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Embargoed until Sunday 3rd July 2011
Disability Alliance (DA) and Unity Law have issued a ‘letter of claim’ to the Department for Work and Pensions (DWP) over proposals to cut Disability Living Allowance (DLA) support for disabled people [1]. The letter is focused on whether the Department can demonstrate that the impact of proposals has been properly analysed by DWP and begins a formal process which may see DWP face full legal proceedings.
Disability Alliance is concerned that current plans will disproportionately disadvantage disabled people and their families, including proposals to:
Disability Alliance believes DWP may have failed to pay due regard to the disability equality duty pursuant to the Disability Discrimination Act 1995, s49A or responsibilities arising under the UN Convention on the Rights of Persons with Disabilities in plans to abolish Disability Living Allowance (DLA) for working age disabled people (16-64 years of age).
Disability Alliance has raised concerns since plans were announced in June 2010 but DWP is yet to answer how the thousands of disabled people and their families set to lose help might be affected. The Government’s consultation on the issue received over 5,500 responses [5] but does not appear to have influenced DWP plans. Neil Coyle, Director of Policy at the Disability Alliance says:
“Disability Alliance has sought to avoid taking legal action and we are still keen to avoid legal processes. Our concern is that disabled people may experience significant hardship, exclusion and ill health as a direct result of DLA cuts. But these concerns have gone unanswered in a year of discussion with DWP. Our options are limited and disabled people’s anxieties and the potential costs to governments are very real.”
Disability Alliance provided DWP with information on the potential impact on disabled people and their families of DLA cuts in February 2011 [6]. Over 1,700 responses to our survey on the DWP DLA plans revealed that:
Disability Alliance members supported taking action now rather than waiting for the impact to be felt directly by disabled people. Neil Coyle says:
“We hope that the Government recognises our charitable aim of breaking the link between disability and poverty, disabled people’s concerns and the views of our members. We hope DWP responds positively to our action and acts now to avoid fears being realised”.
Chris Fry, managing partner of Unity Law [7] commented:
“This is the most significant reform to welfare benefits of our generation, which is being driven through parliament without due regard for legal process. It’s morally right that the people affected by the proposals have the right to test the way in which these proposals are being formulated.”
Notes for editors
[1] The Government announced DLA cuts in June 2010, consulted on cuts from December 2010 and responded to the consultation in April 2011. The Welfare Reform Bill, introduced to Parliament in February 2011, includes the Government proposals and has completed Commons stages and received Lords 1st Reading.
[2] Low rate care payments are £19.55 per week. Ending this level of support for all 652,000 recipients (DWP statistic, November 2010) would cut £663 million from the DLA budget – well below the Government’s target. The DWP Welfare Reform Bill Equality Impact Assessment (March 2011) states that 100% of DLA recipients should be considered ‘disabled’ people; see: http://dwp.gov.uk/docs/eia-dla-reform-wr2011.pdf paragraph 16.
[3] DWP Welfare Reform Bill impact assessment, March 2011: http://dwp.gov.uk/docs/dla-reform-wr2011-ia.pdf
[4] The Government has pledged a review of mobility support in care homes. The review is not open to public scrutiny. DWP suggests disabled people may lose out but it is unclear how support will be maintained as the Welfare Reform Bill would make all disabled care home residents ineligible for support. There is a risk of a complex system being developed of: children under 16 receiving DLA, people 16-64 receiving PIP, some people over 65 retaining DLA but new claimants over 65 receiving Attendance Allowance and a new category of care home residents accessing DLA mobility or some alternative support unspecified by DWP.
[5] See: http://dwp.gov.uk/newsroom/press-releases/2011/apr-2011/dwp038-11.shtml
[6] See: http://www.disabilityalliance.org/r68.doc for the full response which included the bullets above.
[7] Unity Law can be contacted via: www.unity-law.co.uk
