Memorandum submitted by City and County
of Swansea
Having read the transcript of oral evidence
given to the Committee, I note that the Committee is experiencing
difficulty obtaining "hard evidence". This I understand
to mean evidence that is supported by facts rather than being
merely anecdotal. I should say at the outset that I cannot provide
any evidence about systems for monitoring ethnic make up of customers
and staff", and "employment of people from minority
ethnic communities by the DWP". It would, in any case, seem
more appropriate for this Information to be gathered elsewhere.
On the other issues that the Committee is expected to include
in its enquiry I would point out that as a welfare rights adviser
most of the contact I have with refugees and people from ethnic
minorities is through giving welfare benefits advice to other
agencies rather than direct y to individuals. The Welfare Rights
Unit works with other agencies Which represent refugees
and people from ethnic minorities as support workers and/or advocates.
This report has been compiled in consultation with workers from
the British Red. Cross and the Welsh Refugee Council. These agencies
work closely with their clients on a day to day basis and have
a lot of experience dealing with the DWP on behalf of the people
they support. The evidence contained if this memorandum has been
gained by consulting with them. It may be therefore that the information
I have gathered from consultation will be considered anecdotal
but I submit it in the hope that it will form part of a significant
number of much reports which, because of their volume, will be
given due regard. The British Red Cross has provided details of
four actual cases which serve to illustrate the types of problems
that refugees and people from ethnic minorities encounter.
The issues which surfaced during
the interviews formed four main categories.
Wrong information or lack of
information.
Assumptions by DWP staff about refugees
or people from ethnic minorities who do not have, a good command
of English.
Bureaucratic delay and insensitivity.
Language difficulties, lack of interpreters
and an apparent indifference on the part of DWP staff to claimants
who cannot make themselves understood.
WRONG INFORMATION
Back dated: payments of Income Support (IS)
1. When asylum seekers gain refugee status
they have 28 days from the time they receive the letter from the
Home Office informing them that they have been granted indefinite
leave to remain to make a claim on the correct claim form for
back dated income Support There is no provision in law for a late
claim once the 28 day period has elapsed. The normal back dating
rules for Income Support limiting payment to three months do not
apply in these circumstances and IS can be back dated to the date
asylum was claimed. Refugees frequently encounter problems when
attempting to make this claim. These include:
Being told that they cannot make
a claim because they do not fit into one of the normal categories
of people who are entitled to Income Support This is incorrect
as these rules do not apply to refugees claiming the back dated
payment.
Being told Income Support cannot
be backdated for more than three months which as (previously stated)
is incorrect.
Being told that because of the amount
of money involved an explanation is necessary outlining why the
claimant had waited until the 26th day before attending at the
DWP Office to make the claim.
Being told that they are not entitled
to Income Support but no further explanation offered.
2. Many people have missed the opportunity
to claim this back dated payment because of being given wrong
information in this way and some are trying to gain compensation
for this through the complaints process. There are further problems
encountered With this process because people are being asked to
provide proof that they were misdirected by the DWP when often
no record has been made by the person who misinformed them.
INTERIM PAYMENTS
3. From consultation with the British Red
Cross at Swansea I established that it was considered necessary
to accompany refugees to the DWP offices to make claims for interim
payments. Their experience was that when claimants went unaccompanied
they were frequently told that they had no entitlement, but when
accompanied by a support worker a payment would be made. This
was the case even when the refugees spoke good English.
LACK OF
INFORMATION
4. When asylum seekers. gain their indefinite
leave to remain in the UK, unless they fit into one of the categories
of people who can claim Income Support under the normal rules
eg a lone parent or a carer, they have to go to the jobcentre
office to sign on as available for work and make a claim for Jobseekers
Allowance. The Jobcentre office in the City and County of Swansea
is not yet a. Jobcentre Plus office and the staff of the Job Centre
do not deal with Income Support claims. They do not inform refugees
when they come to make a claim for JSA that they need to go to
the Social Security Office to make the claim for the backdated
Income Support. This often results in the 28 day time limit for
making the claim to be missed.
5. As far as I am aware there is no system
in place in the DWP in Swansea for monitoring the information
needs of minority ethnic customers and refugees. In a recent meeting
that land members of other organisations attended with members
from the DWP in Swansea, there did not appear to be any awareness
on the part of the DWP that people from ethnic minority groups
and refugees would have any information needs over and above those
of the public in general.
ASSUMPTIONS AND
INSENSITIVITY
6. Those interviewed who had had experience
of supporting or advocating on behalf of claimants in their dealings
with the DWP reported that it was common for staff to make assumptions
about people from ethnic communities.
Common assumptions encountered include:
People who do not have a good command
of English will not want to work. This assumption results in refugees
who do not speak English not being offered the option of training
schemes or language training. It was felt that Language skills
training was in general only offered to people with medical qualifications.
People who do not have a good command
of English will not have any professional qualifications or other
skills. It was found that Job Centre staff do not ask: them what
their job was in their own country and no attempt is made to assist
them to obtain similar work here unless they have medical qualifications.
DWP staff appear to work on the assumption that the only work
that people from abroad can do is factory work.
Assumptions made by staff of DWP
that claimants have assumed a false identity based on their own
cultural preconceptions. An example of this was given of a man
of 23 years old who looked considerably older and who had, in
his country of origin, owned and run his own restaurant.
ACTUAL DETAILS
OF CASES
DEALT WITH
BY THE
BRITISH RED
CROSS AT
SWANSEA
Case 1
7. Mr X is a 23 year old Kurdish man who
fled his native country of Iraq due to persecution from the ruling
regime. He originally applied for JSA in February 2003. At the
DWP new claim interview Mr X was asked about his education and
employment background. When Mr X informed them that he had owned
his own restaurant back in Iraq the interview was terminated.
The DWP took the view that because he looked so much older than
he was and had owned his own business in Iraq he could not possibly
be 23. This seemingly arbitrary decision made by the interviewer
resulted in an investigation into Mr X identity and the loss of
his benefits.
8. In July 2003 Mr X finally was finally
issued with a National Insurance number he made a claim for a
back dated payment of JSA. Mr X was informed by the DWP that he
did not satisfy the requirements for a back dated payment The
Red Cross asked for the written reasons for this decision and
the DWP denied that a meeting with Mr X had ever taken place despite
the presence at the meeting of a Red Cross worker. In the period
between February and August 2003 Mr X was left without income
and relied on the support of his friends for housing and money.
He was at no point made aware that he could claim backdated Income
Support to cover the period under NASS support.
Case 2
9. Mrs X is a 25 year old woman from Zimbabwe.
In Zimbabwe she was an active member of the opposition party and
as a result was persecuted by the ruling regime. She fled Zimbabwe
leaving behind her husband and young son. At the time of her claim
for benefits Mrs X was unsure if her husband was still alive and
was not hopeful of a good outcome after the then recent news from
her home land. Understandably Mrs X found it difficult to speak
about her husband to strangers as it brought back memories of
what she had been through. This appeared to be interpreted by
the DWP as Mrs X having something to hide which made securing
benefits very difficult. The situation was compounded by the fact
that she did not have a permanent National Insurance number. Interim
payments were eventually secured when Mrs X attended at interview
at the DWP accompanied by a support worker. Mrs X was at no point
made aware that she could claim backdated Income Support to cover
the period of NASS support.
BUREAUCRATIC DELAYS
10. The main problem encountered is the
length of time it takes to obtain a permanent National Insurance
number. This causes a lot of hardship as NASS support stops 28
days after indefinite leave has been granted and it can take months
to obtain a permanent NI number. This can cause extreme hardship
where someone has been wrongly told that they are not entitled
to interim payments.
11. The delays in issuing NI numbers and
in processing benefit are often caused by claimants being asked
to provide information which they do not have and cannot obtain.
This is made worse by the fact that in many cases the request
for such information has not been understood. DWP staff send out
letters to people they can hardly fail to know will not understand
them with no regard to how such letters Will be translated for
the claimant. (This is also dealt with in the section on Language
difficulties par's 14 & 15) That this leads to delays of payment
or even to the closures of claims is certain. What is less certain
perhaps is whether this ought to be thought of purely as a language
problem or whether there are other issues here which need to be
addressed.
Case 3
12. Mr X is a 45 year old man from Pakistan.
He lived his country with his wife and two young children after
suffering persecution due to his religious beliefs. The type of
work Mr X is able to undertake is limited slightly by a disability
caused by a childhood illness. Mr X was referred to the British
Red Cross by a friend who was concerned about the welfare of the
family due to the faQ that he was apparently ineligible for state
support.
13. Mr X was granted leave to remain in
June 2003 but his case only became apparent at the end of July.
In this time Mr X was attending the jobcentre every fortnight
to sign on but receiving no payment. After the original meeting
limited funds from the Red Cross and Social Services were made
available because there were children involved. It became apparent
that the DWP were unwilling to pay Mr X as he had declared that
he owned three properties in Pakistan. These properties were valued
by the DWP and they found that he had assets above the capital
limit. It is unclear how the DWP were able to assign value to
property in Pakistan. Despite Mr X's full co-operation and documentary
evidence being supplied stating that he had no access to the properties
and could not take any financial benefit from them The DWP refused
to changed their decision. They stated that they required evidence
that he was attempting to sell the properties despite the obvious
difficulties involved in doing this.
In November 2003 Mr X was represented by the
Swansea Welfare Rights Unit at an appeal tribunal. The appeal
was upheld granting Mr X all benefits entitled to him.
LANGUAGE DIFFICULTIES
14. Lack of English language skills is a
barrier to claimants from ethnic minorities accessing the correct
benefits. Claimants who do not speak or read English are given
forms to take away to complete. There appears to be an assumption
that claimants will have access to informal interpreters from
within their communities who will do this for them. This frequently
results in late claims or failed claims. One support worker highlighted
problems of this nature in connection with Child Benefit Local
offices do not deal with Child Benefit claims and completed claim
forms have to be sent to Newcastle on Tyne. The claimants are
invariably asked for further information by letter and are given
a time limit to provide this which, if the claimant does not have
immediate access to an informal interpreter who is willing and
able to assist them, can result in the claim being closed down.
15. There also seemed to be little awareness
that refugees have often gone through very traumatic experiences
and are ill equipped to deal with the complexities of the benefits
system and the demands it makes on them to provide information
which they often don't have, and to complete forms they may not
understand, within set time limits.
Case 4
16. Mr X is a 33 year old Kurdish man originally
from Iraq. He lived in a housing estate in Swansea with his wife,
who was at the time three months pregnant, and their three children
aged 10, 7 and 4. In September 2003 after suffering weeks of verbal
abuse in the housing estate Mr X was physically assaulted and
attacked with a knife by two or more people in full view of his
wife and young family. As a result the family were moved out of
the estate by the police for their own safety and moved to stay
with friends. Emergency housing was not granted immediately.
17. Still traumatised by the recent events
Mr X attended the jobcentre to sign on. When asked if he was available
for work Mr X tried to explain recent events; his current situation
and the fact that at the moment his family was homeless. The Job
Centre accessed "Language Line" seemingly just to confirm
that he was unavailable for work. A week later the Red Cross support
worker received a call from an extremely distressed Mr X about
a letter he had received from the DWR The letter stated that as
he was unable to work he was ineligible for Jobseekers Allowance.
At this time JSA was Mr X's only source of income, which had now
been reduced to £0 per week, to support his family. After
intervention by the support worker Mr X's benefit was reinstated
and a member of the counter staff issued an unofficial apology.
Without this intervention it is probable that this decision would
not have been reversed.
18. It is interesting to note that an interpreter
was not used to get the personal details or circumstances of Mr
X, only to confirm that he was unable to work. Also that in the
nine months that he had been attending the jobcentre this was
that only occasion that Language Line had been used and that at
no point was he informed of his right to claim backdated Income
Support to cover the period under NASS support.
Barbara Jacobs
25 February 2004
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