ESA and Personal Independence Payments

Debate between Angela Crawley and Nadine Dorries

Wednesday 30th November 2016 Westminster Hall

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I beg to move,

That this House has considered employment and support allowance and personal independence payments.

It is a pleasure to serve under your chairship, Ms Dorries. First, I wish all my constituents a happy St Andrew’s day. It is a privilege to bring the difficulties of many of my constituents to the House for consideration, and those of the people across the UK who have experience of trying to access support when they need it most through either employment and support allowance or personal independence payments. Since I became an MP, a large percentage of the constituency casework that I or my staff have dealt with has been a result of ESA and PIP issues.

Owing to the very nature of the benefit that they are trying to access, these people are vulnerable. Many are experiencing serious illness for the first time in their lives and are facing a huge process of adjustment. That is hugely stressful, and this process is hugely stressful for those individuals, who often feel dehumanised and part of a process. The assessment procedure only serves to make things worse. Of the ESA and PIP cases that my office has dealt with—I will discuss one particular case in detail today—many have involved complaints about the assessment process. These assessments are often inhumane, needlessly stressful and unfair to claimants. Many other cases have required intervention following unsuccessful personal independence payment claims, the vast majority of which have been overturned on appeal.

My constituency is sadly not an anomaly when it comes to appeals figures. The latest statistics on appeals against PIP decisions show that 65% of appeal decisions found in favour of the claimants. Not only does that highlight a deeply flawed system, but it clearly shows that a number of people who are subjected to these highly stressful and often prolonged, protracted processes to get the support that they need are ultimately entitled to that support. The statistic of 65% of appeals overturned evidences that, and unless the Government can tell me statistics to the contrary, I am going to assume that their system is not working. It suggests that the system needs to be radically reformed. The high appeal and overturn rate is unacceptable—and unsuccessful on the Government’s part, if they are trying to drive down the number of illegitimate claimants—particularly when it impacts so negatively on the claimants who require this support the most.

If you will indulge me, Ms Dorries, I want to turn to the case of my constituent, Donna. I have the permission of my constituent to raise this issue, and they have asked me to do so in order to illustrate the impact of the benefits system on their life and to highlight the serious inequality they face. Donna, who lives in Carluke, is a mother of two children. She has a supportive husband. She established a café called the Hope Café, which is a mental health charity, and she is an advocate and a champion for supporting those with mental health problems. I commend Donna on her bravery in opening up to me so fully about her experiences with the Department for Work and Pensions. She has given me permission to share her story in full, because she hopes that it will illuminate the effect of malpractice and the effect that the assessments had on her life.

Donna became seriously ill with severe depression and anxiety 10 months ago. She told me that her mental illness made her believe that her two young children, aged eight and 10, would be better off without her in their lives. She told me that her mental illness made her believe that she was useless and worthless and had no skills worth sharing with the world. It made her think that her close friends and family were ashamed of her for being weak. That is the mindset of someone in the grip of depression, and it is incredibly difficult to break out of. Months later, thankfully, she is recovering, and as her background is working in mental health, she is keen to use her personal story to highlight the flaws in the benefits system and hopefully improve the process for others.

Donna went through the application process for both personal independence payment and employment and support allowance, which she found, in her own words, extremely harrowing. She first contacted my office to ask whether we could intervene to support her, as she was required to attend capability assessments for ESA and PIP. Donna, being logical and thinking that this would be an end in itself, asked whether she could endure one assessment. We are aware that this is not how the process works. Instead, Donna underwent an employment support work capability assessment and was asked back for a further personal independence assessment. On both occasions, she endured the lengthy assessment procedures, because these are classed as two separate benefits and the assessments are carried out by two separate providers. She found both assessments incredibly difficult. She told me that the questions she was asked made her re-live the worst days of her life, and she felt that if she had not got the award, it would have been overwhelming. At points, it made her want to give up.

Let me make the point clear: people experiencing severe depression already feel worthless. Being rejected for financial support gives concrete evidence for what they believe, in their minds, to be fact. For many people, it is the last straw. Donna told me that she was not surprised that, as a result, the suicide rates that she deals with every day are increasing.

Donna told me that her illness affected not only her, but her whole family; however, she has been lucky to have great support from her family and friends. Many others are not so lucky. For many people, where would they be without family support? At the point of rejection from the benefits system, who are they supposed to turn to? Donna’s case highlights the fact that no consideration is given to the detrimental effect of the system on the already overwhelmed mental state of a person going through the assessment process. The reason they are in that position in the first place is often because of circumstances beyond their control. Consideration must be given to each individual applicant and their circumstances. The recent film “I, Daniel Blake” by Ken Loach highlights both the hard-hitting, honest and gritty reality and the brutality of this Government’s policies.

Donna also brought up the fact that assumptions are made about claimants based on the observations of the health care professionals. She asked for a copy of her medical assessment report and was disgusted that comments were noted about her appearance, personal grooming and whether claimants are tired or sweating. The comments were as follows:

“Looks tired…looks thin…underweight, clothing loose, dark circles under eyes ... unkempt, untidy … unwell … troubled … sweating … pale … facial expression showed no emotion but was tearful … restless … fidgety… difficulty coping due to anxiety … seemed agitated … poor rapport, poor eye contact … withdrawn … self-harm thoughts identified … no delusion … no obsessive ideas … unable to complete five rounds of ‘serial sevens’ … unable to calculate correct change when asked a sum … unable to spell ‘world’ backwards … unable to remember three objects first time … had insights into their illness.”

I ask the Minister: is this the kind of system that the Government have set out to achieve? Is this a system that offers fairness, dignity and respect? Where, ultimately, is the humanity in that process? Although many of those factors may be indicative of illness, many are circumstantial and subjective, given the particular illness that someone may or may not be assessing. For example, how would Donna’s entitlement have been affected if she had been immaculately dressed, had been having a good day or did not exhibit some of the behaviours outlined in that prescriptive list?

It has taken Donna 10 months to feel better. For seven of those months she has been awarded personal independence payment, and for the past four months she has been receiving employment support allowance. Access to those benefits has been vital to her recovery. Donna wishes to return to work when she can, and she can manage her own health. She knows her limitations, yet at this stage, due to her recovery, she faces the prospect of losing those benefits, which help her to sustain her family at this already difficult time. She is all too aware that if the support is removed too soon—which could mean pushing her back to full-time work—while she is at a vital stage in her recovery, she could end up right back at the beginning again.

Like physical illnesses, mental illnesses take a long time to heal, and there is no consideration of that in this process. Donna suggested that it would be helpful to her health to have a phased return to work—as a professional in this area, she knows only too well about recovering from depression—whereby she could still claim benefit and return to work slowly to build up her strength. Permitted work was explained to Donna, but as she knows only too well from her professional experience and from talking to others, as soon as a claimant lets the Department for Work and Pensions know that they are able to work for a few hours, they are ultimately called for reassessment and asked to go back to work full time. Donna told me that she would like to do a few hours a week volunteering, to get back herself back on her feet, but the criteria apply even to voluntary work. There is no middle ground.

Donna’s case illustrates that the work capability assessment is not fit for purpose. Sadly, that chimes with the calls from mental health organisations across the country, including Citizens Advice, the Disability Benefits Consortium, Mind and the Scottish Association for Mental Health. They have highlighted that the tick-box method of the work capability assessment fails to identify claimants suffering from debilitating mental health problems, and it certainly fails to take their needs into consideration.

I mentioned figures for personal independence payments earlier. Similarly, the latest figures show that 59% of initial ESA decisions were overturned on appeal. The Government have made one small concession on ESA by scrapping the retesting of chronically ill and disabled claimants—so one small part of the system now relies on common sense over bureaucracy—but that has simply fixed one part of an altogether broken system. Although exemptions from repeated assessments for chronically ill claimants and those with long-term illnesses are welcome, it is extremely disappointing that the Department for Work and Pensions and the Secretary of State have not considered that for PIP claimants.

I hope the Minister will take heed of the problems I have discussed with the work capability assessment and consider the effects that the process can have on the mental wellbeing of claimants. I respect the hard-working staff at the Department for Work and Pensions who ultimately are asked to administer this Government’s policy. My constituents and people up and down the UK deserve a social security system that is designed to offer people dignity, respect and fairness. It is time that the Government stepped up to their responsibility. We are all citizens, we are all human and we all deserve respect.

Let me add that when the responsibility for personal independence payments is devolved to Scotland—I am sure the Minister will come to this point—we will look to design the system appropriately. As she will be aware, it takes time to get the system right, because ultimately we are talking about the most vulnerable people in society. They deserve a social security system that gives them fairness, dignity and respect. I am sure we can all agree on that.

[Nadine Dorries (in the Chair)]

I now call Mr Shannon—you are on the list, Mr Shannon. Did you put in to speak?

--- Later in debate ---

[Angela Crawley]

I thank you for that, Mrs Dorries. I thank all hon. and right hon. Members—

[Nadine Dorries (in the Chair)]

Order.

Motion lapsed (Standing Order No. 10(6)).