PIP Back Payments

Marsha De Cordova Excerpts

Tuesday 30th January 2018 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions to make a statement on the process and timetable for the personal independence payment back payments.

[The Minister for Disabled People, Health and Work (Sarah Newton)]

As a result of our decision not to appeal the recent PIP judicial review judgment, we informed the House via a written statement and in a response to a parliamentary question that we will be carrying out an administrative exercise to identify claimants who may now be eligible for more support from PIP. The Secretary of State took the decision less than three weeks ago. As previously said, we will be working with Mind—experts in the field—and doing things as sympathetically and effectively as possible. While efficiency is important, I cannot stress enough that I want the appropriate scrutiny and complete accuracy to be applied to this exercise, so it will not be rushed.

This exercise will include screening the existing PIP caseload of some 1.6 million people to identify the group who may benefit, but the vast majority of claimants will not be affected. As the Secretary of State said last week, we currently estimate that up to 220,000 people will be affected by the judgment. For the group of people who may be affected, we will undertake a detailed review of their applications and awards. We will write to the individuals affected, and all payments will be back-dated to the effective date in each individual claim. There will be no—I repeat, no—face-to-face reassessments of awards. DWP case managers will be conducting a review of the existing information we hold, with a view to establishing whether claimants are entitled to more. If case managers need more information to make a decision, they will contact the claimant and/or their doctor.

I am sure you will understand, Madam Deputy Speaker, that this is a complex exercise, and we need to undertake testing to ensure that we implement it safely. We therefore do not yet have an estimate of how long it will take. Obviously, we will keep the House updated on our progress in this exercise. Based on preliminary calculations, we estimate that the overall costs of implementing the judgment could be up to £3.7 billion by 2022-23. However, this number is highly likely to change as we work through all the impacted cases.

[Marsha De Cordova]

I thank Mr Speaker for granting this urgent question.

Following the written statement of 19 January and last week’s urgent question, yesterday we discovered in an answer to a written question that the Government will be reconsidering approximately 1.6 million PIP claims—effectively, everyone currently in receipt of PIP. However, no timetable was issued or detail provided for this process. We know that 55% of people with mental health conditions transferring from disability living allowance to PIP receive a lower award or no award at all. As the High Court found, the Government’s regulations are highly discriminatory.

I am pleased that the Secretary of State and the Minister’s Department have finally seen sense. However, there are a number of questions that the Minister must answer. By what date will the Department have changed the PIP assessment guide, so that she can implement the judgment? How quickly thereafter will the Department be able to identify affected claimants? Is her Department prioritising the PIP claims it is re-examining? If so, will she publish the prioritisation criteria? By what date will all 1.6 million PIP claims have been reviewed? Will it be weeks; will it be months; or will it be years? Do the 1.6 million claims to be reviewed include those that scored zero points and were not awarded PIP? Will there be an appeals process for the PIP claimants not contacted by the Department who believe that they should receive back payments? Will the Department compensate claimants who have fallen into debt and accrued interest charges? After the equality assessment was published in February 2017, the estimated number to receive the higher rate of PIP went up to 164,000, and it is now 220,000. Will the Minister publish an updated assessment? What assessment has she made of the administrative costs to her Department of undertaking this complex exercise of a considerable scale?

This mess is one of the Government’s own making. It is a clear example to this Government of the dangers of seeking to undermine both the independent judiciary and the House of Commons.

[Sarah Newton]

It is absolutely not true to say that we are trying to undermine the independent judiciary, because we have accepted the findings of the appeal and are now going to painstakingly, carefully and safely implement the findings. It is incredibly important for our democracy that we have an independent judiciary, and we stand by that.

The hon. Lady asked a number of questions. First, for clarification, the information that was provided in response to the written parliamentary question was absolutely the same as that given at this Dispatch Box by the Secretary of State last week and that contained in the written statement.

Moving on to some of the hon. Lady’s more detailed questions, she mentioned the updating of the PIP assessment guide. She is absolutely right: that is the starting point to making sure that we properly and thoroughly implement the recommendations of the appeal. I am delighted to say that Paul Farmer of Mind has agreed to work very closely with us to get that right. I have spoken to Paul Gray, who has undertaken the independent reviews of PIP, and he has also offered his help. I recently met a broad range of our PIP stakeholders and invited them to share their expertise.

As I said in my previous response, it is incredibly important to me that we get this right. The exercise will be complex and, to carry it out accurately and safely, we want to ensure that stakeholders and experts are involved. As a result, I cannot set out a timetable at this stage, but I can reassure all hon. Members that we are approaching this with a great deal of vigour and will ensure we do it as soon as possible. We have already started to recruit more people at DWP to help with the PIP review.

We want to discuss the prioritisation of the review of PIP claimants very carefully with our stakeholders to ensure that the process is fair, transparent and open. We will be reviewing people who had zero points in their original claim. We are currently considering the best way to handle an appeals process.

Of course, I will update the House regularly. The Secretary of State said that she would do that from this very Dispatch Box last week. We have oral questions every six weeks, so there are plenty of opportunities for Members to ask us about the progress we are making in this very important work.

Points of Order

Marsha De Cordova Excerpts

Monday 22nd January 2018 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman for his characteristic courtesy in giving me advance notice of his intention to raise that point of order. Moreover, the House has just learned from his detailed description of the prodigious efforts he made to contact the Secretary of State for Justice and Lord Chancellor, even if ultimately they were to no avail. I thank him, as I say, for giving me notice of the point of order.

As I have said on many occasions, colleagues, it is a strong convention, albeit not a rule, that a Member should give reasonable notice to a Member whose constituency he or she is intending to visit in a public capacity of the fact of that prospective visit. Apart from anything else, I regard this as a matter of courtesy.

I would say on this occasion that I am surprised to learn of this development, because I know the Secretary of State. Ordinarily, he would be regarded, I think, as one of the most courteous Members of the House. I do regard this as a lapse. It is regrettable and I hope that it will not happen again. We ought to treat each other with courtesy, which means giving some advance notice, as I have said.

[Marsha De Cordova (Battersea) (Lab)]

On a point of order, Mr Speaker. I seek your guidance as to whether you have received notification from the Secretary of State for Work and Pensions that she will make an oral statement on personal independence payment. As you may be aware, late on Friday afternoon, the Government put out a written statement announcing that they would not appeal the High Court judgment of 23 December 2017 that in effect reversed the emergency PIP regulations that they introduced early last year.

As I am sure you recall, Mr Speaker, those regulations were brought in without a vote of the House as a negative statutory instrument despite two urgent questions, an emergency debate and widespread concern about their impact. I would be grateful for your guidance on how Members might have the opportunity to question Ministers in detail on this vital policy change, which will affect more than 150,000 people—primarily those with mental health conditions.

[Mr Speaker]

I am grateful to the hon. Lady for her point of order. In short, I have received no notification from the Secretary of State for Work and Pensions of an intention to make a statement on that matter. As the hon. Lady will know, the Secretary of State is in her place; she is welcome to come to the Dispatch Box and respond if she wishes, but she is under no obligation to do so.

Disability Confident Scheme

Marsha De Cordova Excerpts

Wednesday 10th January 2018 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Rosindell, and I congratulate the hon. Member for Ochil and South Perthshire (Luke Graham) on securing this important debate. He made some valuable points, particularly about engaging and encouraging employers to recruit more disabled people, and about the importance of reducing the disability employment gap. I share his pleasure in the fact that so many Departments are signed up at business leader level for the Disability Confident scheme, and I hope the Minister will ensure that all Departments do that. I am currently completing an application for my office to become a Disability Confident employer. The hon. Gentleman also recognised the importance of work and the positive impact that that can have on one’s health and wellbeing.

Good contributions were made by several hon. Members, and we all recognise the importance of the scheme. The hon. Member for North Swindon (Justin Tomlinson) spoke passionately about the scheme that ran in his constituency. He was once Minister for Disabled People, so he is very knowledgeable about the scheme, including some of its shortcomings.

All hon. Members will be in favour of improving employment opportunities for those with disabilities and long-term conditions, but figures for the disability employment gap show that there remains a clear and continuing problem regarding access to sustainable and supportive employment. For far too long, many disabled people have not been in work. That is unacceptable, especially when we compare the numbers of those in work who are not disabled with those who are. Currently, 49.2% of disabled people are in work.

The Disability Confident scheme was designed to address the clear failures of our employment support system. However, we have so far seen very little evidence of its success at tackling the problem. That is demonstrated by the employment gap. In fact, what we have seen from the Government is a shift in direction. At the 2015 general election, the Conservatives promised to halve the disability employment gap by 2020. They have since dropped that commitment and are now looking at a slightly lesser target. It is slightly less ambitious—they now seem to say that they will not halve the disability employment gap by 2027.

That is also true of the Disability Confident scheme. The Government were supposed to

“assess specific, measurable, action taken by employers”

as a result of the scheme. That has shifted. The Government now claim that they are

“not able to measure the number of disabled people moving into employment as a direct result of it”.

How are we supposed to assess whether the Disability Confident scheme is actually improving people’s access to employment? There is a clear need for a meaningful method of evaluating the scheme and its effects in terms of getting disabled people into work.

Many disability organisations have sent us briefings, and Disability Rights UK has highlighted the concerns. When the Department for Work and Pensions launched the scheme, it did not refer to how it would look at job outcomes. What is more important is evidence—we do not see the attitudes of employers and their understanding of disability employment. For one thing, many of the employers that have signed up to the scheme are large employers that transferred from the old legacy scheme—the two ticks system. Obviously, what we need to do, looking at the numbers going forward, is see how we can continue to encourage other employers. As has been made clear, the scheme has about 5,000 members, which is great, but we have to consider that in context: there are more than 4 million small and medium-sized enterprises in this country. I would be keen to hear the Minister say a bit more today about what we are doing to encourage more businesses to become part of the scheme.

This matters because the attitudes of many employers remain the central barrier to recruiting disabled people. The charity Leonard Cheshire Disability found that 60% of line managers surveyed stated that concerns about the costs of workplace adjustments prevented them from employing a disabled person, so it is clear that employer attitudes are not shifting. Work needs to be done on improving the attitudes of employers. If we look at the details, we see that often there is a lack of knowledge about reasonable adjustments, which is obviously another barrier.

Not many employers are familiar with the Access to Work scheme. We all know that that is probably one of the most popular schemes. It is effective in its results in supporting people in work, and it supports people to stay in work. However, I always say, as I heard another hon. Member say, that it is one of the best kept secrets, because so many people are not aware of it and what it can do. How can the Disability Confident scheme grow and expand if employers are not aware of the Access to Work scheme and the important role that it plays in supporting disabled people into work? I have been a beneficiary of the scheme throughout my career.

I am conscious of the time, but will say a bit about awareness raising. Between 2014-15 and 2016-17, the Government spent about £13,500 on promoting the Access to Work scheme. I think we would all agree that a little more needs to be done on improving and raising awareness of the scheme. It would be very welcome if the Minister outlined what plans we have to raise awareness and for ensuring that Access to Work will be adequately funded. Obviously, we all want demand for the scheme to increase, because we all want more disabled people to get into work. I therefore want to hear more about ensuring that the scheme is adequately funded.

Disability Confident is a voluntary scheme. There is a question about how we can further encourage and incentivise employers to become part of it. The scheme is good in part and well intentioned. As I have said, it is sometimes difficult to measure the good impact. Not evaluating the impact is how we end up with a scheme under which, as has been pointed out, it is possible to achieve level 3 accreditation without actually employing a single disabled person. More needs to be done to ensure evaluation. I therefore ask the Minister again whether she agrees that the Disability Confident scheme should measure the number of disabled people moving into work. To build on the current scheme, there should be some sort of independent evaluator to monitor and evaluate progress under the scheme and how well employers are doing in recruiting disabled people and retaining them in work.

Independent Living Fund

Marsha De Cordova Excerpts

Tuesday 9th January 2018 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Main. I congratulate my hon. Friend the Member for Wrexham (Ian C. Lucas) on securing this important debate and I thank everybody for their valid contributions and interventions this afternoon. My hon. Friend makes a really good point in that this issue has probably not been discussed. Given it has been nearly two and a half years since the fund was closed, it is worth our revisiting it today. He points out that this is a technical issue. Also, he made the really important point that we need to know the quantitative impact of the devolving of funds on existing claimants. He rightly set out the importance of the fund and the part it has played in many disabled people’s lives to enable them to live an independent life and able to fully participate in society.

My hon. Friend set out how the fund made a contribution and how it was devolved to local authorities, particularly in England. That is a good example of the impact it could have when the scheme is changed in Wales. As it stands, it will potentially be devolved to local Welsh authorities, as has happened here in England. He made the point that local authorities’ budgets have been put under great strain, given the funding cuts they have had to endure over the past seven years. We need to take a fresh look at the way funding is given to support disabled people.

I pay tribute to Nathan Davies, a constituent of my hon. Friend the Member for Wrexham and a recipient of the fund. He is a disability rights campaigner and I thank him for all that he does. We need to hear the voices of disabled people so that we fully understand the impact that decisions made here have on disabled people outside.

[Susan Elan Jones]

Does my hon. Friend agree that one of the fears that my hon. Friend the Member for Wrexham, I and others have is that, because there are such pressures on council budgets, there will be great campaigns on locally based issues—the closure of a library or the like—but individuals with disabilities will not have that same sort of voice and could therefore be left unheard and with financial problems as a result of the changes?

[Marsha De Cordova]

My hon. Friend makes a really valid point. She is right. We need to ensure that the voices of disabled people are heard. I can refer back to my own experience here in London in a particular local authority when the campaign on the closure of the independent living fund began. A lot of campaigning took place. It is important that we encourage and empower disabled people to ensure their voices are heard. I totally take her point that we need to ensure disabled people’s voices are not lost in any of the debates. As a disabled woman myself, my role is to ensure disabled people are empowered and their voices always heard.

From the outset it is fundamental that any support for severely disabled people is adequately funded so that we can ensure people with disabilities can live independently. We know that disabled people are twice as likely to live in poverty compared with non-disabled people, in part due to the extra costs associated with living with a disability. I cannot carry on further without talking about the Government’s past record in terms of the disproportionate impact that their cuts have had on disabled people. There are 4.2 million disabled people living in poverty and over the past seven years many disabled people feel they have been scapegoated by the Government. A 2016 inquiry by the UN’s Committee on the Rights of Persons with Disabilities found that since 2010 the UK Government have been responsible for “grave or systematic violations”.

The independent living fund—I will refer to it as the ILF—closed in June 2015. The funding was devolved to English local authorities and the Scottish, Welsh and Northern Irish Governments. Devolved Governments adopted their own different policies. We have already heard about the Scottish, Welsh and Northern Irish policies. The ILF was originally set up in 1988 to help cover the extra costs of being severely disabled. It was also to ensure that disabled people could lead a full and active independent life in their community, rather than living in institutions or in residential care. At the time of the fund’s closure, more than 16,000 disabled people in Britain were receiving an average of around £350 a week towards the costs of living independently.

The ILF was a vital financial resource for many severely disabled people that enabled them to live independently. It helped to cover the everyday tasks that many of us take for granted such as cleaning, washing, cooking, going out and being able to participate fully. At the time of the closure the coalition Government stated that all existing recipients would continue to be funded by their local authorities. In reality, that has not always been the case. It was suggested that many local authorities would not ring-fence funding and the grant would simply be absorbed into a general pot.

For example, Disability Rights UK research suggested that only 29 councils in England would ensure non-ring-fenced funding would be allocated. Indeed, the UN Committee on the Rights of Persons with Disabilities,

“observed that social care packages have been reduced in the context of...budgetary constraints at the local level.”

As I have alluded to, we know that since 2010 local authorities have come under extreme pressures and have seen their budgets cut. They will continue to have to make cuts and it is unsure how much support disabled people will receive. For example, when an individual who received 27 hours of support a week through the ILF was reassessed under the local authority arrangement, he was to be given just nine hours’ support. Potentially he would have to make contributions as well, and naturally that would have been unaffordable.

The extensive cuts to local government funding have ensured that in many cases some disabled people have been restricted or limited in the lives they could lead. As has been pointed out, there were local campaigns; I was not in this place at the time but I am led to believe that there was a protest here, by disabled people who wanted to change Government’s decision to end the independent living fund in its current form without devolving it to a local level. Despite assurances from the Government of the day, support has been removed from some disabled people, and reduced for those with the highest support needs. In England in particular, there is pretty much a postcode lottery; the level of support that people get is almost dependent on the local authority area they live in. We would all agree that it is fundamental that disabled people’s independence should not be dependent on the level of funding or eligibility criteria set by an individual local authority. Distribution of funding should also be based on need; therefore there should be some sort of universal policy for how that is done.

I want to speak briefly about eligibility. That is determined by the local authority, and we do not see, in many cases, whether recipients’ support has decreased or increased. A decrease would undoubtedly have an impact on someone’s ability to live independently. I share the concern of my hon. Friend the Member for Wrexham and hope that the Minister can respond on the important issue of what the impact of the changes to the independent living fund has been. How many recipients’ support packages have been reduced, and how many have remained the same? Are there any instances, among so many disabled people, of the support being enhanced? It is also important that we should know that disabled people’s voices will be included in the future when decisions are made about them. That is something that I believe and take a stand on, as does the Labour party. Since 2013 disabled people have experienced £27 billion in welfare cuts, affecting social security and social care support.

As I said at the start of my speech, we believe that it is fundamental that adequate funding is provided to enable severely disabled people to live independently. The Government must ensure that local authorities and devolved Governments are adequately funded. I urge the Minister to touch in her response on how we will deal with working-age disabled people.

--- Later in debate ---

[Sarah Newton]

The hon. Gentleman raises a good point. We transferred the money for that purpose—I was going to come to this point later in my speech, but I will say it now. The hon. Gentleman gave various numbers for losses, cuts, and people not receiving money that came from the research that he has done, including work with third-party organisations. Before this debate I asked him to come and see me so that we could talk the issue through, because the fund was certainly transferred in the full expectation that its recipients would have their funding maintained. If there is evidence to the contrary I would like to sit down with him and go through that.

I appreciate the hon. Gentleman’s welcome for the independent review of the impact of the fund. That was carried out by leading social scientists and showed that the majority of people interviewed during the research were seeing the same level of expenditure, or more, and that the level and quality of support were going up. However, there was variability in that research, and I would be delighted to sit down with the hon. Gentleman and make sure that the money is being spent in the way that was intended.

Through the devolution of the fund, the vast majority of recipients of ILF—94%—were also recipients of care and financial support from local authorities. There was a lot of duplication, and that has enabled local authorities to have the person-centred approach that the Care Act 2014 was always about. We need to join up services around the individual because no two people are the same. No two families have the same circumstances, so we must ensure that support meets the needs of the individual and enables them to live as independently as possible. As the hon. Gentleman recognised, these are devolved matters, and it is for the Welsh Assembly to make these decisions. The Welsh Minister for Social Services and Public Health said that funding of the ILF will continue in Wales, as that will equalise support and “make it more sustainable”. That is certainly a point that the hon. Gentleman’s colleagues in Wales recognise.

We have a clear commitment to ensure that disabled people have the support to lead independent lives, and that is demonstrated in the fact that the Department spends well over £50 billion a year. This year, £52 billion will be spent on benefits to support disabled people and those with health conditions. That is around 2.5% of our GDP, and more than 6% of Government spending, and it is up by £7 billion in real terms since 2010. It is simply wrong when colleagues stand up in the House and say that the Government are cutting benefits for people with disabilities. These are indisputable facts, and when hon. Members stand up in the Chamber, and elsewhere, and wonder why there is a perception that the Government are being cruel and heartless to disabled people, I think they should look at themselves in the mirror. When Members constantly misrepresent the facts, of course people will be worried and scared. Like any other constituency MP I hold weekly surgeries, and I am frankly dismayed when people come along holding their Labour leaflets and showing me what they are being told. They are scared about cuts that are not happening.

[Marsha De Cordova]

It is not right to say that we are not being truthful because there have been severe cuts to support for disabled people. The introduction of the personal independence payment and the abolition of disability living allowance means that fewer people will receive additional support to help meet the extra costs of living with a disability. The time limiting of contributory employment and support allowance has also led to a reduction in the number of recipients who are eligible for support—

[Mrs Anne Main (in the Chair)]

Order. This is an intervention, not a speech. The Minister is replying to the debate.

--- Later in debate ---

[Sarah Newton]

I am grateful to my hon. Friend for pointing that out. The numbers clearly show a significant contribution to helping people live independently, but these things are not the only things we are doing. He is completely right to talk about enabling people to play their full part in society, including in work, and I am delighted that so many more disabled people are in work. The vast majority of disabled people want to play their full part in society and to be able to work, and we have set up very ambitious plans to ensure that more people have more support.

Let us look at some of that support. Not only do we have ESA and the personal independence payment, but enhanced and tailor-made support is available through the work coaches in Jobcentre Plus—that is more than £330 million. The marvellous Access to Work programme enables people to receive support of up to and over £40,000 a year so that they can go to work and stay in work. The subject of the newly launched Work and Health programme brings me on to the point raised by the hon. Member for North Ayrshire and Arran about working collaboratively with Scotland. I am delighted that in Scotland people are working so constructively on some of that innovation, and testing new ways that we can support people to get into and stay in work. We have a constructive working relationship with Scotland, and Scotland is benefiting from some of the considerable investment we are putting into that programme. Just this year we have two funds, one of nearly £80 million and another of about £35 million. I will, of course, always look to work with colleagues in any part of the country where we can work collaboratively and constructively to learn from each other, so that we can enable more people to play as full a part in society as they possibly can.

We have also talked about other parts of the funding. Adult social care is incredibly important for disabled people, and we have committed to publishing a Green Paper by the summer, setting out how we will reform the system and have a longer-term settlement on social care. An inter-ministerial group has been set up to do that, because it is an essential reform that we need to achieve. It is also important to have a cross-party, whole nation approach to doing that, because various Governments have tried to get it right, but we have yet to come up with a settled view we can all support. I think that is long overdue, and I will work hard to support that inter-ministerial group in coming up with a set of proposals that will aim to command the support of the whole House. Any hon. Members here who would like to join would be welcome.

[Marsha De Cordova]

I am really pleased that there will be a cross-ministerial group. Can the Minister confirm that working-age disabled people will also be considered in the Green Paper and in the reform of adult social care?

[Sarah Newton]

We definitely have two pieces of work under way. One is part of adult social care and is about the care of elderly people, and one is for working-age disabled people. That is incredibly important. We are always looking to see what more we can do to support disabled people to live as independent a life as possible, and I also want to ensure that, as we look ahead, we draw on the lessons we will learn through the considerable investment in innovation that we are putting in through the Work and Health programme. I want to ensure that we have an evidence base for the reforms we want to put in place.

In the meantime, we know we need to put more money into the system. We have put in an additional £2 billion over the next three years. That money was committed in March last year, and will mean that local authorities have the funds they need to support disabled people in living as independent a life as they can and to meet their social care needs. Councils have access to £9.25 billion more in dedicated funding for social care over the next three years. I think that, with this additional funding, local authorities have the ability to meet the needs that have been clearly set out there and to meet the responsibilities set out in the Care Act. It is important to analyse the impact of the closure of the independent living fund and I am happy to meet the hon. Member for Wrexham, because what I really want to do is focus on what more we can do in the future.

I hope that hon. Members who have been present for today’s debate will see that we have a big ambition, through a whole range of programmes, to enable disabled people to live independently and play their full part in society, helping them into work. I believe that the challenge we face as a nation is above party politics; it should be above party politics. Those colleagues who want to work with me to improve, learn and move forward to realise that bold ambition are very welcome to join me in a meeting and in that great challenge.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 18th December 2017 Commons Chamber

[Mr Gauke]

Yes, I do. My hon. Friend makes an excellent point. It is really important that that engagement happens up and down the country, and I am pleased that we are making progress. As I have said, we have over 5,000 Disability Confident employers, and I hope that we will continue to increase that number. My Department will certainly be doing everything it can to achieve that.

[Marsha De Cordova (Battersea) (Lab)]

In the recently published “Improving Lives: Helping Workless Families” paper, the Government said that they wanted to work in partnership with employers to help them to draw fully on the talents of disabled people. However, following the Chancellor’s recent comments scapegoating disabled people as being the reason for low productivity, does the Secretary of State agree that there is a need for a clear and coherent message from the Government that employing disabled people can enhance productivity and make a real contribution to organisations and businesses across the UK?

[Mr Gauke]

There is a clear and coherent message from this Government. We have seen significant increases in the number of disabled people in work, which is good for disabled people, but it is also good for the economy as a whole. That continues to be our message, and that is why we published our “Improving Lives” document. We will continue to work to improve the opportunities for disabled people in the labour market.

--- Later in debate ---

[Sarah Newton]

I would be very pleased to meet the hon. Lady and her constituents to talk about that case or to listen to their concerns more widely, but we really should put the situation in context: 8% of decisions are appealed and 4% of them are upheld. I am very aware that behind every statistic is a person, but it is actually a small percentage of the millions of people who do receive their benefits, and we are continuously focused on making the right decision, right from the outset, which is why we commission independent reviews. We welcome the findings of the latest independent review by Mr Gray, which has been published today, and we have accepted all his recommendations.

[Marsha De Cordova (Battersea) (Lab)]

Does the Minister agree that Paul Gray’s recommendations in the second independent review of personal independence payments that the routine provision of the assessment report to the claimant would both improve identification of error and incentivise better performance at the assessment stage, and will she fully accept that particular recommendation?

[Sarah Newton]

As I have said before, I am really delighted with the review and to have received its findings. We have accepted all the findings in the review. At the moment, those reports are available, so that everyone can request them. We do not think it is a good use of taxpayers’ money to provide them to people who are happy with the result, who will not be going on to make any further appeal and who are actually getting on with receiving their benefit.

Work Capability Assessments

Marsha De Cordova Excerpts

Wednesday 13th December 2017 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

I congratulate the hon. Member for Glasgow East (David Linden) on securing this important debate. He made some very valuable points, particularly about inaccurate decision making leading to a very high success rate at tribunal. I also share his hope that finally the Government will actually take some action following the inquiry that the Work and Pensions Committee are currently carrying out, which has had an overwhelming response.

I also thank all other hon. Members for their powerful contributions, particularly those sharing real-life examples of people’s experiences with work capability assessments. The Government have overseen the unnecessary suffering of many of the most vulnerable in society with these assessments, which have proven to be unfair and unfit for purpose. Despite the many Chamber debates, Westminster Hall debates and Select Committee hearings, we have seen little or negligible action.

[Justin Tomlinson]

Will the hon. Lady give way?

[Marsha De Cordova]

No, I will not be taking any interventions.

There is now a broad consensus that the work capability assessment needs to be reformed. Disabled people, disabled people’s organisations, and charities have been clear that it is a blunt instrument that often gets it wrong and frequently fails to link people to the appropriate support. Labour has made it clear that we will scrap both the work capability assessment and the personal independence payment assessments, and replace them with a holistic, supportive and enabling approach. Until then, we need to mitigate the most adverse effects of the work capability assessment.

We are all familiar with disabled people who wish to be in work and to have a career, but are left without the high-quality, impairment-specific employment support that they need to make that a reality. We are also familiar with disabled people who have no realistic prospect of work, but have been put in the wrong group—the work-related activity group of employment and support allowance. Some have even been found fit for work and put on jobseeker’s allowance or universal credit equivalents—forced on to lower rates of social security support for long periods.

There has always been tension regarding ESA and its predecessors on whether the main objective is to help those with the potential to move into work to find suitable employment, or just to save money by getting claimants on to the lowest rates of social security support wherever possible. Both objectives run side by side in uneasy co-existence, but the latter aim seems to have dominated recently, as poor-quality assessments and decisions have increased. A culture seems to have developed in which a good number of the Department’s contracted-out, private assessors seem to have a perception that the Government want to make a minimum award. There also seem to be parallel views among many DWP decision makers, even at the mandatory reconsideration stage, that that is indeed what their managers possibly require.

Some of the cases are truly appalling. A lady with muscular dystrophy was deemed ineligible for ESA after a WCA. The content of the questions in that WCA resulted in the entire assessment missing several key points about how her condition affects her, such as the dexterity in her hands, and her ability to lift her arms above her head or to use buttons. There was also no consideration of the pain or fatigue she experiences on a daily basis.

On Monday, the Work and Pensions Committee heard about a visually impaired woman with a medical certificate to prove her condition—the certificate of visual impairment—being asked by her assessor to read it out, and then asked to read other documents as a test. Disability organisations have raised the issue of a lack of knowledge and understanding among assessors, particularly of equality and the social model of disability. There is a lack of understanding about health conditions, and often inappropriate or unreasonable questions and treatment of those with disabilities. Assessment locations are often far away or inaccessible to people. Alternative forms and formats vary across providers. Questions that form the criteria of the WCA are often unsuitable to extract the information required to help the assessor to understand certain conditions. For some people, face-to-face assessments can also be unhelpful and counterproductive. Patients suffering from mental health conditions downplay their conditions, particularly if they have had negative experiences or fear being sectioned. Others have had their condition exacerbated by the process.

The Government have argued that as only a modest proportion of decisions are appealed, the rest must be right. That assumption is clearly unsound. More than 90% of mandatory reconsiderations are upheld, with some decisions made within 48 hours. That is not reconsideration; it is rubber-stamping. When we look at the results of those who go on to appeal, the success rate is drastically different: 60% for ESA appeals between 2013 and 2016. Clearly, many people simply accept decisions that are likely to be incorrect, and suffer as a result. We can all agree, across the parties, that the system is broken and unfit for purpose.

What assessment have the Government made of how many incorrect decisions go un-appealed? Faulty assessments and decisions not only penalise claimants, but swamp advice surgeries and services, and appeal tribunals. There are beginning to be concerns among the judiciary. Britain’s most senior tribunal judge has said that most of the benefits cases that reach court are based on bad decisions, where the Government have had no case at all.

Any work capability assessment should be rooted in the real world. In each case, the genuine employment prospects of that individual in the light of their disability or health condition, age, work history, qualifications, and so on, should be the subject of a skilled assessment. It should also not be a one-off event. Certainly, pointless reassessments of people whose disability or health condition is not going to improve should be avoided, but for those who have genuine future employment prospects, there should be positive engagement.

Since April 2017, new claimants in the employment and support allowance work-related activity group have been paid the same rate as JSA—a reduction of £29 per week. That measure removes any recognition of the barriers to work and the additional costs of undertaking work-related activity faced by many disabled people. The change also creates a cliff-edge of about £59 between the ESA support group and the WRAG.

This approach, linked to high-quality, impairment-specific, real-world assessments, points the way towards a much better system. I hope the Government listen to the judiciary, disabled people and disabled people’s organisations, and commit to scrapping the work capability assessment. They should also listen to Labour. We will replace the WCA with a personalised, holistic process. We will end the privatisation of assessments and the pointless stress of reassessments for people with severe long-term conditions. We will change the culture of the social security system, from one that demonises people not in work to one that is supportive and enabling. The Government must listen and ensure that there is “nothing about us without us”.

Work, Health and Disability

Marsha De Cordova Excerpts

Thursday 30th November 2017 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

Let me begin by giving apologies from the shadow Secretary of State, who is unable to be here today.

It is welcome that the Government have finally brought this statement before the House. We have waited years since the Work and Health programme was first proposed, with the Green Paper published a year ago and the consultation closing in February. The programme was initially supposed to be launched this autumn.

During the long wait, the Government have dropped the ambition to halve the disability employment gap by 2020. Sadly, today’s statement reflects only the weaker ambition set out in their recent manifesto, reducing the number of disabled people they hope to support into work by up to half a million compared with their previous aims. We should not be surprised by this disappointment, as throughout the Government’s seven wasted years of austerity, it is disabled people who, time and time again, have borne the brunt of their cuts.

The Work and Health programme is no different in this regard, with only £130 million a year set aside for its funding—a fraction of the billions spent on its predecessor, the Work programme. Indeed, the Local Government Association predicts that, with the current levels of funding, the programme can support only 110,000 claimants annually. The Joseph Rowntree Foundation is, unfortunately, more pessimistic, estimating that around 65,000 will be supported under these plans.

That is the reason for the Government’s strategy suddenly needing 10 years. They had promised to halve the disability employment gap by 2020; now it seems they promise to not halve it by 2027. The Government handing themselves an extended deadline to meet a weaker target will be very familiar to anyone who watched the Budget last week.

No doubt due to the Government’s new, relaxed approach, today’s announcement offers little in the way of commitments. It is, sadly, an attempt to kick the issue back into the long grass, with vague statements on pilots, a commitment from the Government to carry on doing what they are currently doing, and some minuscule sums for investment in training. This does not go nearly far enough.

There is a wealth of evidence about what support is necessary to deliver labour market outcomes for disabled people. Why do the Government need to do another round of pilots? We know, for example, that Access to Work is popular among those who use it, focused on the vital issue of retention for those in work, and effective in its results. Yet Inclusion London reports that, instead of expanding the scheme, the direction of travel from the Government has been to reduce the value of Access to Work packages. Will the Secretary of State commit now to expanding the funding for the programme as part of the wider Work and Health initiative, rather than simply saying that the Government will look at enhancements? The evidence has been available for years.

The statement instead praises the Government’s existing Disability Confident programme, yet produces no evidence of concrete results from it. Can the Minister confirm how many additional disabled people have found work as a direct result of the programme? Can he also confirm how much Government money has been spent on Disability Confident per additional person employed as a result of the programme? I suspect he cannot. Once again, we see the Government talking a good game but delivering nothing beyond warm words.

Of course, we welcome the vague nod to a reformed statutory sick pay, although the devil will surely be in the detail of that announcement. Yet another consultation will have to keep us content for the time being. The Government clearly like to listen; it is taking action that they find much more difficult. When will the Secretary of State bring forward details of the consultation, including a timeline for action?

The Government propose to publish a report on local partnership and better integration of health and wider support, but we will have to wait until 2019 for it—two years into their 10-year strategy, and only a year before the 2020 deadline for halving the disability employment gap. That simply is not good enough.

Madam Deputy Speaker, you will remember that when the Government cut £1,500 a year from disabled people by slashing the employment and support allowance, that was justified as being for the sake of an effective Work and Health programme. Today’s statement is clear evidence that they have broken that promise. I hope that Government Members will recognise that this is not what they were promised, and work with the Labour party to demand a stronger programme of support for disabled people. Should the Government be unable to deliver that, they should stand aside and let the Labour party get on with the job.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 13th November 2017 Commons Chamber

[Mr Gauke]

We are indeed looking into that. My hon. Friend has made an important point about the need for independent auditing of assessments to ensure that the advice provided by the decision-makers is of suitable quality, fully explained and justified, and recording is one of various options that we are considering to bring about those improvements.

[Marsha De Cordova (Battersea) (Lab)]

Let me start by welcoming the Minister for Disabled People, Health and Work, the hon. Member for Truro and Falmouth (Sarah Newton), to her place.

There has been a 900% increase in the number of complaints about personal independence payment assessments. Statistics from HM Courts & Tribunals Service show that both the number of appeals lodged and the proportion of DWP decisions overturned have increased. There was a 67% increase in the number of appeals in the first quarter of 2017 in comparison with the same period last year. Just last week, Britain’s most senior tribunal judge said that most of the benefit cases that reach the courts are based on bad decisions when the DWP has no case at all. The quality of evidence—

[Mr Speaker]

Order. We need a question mark very soon. Forgive me, but the hon. Lady’s text does seem extensive. I know that she is new to the Front Bench, and I am listening to her with interest and respect, but we must proceed speedily, because otherwise Back Benchers lose out. I know that she is coming to a question in her next sentence.

[Marsha De Cordova]

I certainly am, Mr Speaker. What action is the Secretary of State taking to improve the PIP assessment framework, the accuracy of decision-making and the standards of mandatory reconsiderations, and will he stop wasting taxpayers’ money on unnecessary and lengthy tribunal appeals?

[Mr Gauke]

Let me put the position in context. Since personal independence payments were introduced in 2013, the DWP has carried out more than 2.6 million assessments. As I said earlier, the total number of complaints received equates to fewer than 1% of all assessments. Our latest research shows that 76% of PIP claimants are satisfied with their overall experience. Of those 2.6 million decisions, 8% have been appealed against, 4% successfully. Of course, we constantly strive to improve the PIP system, but, as I have said, it should be seen in context.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 9th October 2017 Commons Chamber

[Penny Mordaunt]

The key to the programme is that participants will receive much more personalised and tailored support. We need to provide bespoke things to individuals who have complex needs if we want them to be successful. We will be looking for providers to forge links with employers, nationally and locally, but also with health and social care and other local services.

[Marsha De Cordova (Battersea) (Lab)]

The Government have backtracked on their commitment to halve the disability employment gap, and the funding for the Work and Health programme will be as little as £130 million a year, which is a fraction of what was set aside for the Work programme. Given the recent report from the UN committee on the rights of persons with disabilities, which condemned the Government’s progress, can the Minister advise when they will finally publish their response to the “Work, health and disability” Green Paper? Will the Government respond to the UN’s concerns and include high-quality, impairment-specific support, which disabled people have been calling for?

[Penny Mordaunt]

May I start by welcoming the hon. Lady to her post?

Despite the weeks of the general election, we are still going to meet our original timetable to publish the health and work road map, which will set out in detail not just the Health and Work programme, which is only one small part of what we are planning, but a full comprehensive package to deliver personalised, tailored support for disabled people, support for employers, healthcare reforms and welfare reforms.

The Office for Disability Issues is looking at the UN report; we volunteered to put ourselves through this process, and there is more we can do to lever in some of the things in that report to help achieve some of our ambitions, particularly on accessibility.

Jobcentres and the DWP Estate

Marsha De Cordova Excerpts

Thursday 20th July 2017 Westminster Hall

[Stewart Malcolm McDonald]

The hon. Gentleman makes an extremely important point, which has been adumbrated by other colleagues, particularly my hon. Friend the Member for Glasgow South West and the former Member for Rutherglen and Hamilton West, Margaret Ferrier, who was also like a terrier in this campaign. We rightly pay tribute to the work that she did to save jobcentres in her constituency.

This has been the most cack-handed project I have seen since I became a Member of the House. Given all that has happened, and given all that you and I have observed, Mr Evans, that is quite a statement to make. The information was leaked to the press. Members of Parliament were finding out through social media. We had to drag the Government kicking and screaming to have a consultation. They say that they have met their legal obligations under the Equality Act 2010, but they have still never bothered to publish an equality impact assessment, and I plead with the Minister to do so.

[Marsha De Cordova (Battersea) (Lab)]

On the lack of an equality impact assessment, more than a quarter of the jobcentres that are set to close are in London, and we know that a significant number of black and Asian and disabled people will potentially be disproportionately impacted by the choice to close jobcentres, so can the Minister please confirm when a full equality impact assessment will be carried out? Is the lack of one due to the fact that, as we know, the closures will have a disproportionate impact on those protected groups?

[Stewart Malcolm McDonald]

The hon. Lady makes an extremely important point. While the scale in London will obviously be bigger, we face the exact same issues in Glasgow in terms of who will be disproportionately affected by the cuts. I plead with the Minister to publish the equality impact assessment, because I would hate to see the Government taken to court over it, and frankly that is where things are headed.

The Minister can pull this back. He needs to engage constructively with Glasgow City Council—I am sure colleagues will ask for similar engagement in their local authority areas. He needs to start showing people that there is a proper plan to mitigate the impact of the closures, particularly on ethnic minority people, as the hon. Member for Battersea (Marsha De Cordova) said, on people for whom English is not their first language and on those who have childcare and other caring responsibilities, as the new hon. Member for East Lothian (Martin Whitfield) said. I give the Minister the opportunity to show us that he is up for serious dialogue, because since December last year it has certainly not looked like it.

--- Later in debate ---

[Margaret Greenwood (Wirral West) (Lab)]

It is an honour to serve under your chairmanship, Mr Evans. I congratulate the hon. Member for Glasgow South West (Chris Stephens) on securing what is and remains a really important debate—although we have had it several times already. He spoke powerfully of the intergenerational poverty and deprivation in his constituency. That was a theme picked up by the hon. Members for Inverclyde (Ronnie Cowan) and for Glasgow North (Patrick Grady), and my hon. Friend the Member for Glasgow North East (Mr Sweeney), who spoke of the impact of the closures on some of the poorest in the UK.

There was also a strong contribution from my hon. Friend the Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney), who talked about the impact that the 250 job losses will have on the local economy in his constituency. Members also spoke of the disproportionate impacts on certain groups in society—most notably my hon. Friend the Member for Battersea (Marsha De Cordova), on black and Asian people, and my hon. Friend the Member for Midlothian (Danielle Rowley), on WASPI women.

From the Government Benches, the hon. Member for Ayr, Carrick and Cumnock (Bill Grant) said that there will be pain and that for some people there will be extreme challenges. I ask the Minister to reflect on that.

As we know, the Government have recently confirmed plans to close around one in 10 jobcentres in the UK by March 2018. Public consultations were held on just 30 of the 78 jobcentre closures proposed in January, and only 16 have been reprieved, with three additional closures now confirmed. We understand that 590 jobcentres will be retained, 109 will be closed, and 50 collocations will go ahead. The future of eight sites is still to be negotiated. Yet the Department for Work and Pensions has yet to provide details of when each office closure is to take place, even though some could be as early as this summer. Will the Minister tell us when the first centres are scheduled to close, and which ones they are? People have a right to know. Will he publish the current closure dates planned for each office, so that people can have as much information as possible to make provision as they need to for the change in circumstances?

Jobcentres provide really important services in our communities, offering services that are designed to support people should they be unfortunate enough to lose their jobs or become ill or disabled, as well as for those who have been disabled throughout their lives. It is often said that how a society treats its most vulnerable is a mark of its civilisation. Our social security system is precious and should be there for people in their time of need. However, it appears that the Government are eroding our social security system and failing to pay heed to the needs of individuals and communities, at a time when we face the uncertainties of Brexit, increased job insecurity with 1 million people on zero-hours contracts, a crisis in low pay and the Government’s introduction of in-work conditionality—sanctions for working people, as it is also known.

It is increasingly clear that the impact of the closures on claimants will be considerable and the effect will be most acutely felt by the most vulnerable in our society, such as the chronically sick, the disabled and those with caring responsibilities, along with those with poor or no IT skills. Where, then, are the equality impact assessments for the closures? We have asked for them, but they are still yet to be seen. The Government are disregarding the needs of communities at the very time when the world of work is changing rapidly. The Government are yet to publish the equality analysis for the closures. Can the Minister give an exact date for when the full equality analysis will be published?

The Secretary of State said it is reasonable to ask claimants to travel further to another jobcentre as that is what people in work have to do every day, but he does not take into account the fact that those people have wages to pay their travel fares. People claiming social security are more likely to have a health problem or disability. They are more likely to struggle to travel longer distances, and as a result are at greater risk of being sanctioned for being late. People with children may also find it difficult to travel longer distances. What assessment has the Department made of the impact of the closures on claimants’ travel times, and of the associated costs? Can the Government specify whether the travel time includes those who cannot afford public transport and have to walk?

[Marsha De Cordova]

On the issue of the closures, it would be helpful if the Minister could talk about travel times and set out what mechanisms will be in place to support those with mobility issues or other disabilities, who will have to travel further. What adjustments will be made for those protected groups?

[Margaret Greenwood]

My hon. Friend makes a really good point, and it is important that the Minister responds to it.

What guidance does the Department intend to give staff on sanctioning people who miss an appointment because they have to travel further? We need to be clear about what sanctioning can mean to people. A first sanction means no benefits for four weeks. A second sanction means no benefits for three months. A third sanction means no benefits for up to three years. The system risks forcing people into destitution, crime or suicide, so this is a really important issue.

Let us consider the roll-out of the full service of universal credit. The DWP is reducing its estate at the same time as it is speeding up roll-out of the full service of UC. Over the past two years, the full service of universal credit has been rolled out to five new areas each month. This month, it has been extended to 30, and there are plans for it to be accelerated in October to 55 new areas per month. If the DWP feels able to announce such far-reaching plans to close jobcentres, it must surely have a clear idea of what the impact will be on work coaches, who are at the centre of its plans for employment support, but the Minister’s answer to a written question I submitted asking for the DWP’s assessment of the optimal number of universal credit claimants in a work coach’s caseload was vague to say the least. Will the Minister give us a clearer response today? What is his Department’s assessment of the optimal number of universal credit claimants a work coach can deal with, for both the live service and the full service? Or is his Department forging ahead with plans to close jobcentres without a clear idea of the number of staff needed?

The closure of jobcentres and the migration to online applications will make it harder for many people to claim social security. Many people do not have access to computers or mobiles, are unable to carry out transactions, or are not able to use the internet at all. A 2015 study by Citizens Advice Scotland found that 59% of respondents were unable to make an application for benefits online without help, and 30% of respondents were not able to apply for a benefit online at all. In Glasgow’s most deprived areas, almost half of respondents had never used the internet. More than half of clients did not have a computer or a device they could use to access the internet, and more than 40% of survey respondents could not use a computer at all. The Minister’s response, when questioned on claimants’ access to IT, has been to say that jobcentres provide access to PCs. If jobcentres are closing in large numbers, surely there will be less access to PCs for those who need to use them.

It is becoming clearer that the full digital service roll-out is experiencing major problems. Claimants are forced to spend increasingly long periods on the phone to try to resolve issues relating to their claims. A recent Citizens Advice report suggests that sometimes the only way to resolve a problem is to go to a jobcentre directly. The report calls for a comprehensive support package to be put in place, offering face-to-face help with all aspects of making and managing a universal credit claim. Will the DWP listen to Citizens Advice’s call for such a package? What is the DWP’s assessment of the effectiveness with which the full digital service is being rolled out? The process is called “test and learn”. Can the Minister please tell us what has been learned so far?

Let me turn to back-of-house offices. Front-facing jobcentres are not the only service the DWP is cutting. All but two back-of-house offices face closure, and staff are to be concentrated in a small number of hubs. That will have serious implications for staff, who will be forced to travel further or move. For some people, that will be practically impossible. Can the Minister tell us how many people will be made redundant, first, from the planned jobcentre closures, and secondly, from the closure of back-of-house offices?

Let me turn to the health and safety impact. The transfer of staff and claimants from jobcentres that are closing also raises health and safety issues. The closures will put more pressure on overstretched staff. The Minister said that work coaches are the central customer-facing role, but Jobcentre Plus staff dealing with phone inquiries about claims are also frontline staff. It can be extremely stressful to answer calls from people who are frustrated about a problem with their claim or delays in processing it. The Public and Commercial Services Union reports that staff are already being taken away from processing claims to answer phone lines, which leads to a vicious cycle: claimants are more likely to phone to ask what is happening to their claim because it has not been processed due to the delays. Apparently, among staff, it is known as the “cycle of hell”—a circle of inefficiency and stress, which they are struggling to get out of. Will the Minister tell us what steps he is taking to ensure the health and wellbeing of staff in DWP offices?

The Secretary of State said on 6 July that the DWP is actively recruiting. That is welcome, but I would be grateful if the Minister could share with us the DWP’s current assessment of Jobcentre Plus’s performance on staff retention. Will the DWP publish statistics on the turnover of Jobcentre Plus and back-of-house office staff?

[Mike Gapes in the Chair]

In the debate on 6 July, my hon. Friend the Member for Lewisham, Deptford (Vicky Foxcroft) rightly raised the issue of the safety of young people who travel from different parts of south London, in the context of increasing youth violence. PCS raised similar concerns with me in relation to other major cities. Problems are likely to arise when services are merged in one office in an area with a gang culture. That serious issue is likely to affect staff and claimants, so it is important that the DWP listens to and acts upon the concerns of staff in such cases. Will the Minister give an assurance that he will do that? What support is DWP offering staff to ensure they maintain their emotional and physical wellbeing at work?

It is important that there is sufficient room space available in the remaining jobcentres so claimants who have to disclose personal information can do so in privacy. Has the DWP carried out a health and safety assessment of the impact of the planned closures? If not, why not? If it has, will it publish it?

My concern is that acceleration of the roll-out of the full digital services of universal credit, together with the programme of the rapid closure of jobcentres, will put intolerable pressure on staff and create chaos for claimants—especially the most vulnerable. The Government’s answer to any criticism of cuts to social security is that work is the best route out of poverty. Why, then, are they closing jobcentres on such a scale, when they offer services that are specifically designed to help people find employment?