Released 30th July 2002

Discrimination – Whose line is it anyway? Jody Randall

As a benefit assessment officer I have dealt with a number of cases. I have also dealt with a number of phone calls from disgruntled claimants about their entitlement.  I have been told at least on more than one occasion to: “shove the form where the sun don’t shine!!” But I will never forget one particular case or subsequent telephone conversation, and last weeks ruling by the European Court of Human Rights has really brought it back.

An application was received from a couple with two children, nothing unusual, except that the couple were of the same sex.  They were privately renting a property in the area, three bedrooms which did not exceed size criteria, for an average rent in that area.  The application form showed them as a couple.  The claimant had declared her partners work, it also declared that she was receiving Income Support as a single parent.  The rules of HB and other benefits are quite clear; we are unable to treat same sex couples as a couple.  So, I assessed the claim and as the tenancy agreement was in the claimants name only treated the partner as a non-dependant. This meant a deduction of x amount, still leaving the claimant with a fair amount of Housing Benefit.

Following the issue of letters notifying them of the decision I received a telephone call asking what the charge of x amount was for.  I explained that under the current benefit legislation same sex couples could not be treated as such.  Well that was the red rag and off she went.  Not once did she mention that her partner was able to claim IS as a single parent with none of her income being taken into consideration and how unfair that was. 

So, last weeks ruling and this event from my past has raised a question. Under benefit legislation, just who is being discriminated against?

The government in the paper “National Strategy to Reduce Losses from LTAHAW” stated that: 

“It is widely recognised that current practices and procedures around Living Together are outdated and open to manipulation by our customers. There is a ministerial acceptance that problems also exist within current policy, but it is felt that a wider review across all Government Departments on the way society acknowledges different relationships is necessary. However, there is no political will for this to happen at the present time.”  

So they recognise that there is discrimination. But do they realise that it is on both sides. Same sex couples without children would not have a rent restriction applied if they rented a two-bedroom property, they cannot be treated as living together.  A heterosexual couple, with no children, would.  Both partners in a same sex couple claim JSA, both receive applicable amounts of £53.05p each.  A heterosexual couple are treated as a couple, if they declare it, and receive an applicable amount almost £20 per week less.

These examples also show the flip side.  Same sex couples want to be treated in the same way as any other couple but in the eyes of the law cannot be. 

If the ECHR is going to rule that Transsexuals can change their birth certificates and have a right to marry then it will not be long before a case is brought by a same sex couple arguing that they have a right to marry.  With this as a possible future case will the government look at changing the law?  We hear about the fact that everybody is equal, in the world of benefits that statement is nowhere near true.

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Released 17th July 2002

WAR DECLARED ON FRAUD AS CHANCELLOR'S CASH BOOST PROMISES TO IMPROVE HOUSING BENEFIT ADMINISTRATION ACROSS THE COUNTRY

Housing Benefit Minister Malcolm Wicks today announced the biggest ever investment in administering the benefit, following the Chancellor's spending review.

But at the same time he set a tough target for his Department and local councils to cut the fraud and error bill for Housing Benefit by a quarter by 2006.

Mr Wicks told an IRRV Benefit Fraud Symposium in Blackpool: "We are investing millions of pounds of extra money to ensure that people get the right amount of housing benefit at the right time.

"This is the biggest investment in Housing Benefit administration since the scheme began in 1988.

"The extra money we are making available to local authorities who administer housing benefit is tied to them achieving tough performance targets. I want to see a consistent high standard across
the country of housing benefit administration that is both effective and secure."

The funding will include:

- £200 million over three years invested in helping local authorities to achieve national Performance Standards launched in April.

- A 50 per cent increase in funding for this anti-fraud work for all local authorities who are currently complying with the Verification Framework.

- The set-up and ongoing costs for local authorities to implement changes needed to bring in new tax credits and Pension Credit.

Mr Wicks continued: "If we are to deserve the extra investment of taxpayers' money we must show that we are serious about working with councils to cut the waste of fraud and error in housing benefit.

"That is why we have set ourselves a demanding target of cutting fraud and error in Housing Benefit by 25 per cent by 2006. These come on top of demanding targets we have already set to cut Income Support and Jobseeker' Allowance fraud and error, which we are well on target
to meet.

"The public have every right to expect good administration and effective counter- fraud measures should go hand in hand.

"We are working hard to provide a simpler system for housing benefit - which gets the claim right at the start. I believe that in those offices where benefits are effectively administered by well-trained and motivated staff, it's easier to spot and tackle abuse."

NOTES TO EDITORS:

1. Mr Wicks was speaking at the IRRV (Institute of Revenue Ratings and Valuing) benefit fraud symposium in Blackpool.

2. The £200 million investment to help local authorities achieve performance standards will be made up of £40 million, £70 million and £90 million over three years starting in 2003

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Released 11th July 2002

EMPLOYERS MUST GET THEIR FACTS RIGHT AS PORN SACKINGS CONTINUE

Hertfordshire based computer forensic consultants, DataSec Limited, have issued a warning to employers that they must investigate computer misuse properly.

Adrian Reid, Managing Director at DataSec says, "We investigated one incident recently, following the dismissal of an employee, where an internal investigation documented that one particular website had been accessed over 1000 times. The forensic investigation concluded however, that the site in question had not been visited at all. This is the difference between "hits" being registered by a computer for innocent reasons and forensic analysis of actual surfing by the user"

A report out this week (Internet Misuse Survey 2002 by Websense International Ltd) states that 69% of employee dismissals for Internet misuse relate to pornography. This coincides with a considerable increase in training for IT staff and managers that have responsibility for investigating misuse by employees.

Adrian Reid says, "Employers are certainly taking the issue of computer misuse more seriously. Companies are also more likely to undertake internal investigations and use their own staff to carry out the investigation."

"The investigator needs to know the law and the forensic processes which will ensure that their evidence is accurate, fairly obtained and defensible, if contested."

DataSec has received considerable take-up for its training courses designed for commercial managers and IT staff that need to know the legal, technical and evidential issues surrounding computer investigations in the workplace.

Other concerns for companies include the protection of vital information, with reported theft of databases by departing employees on the increase. Such incidents may involve a court order to seize and recover the stolen information as companies sue for damages.

Full details available at www.datasec.co.uk or upon request.

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Prison Sentence For Camberley Benefit Fraudster

Released on 08/02/2002

Mr Simon Loveridge of Bain Avenue, Camberley, appeared at Woking Magistrates Court on Tuesday 6th February 2002, following the preparation of a pre-sentence report by the Probation Service. Mr Loveridge was sent to prison for three offences of defrauding Surrey Heath Borough Council after pleading 'Guilty' to dishonestly making false representations, with a view to obtaining Housing Benefit and Council Tax Benefit amounting to £2,629.66

The magistrates viewed these offences as serious and accordingly imposed a two-month prison sentence for each offence, to run concurrently. They further directed that he serve one month in prison and that the sentence for the remaining month be suspended for the balance of the term.

In his benefit applications dated the 16th May, 29th October 2000 and the 18th April 2001, father of four, Loveridge made false statements as to his and his wife's income and as a result received benefit of £2,629.66 to which he was not entitled.

Cllr. Vivienne Chapman, Chairman of Resources Committee, commented "Surrey Heath Borough Council has a duty to prevent and detect Housing Benefit and Council Tax Benefit fraud and corruption within the area. The message is clear to these people: we will find out and we will prosecute. We also need the residents of Surrey Heath to help identify people claiming Housing Benefit or Council Tax Benefit when they are not entitled to it. A confidential hotline makes reporting these kinds of fraud simple and convenient."

Surrey Heath's Investigation Section are in the process of expanding in order to facilitate an increase in benefit fraud prosecutions. New powers will shortly be introduced, giving Local Authority Investigators authority to contact financial institutions to obtain details of undeclared funds. Surrey Heath has a Confidential Benefit Fraud Hotline which members of the public can use to report Benefit Fraud. You do not have to leave your name and all calls will be followed up. The number is 01276 707372.

Contact details: