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The quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside this issue: ESA 1 N E Derbys Boost 3 Benefits News 4 Volunteers 5 New Project Launches 6 TRUST/DAST 7 Where to Find Us 8 The Employment and Support Allowance (ESA) has been described by campaigners as the ‘most bewildering, unfair and badly designed benefit since the abolition of the workhouse’. A case of a man from Brimington in Chesterfield highlights the plight of workers caught in this stampede to cut the benefits budget. John Watkins was a lorry driver. He developed acute tennis elbow and his right arm movement was strictly restricted. He had to give up his occupation as he was no longer able to drive. John is right handed and after an operation had his whole right arm from his shoulder to his fingers put in a cast. (see photo below) John was called to a medical assessment where the medical, carried out by a Dr Laurenti working for ATOS ORIGIN medical services, found him fit for work! He did not score any points at all (a person needs 15 points to be judged incapable of work). His surgeon had advised him not to use his arm at all yet the ATOS doctor found him able to use both arms to lift a bulky object. Consequently if unchallenged this would mean to Mr Watkins a loss of at least £25.50 per week. Fight the Decision Mr Watkins could not believe what was happening to him and decided to fight the decision by lodging an Appeal with the assistance of Andrew Parkes of DUWCs. The decision was initially reconsidered and he was then awarded 6 points (for lifting) but was still nine points short. They claimed that he was John Watkins had his arm in a plaster cast but was declared 100% fit for work! Continued on P2

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Page 1: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

The quarterly newsletter of DUWCs and OFFA

Winter 2009

Issue 26

SOLIDARITY

CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT

Inside this issue:

ESA 1

N E Derbys Boost 3

Benefits News 4

Volunteers 5

New Project Launches 6

TRUST/DAST 7

Where to Find Us 8

The Employment and Support Allowance (ESA) has been described by campaigners as the ‘most bewildering, unfair and badly designed benefit since the abolition of the workhouse’. A case of a man from Brimington in Chesterfield highlights the plight of workers caught in this stampede to cut the benefits budget. John Watkins was a lorry driver. He developed acute tennis elbow and his right arm movement was strictly restricted. He had to give up his occupation as he was no longer able to drive. John is right handed and after an operation had his whole right arm from his shoulder to his fingers put in a cast. (see photo below) John was called to a medical assessment

where the medical, carried out by a Dr Laurenti working for ATOS ORIGIN medical services, found him fit for work! He did not score any points at all (a person needs 15 points to be judged incapable of work). His surgeon had advised him not to use his arm at all yet the ATOS doctor found him able to use both arms to lift a bulky object. Consequently if unchallenged this would mean to Mr Watkins a loss of at least £25.50 per week.

Fight the Decision Mr Watkins could not believe what was happening to him and decided to fight the decision by lodging an Appeal with the assistance of Andrew Parkes of DUWCs. The decision was initially reconsidered and he was then awarded 6 points (for lifting) but was still nine points short. They claimed that he was

John Watkins had his arm in a plaster cast but was declared 100% fit for work!

Continued on P2

Page 2: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Page 2 Solidarity

Who’ s Who at the Centres Welfare Rights Bolsover District: Andrew Parkes [email protected] Welfare Rights Chesterfield/N E Derbyshire: Neil Buxton [email protected] Katrina Hudson Tim Wilkinson Glyn Power Welfare Rights Staveley: Kathy Farr Welfare Rights Amber Valley: John Bradley Tel Chesterfield: 01246 231441

SALRC Worker: Sarah Smith Co-ordinator: Colin Hampton [email protected] Fundraiser: Sarah Walters [email protected] Administration: Lynn Haythorne [email protected] Not forgetting our wonderful team of volunteers including Allison Hallam. Tel Shirebrook: 01623 748161

Campaign News

able to fill in the initial ESA questionnaire that he had been sent. BUT THIS WAS DONE BEFORE HIS OPERATION! At tribunal the decision was overturned and they accepted that he could not lift using both arms and use a pen effectively. He was placed in the work related activity group which entitled him to an extra £25.50 per week backdated to the 13th week of his claim. John says ‘I encourage people not to be put off pursuing their claim. People should seek advice and appeal if they feel that they have been unjustly treated’.

Incensed John has told his story on Radio Sheffield before and after the tribunal. He was incensed by his treatment and by the continuous misrepresentation in the media about bogus incapacity benefits claimants. Colin Hampton co-ordinator of DUWC said ‘With politicians competing to see who can come down hardest on the sick and disabled I am sure we are going to see many more similar examples of John’s experience. Let’s hope they all show his resolve and fight back against unjust decision making and punitive legislation.’ See Page 4 for some ESA statistics and comment

Continued from P1

Page 3: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Funding News

Issue 26 Page 3

Welcome Back… ...To Sarah Walters! After the emotional scenes at her departure, and much pining on Sarah’s part for the rollercoaster ride that is voluntary sector funding and DUWCs, she made a triumphant return to her old post in a matter of weeks. (or perhaps it was the redundancy notice served by her financially embarrassed new employer that did it). There’s not been time for Sarah to prepare the usual seasonal fundraising fayre, but at least we have a couple of healthy grants to keep DUWCs going into the new year. Details of an exciting new award are below:

North East Derbyshire Boost DUWCs have been successful in obtaining a grant of £51,270 from the Community Development Foundation’s Hardship Fund—a scheme delivered by the Office of the Third Sector to assist organisations that are under particular pressure due to the economic downturn. DUWCs applied for assistance with their North East Derbyshire service, as the demand for the service there is far exceeding the funding that we have in place. Earlier this year this situation had led to the closure of our Holmewood outreach.

North Wingfield This welcome cash injection for this district means that we can re-open Holmewood for several months as well as run some additional sessions at new venues, - North Wingfield being at the top of the priority list along with Killamarsh and Tupton. In order to carry out the work, we have been able to employ long term volunteers Katrina Hudson

and Tim Wilkinson (below) on a job share basis—they will begin the project in the middle of November.

500 Benefit Their target is to reach an additional 500 North East Derbyshire residents by the end of September 2010. They will do this through organising the additional sessions and ’doubling up’ at existing advice sessions in Eckington, Clay Cross and Grassmoor. This will allow us to see more people per session. We will also be looking to recruit new volunteers for the district, who can benefit from Tim and Katrina’s extensive experience. Look out in the next issue of Solidarity for details of advice sessions in your community.

Pic of Katrina

Pic of Tim

Page 4: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Solidarity Page 4

Benefits News

ESA—Some Statistics A report published in The Guardian newspaper on 13th October gave some stark statistics around the new benefit of Employment and Support Allowance (ESA): • Two thirds of applicants are being turned

down • 36% of those undergoing the medical

assessment have been told that they are capable of working

• Just 5% of applicants are considered to be totally incapable of work and entitled to the full rate (£108.55)

• One third of claimants fail to complete the application process

• 2.6 million people who are currently in receipt of Incapacity Benefit will be tested using the new criteria over the next three years. If the current rate prevails, it is likely that over 250,000 people per year will have their claim rejected

The Minister for Work and Pensions, Yvette Cooper, commented: ‘In the ‘80s and early ‘90s, the number of people claiming Incapacity Benefit rose by a million. Too many people ended up on long-term sickness benefit without help to get back to work. That must never happen again.’ Welfare Rights Adviser Andy Parkes says: ‘It is quite obvious that the government’s sickness benefit objectives are being realised with increasing numbers of claimants failing the Work Capability Assessment. We have over one hundred ESA appeals waiting to be decided by First Tier Tribunals; which is unlike anything we have ever experienced with the old Incapacity Benefit.’ Our Tribunal statistics tell us that the success rate at ESA appeals is much lower in comparison to Incapacity Benefit. Some 25% of ESA appeals are favourable as against 51% under Incapacity Benefit; a further indication that the government’s intention to drive down the numbers of those claiming sickness benefit is working.

Derbyshire’s JSA Claims Anti UK poverty coalition End Child Poverty have gathered statistics on the rise in Jobseekers Allowance claims throughout the country. The figures, which show a numeric and percentage rise over the year to September, make shocking reading. We have pulled out those relating to Derbyshire County constituencies: Constituency JSA

Claimants at 09/09

Annual Rise

% Rise

Amber Valley 2,251 912 68%

Bolsover 2,273 854 60%

Chesterfield 2,668 1,100 70%

Erewash 3,140 1,354 76%

High Peak 2,001 963 93%

N E Derbyshire 2,136 1,011 90%

South Derbys 2,311 1,124 95%

West Derbys 1,246 576 86%

Call Backs Called For The Social Security Advisory Committee (SSAC) have produced a new report entitled ‘Telephony in DWP and HMRC: Call Costs and Equality of Customer Access.’ This highlights the need for a better policy regarding call backs and says that all claimants calling the DWP from a mobile should be offered one. Recent research carried out by the DWP found that staff were encouraged not to offer this service. However, a pilot scheme carried out by Blackburn contact centre offered anyone calling regarding a JSA claim a call back. Staff handling the calls reported a great improvement in quality—probably because claimants were not preoccupied with the cost of the call. Source: Rightsnet

Page 5: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Issue 26 Page 5

Volunteering

Action BoxAction BoxAction BoxAction Box Volunteers! We need you! We need people to help with leafleting—delivering our publicity flyers to homes around the areas that we operate. This is one of our most effective forms of publicity and if you can help you would be providing a very valuable service to us. We pay travel expenses and subsistence expenses. This is brilliant way to get fit and get fresh air! We also need local people who wish to train as welfare rights advisers in the Amber Valley, to help deliver our services in Alfreton, Somercotes and Heanor. Get a new skill and help your community at the same time—get the feel good factor!

Volunteer speaks about her experience at the Unemployed Workers' Centres’ Conference 2009

Having recently started volunteering at DUWCs, I was excited about the prospect of attending the annual Unemployed Workers' Centres’ Conference, especially as the issue 'An Alternative Vision for the Welfare State' was so topical. A large group of us travelled down from Derbyshire for the event at the TUC headquarters on 12th October. The day provided a range of speakers, informing us of the problems concerning the current benefits system and what we need to do to change it. A particularly interesting speaker for me was Richard Wilkinson who has recently released his book 'The Spirit Level'. The book outlines the social issues that inequality creates making life worse for all. We listened to speakers from the Child Poverty Action Group, the European Anti-Poverty Network and Compass who all urged us to make a stand and lobby our MP's to help ensure that the welfare state is safeguarded and improved for the future. We also got a chance to take part in workshops discussing issues within a smaller group, giving us the opportunity to hear the views of the people attending the conference. The day was extremely informative and gave me an insight into the problems facing benefit claimants on a day to day basis, showing me even more, the importance of organisations such as the Derbyshire Unemployed Workers’ Centres.

Sana Nabi

Glyn Power Joins the Staff DUWCs can report another success story in getting volunteers into work. Glyn Power rejoined the organisation as a volunteer last year, having volunteered many years previously. After working his way through the numerous training sessions and supporting our advisers for several months, we have now been able to offer him part time work in North East Derbyshire and also supporting John Bradley in Amber Valley. Welcome to Glyn!

Page 6: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Solidarity Page 6

DUWC News

High Praise From Killamarsh!

It is always great to hear that the service we provide at the DUWCs is valued. Recently a woman came into the Centre regarding her Disability Living Allowance and Incapacity benefits. She was so appreciative with the high standard service she received, that she took it upon her self to, as she put it, 'rattle a few cages'. She wanted the Local Authorities that fund DUWCs to know that they were getting value for money. So, she wrote to Derbyshire County, Chesterfield and North East Derbyshire District Councils as well as to her Local MP, informing them of what a 'commendable' and 'rare' organisation we are. Mrs K, of Killamarsh, a claimant with both physical and sensory impairments visited our Staveley ‘Learning Matters’ outreach. She was advised by our adviser Kathy Farr over a period of 3 weeks at 2 hours at a time. It was established that concentrating for long periods of time would be difficult and so Kathy arranged for the meetings to be held over a series of sessions to help Mrs K gain more from the advice she was given. Extremely happy with her experience, Mrs K commented, ‘The service they deliver is done with professionalism, skill and compassion - a rarity indeed in this day and age...To DUWCs each person is an individual with individual issues no matter what their background.’ The staff and volunteers here at the DUWC are trying their utmost to continue to provide exceptional service and advice despite the lack of funding and resources. If you feel you have benefited from our service, don’t forget to let our funders know. We appreciate all the praise given to us and it is because of this support that we continue to succeed!

New Project Launches for Ladies in Reduced Circumstances Earlier this year DUWCs were successful in obtaining a grant of £13,700 from the Society for the Assistance of Ladies in Reduced Circumstances. This award is for the employment of a part time female worker who will specifically deal with older ladies who live alone, and who would prefer to discuss their problems with another woman. We have now recruited Sarah Smith as the project worker. Sarah has many years of welfare rights work behind her, and has also previously worked on an older persons advice project for Derbyshire County Council. She is a familiar face around the Centres, having carried out voluntary and the occasional paid work for us over the past few years. The project will run for one year, and over that time we hope to gather enough statistics to enable us to secure more funding for this type of work, that specifically targets vulnerable groups with tailor made advice.

Sarah Smith

Page 7: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Page 7 Issue 26

TRUST

Trade Union Safety Team and Derbyshire Asbestos Support Team Contact Joanne Carlin, or Natalie Woodward on 01623 748161

More needs to be done to make tenants and home buyers aware of the dangers of exposure to asbestos. This is the conclusion of a report commissioned by the building Trade Union UCATT. The report entitled ‘Safe as Houses’ argues that it is morally wrong that home buyers and tenants have no rights to know where asbestos is when they buy or rent a property. Social housing companies have a legal obligation to inform employees and contractors where asbestos is in their properties but not their tenants. Since the late 1970s and early 1980s there have been waves of panic about asbestos risks interspersed with periods of indifference. This has been due to the failings of scientific knowledge as well as legislation and financial constraints. Research has shown that 1 in 100,000 living for 10 years in a home containing asbestos are likely to develop an asbestos related disease. This suggests that there is little risk from asbestos in our homes. This research does not take account of the house wife who daily scrubs the asbestos floor tiles as she needs to clean up after her young children or a family pet or the DIY enthusiast, who undertakes alterations in the home. Authors of ‘Safe as Houses’ Linda Waldman and Heather Williams argue that there is a conflict between social housing providers’ responsibilities and residents’ rights. Legislation provides for security of tenure for residents, as well as giving them the right to undertake repairs and improvements to make their house a ‘home’. Such a relaxed attitude towards written consent prior to beginning alterations means that the residents undertake DIY without ever knowing where asbestos is. The research found that different housing

providers used different styles of information dissemination. Ironically those who were good at it were often portrayed in a negative light. Moreover, the costs of dealing with asbestos, bringing in specialised stripping companies, delaying work schedules, replacing asbestos with other forms of fire protection means that social housing providers may downplay the risks of asbestos. Financial and time constraints will inevitably favour encapsulation and management of asbestos, not removal. The same constraints are also placed on home owners.

Dangerous Message The research also argues that the HSE message that ‘asbestos is safe in situ’ and the concentration on certain categories of workers (which although an important message) can be dangerous, giving the impression that certain categories of people, e.g. teachers, DIY enthusiasts etc. do not need to worry. Clearly more needs to be done – legislation needs to be amended so that power tools display warning symbols to advise users to check what materials they are using the power tools on. Asbestos surveys should be mandatory when selling houses and the information included in the Housing Information Packs recently introduced by the Government. Social housing providers should maintain an asbestos register and a survey should be carried out when tenants move. There should also be more information campaigns to alert DIY enthusiasts about the dangers of exposure to asbestos and a 24 hour hotline to deal with private asbestos-related enquiries. “As Safe as Houses? Dealing with Asbestos in Social Housing” Report for UCATT Linda Waldman and Heather Williams June 2009

Asbestos Warning to Home Buyers and Tenants

Page 8: The quarterly newsletter of DUWCs and OFFA · PDF fileThe quarterly newsletter of DUWCs and OFFA Winter 2009 Issue 26 SOLIDARITY CHESTERFIELD CASE HIGHLIGHTS CLAIMANTS’ PLIGHT Inside

Where to get advice

ALFRETON Alfreton House High Street

Wed—Thurs

9.00am—12.00pm 1.00pm—4.00pm

BOLSOVER CLOC

High Street

Monday 1.00pm—3.30pm

CHESTERFIELD 54 Saltergate

Mon—Thurs

9.00am—3.30pm Friday

9.00am—12.00pm

CLAY CROSS Adult Education

Centre Market Street

Monday

9.30am—12.30pm

CLOWNE Community Centre Recreation Close

Tuesday

1.00pm—3.30pm

CRESWELL Resource Point Elmton Road

Thursday

9.00am—11.30am

ECKINGTON Resource Centre

John Street

Monday 1.30pm—3.30pm

GLAPWELL Community Centre

The Green

Thursday 9.30am—12.00pm

GRASSMOOR Methodist Church

High Street

Friday 10.00am -12.00pm

HEANOR Salcare

Ray Street

Last Wed of month 10.00am—2.00pm

HOLMEWOOD St Albans Centre

Heath Road

Tuesday 9.30am—11.30am

MASTIN MOOR Eventide Centre

Last Monday of

month 12.30pm—3.30pm

PINXTON Village Hall

Kirkstead Road

Tuesday 1.00pm—3.30pm

SHIREBROOK 44 Patchwork Row

Mon—Fri 9.00am—11.30am

SOMERCOTES Parish Hall

Nottingham Road

Tuesday 1.30pm-4.00pm

S’TH NORMAN-TON

Community Centre Market Street

Monday

9.30am—12.00pm

Page 8 Solidarity

ALFRETON Alfreton House High Street

Tuesday

9.00am –12.00pm Wed,Thur

9.00am—12.00pm 1.00pm—4.00pm

BOLSOVER Adult Education

Centre Castle Street

Monday

1.00pm—3.30pm

BRIMINGTON Community Centre

High Street

Monday 9.15am—12.15pm

CLAY CROSS Adult Education

Centre Market Street

Monday

9.30am—12.30pm

CLOWNE Community Centre Recreation Close

Tuesday

1.00pm—3.30pm

CRESWELL Resource Point Elmton Road

Thursday

9.00am—11.30am

ECKINGTON Business Centre Market Street

Monday

1.30pm—3.30pm

GRASSMOOR Community Centre

New Street

Thursday 10.00am -12.00pm

HEANOR Salcare

Ray Street

Friday 8.30am-12.30pm

PINXTON Village Hall

Kirkstead Road

Tuesday 1.00pm—3.30pm

SOMERCOTES Parish Hall

Nottingham Road

Monday 1.30pm-4.00pm

STAVELEY Learning Matters

High Street

Mon,Wed,Fri 9.00am—1.00pm

Telephone

01246 231441

01623 748161

CHESTERFIELD 70 Saltergate

Mon—Thurs

9.00am—3.30pm Friday

9.00am—12.00pm 01246 231441

SHIREBROOK 44 Patchwork

Row

Mon—Fri 9.00am—11.30am

01623 748161

Email

[email protected]

Don’t Forget… To remember us in your will, or to ask for donations in lieu of flowers at your funeral. Let our future be your legacy.

Help us Go Green!

If you are able to receive your issue of Solidarity via email, please send your address to: [email protected] Don’t forget to join our group on Facebook for interim updates, photos and opportunities for discussion.

Rolls Royce Support Tax Credits Training

9 DUWC volunteers benefited from a training day funded by Derbyshire Community Foundation’s Rolls Royce Fund in September. The training covered the subject of Tax Credits –a highly complicated area of expertise which is currently taking up a great deal of our advisers’ time. Some of our cases have been ongoing for a matter of years. Our volunteers will now be able to give our advisers more support and handle more cases single-handedly. Course attendee Gill King said ‘This was a very informative day and it helped me a lot in my role as volunteer adviser. I have already made good use of the information to help people in Shirebrook.’

Our Shirebrook volunteers benefited from the course