The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)
I thank my hon. Friend the Member for Southend West (Mr Amess) for bringing to the attention of the House the achievements of his constituent Joanna Cranfield. By securing the debate, he has been able to shed light on her remarkable achievements as a role model for young people in this country through her work as a swimmer. I recognise many of the challenges that disabled people can face, and that is what makes Miss Cranfield a truly remarkable young lady. I am sure that all hon. Members will join me in wishing her every success as she aims to compete in the pool at the 2012 Paralympics. It seems that she has achieved such successes thanks not only to her talent but to the support of her family, and we should recognise that.
Margaret Curran (Glasgow East) (Lab)
I should perhaps have intervened on the hon. Member for Southend West (Mr Amess). I am not sure whether his constituent Miss Cranfield will be representing England or Scotland. If it is England, may I say that Scotland also recognises her great achievements and truly wishes her well?
Maria Miller
I thank the hon. Lady for her intervention, which was well timed and well made.
However much we hope that Miss Cranfield will succeed in her sporting ambitions, I hope that hon. Members here this evening will understand that I cannot intervene to ask for any individual to be treated differently. Systems are in place to ensure that support is given fairly, and if an individual disagrees with a decision about the support they are awarded, they are given the opportunity to challenge it and ask for an independent appeal process to be undertaken.
The fact that this debate has been initiated illustrates a key concern about the disability living allowance and the widespread misunderstanding of how it is assessed. DLA is paid on the basis of the particular effects that a disability has on a person’s care or mobility needs in line with the Government’s very real commitment to the social model of disability. DLA is not paid because of a specific health condition. That approach enables decision makers who decide whether awards are made to take account of what can often be a complex set of health conditions that an individual may need to manage; my hon. Friend outlined the very complex set of conditions that his constituent faces.
I would like hon. Members to be aware that very important safeguards are in place to ensure that each case gets treated fairly on its merits. Such safeguards have been available to Miss Cranfield, although I am sure that hon. Members will understand that I cannot comment on the details of her case on the Floor of the House. When an award is made, people who are unhappy with a decision are fully entitled to have their assessment reconsidered by a different decision maker. That provides an opportunity for the case to be looked at afresh. If, after that review, an individual still feels that their case has not been treated in a satisfactory manner, they can ask for the decision to be considered by an independent appeal tribunal consisting of three members: a legally qualified chairman, a doctor and a person who has experience of the issues faced by disabled people, who may indeed themselves be disabled.
Jim Shannon
I think that everyone appreciates how DLA works, and the fact that it is based on the needs of the person and the need for help with all the everyday things in their life. Perhaps consideration needs to be given to the information given by the GP, the consultant and the families, which are key factors when it comes to making a decision. As I said earlier, this is not black and white: all the facts connected with an individual person have to be considered.
Maria Miller
I thank the hon. Gentleman for his intervention. He is absolutely right that those details need to be taken into consideration. Indeed, as part of the tribunal process an individual, and others, will have the opportunity to attend the tribunal and answer questions so that its members can hear first hand the real impact that a disability or a condition can have on that person’s day-to-day care and mobility needs—just the sort of thing that he outlines. If it is considered that the decision of the first-tier tribunal ignored any material facts, or that there was an error in law, the case can be referred to the upper tier for consideration.
Benefit rules are set out by legislation agreed by Parliament, and decision makers have to comply with legislation when considering an individual’s case. I am sure that Members will appreciate that it is entirely inappropriate for me, or indeed any other Minister or MP, to try to influence or intervene in cases going through those independent review processes.
My hon. Friend referred to the fact that Miss Cranfield was in receipt of DLA until she was 16, and then her case was reassessed. DLA benefit rules are different for children and adults, and the majority of DLA awards are reviewed at the age of 16, because as people move into adulthood they often learn to manage their disability differently. It is not unusual for a person’s care needs to change. Sometimes they significantly reduce, or they may increase, but they often change in some way and we need to take that into account. For children under 16 additional conditions must be met for DLA entitlement, so the conditions to which individuals are subject are different depending on whether they are below the age of 16 or above it. For children under 16, additional conditions will include the need for care, supervision or guidance when out of doors in unfamiliar places, which must be
“substantially in excess of the normal requirements of a child of the same age”,
or it must be the case that
“they have substantial requirements which would be expected of a younger child in normal health, but which wouldn't be expected in a child of their age”.
This case illustrates a number of drawbacks with the current DLA system. That is why we are so committed to reforming what we believe is an outdated benefit and replacing it with the personal independence payment, which is more clearly understood, more objective, and better focused on the disabled people who face the greatest challenges. We also propose to review entitlement more regularly so that disabled people can easily report changes that might affect their benefit entitlement. Currently, 140,000 people on DLA since 1992 have never had their claim looked at since being awarded the benefit. About 20% of all people on DLA have not had any contact with the Department in the past 10 years, during which their care or mobility needs could have changed significantly in either direction. We plan to introduce the new personal independence payment benefit in 2013-14. Crucially, the new scheme will include an objective assessment of individual needs, which is being developed in collaboration with independent health specialists, social care and disability experts, and of course, importantly, disabled people themselves.
My hon. Friend mentioned the blue badge. I am glad to hear that his local authority, which is responsible for assessing eligibility for the blue badge, has granted his constituent a blue badge at this stage, as it will be best placed to judge the local situation. I am pleased that at least that problem has been resolved.
The debate has highlighted a number of issues that affect disabled people, and I am grateful for the opportunity to focus on the positives, as well as the shortcomings, of the current system. The Government are committed to providing the support that disabled people, especially young adults, need to live active independent lives. I believe that we are putting the right support mechanisms in place to ensure that young adults can make a full contribution—not only through DLA reform but through other schemes such as the disabled students allowance, the disability employment adviser network in Jobcentre Plus, the disabled facilities grant, increased personalisation through right to control, and the access to work scheme. Also relevant to this case is the support provided to Paralympic athletes via UK Sport, which is investing nearly £10 million of public funds in Paralympic swimming for London 2012, from the national lottery and the Exchequer. The Government provide a network of assistance to young adults such as Miss Cranfield.
I have met colleagues across Government to ensure that we support disabled athletes as much as possible, particularly in the run-up to the Paralympics. I shall be happy to write, as my hon. Friend requested, to my counterpart at the Department for Culture, Media and Sport—although that is not the Secretary of State—to ensure that Miss Cranfield is aware of the full support available to athletes in her position. I hope that hon. Members will back the Government’s work to enhance the effectiveness of support for disabled people of all ages. Many of us feel strongly that Paralympians can be incredible role models for both disabled and non-disabled young people in our community. It is important that they receive the appropriate support to reach their potential and to do their best, not only in the Paralympics but in other events.
I conclude by wishing Miss Cranfield every success in the coming months leading up to the Paralympics, and by recognising the remarkable support that she has received from her family and the broader community in my hon. Friend’s constituency, which has helped her to achieve her goals. Above all, I hope that we will see her achieve her ambition of representing our country at the 2012 Paralympics. I wish her the best of luck.
Question put and agreed to.