Welfare (Terminal Illness)
Justin Tomlinson ExcerptsWednesday 22nd July 2020
(4 years, 4 months ago)
Commons ChamberRead Full debate Welfare (Terminal Illness) Bill 2019-21 View all Welfare (Terminal Illness) Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts
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Jessica Morden (Newport East) (Lab)
I beg to move,
That leave be given to bring in a Bill to make provision about terminally ill people in the welfare system. The aim of this Bill is to encourage the Government to address the failures of the special rules for terminal illness, which do not fast-track some terminally ill people for benefits, and to make it easier for terminally people to access the benefits that they need. In particular, it addresses the need for urgent action to reform two aspects of the special-rules guidelines that are a source of distress and difficulty for people living with terminal illness. They are the six-month rule which, under section 82 of the Welfare Reform Act 2012, obligates someone to provide medical proof that they have six months or less to live so that they can access benefits quickly and at a higher rate; and the three-year award—a Department for Work and Pensions guideline forces terminally ill people to reapply for benefits if they live longer than three years after the benefit is awarded. As I hope to outline clearly, those two deeply unfair rules are the source of much distress and anguish for individuals and families dealing with the shattering consequences of terminal illnesses such as motor neurone disease, terminal cancers, advanced lung and heart conditions and a range of neurological conditions, which are equally affected.
I want to begin by paying tribute to all the campaigners and charities who have campaigned so tirelessly for a change in legislation, particularly the Motor Neurone Disease Association and Marie Curie, which collaborated with the all-party parliamentary group for terminal illness on its report “Six months to live?”, published last year. I am really grateful that the APPG’s chair, the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), is co-sponsoring my Bill. I would like to thank some of the other charities that have campaigned on this, including the British Lung Foundation, Sue Ryder, Macmillan and St David’s Hospice in Newport.
I also want to pay tribute to my friend Madeleine Moon, the former Member for Bridgend, who did so much good work on this issue during her time as chair of the all-party group on motor neurone disease. Madeleine cared for her late husband, Steve, who died from motor neurone disease in 2015, and dealt at first hand with the mental and emotional toil that comes with supporting a loved one with terminal illness. The Bill she brought to the House on this issue in 2018 is the inspiration for this Bill being brought forward today, and I have no doubt that the pressure that Madeleine and other campaigners exerted urged the Government to announce a review in July 2019.
We are now over a year on from the review being launched, and there is still no official news from the Government. However, having spoken to the Secretary of State yesterday, I know that an update is near. I appreciate that there have been some unforeseen disruptions, and the review was paused during the covid-19 pandemic, but in the time that has passed since the review was announced, more than 2,000 people will have died from motor neurone disease alone. Tragically, many of those individuals could have spent the last months of their life struggling to access the benefits that they desperately need.
The special rules for terminal illness claims process is intended to enable people who are terminally ill to access benefits rapidly without going through the standard application process. A claim under the special rules requires a person’s doctor, consultant or specialist nurse to submit a DS1500 form stating that the person is likely to die within six months. That forces people who have unpredictable terminal illnesses or those expected to live longer than six months to apply via the standard claims process, which involves filling in long forms, attending assessments, delays in payment, lower rates and even meeting work coaches, all while waiting months for payments. Clearly, that is highly inappropriate for people who have been given the devastating news that their condition is terminal.
Statistics available for the personal independence payment, which is just one of the benefits impacted by the legislation, illustrate the human cost of the flaw in the system. Between 2013 and 2018, 74,000 PIP claimants died within six months of making their claim. However, around 10% of those people—nearly 8,000—saw their claims disallowed by the Department for Work and Pensions, including more than 1,000 who claimed under the special rules and 3,680 who died within three months of their application being disallowed. Last year alone, 1,820 PIP claimants died within six months of registering a claim that was disallowed at the initial decision.
As things stand, only 50% of the people diagnosed with motor neurone disease claim personal independence payment under special rules because of the six-month rule. It is unfair to ask some people with terminal illnesses to apply through the normal rules because they might have a slightly longer life expectancy than others, or because it is not possible to accurately predict that they are in the last six months of life. That is especially true for inherently unpredictable conditions such as motor neurone, where the rate of disease progression varies from case to case and doctors cannot give a precise prognosis of life expectancy. That is true for other conditions. For example, people with chronic obstructive pulmonary disease can experience sudden and potentially fatal worsening of their condition, which is often brought on by infections. Research from Marie Curie showed that the accuracy of prognostic estimates for terminally ill patients in the UK varies significantly, from 23% to 78%. This failing system must be changed to allow for a sensible degree of flexibility, and that means bringing an end to the six-month rule.
It is not just campaigners who are calling for an end to the rule. Earlier this month, the High Court in Northern Ireland ruled that the six-month limit was discriminatory and “manifestly without reasonable” justification. As the MND Association, Sue Ryder and other charities have repeatedly emphasised, clinical guidance should be the starting point for benefit eligibility criteria for people with a terminal illness. They ask that a medical practitioner or clinical nurse make a clinical judgment that the person has a progressive disease that can reasonably be expected to cause death.
The unpredictability of terminal illnesses is the important reason why the separate but related three-year award needs to go. It is a clear anomaly that terminally ill benefit claimants whose condition has no prospect of improvement are eligible for shorter awards through the special rules than those who claim through the standard process. For example, ESA support group claimants with progressive conditions are entitled to the severe conditions exemption, giving them a lifetime award, while higher-rate PIP claimants can qualify for an ongoing award with a light-touch review at the end of the 10-year point. However, claimants using the special rules process are not able or eligible to receive either of those longer awards and receive a maximum three-year award. Emma Saysell of St David’s hospice in Newport rightly highlights that many people who have reached this point are nothing like they were when the benefit was first awarded and will never be any better than they are at that point. It is a cruel, absurd and disturbing injustice that people who are extremely ill, including some who are paralysed, ventilated or unable to speak, are receiving letters telling them benefits will stop unless they make a new claim.
Last month, at Work and Pensions questions the Minister said that both he and the Secretary of State would make changes to the status quo shortly. I obviously welcome that indication, and I hope “shortly” means very soon indeed—
The Minister for Disabled People, Health and Work (Justin Tomlinson)
indicated assent.
Jessica Morden
And I think it probably does mean that from the Minister’s indication.
In his comments, the Minister also cited three areas for potential changes: the six-month rule, improving consistency in the system and raising awareness to ensure that people know what is available to them through the special rules. I agree with Macmillan that any reform of the special rules should be accompanied by a renewed programme of engagement with clinicians to ensure they are properly supported to implement them. I also hope we can address the issue of non-medically trained assessors challenging doctors.
The Bill is not a money Bill, but it does call again on the Government to look at changes that can and should be made. In Scotland, which has some devolved powers in this area, the Scottish Parliament passed the Social Security (Scotland) Act in 2018, thus removing the six-month restriction. The changes in Scotland will provide an indefinite award to claimants under the special rules, rather than a maximum of three years.
In 21st century Britain we cannot tolerate a situation where our most vulnerable citizens and their families are forced to spend their final months together wrestling with the complexities of an obstructive benefits system. In a recent MND meeting in Parliament, a daughter quoted her father as saying:
“It was degrading to feel that I had to beg for financial support from a system I had paid into most of my life. I felt abandoned and reduced to a number.”
The word “terminal” should be enough. It should not be about time, as no one can guarantee how long the terminally ill will live, regardless of their prognosis. The criteria for the terminally ill need to change before more people suffer at the hands of this system.
As Madeleine Moon said so powerfully in a speech in this place back in 2018 when she was an MP:
The unknown time you have must not be spent worrying about accessing benefits or keeping a roof over your head; it must be spent in love, laughter, and taking the painful journey together with dignity and compassion.—[Official Report, 18 July 2018; Vol. 645, c. 456.]
I ask the Government to look at this matter again: to publish the details of the review and consider making suitable provisions to ensure that our welfare system works for the people it was built to serve in their time of need.
Question put and agreed to.
Ordered,
That Jessica Morden, Peter Aldous, Drew Hendry, Hywel Williams, Dr James Davies, Tonia Antoniazzi, Chris Evans, Carolyn Harris, Judith Cummins, Matt Western, Nick Smith and Mark Tami present the Bill.
Jessica Morden accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 27 November, and to be printed (Bill 169).
Health Transformation Programme Update
Justin Tomlinson Excerpts(4 years, 4 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
I would like to update the House on the Department’s plans and progress, under the health transformation programme, to reform assessment services for employment and support allowance, universal credit and personal independence payment (PIP). Owing to covid-19, we have had to review our commercial approach and our revised approach is set out below.
There is no change to our ambition: the Government remain committed to developing a transformed service that will support those with disabilities and health conditions, through:
the creation of a single, integrated health assessment service;
a single digital platform developed by DWP;
developing this new service on a small scale in a defined part of the country, by creating a transformation area, which would be a safe environment to test, adapt and learn from new ideas and processes.
These measures will make a real difference to the millions of claimants who use our services.
We had previously announced that we would be undertaking a procurement exercise to establish contracts for conducting work and capability assessments (WCA) and PIP health assessments from 1 August 2021. The impact of covid-19 means it is not possible to launch that procurement at this time.
We recognise that it is vital for our claimants to have a safe and stable service. Consequently, my Department intends to explore options to extend the current contracts for up to two years, which will ensure continuity of services when the current contracts end on 31 July 2021. We will continue to review these extensions to ensure we only extend for the time we need to effectively respond to the consequences of covid-19.
The extension period will provide time to fully understand and evaluate the impacts of covid-19 on these critical services, ahead of future procurements.
We recognise that there are positive lessons to be learned from our experience of delivering our services during covid-19, and the changes we introduced. We are reviewing these and they will inform future delivery, where appropriate. We expect these to be reflected in our wider transformation plans, including the forthcoming Green Paper and subsequent policy decisions regarding the delivery of health assessments.
A key objective of the health transformation programme is to improve the trust and transparency in the assessment process. We remain focused on improving the claimant experience and we will continue to work with stakeholders to ensure their insights and experiences are incorporated into the development of the new single, integrated health assessment service and to ensure we are delivering the high quality service claimants rightly expect and deserve.
[HCWS353]
Oral Answers to Questions
Justin Tomlinson Excerpts(4 years, 4 months ago)
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Bambos Charalambous (Enfield, Southgate) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We have temporarily suspended face-to-face work capability assessments so that we do not place people at unnecessary risk. Healthcare professionals continue to make recommendations based on paper-based evidence where possible, and we have introduced telephone assessments. We are in the early phases of delivering telephone assessments and are closely monitoring the processing times.
Bambos Charalambous
One of my constituents who has progressive multiple sclerosis and is partially paralysed on his left side had to undergo a work capability assessment by phone. This resulted in his personal independence payment being cancelled, and then reviewed and reinstated at a lower rate. The decision is now being appealed so that he can get the higher level of PIP that he was previously on. Does the Minister agree that stringent safeguards need to be in place when making such telephone assessments to ensure that poor decisions are avoided?
Justin Tomlinson
I absolutely agree. We have independent audits looking at this. We are in the early stages of using telephone assessments, and there is a mix of the benefits because the WCA is separate from PIP. PIP is a few weeks further on in terms of using telephone assessments. Stakeholders welcome the opportunity and it is something we will explore in the Green Paper. However, I am happy to look at the individual case.
Dehenna Davison (Bishop Auckland) (Con)
Andrew Gwynne (Denton and Reddish) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We have made changes so that statutory sick pay and employment and support allowance are payable to people who are self-isolating, including those who are shielding and who satisfy the conditions of entitlement. We have removed the waiting days, so these are paid from day one, and households may also be able to claim universal credit.
Andrew Gwynne [V]
But the lowest-paid in this country and about 3 million self-employed and others are excluded from what is already one of the lowest rates of statutory sick pay in Europe. As test and trace is stepped up, many of those will be told to self-isolate, potentially multiple times, so how does the Minister propose that we can emerge safely from lockdown if people are not supported in these circumstances? What is he going to do about this group?
Justin Tomlinson
In addition to providing support through statutory sick pay, we are expecting employers to do the right thing, and we will be working with employers to make sure employees can transition back to work safely. That is underpinned by the Equality Act 2010, and the Department for Business, Energy and Industrial Strategy and the Health and Safety Executive will continue to provide proactive guidance to employers.
Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
At DWP questions on 11 May, I asked the Minister whether his Department would increase legacy benefits, such as employment and support allowance, to help shielding and disabled people cover the increasing costs of basic items such as food, toiletries and personal protective equipment for themselves and their carers. Seven weeks on, can the Minister update us on how much progress his Department has made? As we move towards planning for a potential second wave, it is vital that we get this right.
Justin Tomlinson
As a Department, we have rightly put an additional £6.5 billion into welfare support, on top of the £500 million hardship fund provided to local authorities. I welcome the further additional £63 million to boost council welfare support so that no one goes without food and other basic necessities in the coming months.
Scott Benton (Blackpool South) (Con)
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The evaluation remains a priority for the Department. We have made good progress and expect to be able to provide an update on the outcome of the evaluation shortly.
Chris Evans
Motor neurone disease is an utterly wicked, terrible disease. Those who have it are locked in and see their bodies waste away, while their families watch their loved ones slowly slide away. However, only 50% of those people diagnosed with motor neurone disease can claim under the personal independence payment special rules—about which the Minister knows—because of the six-month life expectancy rule; the others have to go through the standard procedures, which can lead to delays. The Department launched a terminal illness review more than a year ago. The Minister has it in his gift to change the rules and ensure that all people with motor neurone disease are allowed to claim under the PIP special rules. On behalf of all those families who are suffering—it is only a small number—I ask him: will he make that change today?
Justin Tomlinson
I thank the hon. Member for setting out powerfully the torment and challenges that MND sufferers face; he has been a champion of their cause in Parliament. I am grateful for the part that the Motor Neurone Disease Association, Hospice UK, Macmillan, Marie Curie, Sue Ryder, the national nurse consultant group and others have played in the evaluation. The Secretary of State and I are passionate about making changes: it will not be the status quo. Covid-19 caused a delay to the final part of the consultation with the medical professionals, but we will bring forward a change shortly.
John Lamont
I know that the Minister will be aware that the benefits awarded under the special rules for terminal illness last for three years, but on behalf of my constituent Doddie Weir, the former Scotland rugby player, who has been campaigning on the issue, will my hon. Friend consider scrapping the three-year limit on awards under the special rules to avoid distressing situations for those suffering with MND and other terminal illnesses?
Justin Tomlinson
I thank my hon. Friend for raising this. I know that he has campaigned hard on the matter. We are reviewing all areas. The key three themes are: the six months and not having the status quo; improving consistency; and raising awareness to ensure that all those who will benefit from the special rules know what is available.
Geraint Davies (Swansea West) (Lab/Co-op)
Neil O’Brien (Harborough) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
As a Government, we are currently spending £55 billion supporting disabled people and those with long-term health conditions. The level of financial support will reflect the level of disability or condition of the claimant.
Neil O’Brien [V]
I thank the Minister for his advice the other day regarding my disabled constituent Tom Hipgrave. Although the support provided by PIP is vital, what more is my hon. Friend doing to help those with severe disabilities, like Tom?
Justin Tomlinson
My hon. Friend is a very diligent representative of his constituents, as I saw with the casework he raised. Our forthcoming Green Paper is key, as is our national strategy for disabled people, where we will explore other ways to offer greater support, such as advocacy, signposting and removing barriers across Government and in wider society.
Nick Smith (Blaenau Gwent) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
When it is safe to do so, I would love to visit and see the work of RCS. I pay tribute to the great work it is doing in its community. We understand the role of good mental wellbeing and helping individuals into the job market, and in Wales we have provided £1.3 million to test the new individual placement and support. We also provide contracted employment support programmes specifically tailored to disabled people and people with long-term health conditions, as well as administering the Access to Work scheme and the Disability Confident campaign.
Grahame Morris (Easington) (Lab)
Stuart Anderson (Wolverhampton South West) (Con)
Justin Tomlinson
I can absolutely reassure my hon. Friend that disabled people will be at the very heart of the consultation on both the Green Paper and the national strategy for disabled people. As soon as it is safe to do so, we will begin the roadshow of consultation across the whole country, making sure that all voices are heard and shape our future priorities.
Rushanara Ali (Bethnal Green and Bow) (Lab)
Greg Smith (Buckingham) (Con)
Justin Tomlinson
That is a very important point. We are looking at additional ways we can support people, through Access to Work, to travel to and from their home to work and in terms of their ability to work from home. There are opportunities for us to make some of those changes more permanent as we start to return to normality.
Alison Thewliss (Glasgow Central) (SNP)
Oral Answers to Questions
Justin Tomlinson Excerpts(4 years, 6 months ago)
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Craig Tracey (North Warwickshire) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
To provide greater financial security at this time, we have automatically extended by six months PIP—personal independent payment—awards for existing claimants that are due to be reviewed or reassessed and have suspended all face-to-face assessments of disability benefits for three months.
Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
Disabled people are facing increased costs for food, medicine and personal protective equipment for carers, yet there has been no uplift in legacy benefits to match the £20 increase to universal credit and working tax credits. What steps is the Department taking to rectify this? I am aware that issues with the system have made this difficult to deliver at speed, but what is the Department doing to ensure that some of the most vulnerable members of our society are not left out of pocket during this crisis?
Justin Tomlinson
On behalf of the ministerial team, I would like to welcome the new shadow ministerial team. I look forward to working constructively with them.
In addition to the more than £1,000 increase to the universal credit standard rate, we have seen the annual benefit uprating of 1.7% across all our benefits. With disability benefits in particular, we have continued to make sure the gateway remains open, that claimants can have their assessments reviewed and that those with a terminal illness are being fast-tracked. We are doing all we can to get support to the most vulnerable people as quickly as possible.
Craig Tracey [V]
Can the Minister give further guidance specifically on PIPs? I have been contacted by several constituents who are either looking to access them for the first time or due a reassessment. With face-to-face assessments understandably suspended due to the pandemic, will the Minister confirm what action the Department is taking to ensure that my constituents can access this vital support as quickly as possible?
Justin Tomlinson
My hon. Friend is diligent in championing the issues that his constituents face. We have rightly continued to accept new claims; we are allowing reviews where claimants accept them, particularly where their condition may have deteriorated and they could be eligible for greater financial support; and we are prioritising terminally ill claimants. I know that that work has been very warmly welcomed by stakeholders.
Munira Wilson (Twickenham) (LD)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The Government recognise and appreciate the vital role played by unpaid carers now more than ever. We have already made changes to the carer’s allowance rules to reflect changes to patterns of care during the current emergency. Since 2010, the rate of carer’s allowance has increased from £53.90 to £67.25 a week, meaning nearly an additional £700 a year for carers.
Munira Wilson [V]
My constituent, Natalie Hay, is a full-time unpaid carer for her son, who has Lyme disease and ME. She is entitled to that paltry £67 per week as long as she does not earn any more than £128 per week, but with the pandemic, she is having to shield her son and home-school two children and has lost all respite care and additional support, so a few hours’ paid work is out of the question. She feels completely forgotten about by the Government. Does the Minister think it is possible to live on the equivalent of £1.91 per hour, and will he commit—
Justin Tomlinson
Rightly, we target support at those most in need—those with low incomes—and they could, through universal credit, receive an additional £1,950 per year through the universal credit carer’s element, plus the extra £1,040 universal credit standard rate increase, which is the equivalent of the jobseeker’s allowance rate. I would encourage the claimant to look at all available support that they are entitled to.
Karin Smyth (Bristol South) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The access-to-work support has prioritised payments, including those to key workers, and where possible is making payments the same day. Key worker and new employee applications are being cleared urgently. Additionally, I am pleased to announce access-to-work recipients can now email claim forms as a reasonable adjustment.
Karin Smyth [V]
On 4 May, the Secretary of State assured the House that the Government would provide an automatic extension of PIP awards that are due to expire during the coronavirus virus pandemic. Can the Minister confirm that this extension applies to all claimants, including those who received an award following an appeal?
Justin Tomlinson
Obviously, PIP is different from access to work. There was an issue for those on fixed-term, short awards, but we have now addressed that, and those claimants will continue to get an automatic six months’ extension if it is due in the next three months.
Statutory Sick Pay and Protection for Workers
Justin Tomlinson Excerpts(4 years, 8 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
We are in extraordinary times. The coronavirus pandemic is the most serious public health emergency that our nation has faced for a generation, but the Government will do whatever it takes to get our nation through it. We all need to pull together. We can, must and will get through this.
Before I proceed to the main part of my speech, I want to pay tribute to all our fantastic staff, particularly those on the front line who are doing their level best, where they can, to enable some of the most vulnerable people in society to continue to receive benefits, and to enable those who now need to gain access to those benefits to do so. The spirit of this debate shows Parliament at its best—we are all seeking to work in partnership.
These are uncharted times, and there are new things coming forward. I have talked to lots of stakeholders in the past few days as we have made announcements about our Department. In normal times, we could spend 18 months developing policies—testing them, carrying out engagement up and down the country, and talking to people with real-life experiences to make sure there are no unintended consequences—but we are on a daily basis having to review things. It is a credit to the Opposition that this debate is being conducted in a spirit of partnership, so that we can look at and feed in things that need to be considered to provide further support—I know that more support will come forward on a daily basis.
Our policy is to protect lives and fight this virus with everything we have. Everyone should follow Government guidance to control the spread of the disease. Those who have a high temperature or a new contagious cough, and those who share a home with people presenting these symptoms, should stay at home in self-isolation for 14 days. Everyone should avoid unnecessary travel and social contact with others, and people who can do so should work from home. That will help to protect the NHS and safeguard the most vulnerable.
I reassure the House that the Government will provide a safety net and support for individuals during this testing time. Everybody will be supported to do the right thing, and the Government will help employers to support their employees to do the right thing.
Jim Shannon (Strangford) (DUP)
The Minister is very dutiful in doing his job, for which I thank him, but I have had contact today from a mother who is isolating because of her child. Is she eligible for sick pay from the Government, or does she have to take unpaid dependants’ leave, which would be very unfair? Just how can that work?
Justin Tomlinson
When people in work are isolating due to Government guidance, which seems to be the case in the circumstances that the hon. Gentleman describes, they would be eligible for statutory sick pay through their employers. In addition, it is always worth their looking on gov.uk to see whether they can get additional support through the welfare system, whether universal credit or new-style ESA.
Neil Gray (Airdrie and Shotts) (SNP)
Like the Minister and other hon. Members, I am looking to be collaborative, as I generally try to be, particularly in this type of circumstance, but the issue raised by the hon. Member for Strangford (Jim Shannon) typifies the confusion surrounding the guidance and support for people, which was why my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) recommended at Prime Minister’s questions some form of minimum income guarantee that would cover all these issues and mean that people could just do what is right at the right time without having to worry about the financial consequences. Is the Department looking at that?
Justin Tomlinson
I thank the hon. Gentleman. I have said many times at the Dispatch Box that I admire the way that he contributes and offers support in trying to help some of the most vulnerable people in society. There were two aspects to his question, the first of which was about general communication. These are fast-moving events, and all constituency MPs are getting a lot of correspondence that asks very reasonable questions. We are trying to give answers that are as good as possible, but we really have to keep pushing people towards the gov.uk website, on which there is consistent communication. On the second point about a minimum net, that is where the welfare system comes into play, because statutory sick pay—it is important, and I will go over that—applies in only some cases, whereas the welfare safety net applies to all who need it.
Carolyn Harris (Swansea East) (Lab)
I believe the Minister will know that cross-party working is in my DNA, and I really do want to do everything I can to make sure we get this right. This is a personal but pertinent point: my son Stuart is self-employed; he has a wife who has had dialysis since she was 14, and a 10-year-old son, Liam. They are all self-isolating; Stuart does not have an income. They live in rented accommodation and utilities are essential to keep the dialysis going. I have a very frightened family and very many frightened constituents. We would be most grateful for any clarification on what we can do.
Justin Tomlinson
I have worked very closely with the hon. Lady on a number of issues, and I know that she is held in huge respect across both sides of the House.
Prior to being an MP, I ran my own business, so I understand the concerns of self-employed people who have suddenly overnight seen dramatic changes to their cash flow and ability to trade as a business. I absolutely understand the worries that people will have, which is why we are allowing access to statutory sick pay or, depending on people’s personal circumstances, looking at whether they can turn to new-style ESA—the contributory benefit—which is probably the case for the self-employed, or the wider support offer through universal credit and the welfare net. People would need to look at their circumstances and talk to the jobcentres. We are all trying to do our best to provide as much certainty as possible, as quickly as possible, through the daily updates.
Bill Esterson (Sefton Central) (Lab)
The Minister will know that many people are really worried about the financial impact of self-isolation, whether they are sick or not. He has mentioned sick pay a few times and the alternatives of universal credit and ESA, but those sums simply will not pay the rent or the bills, or put food on the table. The Minister also mentioned the speed at which action is needed and how much faster his Department is having to react then normal. If it takes till next week to put in place legislation, many more people will have not taken action to protect themselves and everybody else. Action is needed now and people need the money now. Will he please respond on that point?
Justin Tomlinson
I absolutely understand the point that the hon. Member makes. These are extraordinary times, and collectively we are all trying to identify the right levels of support as quickly as possible. In pure cash terms, the fiscal support that we have already provided at this stage of the curve is almost the highest around the world, but this is not complete. As events progress, we have to do more and we can expect more announcements. I understand that in an ideal world we could announce everything straight away, but we have to make sure that it is right, we have to react as things come forward, and we have to communicate as quickly and clearly as possible. We do understand that.
Justin Tomlinson
Let me make a little progress, because I think I am about to cover some of the things being asked about. I promise that I will take more interventions.
Extraordinary times call for extraordinary measures, which is why we have extended statutory sick pay to those who are self-isolating in line with the latest Government health guidance. The guidance is available online on gov.uk and ensures that eligible individuals, whether they are sick or self-isolating, will be entitled to statutory sick pay if they are unable to work because they are following Government advice.
The upcoming emergency Bill will mean that for people affected by coronavirus, statutory sick pay will be payable from day one, instead of day four, and currently it will be backdated to 13 March. We removed those waiting days to get support to people as quickly as possible. These are crucial measures to ensure that employees do not attend work when they should stay at home to help to keep themselves and others safe. The circumstances are exceptional and we urge employers to do the right thing, use their discretion and respect the medical need to self-isolate.
Statutory sick pay is a legal minimum, and employers can offer more. Where possible, employers should support their employees to work from home to help to slow the spread of the virus. If employers do feel the need to require evidence, people who are advised to self-isolate for coronavirus will soon be able to obtain an alternative to the fit note by contacting NHS 111 rather than visiting a doctor. We are all aware of the need to protect GP surgeries so that they can concentrate on key areas of work.
Accordingly, the Government will ensure that businesses are supported to deal with the temporary economic impact of the outbreak of coronavirus. Small and medium-sized enterprises are at the heart of our economy, symbolising the hard work and enterprising spirit of our nation. To support such employers with the increased costs of sick pay, the emergency Bill will provide that employers with fewer than 250 employees can reclaim up to two weeks’ statutory sick pay for sickness absences related to coronavirus. That includes those who are required to self-isolate in line with Government guidance. The measure could provide more than £2 billion of support for up to 2 million businesses, and will be crucial to ensure that our economy keeps running.
The measure on statutory sick pay is in addition to others to support businesses that were outlined by the Chancellor yesterday: £330 billion of Government-backed and guaranteed loans; additional cash grants of up to £25,000 for businesses in the retail, hospitality and leisure sectors with a rateable value of less than £51,000; and cash grants of £10,000 to 700,000 of our smaller businesses. The Government will do whatever it takes to support our economy.
Of course, not everyone is eligible for statutory sick pay, which is paid by employers. Gig workers and those on zero-hours contracts may be entitled to sick pay, and should check with their employer, but millions of hard-working people who are self-employed or in the gig economy will need our help, too. That is why we are making it easier to access benefits during this period.
The shadow Secretary of State talked about disability benefits and the announcement that we made earlier this week. The first decision was to remove face-to-face assessments, because we recognise that a significant proportion of those who could be claiming disability benefits are vulnerable. We want to avoid them needing to travel unnecessarily and to sit in busy waiting rooms, so we decided to stop face-to-face assessments. However, we do not want to stop new people gaining access to the support that they are entitled to, so we are seeking to continue to do paper-based and telephone reviews, but prioritising those who are new claimants, and looking at the workforce on a daily basis.
Stephen Timms (East Ham) (Lab)
I very much agree with the policy that the Minister is setting out. Will he clarify the intention for reassessments? He will know that Mind and one or two others have suggested that reassessments ought not to go ahead at the moment, partly because it is very difficult for people to get medical evidence in support of their reassessment claim at a time when doctors are very busy with something else.
Justin Tomlinson
I absolutely understand that point, and the right hon. Member and I discussed it when we first made the announcement. The absolute priority has to be new claimants who are seeking to get support through the disability benefit system, so we are looking on a daily basis at what we can do. I do not envisage that we will be able to do much beyond that, but I want to make sure that new claimants can get support. That was why, at the beginning of my speech, I paid tribute to the fantastic work of those who are working on the frontline, who—like all people—are anxious about events, but are still, when they can, coming in to make sure that the vulnerable people in society can access the support that they are entitled to.
Chi Onwurah
I thank the Secretary of State for giving way. He talks about statutory sick pay as part of the safety net. As such, he recognises that, as a safety net, it is a benefit of last resort, and he talks about the way in which companies can offer more. Does he therefore recognise that in this unprecedented situation, when so many people are likely to find themselves—either by choosing to self-isolate or being obliged to—in the position of claiming statutory sick pay, the level is not appropriate to drive the right behaviours or support people? It is no longer a question of last resort, but of supporting significant proportions of our population, so sick pay needs to be at a higher level.
Justin Tomlinson
I am not the Secretary of State—it is very kind of the hon. Member to elevate me to such a lofty position, but that does not apply. The broader point is that the Chancellor has made it very clear that we will continue, on a daily basis, to look at what additional support there can be. The Government will do what we need to do to protect the vulnerable in society and keep our economy going. Many Members will raise very important points in the debate but, as a broad principle, the safety net is wider welfare support, looking at an individual’s personal circumstances, and tailoring the level of support to them so that we can target help to the most vulnerable in society.
Those not eligible for sick pay, including the self-employed, are able to make a claim for universal credit or contributory employment and support allowance. Last week, we laid regulations to ensure that the contributory ESA is now payable from day one, removing the seven-day waiting period for people who are self-isolating on Government guidance or who are ill with coronavirus. Claims can also be made over the phone without the need for people to contact their doctor for a fit note. Those in self-isolation or sick with coronavirus who make a claim for universal credit can receive up to a month’s advance up front without physically attending a jobcentre. Everything can be done by phone or online, and that is a welcome position.
Sir Desmond Swayne (New Forest West) (Con)
What metrics has the Minister adopted to ensure that phone calls are dealt with in a timely manner? There are always complaints about people having to ring and ring, but not getting an answer.
Justin Tomlinson
We anticipate unprecedented demand, which is part of the reason why we have looked at the work that we no longer need to do during this period—for example, there was the announcement on ending face-to-face assessments for disability benefits—so that we can move health professionals on to the telephone systems to make sure that we can cope with demand and remove the need for people to unnecessarily visit jobcentres. We are keeping a very close eye on that on a day-to-day basis.
We are also removing the minimum income floor for self-employed universal credit claimants who have to self-isolate or who become ill as a result of coronavirus during this period. We are taking those measures to ensure that people are supported throughout this difficult period. We have increased access to sick pay, made it easier to access benefits and provided support for businesses to protect people’s jobs. This is a comprehensive package of support for some of the most vulnerable in society, but we are continuing to look at it by the day. The Chancellor has made it clear that there will be further announcements.
Gareth Thomas (Harrow West) (Lab/Co-op)
Two of my constituents who were both self-employed have had all their contracts brought to an end. They have a mortgage and two young children. Not surprisingly, as in many cases that hon. Members have raised, they are worried for the future. What support should I tell them the Government will make available to help their specific situation?
Justin Tomlinson
We are all hearing similar queries as constituency MPs. The key is for people to keep looking at gov.uk as announcements are made each day so that they have clarity about what they can and cannot get. The hon. Member talked about his constituents having a mortgage; obviously, we have already made the announcement about support for a mortgage holiday to protect people.
Part of the next step of our plan is to focus on providing support for people’s income and jobs. There will be further announcements, which will be shaped by all of us. As we flag up the issues being brought to our inboxes, that will help to shape the response. This is Parliament at its best, through partnership working. I hope that all hon. Members will give their full support to all the work that we and all our fantastic frontline staff are doing.
Covid-19
Justin Tomlinson Excerpts(4 years, 8 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
We have been carefully considering what steps need to be taken in order to reduce the risk to vulnerable claimants and staff members in light of the escalating covid-19 outbreak. The safety of these individuals is the No.1 priority.
We therefore took the decision to suspend all face-to-face assessments for health and disability related benefits with immediate effect from 17 March. This includes personal independence payment, the industrial injuries scheme and work capability assessments in both employment and support allowance and universal credit. This decision has been taken in order to safeguard the health of individuals claiming these benefits, many of whom are likely to be at greater risk due to their pre-existing health conditions. This is also in line with measures announced yesterday by the Prime Minister.
Due to the immediacy of this change and the need to urgently communicate this to individuals affected, we began communicating this change yesterday. This included contacting affected claimants with appointments booked in the coming days as well as contacting MPs directly, encouraging them to share the information with their constituency members and local organisations. I can however confirm that this measure has only come into place from today, 17 March.
Anyone who has a face-to-face assessment appointment scheduled no longer needs to attend. We are working at pace with our assessment providers to put in place alternative arrangements and I am grateful to the providers for their support in working collaboratively with the Department to provide continuity of service at this critical time. Claimants do not need to take any action, we will be contacting claimants to discuss next steps and alternative arrangements as soon as possible. This may involve either telephone or paper-based assessments.
We expect this measure will be in effect for the next three months but we will be regularly reviewing the position in line with public health advice. We continue to accept new claims to all benefits and for existing claimants, benefits will remain in payment while alternative arrangements are put in place. Any decisions made under the alternative arrangements will of course also come with mandatory reconsideration and appeal rights as normal, should claimants wish to challenge any decision made.
This change does not affect the existing public health advice. The current NHS guidelines on coronavirus, including advice on those who should stay at home can be found here.
As and when changes in public health guidance necessitate other changes, the Department will endeavour to inform Parliament as soon as possible.
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Oral Answers to Questions
Justin Tomlinson Excerpts(4 years, 8 months ago)
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James Sunderland (Bracknell) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The Government are committed to seeing 1 million more disabled people in work between 2017 and 2027. We support disabled people to return to work through our work coaches and disability employment advisers. This is achieved through programmes such as the Work and Health programme, Access to Work and the new intensive personalised employment support programme.
Angela Richardson
I welcome the news that 16,000 employers have signed up to participate in the Disability Confident scheme, which a fantastic initiative that helps employers to unlock the talent of workers with disabilities and is changing attitudes for the better. What plans does my hon. Friend have to expand the scheme further and encourage more businesses to sign up?
Justin Tomlinson
I am pleased to report that as of last month we are at 17,353. We use Disability Confident to empower employers of all sizes to share best practice. Only last week, I met all the Health and Work programme providers to look at how they can work with those businesses that have signed up for Disability Confident to offer more opportunities for disabled people.
James Sunderland
I thank the Minister for his response. What is being done to support ex-forces personnel, who may have physical or mental disabilities, into employment, perhaps even through the auspices of bringing the armed forces covenant into statute?
Justin Tomlinson
I thank my hon. Friend for that important question. The Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Colchester (Will Quince), who is the Minister for Welfare Delivery, has been doing a huge amount of work in leading on that issue. We are making sure that we offer resettlement support; support from our armed forces champions, for which posts there is a £6 million package of support; and early access to the Work and Health programme. The Office for Veterans’ Affairs is committed to putting the armed forces covenant on a statutory footing and it will have our full support.
Lilian Greenwood (Nottingham South) (Lab)
We all want to see more disabled people supported into work, but it is also vital that they receive the support that they are entitled to through employment and support allowance and personal independence payments. It has recently been reported that vulnerable and disabled people who have appealed against decisions to deny them those benefits are being pressured to accept unrecorded telephone deals that pay thousands of pounds less than they may be legally entitled to. The Minister’s Department is accused of telling some people that the offer would be withdrawn if they did not accept it within minutes. How can that practice possibly be acceptable?
Justin Tomlinson
I thank the hon. Member for raising that issue, which was covered in the media. It is not something that should be happening. We have changed the mandatory reconsideration process so that we can try to support claimants who are challenging a decision to gather the additional written and oral evidence at that stage, rather than their having to wait for the lengthy independent appeal process. Stakeholders and charities are extremely supportive of that process, which is new and making a significant difference, but I am disappointed to hear that in some cases it has not been of the standard that it should be. We will review that.
Chris Bryant (Rhondda) (Lab)
The trouble with many people who have had brain injuries, particularly traumatic brain injuries, is that the nature of their condition is such that it varies considerably from day to day, week to week. They can suffer from phenomenal lassitude, making it almost impossible for them to get out of bed—not out of laziness, but because their brain and their body will not work in that way. How can we make sure that everybody who is working for the DWP, whether they are assessing a person for a benefit or trying to help them into work, fully understands brain injury?
Justin Tomlinson
I thank the hon. Member who has been a long-standing campaigner in this very important area. We work with claimants, charities and stakeholders in all areas to improve the training and awareness that all our health professionals and frontline staff have, and this is a very important area of work.
Mr Stephen Morgan (Portsmouth South) (Lab)
James Wild (North West Norfolk) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The Department is prioritising a full review in this vital area, evaluating how the benefits system supports people nearing the end of their lives and those with severe conditions. We are making significant progress on this, having engaged with claimants, clinicians and stakeholders to bring forward options.
James Wild
I thank the Minister for that update and the Government for taking the initiative in reviewing these rules. My North West Norfolk constituents suffering terminal illnesses want to see the six-month rule scrapped, so will he continue to work with Motor Neurone Disease Association, Marie Curie and others to find a solution that works for all of them?
Justin Tomlinson
I thank my hon. Friend for that question. Absolutely. The reason we commissioned the review was that the status quo needs to change. We recognise that, and I wish to pay tribute to the organisations that have been supporting a thorough review, including the MND Association, Marie Curie, Hospice UK, Macmillan, the Royal College of Nursing, Sue Ryder and NHS England.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
Scotland has already shown what can be done when a Government put dignity and respect at the heart of their welfare policies—for example, by removing any time qualification for people who are terminally ill. Why has the Department for Work and Pensions not yet followed Social Security Scotland’s lead and what are Ministers waiting for?
Justin Tomlinson
My understanding is that that has not yet been changed in Scotland. We are working with our Scottish colleagues and looking at all options. As I have said, our review will conclude shortly. Having consulted extensively with stakeholders, claimants and clinicians, and having looked at the international evidence, we will not be having the status review; we will be looking to improve the case for people towards the end of their life.
Dr Julian Lewis (New Forest East) (Con)
Although face-to-face reassessments are very important in the normal processing of claims, do the Government accept that people living with and suffering from terminal diseases should be exempted from the stress that such reassessments impose?
Justin Tomlinson
My right hon. Friend is absolutely right. We can typically turn around those applying under the special rules for terminal illness process within six days, ensuring that those who are most in need of support get it as quickly and as swiftly as possible.
Tonia Antoniazzi (Gower) (Lab)
Does the Minister agree that it is inappropriate for terminally ill people who do not qualify for universal credit under the special rules for terminal illness to have to go to their jobcentre to discuss their career when they may not have very long left to live?
Justin Tomlinson
As part of this review we are looking at consistency across DWP work, as well as working with the NHS and hospices to try to have a more consistent and sympathetic approach. Where claimants do struggle to get to jobcentres, there are always opportunities for home visits.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Dr Luke Evans (Bosworth) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
Reducing end-to-end customer journey times for PIP claimants is a priority for the DWP. We continue to work closely with both assessment providers, amending and refining current processes.
Dr Evans
Constituents in my patch of Bosworth can face up to 42 weeks for clearance of their case—that is, processing and determining the tribunal hearing either in Leicester or Coventry. The national average is 30 weeks. What steps can the DWP and the Ministry of Justice take to ensure that the process is swift and that claimants are kept up to date during this time?
Justin Tomlinson
Her Majesty’s Courts and Tribunals Service has developed a new digital system, and it is increasing the number of judges. This goes hand in hand with our changes to the mandatory reconsideration stage whereby we are proactively contacting claimants who are seeking to appeal their decision to see whether we can help to identify additional written or oral evidence to correct the decision at that stage, reducing the number of claimants who then need to enter the independent appeal process.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
As the Minister will be aware, PIP assessments can be incredibly stressful and traumatic for claimants. That is why I am working with Disabled People Against Cuts to provide recording equipment for anyone living in Hull West and Hessle who is going for an assessment. But it should not be down to individual MPs to provide that. So will the Minister look at providing recording equipment for every PIP assessment that takes place right across the country to improve transparency and fairness?
Justin Tomlinson
The hon. Member has raised a very fair point. We have been piloting both audio and video recording of assessments. That pilot will be coming to a close soon. I certainly have a huge amount of sympathy around making sure that there is provision in place for audio recording for claimants.
Joanna Cherry (Edinburgh South West) (SNP)
Mark Jenkinson (Workington) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
As our manifesto set out, we are committed to reducing the number of assessments that disabled people face. That will build on improvements already made, including reducing the frequency of assessments for those with severe or progressive conditions and removing regular reviews for PIP claimants over pension age.
Mark Fletcher
I thank the Minister for his response. A number of constituents with severe conditions that are not reasonably expected to improve have contacted me with concerns about the current process. What reassurance can he give my constituents that their predicament will be given consideration as part of any future changes that the Department makes?
Justin Tomlinson
In the coming months, we will launch a Green Paper that will look at claimants’ experience, trust in the process and allowing claimants to lead full and independent lives. We will be doing a full review, working with stakeholders, claimants and charities to identify further areas of improvement on top of what we have already done.
Mark Jenkinson
I welcome the Department’s announcement last week that it will create a single, integrated service for PIP applicants and users. Can my hon. Friend confirm that that will make the application process much smoother for my constituents in Workington?
Justin Tomlinson
It will give us greater flexibility to try out new ideas that will be identified in the Green Paper, ensuring that we put claimants first.
Mike Amesbury (Weaver Vale) (Lab)
Before Errol Graham was found dead after his employment and support allowance was stopped, he wrote a letter to the Department for Work and Pensions, pleading with officials. He said:
“Please judge me fairly. I am… overshadowed by depression.”
That letter was revealed to the public weeks after the National Audit Office published a damning report showing that the Department has investigated 69 suicides linked to social security, which are just the tip of the iceberg. Will the Secretary of State finally make a statement on that report, and will she now commit to an independent inquiry into the deaths related to social security?
Justin Tomlinson
The Secretary of State is absolutely passionate about the need to make improvements in this area and is leading very important work. On the specific point of the NAO report, we are working at pace to drive forward improvements and learn the lessons from any cases. We have already improved support and guidance for staff on how best to support vulnerable people. The NAO report notes action that the DWP is already taking, but we are now carefully considering the NAO’s findings and how they can help to further improve our excellence plan.
Mike Amesbury
That passion certainly does not seem to be demonstrated in recent tribunal cases—the Department for Work and Pensions has lost more employment tribunals for disability discrimination than any other employer in Britain. Is the Secretary of State shocked by her Department’s own disability tribunal record, given that it should be, as the Minister said, leading by example? What will the Secretary of State do to rectify that?
Justin Tomlinson
Fair and respectful treatment is a right, and we do not tolerate discrimination in any form within the workplace, including within ours. We have instigated a review of our processes and actions to ensure that all employees are treated fairly and with respect. I am proud that, as a Department, since 2014, when 6.8% of our workforce were identified as having a disability, we are now at 15.3%, which is well above the civil service average of 11.7%. We are keen to be a fully inclusive and diverse workforce to benefit from their full potential.
Paul Maynard (Blackpool North and Cleveleys) (Con)
Many of my constituents reduce the number of assessments they face by discontinuing their applications themselves, because they find it far too traumatic to have to repeat their life story over and over again to every public body they come across. When somebody dies, the Government have a “Tell me once” principle to help bereaved families cope by only notifying a public entity on a single occasion. As the Minister draws up his Green Paper, can he look at whether we can have one single source of truth for each claimant to reduce the trauma they face in going through this process?
Justin Tomlinson
My hon. Friend is absolutely spot-on. This comes up time and again, and it is driving our desire to bring forward the integrated assessment: where a claimant has already secured sufficient evidence, with the claimant’s permission, and only with the claimant’s permission, that information can be used to increase the chance of a paper-based review and reduce the need for a full face-to-face assessment for other benefits.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
For a decade, disabled people and disability organisations such as the Disability Benefits Consortium have highlighted the absurdity of testing people with learning disabilities and progressive conditions every six months, as well as the stress for them and the cost to the taxpayer and the NHS. The Minister says those assessments will be reduced. When can they expect them to be reduced?
Justin Tomlinson
We have already made changes—for example, in the PIP process, where we no longer routinely assess those of pensioner age and those with the most severe conditions—and that work will continue to be brought forward as our knowledge of different conditions improves. As part of the ambitious and exciting Green Paper we are bringing forward in the coming months, claimants, charities and stakeholders can further identify how we can make the claimant experience much better. I know that the hon. Member has done a huge amount of work in this area, and I hope he will contribute to the Green Paper.
Robert Halfon (Harlow) (Con)
Mr Philip Hollobone (Kettering) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The average time is 14 weeks. We continue to review the process. As I set out earlier, with the forthcoming Green Paper we will be looking to identify further ways to improve the claims experience and make it easier to get supportive evidence that increases the likelihood of a paper-based review without the need for a face-to-face assessment.
Owen Thompson (Midlothian) (SNP)
Justin Tomlinson
I thank the hon. Member for raising this matter. If he wishes to share the details of the case with me afterwards, I will be happy to look into it. Without the details, I can only give a broad answer. We are doing additional work on the management reconsideration stage to ensure we can help all claimants gather the additional written or oral evidence that could help to change the claim, so that they are less likely to be in the long independent appeal process.
Selaine Saxby (North Devon) (Con)
Grahame Morris (Easington) (Lab)
Justin Tomlinson
I thank the hon. Member for raising this issue. My hon. Friend the Member for Colchester (Will Quince), who is the Minister with responsibility for welfare delivery, and I regularly meet and work with Macmillan, which is a brilliant organisation. I am disappointed to hear that it feels it is proving too difficult for some claimants to access a home visit. We will take up that matter and look into it.
Anthony Mangnall (Totnes) (Con)
I recently met jobcentre and citizens advice bureau employees who expressed their grave concern about personal independence payment assessors. Can the Minister give me an assurance that the scheme’s assessors are of the highest calibre and able to judge each case on a proper basis?
Justin Tomlinson
We strive for 100% accuracy with high quality, objective, fair and accurate assessments. All our assessors are health professionals and experts in understanding the effects of a health condition on an individual’s daily life. They are occupational therapists, level one nurses, physiotherapists, paramedics or doctors with at least two years’ experience. We continue to monitor performance, share best practice, and work with claimants, stakeholders and charities to improve training and guidance.
Alison McGovern (Wirral South) (Lab)
Paul Maynard (Blackpool North and Cleveleys) (Con)
In 2015, our election manifesto rightly committed us to halving the disability employment gap. By 2019, unfortunately, we had watered that down merely to reducing it. 2015 was also the last year that we published Fulfilling Potential indicators, allowing us to monitor the gap. As the Minister pulls together his new national disability strategy, I urge him to reinvent the wheel and provide robust statistical indicators to allow us to monitor the narrowing of the gap.
Justin Tomlinson
In the last six years alone, there have been 1.4 million more disabled people in work; in the last two years alone, there have been 404,000 more disabled people in work, bringing the figure to 54.1%—a 9.9 percentage point increase in the last six years alone. The disability employment gap has fallen by 5.6 percentage points in the last six years. We are making progress and we continue to be ambitious about unlocking everybody’s potential.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Will the Secretary of State ensure that during the coronavirus epidemic, any social security claimant who fails to attend a work capability or work-related activity assessment will also not have their social security support stopped?
Health and Disability Assessment Services
Justin Tomlinson Excerpts(4 years, 8 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
I would like to update the House on the Department’s plans, under the health transformation programme, to reform assessment services for employment and support allowance, universal credit (UC) and personal independence payment (PIP). In March 2019, we announced that we would transition towards an integrated assessment service, with a single digital platform developed by DWP. Today I am pleased to announce the next steps in these plans, which are a key part of this Government’s commitment to transform how we support disabled people.
Our claimants include some of the most vulnerable in society and so our approach is based on delivering this complex and important transformation safely and carefully. To that end, we will initially develop the new service on a small scale in a defined part of the country, a transformation area.
For claimants in this transformation area, assessments will be conducted by the DWP, rather than outsourced to providers. This will give us the flexibility to explore new ideas including:
trialling better ways of carrying out face-to-face assessments;
how to triage more effectively so that only those people who need a face-to-face assessment will have to undergo one;
how to make it easier for claimants to understand the evidence they need to provide and why;
how to remove the need for claimants to give the same information twice;
how to ensure that claimants are aware of the whole range of support available to them both from DWP and more widely.
Our ambition in developing the new service is that it captures the experience and insights of those who use the service or who represent users of the service. We have already acted on this and will continue to drive forward engagement on the future of the health and disability agenda through our upcoming Green Paper.
I can also inform the House that today we will be issuing two prior information notices to advise the market that the Department is seeking to procure contracts to deliver PIP and WCA assessments from 1 August 2021 to ensure continuity of service when the current contracts end on 31 July. The transformation area will start in autumn 2021 and operate alongside these contracts. We will work with the successful providers to ensure continuous improvement in their service, including how developments in the transformation area can benefit delivery by contracted providers.
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Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020
Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2020
Justin Tomlinson Excerpts(4 years, 9 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
I beg to move,
That the Committee has considered the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020.
The Chair
With this it will be convenient to consider the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2020.
Justin Tomlinson
It is a pleasure to serve under your chairmanship, Mr Gray. You are a dear Wiltshire neighbour, and I could not pick a better Chair. The two statutory instruments will increase the value of lump sum awards under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and the diffuse mesothelioma scheme, which was set up by the Child Maintenance and Other Payments Act 2008. As many hon. Members will know, the schemes stand apart from the main social security benefits uprating procedure. Although there is no statutory requirement to increase rates, I am happy to maintain the position taken by my predecessors and increase the amounts payable from 1 April 2020 by September’s consumer prices index of 1.7%. That is the same rate of increase that will be applied to many other social security benefits, including those payable under the industrial injuries scheme.
The Government recognise the very great suffering of individuals and their families caused by the serious and often fatal diseases resulting from exposure to asbestos or other listed agents. The individuals affected, and their families, may be unable to bring a successful claim for civil damages, often due to the long latency period of their condition. Some may not show signs of disease until many years after exposure, by which time their employer may have ceased trading. The lump sum schemes exist to compensate such people, as well as to ensure that people receive compensation in their lifetime, while they can still benefit from it, without having to await the outcome of civil litigation.
I will briefly summarise the purpose of the two schemes. The 1979 Act scheme provides a lump sum compensation payment to those who have contracted a dust-related respiratory disease covered by the scheme, are unable to claim damages from employers because they have gone out of business, and have not brought any action against others for damages. The scheme covers five dust-related respiratory diseases, all of which have serious impacts on day-to-day life. They range from diffuse mesothelioma to lung damage caused by asbestos. The 2008 mesothelioma lump sum payments scheme widens the compensation criteria for those who have contracted diffuse mesothelioma but cannot claim compensation under the 1979 Act scheme—for example, those who were self-employed or whose exposure to asbestos was not due to work.
Payments made under the 1979 Act scheme are based on the age of the person with the disease and their level of disablement at the time of diagnosis, measured on a percentage scale. All payments for diffuse mesothelioma are made at the 100% rate. All payments under the 2008 scheme are also made at the 100% disablement rate, and based on the age of the sufferer, with the highest payments going to the youngest people with the disease. In the last full year, from April 2018 to March 2019, 3,920 people received payments under both schemes, totalling £52.8 million.
The prevalence of diffuse mesothelioma in Great Britain remains at historically high levels, which I know is a particular concern of Members. The disease has a strong association with exposure to asbestos. Current evidence suggests that about 85% of all mesotheliomas diagnosed in men are attributable to asbestos exposures that occurred through work. The life expectancy of those diagnosed is very poor: many people die within 12 months of diagnosis. Data published by the Health and Safety Executive shows that the number of mesothelioma deaths is projected to be about 2,500 by 2020, before beginning to decline in the coming years, reflecting a reduction in asbestos exposure after 1980.
I will briefly discuss lung health improvements more broadly. Although we expect the number of people being diagnosed with diffuse mesothelioma to start to fall in the coming years, we know that many people will continue to develop it, and the other respiratory diseases to which the regulations relate, for many years to come, so the Government are committed to working in partnership with our arm’s length bodies and agencies to improve the lives of those with respiratory diseases. The NHS long-term plan reflects our priority of improving outcomes for people with respiratory diseases.
During last year’s debate on the uprating of the schemes, my predecessor referred to the pioneering lung health checks trialled in Manchester and Liverpool. So far, the trial has shown an almost fivefold reduction in stage 4 disease in Greater Manchester, with 80% of cancers diagnosed at an earlier stage. We anticipate that the scheme will be rolled out across the country, and I am pleased to report that a mobile site in Hull was launched last month.
To return to these important regulations, I am sure we all agree that although no amount of money can ever adequately compensate individuals or their families for the suffering and loss caused by diffuse mesothelioma and the other dust-related diseases covered by the two schemes, people who have those diseases rightly deserve some form of monetary compensation. I am required to confirm to the Committee that the provisions are compatible with the European convention on human rights, and I am happy to do so.
Justin Tomlinson
Thank you, Mr Gray. I very much welcome the clear cross-party support for the two sets of regulations. A number of valid points have been raised. I pay tribute to the British Lung Foundation, which is a really good, proactive charity that works with hon. Members across the House. We will take into consideration the points it has raised.
The shadow Minister asked a number of important questions, one of which was about equalising the payments made to those who have the disease and their dependants. The main intention of the schemes is to provide financial support to people living with certain diseases and to help them deal with the issues that the illness brings, so it is right that funding is targeted where it is most needed—to people living with the disease.
Equalising the awards made to people with the disease and their dependants would require changes to primary legislation. That would be a complex task, as awards to dependants under the 1979 Act include payments made in two parts: first, a payment for the effects of the illness before death, based on the assessed level of disability and on the length of time that a person had the illness; and secondly, a payment made in cases in which the death was actually caused by the relevant disease.
I was also asked why the Government do not automatically uprate payments. Although I sympathise with that view—in theory, automatic uprating would be more straightforward—there would be no monetary gain because we have actually uprated payments in line with CPI every year. These debates provide a valuable avenue for Members to discuss their thoughts on the lump sum schemes and, more broadly, on support for people with respiratory disease, and I know that many Members value that. We will, however, keep that under review.
Reference was rightly made to what more the HSE and the Government could do to raise awareness. The HSE does fantastic, proactive work to co-ordinate stakeholder activity on occupational lung diseases. As a Government, we regularly signpost people using the gov.uk website.
Neil Gray (Airdrie and Shotts) (SNP)
Obviously, the biggest tragedy is that most people who suffer with mesothelioma are not aware that they have the condition until it is too late. The payments recognise and compensate for that. Can the Government do more to find former workers who may have been exposed to asbestos and other work-related hazards and who may find themselves suffering from such a condition further down the line?
Justin Tomlinson
That is a fair challenge. The Government are passionate about doing everything we can to raise awareness. Significant improvements have been made in Government, the HSE and the NHS to engage as many stakeholders as possible. One example is the British Lung Foundation, which can then raise awareness among its members, identify illness as soon as possible, and provide the appropriate level of support. That goes back to the point about why we have these annual debates: they are an opportunity to shine a light on the issue, and if people have proactive ideas, we are very receptive to them.
The Government recognise the important role of the schemes in providing financial support to people diagnosed with mesothelioma and other dust-related diseases. The regulations will ensure that the value of the schemes is maintained. I commend the uprating of the payments scales and ask for the Committee’s approval to implement them.
Question put and agreed to.
Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2020
Resolved,
That the Committee has considered the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2020.—(Justin Tomlinson.)
Social Security Benefits: Claimant Deaths
Justin Tomlinson Excerpts(4 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Debbie Abrahams
My right hon. Friend is spot on. There are so many learning points that we should have already picked up on, and I will go through them in a minute.
I will finish the list if I can. Shaun Pilkington died in January 2014, and Terry McGarvey died in February 2014. This is not an exhaustive list, but it shames us all. This inaction shames the Government. I have raised this so many times over the past five years, and there has been no change whatsoever.
For years now, there have been warnings that the Department’s safeguarding policies are not working. In 2014-15, as a member of the Select Committee on Work and Pensions, I asked for an inquiry on sanctions policy. From this inquiry, the Committee recommended:
“DWP should seek to establish a body modelled on the Independent Police Complaints Commission, to conduct reviews, at the request of relatives, or automatically where no living relative remains, in all instances where an individual on an out-of-work working-age benefit dies whilst in receipt of that benefit. Such a model, operated within the purview of the Parliamentary and Health Service Ombudsman, should ensure that the role of all publicly-funded agencies involved in the provision of services or benefits to the individual is scrutinised, so that a learning document can be produced setting out how policy, and the service delivery pathway, can be improved at every stage.”
In their formal response—[Interruption.] Would the Minister like to intervene? I believe there is something he finds amusing about this.
The Minister for Disabled People, Health and Work (Justin Tomlinson)
No, there is not.
Debbie Abrahams
I hope it was not.
In the Government’s formal response, there was no recognition or acknowledgment of the recommendation, which was completely rejected by the Government.
In 2014, the Disability News Service asked, via a freedom of information request, for the Department to publish 49 internal peer reviews into deaths. After nearly two years, and following an information rights tribunal, redacted versions were published. It was clear from the limited information available that Ministers were repeatedly —repeatedly—warned by their own civil servants that their policies to assess people for out-of-work disability benefits were putting the lives of vulnerable claimants at risk.
More recently, as my right hon. Friend the Member for East Ham (Stephen Timms) mentioned, on 7 February 2020, following a request from the former Chair of the Work and Pensions Committee, the NAO published a briefing report setting out the findings of its inquiries with the Department on the information it holds on benefit claimants who ended their life by suicide.
The NAO found:
“The Department has received nine contacts from coroners via its official coroner focal point relating to suicide since March 2016…received four Prevention of Future Death (PFD) reports from coroners since 2013, of which two were related to suicide…investigated 69 suicides of benefit claimants since 2014-15… It is highly unlikely that the 69 cases the Department has investigated represents the number of cases it could have investigated in the past six years”.
In other words, this is just the tip of the iceberg. We do not even know the actual number of people who have taken their own life as a result of what they went through.
The report continues:
“The Department does not have a robust record of all contact from coroners.”
How can that be? This is a Government Department, for heaven’s sake.
“The Department accepts that not all its staff are aware of the IPR guidance.”
What is the point of doing them if they are not aware?
“We also found that the Department’s guidance does not necessarily reflect the full scope of issues that could trigger an IPR.”
That just beggars belief. The report continues:
“the Department told us that there is no tracking or monitoring of the status of these recommendations. As a result, the Department does not know whether the suggested improvements are implemented.”
Do Ministers not feel ashamed? The report also said that
“the Department does not categorise IPR outputs to identify larger trends or themes from within the outputs, and so systemic issues which might be brought to light through these reviews could be missed.”
The NAO report found similar conclusions to those found by the Select Committee five years earlier: that lessons have not been learned. This is absolutely damning. I hope that the Ministers here take on board these results. Not only that, but because this is rarely covered in the media I hope that everyone in the Press Gallery is going to be reporting on this. It is a scandal: British citizens are dying as a result of policies implemented by this Government. Everybody should be taking note. I have asked for a full and independent inquiry, given the serious failures that are clear just from the speech I have given. I appreciate that the Minister needs to consult others, but I would like a response by the end of this week. This is too serious to be ignored.
The Department stated that there will be a new system of serious case reviews, so who will sit on the panel? Will there be independent panel members, not just DWP employees and contractors? Will they have medical expertise? Will there be a commitment to publishing the panel’s membership and terms of reference? How will the trends or themes to be investigated be identified? How will the recommendations made by the panel be tracked? Will the Department undertake to review its safeguarding policies in the round, including the training of staff? In the light of the NAO’s findings, how will the Department ensure that its guidance reflects the full scope of issues that could trigger an internal process serious case review and that all its staff are well aware of the relevant guidance?
The death of any person as a result of Government policy is nothing less than a scandal. It is clear that from the cases that I have talked about, and from the NAO report and others, that this is just the tip of the iceberg. We do not know what is going on. For too long, the Department has failed to address the effects of its policies. It must now act. Enough is enough.
The Minister for Disabled People, Health and Work (Justin Tomlinson)
I am conscious that I have not got long to respond to this very important and serious subject. I pay tribute to the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), who has clearly demonstrated her genuine passion on this incredibly important subject. Not only that, but she has been a long-standing campaigner in this area, highlighting, through her work on the Work and Pensions Committee, in various debates in Parliament and in work within the media, the plight of some of the most vulnerable people in society. I pay tribute to and we take very seriously all the points that have been raised. As I said, I am conscious of time, and if we do not cover all the things now, there will be further opportunities to do so.
Day in, day out, the DWP interacts with many people; it interacts with about 20 million people each year, and a number of them are among the most vulnerable in our society. In the vast majority of interactions with these people, we get it right. The wellbeing of everyone who interacts with the DWP is of the utmost importance. That is why we improve support and guidance to staff on how best to support vulnerable people, and why we are constantly looking at our processes, striving for continuous improvement. However, we can see that there are cases where we have not got it right, for which we apologise. When that happens, we want to ensure that the Department learns, so that in the future we can deliver the right outcomes first time, respond effectively to the needs of the most vulnerable, and reform our service so that we can continually improve and are more responsive to feedback—that was a clear theme of the points presented in the hon. Member’s speech.
Through our work with some of the most vulnerable in society, there is an opportunity for us to make a difference. Both myself and the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Colchester (Will Quince), who is responsible for welfare delivery, are passionate about that. We are passionate about identifying vulnerable claimants; making sure that there is personalised and tailored support; making sure that we are signposting or working in partnership with other organisations, to give the best possible support; and, crucially, where things are not right, learning lessons.
I am conscious that reference has been made in interventions and speeches to the very important work of the NAO. It has produced a note relating to the DWP and the information held on deaths by suicide of benefit claimants. The Department rightly fully co-operated with the NAO during the creation of this new note, also providing a summary of how we were already working to improve processes in a number of areas. For instance, in 2016 the Department set up the coroners focal point, and is now working to improve it by developing better communication between DWP and the coroner’s office. That includes informing the coroner of the circumstances in which they should report a death to the Department.
The Department is also carrying out a review focusing on strengthening the internal process review processes and the Department’s response to serious cases and suicides. We are clarifying the circumstances in which the DWP should carry out an IPR and improving our internal guidance and communication to ensure that all colleagues are aware of and understand the processes for reporting a suicide. It is important to note that the IPRs look in detail at specific claimant cases that often contain information that is very sensitive and should thus be treated with care. Via the coroner, the families of deceased claimants are able to access information from IPRs; if they then choose to release that information, that is their choice, but as a Department it would be inappropriate to comment on the findings of individual case reviews as it is their private information. We are strengthening the analysis of IPR reports and recommendations to ensure that the Department is aware of any systematic themes and issues and is able to act and put in place effective corresponding improvements.
We are also developing a centralised customer experienced team to co-ordinate all improvement activity, including monitoring the occurrence of issues and delivery of improvements to reduce the risk of issues occurring again. The team will provide a centralised point to support local and regional customer case reviews to identify and act on systematic issues.
We have developed the serious case panel, which will consider the most serious systematic issues that have been identified. That will enable the Department to learn from the issues experienced by ensuring that there is a forum to make recommendations for improvements across the Department as necessary. I know that the Secretary of State personally takes that very seriously. Going forward, the serious case panel will meet quarterly and any recommendations from it will be taken forward by senior members of the Department to ensure that when an issue has been identified, we will learn and take appropriate action.
We recognise that throughout the country we have fantastic, hard-working and compassionate staff. They are always looking at how they can improve, whether that is through training, increased knowledge or awareness. We will work with other organisations. For example, on mental health, to improve our awareness and our ability to support claimants we have worked with Mental Health Matters, which has helped to deliver our improved training, and we have mental health champions in assessment centres. Last year, we did very detailed work on helping to identify and support domestic abuse victims. We did that work with Women’s Aid and Refuge, utilising their expertise. We worked with Autism Alliance to develop the Disability Confident autism and neurodiversity toolkit for work coaches and the disability passport to encourage disabled claimants to disclose their disability or health condition early in the process so that we can improve communication support and ensure that reasonable adjustments are in place.
There is still much more to do on identifying all vulnerable claimants, but through things such as universal credit we have an opportunity to provide personalised and tailored support and also to look at where we can identify suitable advocates so that where the system is not working, there are other people, independent of us, who can help us to make sure that the claimant continues to engage and gets the support that they need.
Justin Tomlinson
I have only seconds left, I am afraid, so I cannot take an intervention.
There is a real commitment from the Department to learn the lessons and to continue to improve the support that we provide to people who often have very complex and difficult needs, whether that is with mental health or dealing with drug and alcohol dependency. We work across the Government and utilise all the ways to provide wraparound support, building on initiatives such as the duty to refer, which is so integral in helping to avoid people becoming homeless. We are working in the prison system, where we have work coaches in place to have the support ready before people come back out. We are doing everything that we possibly can. There is still more to learn and later this year we will have an opportunity through the Green Paper, which will look at claimant experience, assessment and trust in the system. The national disability strategy, which is personally supported by the Prime Minister, will also help.
Question put and agreed to.