Personal Independence Payments: Supreme Court Ruling

Debate between Justin Tomlinson and Chris Stephens

Tuesday 23rd July 2019 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on last week’s Supreme Court ruling on personal independence payments for those with mental health issues.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

The Supreme Court has ruled on the case of Secretary of State for Work and Pensions v. MM, which is known as MM. The case was about the definition of “social support” when engaging with other people face to face in the PIP assessment, and how far in advance that support can be provided.

We took the case to the Supreme Court because we wanted clarity on the issue and the judgment gives us that clarity. We welcome the Court’s judgment. We are pleased it accepted that there is a difference between “prompting” and “social support”, and that there must be a need for social support to be provided by someone who is trained or experienced in providing such support.

PIP is already a better benefit for people with mental health conditions than the legacy disability living allowance. The proportion of them who get the higher rate of PIP is five times higher than under DLA, with PIP at 33% and DLA at 6%.

It is clear that there is an increasing understanding in society about mental health and how important it is to make sure that individuals with poor mental health get the right help. It is not an exact science, but the desire for an increased understanding of mental health issues is one of the few areas that have cross-party support.

Getting this clarity ensures that even more people who need help to engage face to face may now be eligible to benefit under PIP. I want to be clear that supporting disabled people and those with mental health conditions continues to be a priority for this Government. That is why we will now carefully consider the full judgment and, working with disabled people and engaging with Mind and other stakeholders, implement it fully and fairly so that claimants get the PIP support they are entitled to.

[Chris Stephens]

I thank you, Mr Speaker, for granting the urgent question and the Minister for his response.

The individual concerned in the case is a Glasgow South West constituent. As the Minister said, the Department appealed the decision by the Scottish courts.

Will the Minister confirm that the judgment means that ongoing encouragement from a family member to help someone leave their house and engage socially will result in additional points in the PIP process? Does he accept that it is now clear that PIP assessments need to be overhauled and that, once again, we have found that the process discriminates against those with psychological conditions?

The Minister appears to accept the judgment, so will he tell us whether any estimate has been made of the number of people who will be affected by the decision and how long it will take to initiate any back payments? Will he confirm that that will be new money and that it will not come out of existing budgets?

Severe Disability Premium

Debate between Justin Tomlinson and Chris Stephens

Tuesday 7th May 2019 Commons Chamber

[Justin Tomlinson]

My hon. Friend raises an important point. Not only do stakeholders and those with real, genuine frontline experience work closely with us and help to shape our policies, but we recognise that they can play a key part on the frontline. I therefore very much welcome the announcement that Citizens Advice will be present across the jobcentre network to provide additional support for claimants above and beyond what our frontline staff do.

[Chris Stephens (Glasgow South West) (SNP)]

We know that approximately 20,000 people died before the Department was able to review their backdated ESA payments. That must not happen with the severe disability premium payments. Has the Department investigated whether it has happened to claimants who were owed such payments? If so, how many? In the event of death, who will receive the back payments?

[Justin Tomlinson]

The key priority is to make sure that we get money to the most vulnerable in society as quickly as possible. That is why our commitment remains that we will bring forward the regulations at the earliest opportunity.

Supporting Disabled People to Work

Debate between Justin Tomlinson and Chris Stephens

Thursday 28th March 2019 Commons Chamber

[Justin Tomlinson]

My hon. Friend is another champion in his constituency, ensuring that disabled residents have the maximum opportunity that so many of us take for granted. We are spending £10 billion more in real terms on disability benefits than we were in 2010, and that is making a difference to some of the most vulnerable people in society.

[Chris Stephens (Glasgow South West) (SNP)]

It is good to see that the Minister survived his grilling from the Work and Pensions Committee yesterday. Has he seen the report from the think-tank Demos, which has found that there is a “chronic” lack of trust between disabled people and the Department, and that 60% of disabled people do not believe that it understands their concerns? What will he do to address that perception?

Oral Answers to Questions

Debate between Justin Tomlinson and Chris Stephens

Thursday 14th March 2019 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

T5. Yesterday, I was delighted to welcome to Parliament the Tea in the Pot women’s support service, and many of its staff are 1950s-born women. Will there be an equality impact assessment regarding the effect of recent pension credit changes on 1950s-born women? Will the impact on pensioner poverty also be measured?

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

There has been an impact assessment all the way through. If the hon. Gentleman highlights a good group, I am sure that the Minister with responsibility for pensions would be delighted to meet its representatives.

Work and Pensions

Debate between Justin Tomlinson and Chris Stephens

Thursday 13th September 2018 Ministerial Corrections

[Chris Stephens (Glasgow South West) (SNP)]

It seems clear that the will of the House is that a child who has lost a parent should not be penalised because of the marital status of the parents. Does the Minister intend to carry out an equality impact assessment of this benefit?

[Justin Tomlinson]

Actually, as part of the commitment to bringing in the new bereavement payments, we will do a full impact assessment, which will be shared with the House. One of the key changes is the additional £1,500 in the initial payment for those in a marriage or civil partnership who had children. We understand the importance of making sure that those with children get additional support.

[Official Report, 5 September 2018, Vol. 646, c. 193.]

Letter of correction from Justin Tomlinson:

An error has been identified in the response I gave to the hon. Member for Glasgow South West (Chris Stephens).

The correct response should have been:

Widowed Parent’s Allowance

Debate between Justin Tomlinson and Chris Stephens

Wednesday 5th September 2018 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

It seems clear that the will of the House is that a child who has lost a parent should not be penalised because of the marital status of the parents. Does the Minister intend to carry out an equality impact assessment of this benefit?

[Justin Tomlinson]

Actually, as part of the commitment to bringing in the new bereavement payments, we will do a full impact assessment, which will be shared with the House. One of the key changes is the additional £1,500 in the initial payment for those in a marriage or civil partnership who had children. We understand the importance of making sure that those with children get additional support.[Official Report, 13 September 2018, Vol. 646, c. 6MC.]