Who says rules are rules?

Posted in Kevin's blog on 14 June 2010 | 0 Comments

Isn’t it annoying when a petty official says, ‘Well I’m sorry. Rules are rules, so that’s it!’? - Is it? Should I thus go forth and multiply as implied?

I’m more inclined to consider the reality behind what they are saying. The beautiful English language is so full of meaning, so let’s break down this dismissive statement and consider the false assumptions being made.

‘Well I’m sorry.’ Easy. The arrogance with which this is uttered should leave you in no doubt that they are not in the least sorry.

‘Rules are rules’ Are they?

I suppose that even as a swashbuckling, sword wielding knight in shining Welfare Rights Officer armour I sometimes must admit that rules certainly appear to be rules. If the law says you have to be sixteen to claim Carer’s Allowance, fifteen won’t do. If it says that you will be paid £47.80 for lower rate Attendance Allowance, you won’t get £50. You can usually spot instances of rules appearing to be rules as there is no right of appeal.

In the benefits world however, as in many other areas of law, most rules are open to interpretation. One rule in law that enables you to get the middle rate of the care component says that it will be paid if you require ‘frequent attention from another person with your bodily functions throughout the day’. Seeing is considered to be a bodily function. Just because the decision maker thinks the attention that you need is infrequent doesn’t make the rule the rule.

‘So that’s it’ Well actually it’s not. Fortunately you often have a right of appeal that allows you to challenge what is meant by the rule. The right of appeal is a wonderful mechanism that keeps the law fresh and constantly evolving. It ensures that rules don’t become stuck as rules.

Even where there is no right of appeal, that’s not it. The rule for a long time has been that you could not get the higher rate of the mobility component on grounds of visual impairment alone. That was the rule, and almost everyone accepted that rules are rules. Some fortunately didn’t, and a massive campaign gained momentum until finally the rule was overturned. From April 2011 there will be new rules in place.

So the next time a petty official tells you that ‘rules are rules’ ask if there is a right of appeal. If they say no, then you have a right to campaign to get the rule changed.

Who says ‘rules are rules’? I rest my sword.

0 comments | Tags: Welfare Rights, Benefits, Rules