Personal Independence Payments

Anas Sarwar Excerpts

Tuesday 22nd January 2013 Westminster Hall

[Julie Hilling]

I thank my hon. Friend for that intervention, and I will go on to talk in much more detail about some of the issues that she has raised.

Going back to my constituent, Margaret, she says that without her current rate of DLA she would not be able to afford the TV and internet package that she has, which would make her even more isolated from family, friends and the rest of the world. Her partner and carer, Jim, suffers from serious mobility problems; effectively, they care for one another. They are very worried about the potential effect of PIP, and they are also worried that some bright spark at Atos or the Department for Work and Pensions will actually declare Margaret fit for work.

Let us compare Margaret with John, who has been blind from birth and depends on his DLA to live independently and get to work, or with Michelle, who lost her central vision in 2005 and took a while to get back into employment. Michelle told me that she is registered blind, but apparently she is not blind enough to qualify for higher rate mobility, although she uses a long cane and frequently falls over. There is also Barbara, who had to leave nursing in her early fifties because of deteriorating vision but who then worked part time as a support worker to blind and visually impaired students.

We know that eye conditions can be very different: some rob people of central vision; some block out other parts or make looking at life like looking through lace curtains; and some cause a loss of depth of vision. There are many different ways that vision can be affected. So my question for the Minister is whether PIP will be flexible enough to focus on individual needs.

Peter also contacted me to raise concerns that blind and partially sighted people who cope with their condition may be penalised and lose benefits because they have made the effort to cope and have been able to do so. He is worried that people who have coped in the past will now refuse to cope, so that they can retain benefits. What is the Minister’s view on that?

Let us focus on mobility for a moment. The criteria refers to familiar and unfamiliar routes, stating that an individual who qualifies cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid, or cannot follow the route of a familiar journey. John and others have talked to me about the reality that, for people with severe sight loss, there is no such thing as a “familiar” journey. Let me quote him:

“What is a familiar route? For me there is no such thing as a familiar route. For me, “familiar” is based totally on sound and feel. These constantly change. No route is the same two days running - disruptions are caused by wind, rain, people and traffic and I cannot use sight to check that it is safe or to update my knowledge of the changing environment en-route. Feel, via a long cane, is disrupted by ice, snow, leaves and standing water which disguise important orientation points like kerbs and tactile paving. “Bin day” turns pavements into dangerous, practically impenetrable obstacle courses with heavy randomly placed bins. Despite Highway Code regulations, cars are often parked with impunity well onto the pavement, vans leave ramps down and rear doors flung wide open. These obstacles are silent, invisible to me. With no sight, no auditory warnings, I regularly walk straight into these and have the scars to prove it. There is a limit to the amount of adapting one can do! I am vulnerable when asking strangers for direction. They may be ignorant or undesirable. I have never successfully, independently accessed a supermarket because the act of moving around brings me into contact with all manner of objects and people which are in close proximity. I’m not aware until I have actually hit them. This is neither appropriate nor socially acceptable behaviour and causes me great anxiety. Trying to travel on a bus or a train throws up the challenge of accessing transport information and bus stops, finding the right bus, recognising stops, finding a space to sit or a person to ask. A talking mobile phone is indispensible but very costly.”

John very kindly took me on the “familiar” route from his house to the main road, which was an absolute education for me. Because he needed to access different surfaces to understand where he was on the route, he was unable to take the shortest route and in fact some of the places that he ended up walking were, for me, far more dangerous than the straightforward route; however, he needed to access different surfaces. In order to cross a piece of land diagonally, he had to ensure a piece of wall was in the middle of his back at just the right angle so that he would end up at the right position for the next stage of the journey. A walk that would take an able, sighted person 10 minutes took him about half an hour.

I appreciate that, with the change in descriptors, John will be entitled to the higher rate of mobility, but what about Michelle? She only has peripheral vision and cannot see at night. As for the daytime, she said to me:

“If I see a puddle, I don't know if it’s a hole or a puddle.”

I have mentioned Barbara, who is a long-cane user and who has talked to me about hazardous journeys where, for example, there are shared pavements or traffic lights that do not have audio or tactile light-changing indicators. Of course, there are also cyclists who do not adhere to lights or—it seems to me—any other elements of the Highway Code, and of course they are another danger. Does the Minister expect partially sighted people who always use a long cane for familiar and unfamiliar journeys to qualify for the higher rate of mobility?

Concern has also been raised that the criteria of being able to do something reliably—safely, to a necessary and appropriate standard, and repeatedly, in a timely manner—will not be in the regulations. They are welcome descriptors, but how can the Minister assure us that those criteria will not change if they are not explicit in the regulations?

[Anas Sarwar (Glasgow Central) (Lab)]

I thank my hon. Friend for giving way and I congratulate her on securing this important debate. As she knows, guidance notes for the PIP assessors play a key role in ensuring that we get a fair deal for those who are blind or partially sighted. Will she press the Minister to publish those guidance notes as soon as possible?

[Julie Hilling]

I thank my hon. Friend for that intervention, because it is really important that those guidance notes are printed. However, I also question whether we actually need to put those criteria in the regulations themselves.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)]

I congratulate the hon. Member for Bolton West (Julie Hilling) on securing the debate on such an important issue and welcome all the contributions that have been made. It is a pleasure to serve under your chairmanship today, Dr McCrea.

The UK remains a world leader in rights for disabled people, and we currently spend almost £50 billion a year on services and benefits for them. Those valuable support mechanisms enable disabled people to make their own choices and live as independently as possible. However, for those valuable services to continue to be available, they must be provided in a sustainable way that reflects the needs of disabled people in today’s society.

It is generally recognised by hon. Members on both sides of the House and by the Select Committee on Work and Pensions that disability living allowance needs reform, to reflect today’s understanding of disability better. DLA has not been fundamentally reformed since its introduction more than 20 years ago, and it is a complex, poorly targeted and inflexible benefit, for some. There is confusion as to purpose and sometimes unfairness in the awards that are given, which has damaged public confidence in the benefit. The changes in the treatment of blind and severely visually impaired people, from DLA to PIP, should be welcomed, for we are giving the clarity that the hon. Lady seeks.

If there had not been a need to deal with the faulty structure of DLA in the first place, it might have taken slightly less effort to bring about the changes that we need in PIP. There has been a rigorous consultation over nearly two years, taking into view representations from charities and organisations that have all had a say.

[Anas Sarwar]

Will the Minister join me in congratulating the Royal National Institute of Blind People, which has campaigned extensively on the issue and has managed to get some concessions, although there is still work to do?

[Esther McVey]

I will indeed congratulate the RNIB and other charities and organisations that have represented the needs of blind and partially sighted people. The hon. Gentleman makes a good point.

The approach taken in the DLA to recognise the mobility difficulties of blind and severely visually impaired people does not look at people as individuals; it looks at their conditions. What we are doing—and, I believe, what the hon. Lady seeks—is requiring that everyone needs to be looked at as an individual: how has their condition affected them? That really is what PIP is intended to do. It is personalised. It is about the individual: what help that person needs.

At the moment, for DLA, 50% of claimants do not have medical support for their condition. More than 70% have an award for life. We seek to serve the public, including the hon. Lady’s constituents, as well as we can by making an award that is personalised.

The hon. Lady’s first question was about means-testing: no, the award of DLA and PIP is non-means-tested and that is how it will remain. It is intended to help those people with the most barriers to overcome them and live independent lives. As I said, it is very much about the individual, about what is fair to that individual and about the needs arising from the condition. To that extent, it is very much personalised. It will be flexible enough to reflect individual needs—that is what PIP is specifically designed to do. It is about having clarity, so that people will be certain of what they will get, but also about flexibility.

I thank the hon. Lady for bringing her constituents’ concerns before the House, because that is what we are here to do, to put a face and a person behind the needs, so that we can explain things clearly.