HIV and Sickness Benefits

posted: 03/05/2011

Before the May Day holidays the Department of Work and Pensions got a lot of press coverage by claiming that its reforms of sickness benefits were working. It claimed three quarters of the people applying for the new Employment and Support Allowance (ESA) are either fit for work or stop their claim before they’ve had the medical assessment. They claimed this proved the need to urgently reform benefits, and that Ministers are right to reassess everyone on incapacity benefit.

Don't give up on benefits with HIV

People living with HIV who are claiming benefits for sickness – either Employment Support Allowance or Incapacity Benefit - should not feel intimidated. Benefit experts and the National AIDS Trust point out that the system isn’t working properly for people with HIV. But people with HIV very often win if they don’t give up, stick with their claims and get expert help. Very many people with HIV win if they appeal.

False logic

The Department of Work and Pensions is wrong to claim that lots of refused claims and high rates of drop outs from medicals prove the new system of ‘Work Capability Assessments’ is working. For people with HIV these show the system is seriously failing. People with HIV can and do win with help.


HIV and long term conditions

Research by NAT shows that people living with HIV are being found ‘fit for work’ despite medical evidence showing a range of serious physical and mental health problems. These include severe immune deficiency, co-infection with pneumonia or TB, fatigue, depression and debilitating side-effects from essential HIV treatment.

Deborah Jack, Chief Executive of NAT (National AIDS Trust), commented:

‘The refusal of 39% of ESA claims is not conclusive evidence that Work Capability Assessment (WCA) is effective. These claimants may be found ‘fit for work’ under the rules of WCA, but many face very real health-related barriers to work which have been overlooked during the assessment process.

NAT is also extremely concerned by the high drop-out rate of 36% before a decision on the benefits is made. Dropping a claim does not prove someone is not eligibile for Employment Support Allowance. NAT continued ‘An independent review of the Work Capability Assessment revealed serious problems with decision-making and administration, and real failures in the way the DWP communicated with claimants. Stopping a claim halfway, points towards fundamental flaws in the system – which are yet to be resolved.’

More information

If you live in NW England with HIV and and have problems with benefits please contact our support team

DWP statistics can be found here

NAT’s report ‘Unseen disability, Unmet needs - A review of the impact of Work Capability Assessment on people living with HIV’ 

The Work Capability Assessment (WCA) is the test undertaken to determine whether a person is eligible for Employment and Support Allowance (ESA). The WCA aims to identify claimants who have ‘limited capacity for work’ or ‘limited capacity for work-related activity’, so that they may receive the right support to help them live well and (where appropriate) return to work. Those who are found ‘fit for work’ are not entitled to receive ESA. The test contains a series of questions, called ‘descriptors’, which relate to physical and mental functions, and from which claimants score points.

The report of the Independent Review of the Work Capability Assessment

In October 2008, Employment and Support Allowance (ESA) was introduced to replace Incapacity Benefit and Incapacity-based Income Support as the primary income support benefit for people who are unable to work due to disability or illness.
 

Make An Equality Stand

posted: 14/04/2011

People who want to protect the rights of people living with HIV and stand up for Equality should post a comment on the government’s website called the RedTapeChallenge. We have no idea why, but the Cameron government seems to think Equality law and Human Rights are just bureaucratic red tape regulations that should be swept away. They ask people to
 

"Tell us what you think should happen to this Act and why, being specific where possible:
• Should they be scrapped altogether?
• Can they be merged with existing regulations?
• Can we simplify them – or reduce the bureaucracy associated with them?
• Have you got any ideas to make these regulations better?
• Do you think they should be left as they are?"

We encourage people to stand up for HIV, Human Rights and Equality for all. This law provides vital protection for people with HIV among many other groups.

Some excellent responses on the RedTapeChallenge website make the point that the Equality Act is a very recent law (2010) passed by Parliament and not regulations at all.
 

There are also many uninformed and hostile calls for the whole law to be scrapped.

People concerned about equality and HIV need to make their voices heard.

Please – now
Go to the website and write a short note with your views on the Equality Act.

Some points to make

• the Equality Act is primary legislation, not regulations;
• say how wrong it is to pretend this is about regulations when the entire Equality Act 2010 appears to have been put up for grabs;
• ask people to say positive things about the Equality Act – it’s for everyone, whether women or men, whatever people’s race, beliefs or faith, sexuality, age, marriage or civil partnership, disability (which includes HIV and cancer), pregnancy and maternity, or gender reassignment. The Equality Act helps make the country more civilised, people respect our differences and organisations to provide services without discriminating.

Message the link / use Facebook / Twitter and other networks to people to add their voices
 

Making a quick comment only takes a moment

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Benefit Problems?

posted: 08/04/2011

People living with HIV in NW England on incapacity benefit who are told they will be reassessed, should call the support team at George House Trust for help and advice. Everyone on Incapacity Benefit will be reasssessed and moved onto another benefit - usually Employment Support Allowance, sometimes Job Seekers Allowance. This change of benefits can often be a bumpy journey.

George House Trust advisers will be able to give initial advice and further support as needed.

Alternatively people may call THTDirect 0845 12 21 200 between 10am to 10pm weekdays and from 12pm until 6pm at weekends.

Easing the stress of change

Many people are finding these assessments very stressful and complicated. Unfortunately the evidence shows that many people with HIV are wrongly refused or put in the wrong ‘stream’ of benefits and told they are fit for work. With the right advice and help this can often be prevented, and if not support and help offered with reviews and appeals. The success rate is high when people get expert advice and assistance. Many people with HIV win these appeals.

NAT and THT have produced a useful benefits advice factsheet for people with HIV

THT have more useful advice for people with HIV who are on benefits, applying for benefits or considering taking paid work which could reduce their entitlements to benefits.

It helps people find out their benefit rights and how best to apply, and deal with reviews and appeals.
 

Gay, Positive, Herpes and LGV

posted: 25/02/2011

Gay men living with HIV who have herpes may find symptoms flare up worse and last longer. Preventive treatment can help prevent herpes flare ups.

Herpes also makes it much easier to pass on HIV (and other STIs) because it raises your viral load, and the blisters contain HIV and provide a way in and out for HIV.
 

Herpes leaflet for gay men

As well as that herpes leafte for gay men, there’s also a new detailed briefing about herpes for sexual health and HIV professionals from Sigma Research, produced for CHAPS, England's gay men's HIV prevention and sexuial health partnership.

LGV
LGV (lymphogranuloma venereum) is a much more uncommon sexually transmitted infection and, like herpes, it's one that gay men living with HIV are more likely to get. It’s caused by varieties of chlamydia bacteria.

LGV caused ulcers, like herpes and syphilis do, and these surface wounds are always a route in and out for HIV.

Having LGV also increases your HIV viral load and that makes passing on HIV more likely.

LGV leaflet for gay men

THT have more information about herpes, LGV and other STIs, on their new website for people living with HIV, My HIV

Join HIV and Benefits Survey

posted: 16/02/2011

Lots of changes (including cuts) will be happening to the welfare benefits used by many people with HIV in the coming months and years. We need evidence now about how the changing nature of HIV affects people’s ability to do a paid job.
 

Would you please help our friends at NAT (National AIDS Trust) by answering their short (10 question) online survey about HIV-related symptoms of people living with HIV.

Please Take part in the quick survey, here

NAT are part of a national benefits working party trying to improve the Work Capability Assessment (which is used to help decide claims for Employment Support Allowance - the new benefit for sickness and disability).

The Work Capability Assessment fails many people with HIV – it doesn’t cope well where symptoms can come and go, like with HIV. Your answers will help us and NAT make it work better for people with HIV.
 

Be a big help for many

Your answers will help make a major difference to many people – everyone now receiving Incapacity Benefit will have to have their own Work Capability Assessment within the next 2-3 years. Many people are having to appeal bad decisions about this and 40% of the people who appeal refusals of these claims win.

The findings of this research will help NAT speak for the needs of people living with HIV who apply for illness and disability-related benefits. In particular, it will lead to recommendations to the second annual independent review of the Work Capability Assessment.

NAT will be on the working group which will recommend changes to the Work Capability Assessment (WCA) to more accurately and fairly assess people with fluctuating conditions, such as HIV.

Anything you can add?

NAT welcome other evidence about the impact of fluctuating symptoms on the lives of people living with HIV, and particularly want to hear the experiences of people who have HIV-related symptoms who have gone through the Work Capability Assessment.

For more information about the survey or the working group, or to send case studies and other evidence, please contact Sarah Radcliffe

Please Take part in the quick survey, here