A BLIND SPOT

A Blind Spot

"Would you mind repeating that, Mr Snotslime?"

The chairman of the tribunal looked in astonishment at the SEMA
representative over his half frame glasses.

"No Sir. It is our contention that the Disability Living Allowance is a
payment for help with bodily needs. As Mr Smith was rendered completely
blind in his recent accident, his sight cannot be counted as a bodily
need - as he has none. That is why we have refused his application for
DLA."

Mr Snotslime, glinted malevolently from behind his horn rimmed
spectacles, and arrogantly ruffled the pile of papers in front of him.
His shiny grey suit and the few thin strands of hair plastered to his
balding head marked him out as a veteran of such hearings. His
demeanour spoke of many years exploiting the unconsidered corners of
our legislation to deprive the disabled and enrich the Benefits
Agency.

It was the chairman's first tribunal since the French firm SEMA had
secured the franchise to administer the disability benefits system,
ostensibly in an attempt to alleviate the increasing shortcomings when
it was run by the DSS. He had heard from his colleagues that, under the
new regime, a new viciousness had been employed of late in dealing with
the sick and needy, but this degree of malice was entirely unexpected.
Leaning forward in his pin stripe suit he took a deep breathe and
addressed the appellant, whose scars were still fresh on his face and
whose dark glasses did not quite conceal the empty slits that were once
his eyes.

"What have you got to say about that, Mr Smith?", he enquired.

"When my mother read the letter from the benefits office I couldn't
believe my ears, Sir."

"I understand exactly how you must have felt! What do you think?" he
asked, turning right and left to draw in the two mature ladies in
sensible clothes on either side of him. Murmurs of disbelief and
agreement ensued.

"Let me see if I have the details of your case correctly. You are
thirty years old, on incapacity benefit and married with two young
children. Six months ago you lost your wife in a car crash. In the same
accident you went through your car windscreen and sustained severe
facial damage, including the puncturing of both of your eyeballs. Since
then you have been without any sight at all, and this is the basis of
your application for Disability Living Allowance. It is this claim that
has been disallowed, even for the lowest level, on the grounds just
stated".

"That's right Sir", answered Mr Smith in a tone of voice that implied
that there was nothing more to be said.

"I must say that I find this case astonishing", continued the chairman,
turning to the bureaucrat on his left. "Perhaps you can provide me with
your reasons for rejecting this apparently legitimate claim".

"Certainly Sir. As you may know a large amount of new case law has been
created in recent weeks. You will find those that pertain to this case
highlighted in the papers before you."

Unhappily the chairman started to consult the documents in front of
him. One of his colleagues leaned across and whispered in his
ear.

"Quite right. Have either of you anything to add that does not appear
in your papers. Very well then we shall retire and consider our
judgement. In deference to Mr Smith we shall leave the room while we
reach a decision."

Ten minutes later the three of them returned, took their places and
turned to face the man from the DSS. The Chairman drew in a deep breath
and began his ruling.

"In fifteen years as a member of tribunals such as these I have never
met with so disgraceful a case as this. The rejection of this claim is
blatantly cruel and entirely against the spirit of Beveridge. It is a
very sick mind that thought up this travesty of natural justice. I am
horrified to find, therefore, that I am compelled by recent case law to
find for the Benefits Agency. I can assure you, Mr Smith, that we
sought every possible loophole, but we were not able to find any. As a
token of our disgust at this morning's proceedings my colleagues and I
shall be filing as strong a protest as we can muster and submitting our
resignations to the Tribunal Service. It is with infinite regret that
we find ourselves unable to protect you from the predations of SEMA and
we can only offer you sincerest condolences in the matter. Here are
copies of our judgement in writing."

At that the tribunal rose and left the room.

Mr Smith, his face emulsified into an expression of total disbelief,
was led from the room by his mother, who was unsuccessfully fighting
back her tears.

Mr Snotslime gathered up his papers with a satisfied smirk on his face
and made his way to his car.

On his way driving home, Mr Snotslime mused happily upon the outcome.
This was now case law. The absence of a normal facility could no longer
be a reason for awarding DLA. In ten minutes he had made it possible to
deprive the blind, the deaf, amputees and a dozen other categories of
their benefit. Next time he would extend the argument to say that all
disabilities are an absence of some degree of capability and that you
cannot give help with bodily needs relating to aspects of your body
that are absent. In his imagination the plaudits of his foreign masters
were already ringing in his ears; and the bonuses for removing disabled
clients from the Benefits Register rapidly heading towards his bank
account, as he pulled into the drive of his mock Tudor suburban
villa.

This argument was recently advanced as a reason for denying Disability
Living Allowance to a young man blinded in a traffic accident. It was
thrown out by the tribunal. This story is about what might happen next
time.