Paperwork and Bureaucracy as a Weapon Against the Poor

New Orleans   Conservatives always complain about bureaucrats and the vast governmental bureaucracy. It is painful to realize how paperwork and bureaucracy are used as not-so-secret weapons to deny mandated benefits designed to help families and children from eligible, fully qualified families. Success is defined by the ability to put barriers in the way of families already challenged and often desperate in order to deny them benefits that effect the education, health, and nutrition of their children and of course their quality of life. It is a policy weapon that is fully understood and used deliberately.

This isn’t a new problem. ACORN ran effective programs and campaigns designed to achieve what we called, maximum eligible participation. My book Citizen Wealth made the case for the huge difference it would make to low-and-moderate income families if barriers were removed so that families received the full benefits of entitlements even in political and economic environments that were unwilling to improve or expand benefits. The Reagan era crackdown on welfare recipients even before the so-called Clinton “reform” was all about using the bureaucracy to deny welfare and food stamp benefits. The Obama administration’s eliminating barriers in the wake of the Great Recession led to soaring rates of participation in food stamp programs as well as the health and education benefits of expanding benefits during the crisis.

A piece in the New York Times underscored the cynicism of punitive paperwork as public policy. The reporter cited one example after another. Washington State in 2003 required people to reestablish eligibility twice a year rather than annually, and it successfully knocked 40,000 children off of Medicaid in one year. Around the same time Louisiana wanted to increase the number of eligible children covered, “so officials simplified the sign-up process…and enrollment surged, and the number of administrative cancellations fell by 20 percentage points.” Citizenship verification using birth certificates mandated by Congress in 2006 dropped children’s Medicaid coverage until the requirement was eliminated by the Affordable Care Act in 2010. When Wisconsin started using data from other programs to determine Medicaid eligibility, similar to what ACORN’s Service Centers did when enrolling people based on data from EITC and income tax filings, they added 100,000 children in one day. The knife cuts both ways, unfortunately in this political climate it is mainly being used to cut people off.

All of this has the affect of opening and closing the dam, not of catching deadbeats or scofflaws, and politicians and governmental bureaucrats know this like they know their own names. The Trump administration’s signal that it will approve mandatory work requirements proposed by Kentucky already, and likely to be followed by another dozen states, is categorically NOT about making sure that more able-bodied are working – or volunteering – or whatever, but about slimming the rolls, saving money, and starving and killing lower income families and their children.

Making poverty a punishment is a despicable public policy.

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The IRS Enables the Return of Refund Anticipation Loans

New Orleans   Refund anticipation loans or RALs, as they were known, were one of the most predatory products on the market in their heyday targeted solely to low-and-moderate income workers who were most desperate for their tax returns. They were on the other side of the digital divide so less likely to file with the IRS electronically. The money was theirs, and tax preparers, especially the big boys of the market, H&R Block, Jackson & Hewitt, and Liberty Tax Services all exploited this desperation.

This was a 21st century national campaign for ACORN, and we forced the first negotiations with H&R Block after 330 actions in a 6 week time period during the height of the tax season, and eventually ended up with agreements with all three of the companies to wind down RALs. Disclosures of the interest rates were part all of the agreements, but it didn’t really matter since even if it said the interest rate on the loan to get their money one week earlier than the IRS would deliver it would cost them 349%, displayed in a poster or on the computer screen, if you have to have the money to pay rent or buy groceries or fix the car and you have to have it right now, disclosures, no matter how predatory don’t matter. Eventually we got HSBC to withdraw as the primary lender to the companies for RALs for what they termed, “reputational reasons” because the loans were so exploitative. Finally, the IRS and eventually other government agencies jumped in and also condemned RALs, and they finally faded from the market.

Now, thanks to the IRS, they are back, and there is even less doubt about the potential victims now. In 2017, the IRS decided to deliberately delay refunds until February for any taxpayer that claimed the earned-income tax credit or the child tax credit. These credits are only available to lower income workers. Presidents from Clinton to Bush to Obama have argued that EITC is the best and largest “anti-poverty program in the United States.”

On their website the IRS claimed they were concerned about an “error rate” of between 20 and 27% for filers in order to justify these delays. Something is fishy here. This is the IRS. The error rate should be an exact number based on information they have at hand on how many corrected filings they required, so giving a fudged number raises questions in my mind. Furthermore, their advice is to preparers who enable incorrect filings, which the IRS concedes are largely based on the complexity and confusion involved in the EITC program. Why was the pain not pushed to the preparers, rather than the families filing who were delayed unreasonably in receiving their returns? Oh, and meanwhile the number of audits of higher income filers is in the dumps now!

The preparers saw an opportunity and seized it by offering RALs again. Admittedly, these were no-interest loans this time offered against the amount of the return, and they had loan limits depending on the company’s policies. The big boys report over 1.5 million RALs are reported already this tax season with a month to go. Block did 840,000, Liberty175,000, and Jackson Hewitt 485,000. For the preparers, this is just the cost of customer acquisition, since it is cheese in the trap to catch low-income workers who would be forced to fork over the preparation cost to get their refunds.

No matter how much sugar you put in the coffee, this is once again the IRS partnering with private preparers to expand their businesses. The only real question is how long it will be before RALs are back in full and terrible force again?

The only good news in this tawdry story is that overall filings are down so far this year, so some people at least have decided to wait all of the vultures out.

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