Disabled People: Support

Baroness Keeley Excerpts

Wednesday 27th January 2016 Westminster Hall

[Barbara Keeley (Worsley and Eccles South) (Lab)]

It is a pleasure to speak in this debate with you as our Chair, Mr Crausby. I congratulate my hon. Friend the Member for Bermondsey and Old Southwark (Neil Coyle) on securing this important debate and on the excellent way in which he opened it.

I want to touch on the impact that the Government’s policies and proposals are having and are likely to have not only on disabled people, but on their family carers. The toxic combination of cuts to local authority budgets and changes to support are having a significant negative impact on disabled people and on their carers. My hon. Friend gave an excellent analysis of many of those impacts.

Social care is widely seen to be in crisis. The most recent survey by the Association of Directors of Adult Social Services reported that 400,000 fewer people are receiving social care services than in 2009-10. Of those who are still supported, a significant number are now getting less care. Most directors expect that still fewer people will get access to services over the next two years.

There have been five years of funding reductions, totalling £4.6 billion and representing nearly one third of real-terms net budgets for local authorities. This year, adult social care budgets will reduce by a further half a billion pounds in cash terms. Taking the growth in numbers of older and disabled people into account, an additional £1.1 billion would be needed to provide just the same level of service as last year. Before the Minister tells us that the Government are putting £3.5 billion back into social care in future years, I should tell him that I see the Government’s funding plans for social care as risky, uncertain and late.

Proposed increases to the better care fund are risky, because they are so back-loaded. They do not reach £1.5 billion until 2019, but as I said, demand is growing each year before then and we have already lost £4.6 billion. Funding from the social care precept is uncertain; it can only raise £1.6 billion by 2019-20 if every single council decides to raise council tax by the maximum possible, and they may not do so. However, adult social care is in crisis now and there have been significant cuts since 2010. Local authorities are not helped by Government funding that is too little and that comes too late.

Two months ago, the High Court ruled that the benefit cap unfairly discriminates against disabled people and their carers. I am glad that the Government are finally conforming to the Court’s ruling and exempting full-time carers from the benefit cap. However, other changes to social security are still in the pipeline and are causing serious concern for carers. The Government have announced consultation on the possible devolution of attendance allowance to local authorities in England and Wales. I know that Carers UK is deeply concerned about that announcement.

Attendance allowance is an important source of financial support for older people with care needs. It is a gateway benefit entitling the carer to claim carer’s allowance. Currently 295,000 people receive carer’s allowance or other financial support because they are caring for somebody who is receiving attendance allowance. There are deep concerns that the Government’s proposals will mean further delays and variations in people receiving these essential benefits. Local authorities, such as mine, Salford City Council, are still under severe financial pressure due to budget cuts. Salford has had to cut its budget for adult social care by £15 million since 2010.

Without ring-fencing, it is feared that the funding for attendance allowance will be absorbed into local authority social care budgets and then start to be subject to ongoing cuts. It is unclear whether local authorities will be allowed to change the eligibility criteria and level of payment for attendance allowance. If they are given that flexibility, it could lead to eligible carers losing the right to receive their carer’s allowance.

I am sure we all accept that carers provide the bulk of the social care in this country and save the state billions of pounds. If carers are unable to claim carer’s allowance they may be unable to continue caring and be forced back to work, putting pressure on local NHS and care services. Will the Minister say what steps are planned to ensure that the availability of attendance allowance and the eligibility criteria for it will be protected from local variations? It would be helpful if he told us whether he has assessed how many carers would lose access to carer’s allowance as a result of the proposed changes to personal independence payment eligibility. I will come to that.

The proposals to alter the aids and appliances eligibility criteria for PIP may also mean that fewer disabled people will receive the support they need. Currently, 35% of people who are ill or disabled qualify for PIP solely through the aids and appliances descriptors. As PIP is also a gateway benefit for carer’s allowance, any move to restrict PIP eligibility will have a significant impact for carers. I understand that the evidence base for the proposed reforms to PIP is based on an analysis of only 105 claimants when over 611,000 people are claiming PIP. That seems to be an absurd evidence base. The PIP assessment cannot encompass the complexity and fluctuating nature of many health conditions, such as multiple sclerosis and Parkinson’s disease.

The Government’s rushed consultation on the changes will close on 29 January. Disability and carer’s charities have said that all five of the Government’s proposed changes would restrict access to PIP and therefore carer’s allowance. Cutting PIP further is likely to put disabled people and their carers at risk. There are currently more than 7 million carers in the UK and hundreds of thousands of them may be hit by the Government’s proposed changes to support for disabled people. In a submission to the Government, Carers Trust has said:

“Failing to support carers means failing to protect and secure the longevity of our health and social care system.”

Continued underfunding of social care will undermine plans for the NHS and the integration of health and social care. The key point is that it will also damage the health of carers, many of whom—Carers UK reports—are already reaching breaking point.

--- Later in debate ---

[Barbara Keeley]

I had not heard the news that the hon. Lady has just announced, and I am delighted to hear it. I introduced a ten-minute rule Bill to exempt carers from the bedroom tax, but Government Members shamefully spoke against it.

[Dr Whiteford]

I thank the hon. Lady for making that point. She has a very strong track record of standing up for carers.

Disabled people and those with long-term health problems have faced huge upheaval and uncertainty during the past few years as the austerity measures have kicked in. For many, the changes to social security have already left them significantly worse off and living in precarious and reduced circumstances.

A couple of weeks ago, I was privileged to meet some of the disabled people who came to Parliament as part of the lobby organised by the Disability Benefits Consortium. I pay tribute to it and the other organisations that brief us on the real experiences of disabled people. We need to listen to them, because their experience should inform policy far more than it does at the moment.

As I mentioned, we are having this debate on the day when the Lords will vote on aspects of the Welfare Reform and Work Bill. There has been speculation that the Government may well face another defeat, on the cuts to employment and support allowance that were mentioned earlier. I moved amendments to the Bill on Report, which I am pleased to say were supported by Opposition parties, that would have removed those changes. They are deeply regressive and punitive on people whose disabilities are so severe that even under the very flawed work capability assessment, they have been found unfit for work.

I would be among the first to acknowledge the shortcomings of the work-related activity group classification. It has not been helpful or effective for anyone, and I echo the wider point made by the hon. Member for Blackpool North and Cleveleys (Paul Maynard) about the ESA process. However, the key point in our debate today is that people placed in the WRAG are people who are not currently fit for work. There is a wealth of evidence that piling financial or moral pressure on people when they are recovering from illness or living with long-term health conditions does not motivate them to get better any faster; it actually makes them more ill. Living in poverty while too unwell to work simply compounds the challenges that sick and disabled people already face and slows their recovery.

We get to the heart of the matter when we look back at the original announcement. Last summer, during his Budget statement, the Chancellor said that ESA was supposed to end what he termed

“some of the perverse incentives in the old incapacity benefit, but instead it has introduced new ones.”—[Official Report, 8 July 2015; Vol. 598, c. 333.]

Quite seriously, that is what he said. He seems to think that ESA creates incentives for people to be disabled or sick. It is the Chancellor’s thinking that is perverse, because there is absolutely no incentive for any person to live with the limitations, the pain, the social insecurity and the material disadvantage of disability. If the Chancellor thinks that £102 a week of ESA creates an incentive, he must be wired to the moon.

Research published by the Disability Benefits Consortium for an earlier stage of the Welfare Reform and Work Bill showed that 70% of the disabled people surveyed by the consortium believed that further cuts to ESA would cause their health to suffer. Other hon. Members have alluded to that. The word “further” is most telling, because we need to understand the context of the cut in the work-related activity component. As others have said, it comes on the back of the Welfare Reform Act 2012, which allowed for the transition from disability living allowance to personal independence payment, cutting the budget for support for disabled people by £1.5 billion a year and significantly raising the bar on who can receive support.

Let us not forget that the bedroom tax was also a direct assault on the incomes of disabled people. Even when the legislation was going through Parliament, the DWP’s impact assessment showed that two thirds of the households that would be affected were home to someone with a disability. In Scotland the impact was magnified, and eight of 10 households affected were home to a disabled person. I am glad that the courts have ruled that the policy is discriminatory, as has been said all along and as hon. Members stated repeatedly in the House at the time. When we talk about the latest cuts, we must remember that the people who are being sanctioned are disproportionately affected by disability. We really should not need courts to determine those things when we have the evidence before our eyes.

We must take cognisance of the fact that the new measures come at a time when disabled people are already struggling on reduced incomes—and they are really struggling. The hon. Member for North Tyneside (Mary Glindon) laid out in some detail just some of the practical ways in which that manifests itself. The Disability Benefits Consortium research revealed that 57% of respondents had found that the amount of ESA that they currently received did not cover the extra costs of living with disability, and, as a consequence, many experienced difficulties in paying for essentials like food, extra heating and the extra transport costs that they may incur.

I want to touch briefly on the parliamentary review, “Halving The Gap?” led by Lord Low, Baroness Meacher and Baroness Grey-Thompson, which makes valuable recommendations. The report notes that some 500,000 people with physical or learning disabilities, mental health problems or autism are currently assessed as being unfit for work. I want to emphasise that that is the reality. People in the work-related activity group have been assessed as not fit for work, even under the stringent criteria of the work capability assessment, and slashing their incomes by £30 a week is only punitive. It cannot make them better more quickly. It will not incentivise them back to work. It will only make them poorer. For some, it will damage their health. The Government say that they want to halve the disability employment gap, but the policy is still without substance. We are still waiting for a strategy, and I hope that the Minister will bring forward more substantial proposals.

The barriers that disabled people face in accessing and sustaining employment are real, so concrete support through the social security system is vital. Often, it is financial support that people need. The difficulty is the Government’s track record; they have had to be dragged through legal processes to force them to make changes. Last time we debated the matter, I raised the High Court ruling that the DWP had unlawfully discriminated against disabled people on the issue of carers and the benefit cap, as the hon. Member for Worsley and Eccles South (Barbara Keeley) mentioned. Yesterday’s Government U-turn was not announced in a parliamentary statement; it was sneaked out on Twitter. That is an interesting way to do things.

It is sad that it has taken a legal challenge for the Tories to accept the damage that their obsession with austerity, and their willingness to put disabled people on the frontline of austerity cuts, is inflicting on disabled people. Disabled people should not have to fight through the courts for recognition of their rights, and we should not need a High Court judge or a Court of Appeal judge to determine that the benefit cap and the bedroom tax discriminate against those people. I am glad that the Government have been forced into retreat on the matter, but I hope that they will now take far more seriously the disproportionate impact that their cuts are having on disabled people, who are already disadvantaged.

The inquiry by the UN Committee on the Rights of Persons with Disabilities is a real indictment of the Government’s approach to supporting disabled people. I reiterate the point that the hon. Member for Bermondsey and Old Southwark made in opening the debate: the UK is the first country to be investigated by the UN in relation to the convention. The Prime Minister has tried to dismiss the investigation by saying that

“when you look at these investigations you find that they are not necessarily all they are originally cracked up to be.”—[Official Report, 21 October 2015; Vol. 950, c. 600.]

It is completely and utterly shameful for the UK Government not to take the matter more seriously. The UK is being investigated on the world stage for

“grave and systematic violations of the Convention”,

and the Government need to learn some humility.

The hon. Member for Strangford (Jim Shannon) raised some devolved matters from a Northern Ireland perspective. In Scotland, we have made serious efforts to distance ourselves from the UK Government’s shameless and regressive approach. We have tried to insulate the most disadvantaged people from the worst aspects of austerity cuts by establishing the welfare fund and the Scottish independent living fund, and by mitigating the bedroom tax in full. No one is complacent about the impact that income cuts and sanctions are having on sick and disabled people, however, and there is a lot more that we all need to do.

The UK Government, first and foremost, need to start listening to disabled people and taking their views on board. They seem to want to bulldoze through cuts to ESA. I strongly urge them to learn from the High Court judgment, the Court of Appeal judgment and the UN, and to think again.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Disabled People (Justin Tomlinson)]

It is a pleasure to serve under your chairmanship, Mr Crausby. I pay tribute to the hon. Member for Bermondsey and Old Southwark (Neil Coyle) for calling the debate. He is a formidable campaigner with a wealth of experience having been the head of policy at the National Centre for Independent Living, the director of policy at the Disability Alliance and the director of policy and campaigns at Disability Rights UK. His speech demonstrated a genuine and wide-ranging knowledge. I am grateful for the huge range of issues that have been raised. I will do my very best, in a limited time, to cover as many of them as possible and I will keep going until I run out of time. I pay tribute to all the other speakers who contributed to what was mostly a proactive and constructive debate in which genuine concerns were raised and suggestions made about how we can continue to make improvements.

My hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) once again demonstrated his huge wealth of experience, setting out practical solutions, particularly regarding apprenticeships. His point was timely as I am due to meet the relevant Minister from the Department for Business, Innovation and Skills to discuss that issue. I hope that my hon. Friend will be kind enough to join me in that meeting as I would like to push the subject.

The hon. Member for Worsley and Eccles South (Barbara Keeley) asked whether PIP recognises fluctuating health conditions. I feel that it does better than the DLA. The trained assessors are better at picking up on those conditions compared with the former DLA assessment. The main thrust of her speech concentrated on social care and attendance allowance. I understand that as I spent 10 years as an elected borough councillor, but I support the principle of localising the decisions. As a country, we have agreed that we will continue to devolve more responsibilities, particularly to Scotland, but I trust our English authorities to have the same responsibilities and opportunities. We have introduced the better care fund, the social care precept and the Health and Social Care (Safety and Quality) Act 2015.

[Barbara Keeley]

There is a fear about variations and carers losing their eligibility because some councils are so cash-strapped. The difference is very unfair. Even the social care precept will be different, as authorities can raise different amounts. It is an unfair and varied field now.

[Justin Tomlinson]

I understand, and we introduced the Health and Social Care (Safety and Quality) Act to set those standards. To be fair, this issue could be a debate in itself and I am conscious that there were so many other points that I need to come to. I am happy to discuss the matter further.

The hon. Member for Strangford (Jim Shannon) was right to highlight the fact that more needs to be done. He is a vociferous speaker; I have never taken part in a debate in which he has not contributed. He is right to challenge and is always proactive in making suggestions, particularly regarding learning disabilities. The proportion of people with learning disabilities in paid employment is typically 6% to 8% regardless of whether the economy is on the up or the down. It is the one stubborn area with which Government after Government have struggled and wrestled to try to make genuine progress. I am interested to hear more about the scheme in Northern Ireland that the hon. Gentleman talked about, and I would be keen to meet him to discuss that further.

I have had a good meeting with the hon. Member for North Tyneside (Mary Glindon) previously. I would be happy to meet with the group she described to discuss those issues further. We are taking action on the time it takes for appeals to be considered. First, the mandatory reconsideration process comes in before the independent appeal and picks up the majority of those cases in which new information has come forward and a mistake has been made. We continue to work on how we can access better information because, more often than not, decisions are changed when new information comes to light. To get that earlier would be beneficial for all. On the point about accessible housing, the discretionary housing payment funds will be increased over this Parliament by £800 million. I think everyone would welcome that.

To the hon. Member for Banff and Buchan (Dr Whiteford), to be fair, external groups, cross-party MPs, Lords, stakeholders and charities do get to influence policies. I spend a lot of my time meeting those groups. Her speech contained a lot of criticism. There are opportunities to make changes. We are reforming ESA through the Work and Health programme and the White Paper. Sometimes, it is good to suggest things that could work, rather than just saying which things are wrong. I reassure her that we do not announce things through Twitter. In the modern world, some people would welcome our doing so, but this week’s announcement about carers and the benefit cap was not made through Twitter. Lord Freud made the announcement in Parliament on Monday during the passage of the Welfare Reform and Work Bill. I hope that provides some reassurance.

I will address as many of the points that have been made as I can. First, on unemployment, we all welcome the Prime Minister’s pledge that we will halve the disability employment gap. Some 339,000 more people with disabilities have been in work over the past two years, which is a good start, but we still have a long way to go. There is a real-terms funding increase in spending to help people with health conditions and disabilities to return to and remain in work. There is support throughout the system, and we are multi-skilling our coaches to ensure that they are all aware how to support people with disabilities. There will be opportunities to make improvements through the White Paper.

The point about smaller, localised, flexible options is important. I get to make many good visits, and I have seen local solutions meeting market needs to create and train the skills where the jobs are. I made an enjoyable visit before Christmas to Foxes Academy, where I was corrected on my inability to cut carrots—it was the hotel featured on Channel 5. Early this week, I visited Ignition, a local brewery that employs people with learning disabilities, where it is socially acceptable to sample the goods at 11 am.

We have introduced the Fit for Work service particularly to focus on helping people remain in work. It is a lot easier to help people remain than to help them back into work. The current figure for Access to Work is 36,760, with four years of growth. It is a demand-led scheme, but a funding increase for an extra 25,000 places has been confirmed, which is significant. We are actively considering the best ways to do that. We have an open mind, and I welcome any suggestions, but obviously greater promotion is key, particularly to smaller businesses where the scheme would be particularly helpful in removing barriers. Specialist employment support has doubled the job outcomes of residential training colleges, which is good progress.

We constantly evaluate PIP, and we work with external stakeholders, charities and users to look at ways we can continue to improve PIP. The waiting time for assessments has reduced by more than three quarters since June 2014. We are now at five weeks for an assessment, and 11 weeks median end-to-end for the process. It is fair to say that the launch of PIP was not good. The reviews highlighted that, and my predecessors will have spent a lot of time in Westminster Hall and in the other Chamber discussing it, but PIP has been in a settled state for quite some time.