Fuel poverty fighter: disabled woman challenged government’s weak benefits system

A disabled woman is currently awaiting the results from a court hearing, in which she interrogated the Department of Work and Pensions (DWP) for taking money from those who need it most and handing it to energy firms.

The DWPs operates a Third Party Deductions (TPD) scheme that gives energy and water firms the right to seize a proportion of a person’s benefits directly from their sum to repay debts. However, with inflation rates continuing to rise, those who receive benefits are not seeing an increase in the money they rely on to survive, meaning they cannot afford to lose a hefty amount.

Papers lodged by the DWP with the courts showed that in May 2021, there were over 190,000 TPDs in relation to water debts and in February 2022 there were around 35,000 TPDs in respect of electricity and about 27,000 of gas debts.

However, in September 2022, Helen Timson secured a ruling criticising the way the DWP operates the scheme – and in particular the way that the written guidance is drafted.

The ruling, would have led to the government needing to significantly alter the guidance, making it clear that benefit claimants should be given the opportunity to make representations or provide relevant information prior to the decision to make the deduction being taken.

According to legal intelligence website Lexis Nexis, the original challenge succeeded ‘on the ground that the guidance unlawfully gave the impression that representations from claimants were unnecessary before a deduction order was made.’

But rather than accept the ruling, the Government appealed the decision so it could continue to take money from vulnerable energy customers and hand it to energy firms.

Helen Timson, who lives in Leicester, said: ‘The DWP doesn’t bother to check if we are left with enough money for food or rent and firms don’t seem terribly motivated to ensure they don’t take too much or don’t take money when nothing is owed or even that they pay our money into the correct account.’

Helen told Disability News Service last summer that she had even had to cancel a cancer scan because she could not afford the taxi fare, thanks to the deductions imposed on her and, on other occasions, she has not been able to pay her rent.

According to Trussell Trust research, almost half (47%) of people using foodbanks were facing deductions from their benefits and 13% of these people faced sanctions due to action from third party groups, such as energy firms.

Stuart Bretherton of Fuel Poverty Action said: ‘Welfare benefits are supposed to be a bottom line – the minimum to cover our human rights to food, shelter, and health.

‘Yet the DWP thinks it can confiscate a quarter of this – and then pass the money to corporations that have put people in debt by charging prices many just can’t afford. They want to do this without even hearing the circumstances. Helen Timson is a hero to many for insisting that this pickpocketing of the poorest is actually illegal.’

As the court hearing went through its final day today, protestors from Fuel Poverty Action, Disabled People against Cults and the Warm this Winter campaign gathered to support Helen at the Court of Appeal in London.

Members of the public can support Helen by writing to their MPs using a template letter created by Fuel Poverty Action.

Helen Timson is currently represented by Emma Varley of Bindman Solicitors and counsel Jenni Richards KC and Tom Royston.

Image: Katt Yukawa