranger or a stalker you can’t escape the penalty. The ministry has decided they are not ” family” even if they are being as violent or frightening as any member of the family.

And it only applies if you live a council house or flat – is you live in private rented accommodation you have to apply for a discretionary housing payment – and given it is discretionary you may not get it. And that applies whether it is family or a stalker.

That’s why I think the change is half hearted and half baked -designed to help a minimum number of people.

But the meeting also disclosed much more. To qualify for these payments and removal of penalties you have to enrol in a sanctuary scheme. This is service which can protect you in your home -by installing extra locks, fireproof letterboxes and in some cases a ” panic room” with a reinforced door where you can flee from attack from an abusive partner or intruder and call the police.

But guess what? The onus is on the claimant to find out about the sanctuary scheme – not on the Department to tell them about it. Just like the millions of 50swomen over their pensions and the millions of people opted out of SERPS who have lost out on a guaranteed minimum pension, the ministry is not bothered to ensure they know. Both of these issues led to rulings of ” maladministration” against the ministry by the Parliamentary Ombudsman.

Department for Work and Pensions hasn’t a clue

But it is even worse than that. The ministry hasn’t a clue how many people are in sanctuary schemes because there is no central record.

Only next year will local authorities have a duty to collect this information but otherwise it is being left to charities, the police and other bodies to tell claimants. The minutes say: “A number of ways to identify claimants in scope of the measure were attempted – requests were made to local authorities, the Ministry of Housing, Communities and Local Government and the Home Office – but the information is not available”

Details of the sanctuary scheme are here – it is aimed at charities.

Stephen Brien;:Chair of the Social Security Advisory Committee

Such a situation has led the chair of the committee, Stephen Brien, to write to the DWP:

“Given the vulnerable situations of those affected, there is a compelling case for the Department to examine what options exist in terms of proactively identifying those potentially affected. This should be supplemented by a strong communications strategy that sets out clearly the criteria for this exemption, along with guidance on how to access it.”
“There is a risk that a number of claimants entitled to take advantage of this scheme, particularly those who have already benefitted from a sanctuary scheme security adaptation prior to these regulations coming into force, will be unaware of this change.

” A number of claimants will be unaware “-Stephen Brien

“Given the vulnerable situations within which this group finds itself, there is potential risk of harm should these claimants remain unaware of the support available to them resulting in their leaving a home where additional security has been installed.”

He also said the definition of who could escape the penalty was too narrow and should be extended to stalkers and that there was not enough being done to support people in private rented accommodation.

“The narrow focus adopted by the Department could lead to inconsistent treatment of people at risk of violence because their circumstances fall outside of those defined by the regulations.”

The SSAC has not formally objected to the new regulation but is seeking some improvements.

This seems to be yet another example of the ministry not informing people of their rights and in this case in an area where public concern has been heightened by the issue of male violence makes it doubly important that something is done. Will the DWP do it though?

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