Welfare Reform Bill

Lord Brougham and Vaux Excerpts

Tuesday 17th January 2012 Lords Chamber

[Baroness Thomas of Winchester]

My Lords, we had quite a debate about the use of aids, appliances and adaptations in Grand Committee, at the end of which I found myself more confused than ever about how the PIP assessment was going to take them into account. I have already declared one interest; I feel that I should declare another in having most of the aids and appliances known to mankind in my house.

My purpose in tabling the amendment is not so that we can have another debate about the detailed use of all kinds of aids—

[The Deputy Chairman of Committees (Lord Brougham and Vaux)]

Order. I ask Members of the House to leave quietly, because otherwise the Chairman cannot hear the speech.

[Baroness Thomas of Winchester]

My Lords, I am not going to have another debate here and now about the detail of all kinds of aids and appliances, but I want to signal my concern about the question and to ask the Minister whether he would consider hosting a meeting for interested Peers on this topic, together with the relevant officials from his department.

I quite appreciate that those who have been working on the second draft criteria for PIP have tried to do their best to incorporate the views of many organisations and people, including disabled people, but we must not forget that the Government want to cut the bill for DLA by bringing in PIP, which may mean that some of those who currently receive DLA will not receive PIP. If so, it is very important to make sure that some people do not fall through the net because their particular needs have not been met.

We have to keep in our minds at all times the purpose of PIP, which is to help a person to carry out daily living activities and mobility activities if that person is limited or severely limited by their physical or mental condition. The Minister has repeatedly made it clear—we heard it just now—that the Government are looking not just at the medical model of disability but at the biopsychosocial model, which tries to include part of the social model. The responses of disabled people and organisations to the first draft criteria were instructive. Many were keen to point out that taking the use of aids and appliances into account does not necessarily remove a barrier to participation. Those of us who have mobility problems can all testify that there are still a lot of buildings such as restaurants, shops and even hotels which are not accessible, as well as dropped kerbs which are positively dangerous and public transport which is not suitable. The mobility descriptors are, in my view, worryingly minimal, and here again the responses to the “Moving Around” section were useful. While moving outside, for example, no account is to be taken of the gradient or texture of the ground, or the weather, and there was no box for whether the physical support of another person was needed for those with poor balance.

I turn now to a very basic issue—managing toilet needs or incontinence. One response was that toilet needs outside the home should be considered. Most disabled people can manage in their own homes, many with aids, but going out is a different matter, as we heard from the noble Countess, Lady Mar, who is not in her place at the moment. This has not been included but it may make all the difference to whether someone can participate in society. If that is the criterion for receiving PIP, why is there no suitable box for it? Or perhaps there is and I have not been able to find it.

Before ending, I should like to raise one matter that has concerned me for some time but about which I may not have to worry—that is, the difference between using an aid or appliance for work capability and using the same aid or appliance for ordinary living purposes. For example, we know that a person in a manual wheelchair is no longer classified as having limited capability for work simply because of their use of a manual wheelchair, so they will not automatically get ESA rather than JSA. Although I am not happy with that state of affairs, that is the situation at the moment. However, if that person applies for PIP under the new regime, knowing that PIP will be an in-work as well as an out-of-work benefit, and because they might need extra help with daily living activities, then I can see no good reason why they should not receive it. Therefore, I hope that whether a person has “passed” or “failed” the work capability assessment will not be taken into account when they are being assessed for PIP. I think that this is why the noble Baroness, Lady Grey-Thompson, thought that she might be ineligible for PIP.

I understand that the aim for PIP is to take account of aids and appliances which are actively used by individuals and those which could reasonably be expected to be used to reduce barriers to participation. If the Government expect a person to buy and maintain aids, the least they can do is to help to pay for them.

The case studies that the Minister promised us I found extremely valuable, but they also beg a few questions. For example, the phrase “Needs to use an aid or appliance to bathe” means using a shower seat to take a shower, but what about those who can use a shower only if there are suitably placed grab-handles and the shower has the lowest step possible, or if the person has a wet room but has to use, say, a walker while using the shower?

In view of the very late appearance of the PIP thresholds and the case studies, I hope that the Minister will agree to an early meeting between concerned Peers and the relevant officials at the DWP to talk in more detail about how aids, appliances and adaptations are going to be used in the assessment. I beg to move.