This book uses previously unknown archive materials to explore the meaning of the term ‘incapable of work’ over a hundred years (1911–present). Nowadays, people claiming disability benefits must undergo medical tests to assess whether or not they are capable of work. Media reports and high profile campaigns highlight the problems with this system and question whether the process is fair. These debates are not new and, in this book, Jackie Gulland looks at similar questions about how to assess people’s capacity for work from the beginning of the welfare state in the early 20th century. Amongst many subject areas, she explores women’s roles in the domestic sphere and how these were used to consider their capacity for work in the labour market. The book concludes that incapacity benefit decision making is really about work: what work is, what it is not, who should do it, who should be compensated when work does not provide a sufficient income and who should be exempted from any requirement to look for it.
Erscheinungsdatum: 18.07.2019

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Gender, work and social control : ǂa ǂcentury of disability benefits

432014_1_En_Print.indd

Gulland, Jackie

0007855

Palgrave Macmillan, an imprint of Springer

Palgrave Macmillan : Springer Nature

Macmillan Education UK

Red Globe Press

Palgrave Macmillan socio-legal studies, London, United Kingdom, 2019

1st ed, Place of publication not identified, 2019

United Kingdom and Ireland, United Kingdom

1st ed. 2019, PS, 2019

Jul 10, 2019

2, 20190717

lg2411689

producers:
Acrobat Distiller 10.0.0 (Windows)

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Source title: Gender, Work and Social Control: A Century of Disability Benefits (Palgrave Socio-Legal Studies)

Acknowledgements 7
Contents 10
Abbreviations and Acronyms 12
Table of Cases 13
1 Introduction 16
Incapacity for Work 16
Sweeping the Path: The Case of Mrs E 17
Disability 20
Gender 23
Work 25
Social Control 27
Sources for the Book 29
Structure of the Book 31
References 32
2 From National Insurance in 1911 to Employment and Support Allowance 38
Introduction 38
The National Insurance Act 1911 38
Appeals Under the National Insurance Act 1911 40
The National Insurance Act 1946 and the Post-war Welfare State 41
The Creation of New Benefits for Disabled People in the 1970s 42
Incapacity Benefit and a New Medical Test 42
Employment and Support Allowance 43
References 44
3 Only Those Unconscious or Asleep: Definitions of Incapacity for Work 47
Introduction 47
Statutory Definitions 47
Sickness, Disability and the Six-Month Guideline 49
Control Measures for Short-Term Claims 53
The Relevance of Social Barriers in Defining Capacity for Work 58
Incapacity Benefit and the “Objective Test” 59
Employment and Support Allowance and Increasing Conditionality 61
Conclusions 63
References 64
4 The Necessity of Questioning the Doctor: Medical and Other Evidence 67
Introduction 67
The Medical Certificate 70
Medical Referees and the Regional Medical Service 71
Sick Visitors 79
Sick Visitors After 1948 80
Claimant and Other Evidence 81
Incapacity Benefit and the Move to Points-Based Assessment 85
Employment and Support Allowance 86
Conclusions 89
References 90
5 Bridge Toll Attendants and Driving a Quiet Horse: The Labour Market and Structural Barriers to Work 93
Introduction 93
The Relationship Between Unemployment and Incapacity 95
Statutes and Case Law 96
Attachment to the Labour Market 98
Alternative Work 103
Attachment to the Labour Market After 1948 107
Using the Social Model of Disability to Understand Incapacity for Work 110
Conclusions 119
References 119
6 Fit for the Ordinary Work of the Home: Women and Domestic Work 122
Introduction 122
Legislation and Case Law 123
Housework in the Interwar Sickness Benefits Scheme 124
Married Women and Housework After 1948 132
The Pinnacle of Household Duties—The Case of HNCIP 140
Domestic Work in the 1990s and Today 143
Conclusions: Housework as a Form of Conditionality or as Evidence of Capacity for Work 144
References 145
7 Not Incapable of Playing Bingo: Ideas About “Work” in Incapacity Benefits 147
Introduction 147
Legislation and Case Law 148
Paid Work 149
Unpaid Work 155
Permitted Work 158
Work as an Individual Activity 159
The Opposite of Work 163
Conclusions 164
References 165
8 Immoral Conduct: Moral Regulation in Incapacity Benefits 167
Introduction 167
Sanctions 168
Misconduct Before a Claim 170
Behaviour During Sickness Rules 182
Moral Regulation After 1948 185
ESA and Moral Conditionality Today 189
Conclusions 191
References 191
9 Unacceptable Snooping: Sick Visitors and Other Methods of Surveillance 194
Introduction 194
Sick Visitors as Detectives 195
Local Knowledge and Acting on Tip-Offs 200
Sick Visiting in the 1930s 204
The 1940s and the Transition to a State System 205
Professionalisation of Sick Visitors and Training in the 1950s 206
Medical Surveillance 209
Conclusions 211
References 212
10 Conclusion 214
References 219
Appendix Sources and Methods 221
Archives 221
The National Archives, London 221
London Metropolitan Archive, London 222
National Records of Scotland, Edinburgh 222
Prudential Assurance Company Archive, London 222
Public Record Office of Northern Ireland, Belfast (PRONI) 223
Working Class Movement Library, Salford (WCML) 223
British Newspaper Archive (Online) 223
Sources for Appeal Cases 223
Published Appeal Cases 223
Archived Appeal Cases 224
Analysis, Ethics and Anonymity 224
Reference 226
References 227
Index 240

This book uses previously unknown archive materials to explore the meaning of the term 'incapable of work over a hundred years (1911-present). Nowadays, people claiming disability benefits must undergo medical tests to assess whether or not they are capable of work. Media reports and high profile campaigns highlight the problems with this system and question whether the process is fair. These debates are not new and, in this book, Jackie Gulland looks at similar questions about how to assess peoples capacity for work from the beginning of the welfare state in the early 20th century. Amongst many subject areas, she explores womens roles in the domestic sphere and how these were used to consider their capacity for work in the labour market. The book concludes that incapacity benefit decision making is really about work: what work is, what it is not, who should do it, who should be compensated when work does not provide a sufficient income and who should be exempted from any requirement to look for it. -- Provided by publisher

Front Matter ....Pages i-xvii
Introduction (Jackie Gulland)....Pages 1-22
From National Insurance in 1911 to Employment and Support Allowance (Jackie Gulland)....Pages 23-31
Only Those Unconscious or Asleep: Definitions of Incapacity for Work (Jackie Gulland)....Pages 33-52
The Necessity of Questioning the Doctor: Medical and Other Evidence (Jackie Gulland)....Pages 53-78
Bridge Toll Attendants and Driving a Quiet Horse: The Labour Market and Structural Barriers to Work (Jackie Gulland)....Pages 79-107
Fit for the Ordinary Work of the Home: Women and Domestic Work (Jackie Gulland)....Pages 109-133
Not Incapable of Playing Bingo: Ideas About “Work” in Incapacity Benefits (Jackie Gulland)....Pages 135-154
Immoral Conduct: Moral Regulation in Incapacity Benefits (Jackie Gulland)....Pages 155-181
Unacceptable Snooping: Sick Visitors and Other Methods of Surveillance (Jackie Gulland)....Pages 183-202
Conclusion (Jackie Gulland)....Pages 203-209
Back Matter ....Pages 211-241

2019-09-18