Fraud or no fraud, that is the question

I am somewhat concerned that disabled people are in the process of shooting themselves in the foot.

Amongst all the comments and posts about David Cameron’s tax affairs and the Panama Papers on social media at present, there are also questions being asked about the fact that the Camerons claimed disability benefits on behalf of  their disabled son whilst he was still alive. The argument seems simple – should the Camerons have claimed Disability Living Allowance (DLA) for Ivan given the fact that they are a very wealthy family and had no need for the money or, was the act of claiming this benefit, fraudulent.

Simple question here, how?

The definition of fraud is wrongful or criminal deception intended to result in financial or personal gain. In what way was claiming a benefit, that Ivan was perfectly entitled to receive, wrongful or criminal deception?

It wasn’t. Therefore, in no way, can this be considered to be fraud. There might be some validity in a question being asked about the morality of a wealthy family receiving a welfare benefit but there can be no question at all asked about the legality of the claim. The Camerons were perfectly entitled to receive DLA on behalf of Ivan. He was a disabled child, the families of all disabled children were entitled to claim DLA on their behalf so the Camerons were entitled to the money they received.

I have no issue with that whatsoever.

Moreover, what they did with that money was their business and not ours. Did they spend it on Ivan or did it go straight into the family coffers? We don’t know. It could be argued that the money should have been put aside, into a trust or bank account for Ivan for when he was older, but again, why? We have no right to ask that question. If the Camerons were a poorer family, living on benefits, in social housing, needing to use a foodbank,  would we be saying the same thing?

Let’s be honest here. No we wouldn’t..

And that is tthe issue and the nub of my point. The Camerons received DLA on  Ivan’s behalf because he was disabled, not because of the amount of money the family did or did not have.

DLA – is a non-means tested benefit which is paid to a disabled person to compensate them, in part, for the extra costs they will experience because of their impairment and, in the case of disabled child, to help the parents with those extra costs. For some people and families it is more necessary to have this money than it is for others but everyone who is disabled is entitled to receive the money. Rich and poor alike.

Asking if David Cameron defrauded the benefits system by claiming DLA for his son is wrong. How could he have defrauded the system if his disabled son was receiving money, that every disabled person is entitled to receive, because of his impairment. We need to be so careful here, it almost sounds like we are asking for DLA and, nowadays, its successor, PIP, to be means tested. If we are asking if it was wrong for the Camerons to have received DLA for Ivan because they are a super-wealthy family, are we also saying that everyone who receives PIP or DLA, but also has income from another source, should not receive anything either? Are we saying that that is wrong too? We need to be very careful we don’t start, however inadvertently, saying that DLA/PIP should be means tested by questioning if David Cameron had a genuine need for Ivan’s DLA. You could argue, effectively, that of course he didn’t, but Ivan was still entitled to that money. If he were still alive, would we all be saying he should not receive DLA because his family is rich? I would hope not, because, if we did say that, we would be arguing in favour of means testing for PIP and I don’t think any of us want that. After all, does a disabled person who receives DLA/PIP, and who also works in a well paid job, have a genuine need for the benefit? Depending on how much they earn they almost certainly have enough for everything they need without any State help whatsoever but why should they? A disabled person does not ask for their impairment so, should they be penalised because of it? Of course not. Yet, by saying that David Cameron was claiming DLA fraudulently on Ivan’s behalf, that is exactly what we are doing.

Whatever else we think of him, his Party and his politics we must not allow this to colour our views by saying one rule for him and another for everyone else. His family’s tax affairs may be questionable in the extreme but there is no doubt that Ivan was a disabled person and that, as such, his family was therefore fully entitled to claim benefits on his behalf. The money received by the Camerons, however distasteful we find it that they got anything at all given their wealth, was not claimed fraudulently and we are only doing ourselves a disservice if we say anything else.  

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