Benefits

Dear Mr Duncan Smith, Secretary of State, Department for Work and
Pensions,

TRUTH IN APPLYING FOR BENEFITS
FOI REQUEST

1] I ask this because I wish to have clarification of a basic
principle in fact - that BOTH the ESA and DLA are VOLUNTARY
applications for benefit, not a COMPULSORY or MANDATORY benefit
which is IMPOSED upon people.

2] If a person has specifically chosen NOT to apply for a state
benefit, is it not the case that this person's views have to be
respected?

3] And that there is a specific choice if for several years that
the person has NOT wanted to apply for benefits but chooses to live
on the independent means solely of their FAMILY, that this should
be respected?

4] And that if there is any CONFUSION as to the medical status of a
person, so that the person has been told that they have depression
and/or post-traumatic stress disorder, for example, but no formal
thought disorder, then is it not the case that this person SHOULD
be allowed to make their own UNFETTERED choice whether or not to
apply for benefits?

5] After all, a friend or family can apply for the forms, but it is
surely up to the individual whether or not having discussed the
benefit forms with their friends/family whether they wish to apply
for the benefits or not?

6] This is a specific principle in law and I wish this to be
clarified, because where there is much at stake and multi agnecies
there is a great deal of muddle, confusion and room for chaos and
misunderstanding to ensue.

Where there is specifically the medical status of the individual is
the KEY issue and whether or not they have mental capacity to make
decisions is the CRUX of the whole debate, then if a patient's
Nearest Relative puts in for an ESA or DLA benefit but meanwhile
still requesting - and not receiving the SPECIFIC detailed
information on which to base these requests, it cannot be fair in
law then to seek to prosecute such a person for NOT doing so, as
clearly and demonstrably the ONLY people who could do so are the
people controlling the person under Section 2 or 3 of the MHA -
namely the local authority, the Responsible Clinician, the AMHP,
the care co-ordinator, the Mental Health Trust.

And it is this that makes the whole system so unworkable in my
opinion because you must have a fair system whereby there is
transparency and fairness throughout and above all CLARITY.

7] Will the new Health and Social Care Bill be taking into
consideration such factors as I have outlined above? Is there a
Draft Social Welfare Bill wherein these debates have happened and,
if so, where are the internet links so that I may read them for
myself? In the alternative, please provide on this website of the
charity http://whatdotheyknow.com the required information.

I am very concerned in the realm of Mental Health legislation that
people might get prosecuted under Section 44 of the Mental Capacity
Act 2005 who are "carers" and suddenly find themselves stand
accused of wilful neglect for not applying for benefits for someone
with whom they live or be in a professional role as social worker
or carer or occupational therapist or doctor or nurse on the
spurious grounds that this person "must" be mentally incapacitated
and therefore it is the responsibility of the
family/friend/professional to apply for such benefits and if they
do not, then there will be prosecution.

If this happens, I reckon you will have potentially millions of
people quaking and determine never to be in a position of care for
ANYONE ever again lest they be imprisoned.

Please help stop such madness - I must point out that I am simply
worried about the unintended consequences of what I see as very
flawed current law - namely the MENTAL CAPACITY 2005 ACT AND
SECTION 44 SPECIFICALLY IS DANGEROUS IN A FREE SOCIETY AND COULD
LEAD TO EROSION OF THE FABRIC OF COMMUNITIES, FRIENDS AND FAMILIES
- THERE WILL BE NO TRUST OF ANYONE FOR FEAR OF PROSECUTION.

I am sure that this is not the intention of Mr Ian Duncan Smith and
therefore I wish the Secretary of State to be given my FOI,
specifically, for HIS attention and his response, please, via this
website,

Thank you very much for your help,

Yours sincerely

Rosemary Cantwell
Campaingner for Truth, Fairness and Transparency in our Judicial
System