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FOCUS: "I broke down, hysterically crying… It was horrific”

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Thursday 12 October 2023

FOCUS: "I broke down, hysterically crying… It was horrific”

Thursday 12 October 2023


A new report has raised serious concerns about the way in which benefits inspection visits are being conducted after one islander reported being left “hysterically crying” in front of their children, while another said the “aggression” of officers left them “terrified”.

Published by the Health and Social Security Panel this week, the 71-page report exposed how as many as one-in-five people on Income Support are being chased to give back overpayments – many of which resulting from errors made by the Government department responsible for handing them out.

It also shed light on the significant toll the situation has been having on islanders' mental health, with the impact "so severe in some cases that individuals have considered or attempted to take their own lives".

Express examined the report and its findings in-depth...

The stats

Of the 5,197 households that are currently in receipt of Income Support, a total of 1,196 are repaying overpayments, according to the report.

And a further 1,600 households whose Income Support claims have now closed are still in debt to the Customer and Local Services department due to overpayments.

The Health and Social Security Scrutiny Panel's report identified 45 key findings and 26 recommendations following its review into the overpayment of Income Support benefits.

"Systemic issues"

Chair of the Panel, Deputy Rob Ward said that the "large number of households" repaying overpayments "reflects systemic issues around the processes used".

"As does the lack of recorded data on the true extent of the problem within Customer and Local Services," he added.

The two most cited reasons for the overpayment of benefits are errors made by Customer and Local Services, and the failure or delay of claimants disclosing change of circumstances.

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Pictured: Deputy Rob Ward, Chair of the Health and Social Security Scrutiny Panel.

Whilst acknowledging that "small overpayments are inevitable due to the nature of Income Support benefits being paid in advance", the Panel found that no apology was issued in cases where the overpayment had occurred at the fault of the Customer and Local Services department.

It was therefore recommended that when overpayments of Income Support occur due to errors made by Customer and Local Services, the mistake should be acknowledged and apologised for and the overpayment amount should not be recovered.

"Severe" stress

The report also found that the stress caused by debt from repaying Income Support overpayments is “so severe” that some islanders have considered or attempted to take their own lives.

Many islanders were being pushed into rental arrears, were having to choose between housing costs and buying food and medication, and were being forced to use food banks as a result of the “significant financial hardship” caused after being asked to repay money.

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Pictured: “One of the most troubling findings for the panel during the undertaking of this review was the extent to which overpayments had impacted some individual’s wellbeing and mental health."

Out of the five hearings held with members of the public, three people told the review panel that they had either tried to commit suicide or had experienced suicidal thoughts due to the stress caused by being in debt to the Customer and Local Services Department.

The “expression of thoughts around ending lives due to the stress created” by this debt was described as a “sobering area of concern” by Deputy Ward.

The report states: “One of the most troubling findings for the panel during the undertaking of this review was the extent to which overpayments had impacted some individual’s wellbeing and mental health. 

“This impact has been so severe in some cases that individuals have considered or attempted to take their own lives.”

"Aggressive" home visits

The report also described evidence "which raised concerns regarding home visits and the way they are conducted".

One individual described a male officer turning up at her home address unannounced and proceeding to "speak to her in an aggressive and abrupt manner" which made he feel “absolutely terrified”.

Another member of the public said that a home visit following suspected nondisclosure of change of circumstances left her "hysterically crying".

She explained: "It was in the evening, it was just me and my two kids... I welcomed them in… The two kids, I sent them upstairs.

"I broke down, hysterically crying and the two kids sat on the stairs the whole time and listened to everything.

"It was horrific. No kid should be in the house when things like that go on."

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Pictured: "I broke down, hysterically crying and the two kids sat on the stairs the whole time and listened to everything."

In a submission received from the Children’s Commissioner, the impact of Income Support overpayments on children was identified as an issue.

The Children’s Commissioner described "clear themes" which were "underpinned by practice, policy and legislation that does not consider children’s rights".

She explained: "These are families who are of lower social economic status and for whom any negative impact on their income support contribution will impact on all members of the household.

"There are also wider considerations of children’s rights in relation to policies levied toward adult income support claimants and these are around dignity, respect, family, life and survival."

The Panel recommended that "the wellbeing of children" be considered at "every stage" of the Income Support overpayment process, not just in the determination of a repayment plan.

It was also recommended that a female officer must always be present when a home visit takes place at an address occupied by a single woman.

"Complexity" of the system

The Panel also found that the "complexity" of the Income Support system, and how it is communicated to members of the public is "exacerbating the prevalence of overpayments".

The report explained: "We also found that individuals would be empowered to engage more with their benefit claims and would have greater chance of identifying an overpayment if the entire system was made more approachable and easier to understand."

The panel therefore recommended a review of "different modes of communication about overpayments and Income Support matters in general".

Loss of documentation

The Panel also found that 'change in circumstances' forms are taking a "significant" amount of time to be processed by Customer and Local Services, causing larger overpayment amounts.

It was therefore recommended that any overpayments accrued after the date in which 'change in circumstances' forms are submitted should not be recovered.

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Pictured: The "loss of documentation" was identified as one of the causes of overpayments.

The report also found that "there are currently no processes in place that provide claimants with proof of receipt or assurance that their documents have been received", despite the "loss of documentation" being identified as a cause of overpayments.

The Panel therefore recommended that "customers are provided with a copy of any documentation handed in to Customer and Local Services, which has been stamped with the date of receipt" to "minimise the risk of a dispute".

"Lack of empathy" among staff

As well as issues with processes, the report also highlighted a "lack of empathy" among Income Support staff and has further recommended the introduction of mandatory training on learning difficulties and unconscious bias for staff.

The report described claimants being "confronted by Income Support Officers who hold attitudes that ‘blame’ them for their individual situations", leaving them feeling "disempowered, belittled, or simply not listened to".

The Panel found that that "differential treatment" is given to claimants who attend Income Support meetings alone, as opposed to when accompanied by a charity representative/support worker.

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Pictured: Social Security Minister Elaine Millar will publish a formal response to the report "in the coming weeks".

Responding to the report, Social Security Minister Elaine Millar said: “Income Support is an important lifeline for many individuals and families in our community which provides essential financial assistance when it is needed the most.

"Income Support payments are made in advance, so low-income families are supported quickly when their circumstances require it. Making payments in advance will often lead to temporary overpayments.

"I will review these findings and recommendations carefully and publish my formal response in the coming weeks.”

You can read the full report here.

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