Church and State blog: Letter to the Secretary of State for Work and Pensions

Monday, September 28, 2009

Letter to the Secretary of State for Work and Pensions

This morning, Declan wrote once again to the Secretary of State for Work and Pensions, Yvette Cooper, about the difficulties we are experiencing trying to get the benefits we are entitled to - and this after the Department for Work and Pensions (DWP) unlawfully put us the street for more than 2 1/2 years. All is explained in letter below, but in sum, we are being paid half our benefit entitlement since 17 July because the DWP has effectively lost my National Insurance number and will not reissue me with another one. I should perhaps mention that in the previous blog I publish an Open Letter that Declan wrote to the Papal Nuncio in London, Rev. Faustino Sainz Muñoz, regarding his formal complaint of discrimination against the Congregation of the Sisters of Mercy: on 19 August, the Providence Row charity run by the Sisters of Mercy denied us access to food! This is the email letter Declan just sent to Cooper:

Subject: Reinstatement of my joint claim for Jobseeker's Allowance

Dear Secretary of State,

I refer to previous correspondence, in particular my registered letters to you of 9 and 21 September. I attach copy of my complaint of 23 September that I lodged with His Excellency Most Rev. Faustino Sainz Muñoz, Apostolic Nunciature to Great Britain, against the Congregation of the Sisters of Mercy for unlawful discrimination involving the Chief Executive of Providence Row, Mrs. Jo Ansell (see attachment “Complaint(23.9.09)”). The letter opens as follows:

On 19 August 2009, my wife and I were denied access to food in the Dellow Centre of Providence Row of the RC Diocese of Westminster because, according to a Providence Row letter of 18 August, our “room/flat” is deemed by the charity “to be stable accommodation”.

With regard to the reinstatement of my joint claim for Jobseeker's Allowance (JSA) - which originally ran from July 2005 until it was terminated on 27 September 2006 because I did not "sign on" two days before I was due to so on 29 September 2006 - I reconfirm that Broadway Homelessness and Support ("Broadway") gathered on 31 July 2009 more specific details from the Department for Work and Pensions (DWP) about my benefits claim of 17 July 2009. I was informed by Broadway that although my part of the claim had been processed (and £101.05 for the period 17 July to 30 July subsequently paid on 11 August), my wife's part of the claim has been suspended from the outset of the claim because the DWP has effectively lost her National Insurance Number (NINO), and consequently she needs to reissued a NINO before her part of the claim can be processed. (On 18 June 2008, I was robbed in the canteen of the Dellow Centre of all my and my wife's money and documents, crime reference no. 4215697/08; I was informed at Bow Road police station on 24 June 2008 that the case had been struck out due to the police being unable to obtain any CCTV footage whatsoever from Providence Row (see attachment "Ansell(25.6.08)").)

In numerous emails to the Chief Executive of Broadway, Mr. Howard Sinclair, which I copied to you for information, I pointed out that am also in receipt of a letter of 4 August from Haringey Council in respect of my claim for Housing Benefit, informing me that I must (a) tell them my wife's NINO and provide proof that it belongs to her by submitting a letter or form issued by the DWP, and (b) provide current proof of my wife's JSA by way of a recent letter from the DWP showing my current address. The Council advises in this letter that I must provide them with both of these proofs before 4 September or my claim for Housing Benefit may be suspended. We have subsequently received nothing in writing from Haringey Council to indicate that my claim for Housing Benefit remains open until the outcome of my joint claim JSA.

I can confirm that my wife has yet to be reissued the NINO - her initial appointment for 3 September at Camden NINO Jobcentre was cancelled due to "a regular clerical error", according to Broadway (see attachment "Broadway(8.9.09)"); she was subsequently interviewed on 10 September, but informed that it could take several weeks for the NINO to be reissued. Moreover, I understand that the DWP continue to be of no assistance to Broadway in providing the letter I am seeking that confirms that the payments of £128.60 I received on 18 August (for the period 31 July to 13 August) and 28 August (for the period 14 August to 27 August) are "hardship payments" for 2 persons - and not payments of my wife's JSA, which I only learnt from Broadway on 2 September is still suspended. I have repeatedly requested of Broadway that I be advised as to how long this letter will take to be processed and sent out. On 8 September, I received a reply from Mr. James Laurie for and on behalf of the charity, stating: "I will be in touch when I have heard back from the Jobcentre regarding the letter confirming hardship payments" (see attachment "Broadway(8.9.09)").

On 14 September, Broadway made inquiries of the DWP as to why my wife and I had received no benefit payment of any description from the DWP for the period 28 August to 10 September, but the DWP was unwilling to discuss my claim with them because they were not "sitting with the claimant" (see attachment "Broadway(14.9.09)"). I attended Broadway Head Office on 15 September to call the DWP to ask them whether the NINO had been allocated and where things stood with my claim. I was informed by the DWP that there was "no information" on my wife's NINO, and that £128.60 in payment of my JSA (not a hardship payment for 2 persons) would be lodged to our account later that day. Accordingly, my wife attended Broadway Head Office on 16 September to apply for her third Crisis Loan (our fourth in total) on top of the £230 we already owed the DWP in crisis loans since 20 July. She requested £40 for the period 16 September to 29 September (2 weeks), but was denied by the DWP because they did not have a NINO in her name. On 17 September, she again applied for a crisis loan, this time with both Broadway’s and my assistance, but was told that £128.60 was deemed by the DWP to be enough money for two people to survive on for a two-week period, the previous two crisis loans in her name of £70 (for the period 3 August to 16 August) and £20 (for the period 18 August to 24 August) notwithstanding.

We now have a very serious set of circumstances that may result in us being forced to return to sleeping rough at Salters' Hall. To further exacerbate the situation, I continue to be denied access to food in the Dellow Centre, despite my repeated protestations to the Archbishop of Westminster, His Grace Archbishop Vincent Nichols, and the Congregational Leader of the Sisters of Mercy, Sr. Coirle McCarthy, about our unstable circumstances. The DWP terminated our benefits in September 2006 because I did not sign up early enough – even though both my wife and I were doing so in a timely fashion; and I exhausted the appeals process from the street: my case was dismissed by the High Court (Judicial Review), Court of Appeal and European Court of Human Rights in spite of the fact that I was denied the internal appeal process by procedural impropriety on the part of the enforcement authority. That we are now dealing with a series of obvious "mistakes" (however deliberate), I cannot imagine what would motivate the authorities to repeatedly deny us benefits to which we are entitled.

You will note that I am taking the time to once again copy Superintendent Lorraine Cussen of Snow Hill Police Station into my current situation. As I mentioned in my registered letter to you of 9 September, it was Superintendent Cussen who, as the supervisory police officer who is overseeing Operation Poncho II within the City of London Police, suggested that I seek the assistance of Broadway (see attachment "Cussen(13.7.09)"). I am also copying this email and attachments to, among others, the former Law Lord, Lord Lloyd of Berwick, Master of the Salters’ Company c/o the Clerk to the Salters’ Company at clerk@salters.co.uk.

Please would you acknowledge receipt.

Yours sincerely
Declan Heavey
NI no. -------------------

Email: dheavey@gmail.com

Home address:
83 Priory Gardens
London N6 5QU

cc Lord Lloyd of Berwick, Master of the Salters' Company
His Excellency Most Rev. Faustino Sainz Muñoz, Apostolic Nunciature to Great Britain
His Grace Archbishop Vincent Nichols, Archbishop of Westminster
Sr. Coirle McCarthy, Congregational Leader of the Sisters of Mercy
His Grace The Duke of Norfolk, Patron of Providence Row
Alderman Sir Michael Oliver, Vice President of Providence Row
Mr. Simon Bartley, Chairman of the Board of Trustees of Providence Row
Mrs. Jo Ansell, Chief Executive of Providence Row
Mr. Howard Sinclair, Chief Executive of Broadway Homelessness and Support
Superintendent Lorraine Cussen, Snow Hill Police Station

Church and State

MAYOR OF LONDON RSI PROPERTY
DAY 406 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A SECTION 21 NOTICE

(SEE PARA. 3 BELOW)

1. Our 308 Honorary Associates include 20 Nobel Prize laureates. Declan and I are engaged in a project that deals with the publication of issues significant to social policy in a number of key areas, e.g., climate change, population, futurism, atheism, and free speech. Established as Network for Church Monitoring, a non-profit company limited by guarantee, our main publication, found at the website, Church and State, calls attention to subjects, not the least which have been critical of the interaction between religious and secular institutions. We have been the target of numerous threats and actions, e.g., the former resulting in threats to Declan's life, and the latter, which have led to vandalism. The various incidents are on record with the police and other official agencies.

2. There are no less than 63 Nobel Prize laureates on the Church and State website from 20 Honorary Associates, eight articles, nine book excerpts and 33 petition signatories. (For example, one Nobel laureate signed our Nobel petition in support of human embryonic stem cell research and gave us permission to excerpt from one of his books.) Our list of associates also includes 18 US National Medal laureates, and six Turing Award laureates (the equivalent of the Nobel Prize in computer science). We have published one article and excerpted from the books of seven members of the British House of Lords. And there are 31 knighted professors on the site from 13 Honorary Associates, one book excerpt and 21 petition signatories. These figures are despite the never-ending assault on our email (this link reveals the targeting of our emails to, among others, a close colleague in Washington, DC as well as space advocates and Nobel laureates).

3. This is Day 406 for us living under the threat to life of a 'no fault' eviction by Peabody Trust.[1] We live in a Mayor of London's Rough Sleepers Initiative (RSI) property. Peabody's appalling new terms of tenancy have forced us into an unstable weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Declan accumulated quite a history with the Housing Ombudsman Service before he received the Ombudsman's decision not to investigate a referral from Lyn Brown MP on jurisdictional grounds. The Ombudsman was asked to consider whether or not our tenancy has been renewed like for like; and whether, if not, it should be in light of the landlord having accused us of not signing a like-for-like agreement. The Equality and Human Rights Commission will not accept a referral of discrimination from Ms Brown, the Commission's helpline (EASS) having grossly distorted the complaint against Peabody. We no longer have pro se access to the courts (see next paragraph).

4. This eviction matter came before District Judge Ruth Fine at the Central London County Court on 30 June 2020, when both counsel for St Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of the claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us. Declan currently has before the Parliamentary and Health Service Ombudsman the decision of the Information Commissioner that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that also poses a threat to his life.

5. When it comes to traffic, we have had 10.7 million hits in the past three years on Facebook; however, I left the platform on 13 March 2021 for one year rather than risk being banned for life. It is indisputable that with any sort of level playing field Church and State would have far exceeded 2.5 million hits last year. In addition to a large variety of blocks without explanation, Facebook had so severely restricted our Page's distribution by October 2020 that it was almost as good as an unpublished page.[2] Currently, we are up to their 85th block since 1 December 2015, and as usual without an explanation. This block records as one half of their 3rd double block in the first five weeks of this year that lasted 60 days. Our traffic has also been curtailed by over 2.5K blocks on access to Church and State since 26 July 2016, including 29 full distributed denial-of-service (DDoS) attacks since 17 May 2019 that have lasted for as long as 54 hours at a time.[3] About 70% of our hits are from Americans.

"This is precisely the hard hitting kind of response needed to clarify the unfair way Facebook is treating your highly reputable site." Don Collins, Founder, International Services Assistance Fund, Washington DC

Last updated: 26/06/21

_________________________

[1] Once a fixed term has elapsed, the landlord has the option to seek eviction even if the tenant has upheld their obligations in full (though of course the landlord must still apply for and obtain a county court order).

[2] 17/10/20: We have permission to publish this ISAF letter of 30 September to Facebook COO Sheryl Samberg. Facebook has so severely restricted our Page's distribution since 4 September that it's almost as good as an unpublished page

[3] Since October 2019, we have been defining a full DDoS attack as having such a high volume of up to 4-minute blocks on access to Church and State that we don't bother recording them all.

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Monday, September 28, 2009

Letter to the Secretary of State for Work and Pensions

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