Social Security (Personal Independence Payment) (Amendment) Regulations 2017

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 27th March 2017 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

That a humble Address be presented to Her Majesty praying that the Social Security (Personal Independence Payment) (Amendment) Regulations 2017, laid before the House on 23 February, be annulled (SI 2017/194).

Relevant document: 27th Report from the Secondary Legislation Scrutiny Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I begin by drawing the attention of noble Lords to my interest as the patron of South Somerset Mind. I am grateful to Mind, the Disability Benefits Consortium, Sense, Citizens Advice, Scope and Rethink Mental Illness for their briefings, which I am sure others will also have received.

Like most of your Lordships, I take my mobile phone into the Chamber set on silent to receive messages from the Whips’ Office. On the afternoon of 23 February, during the Report stage of the Neighbourhood Planning Bill, my phone buzzed. Most unusually for me, I left the Chamber to answer the call. It was the Minister ringing from Copeland to tell me that, following the two High Court judgments, the Government were, that afternoon, going to alter the criteria for qualifying for PIPs. I and my colleagues searched around and eventually found the changed criteria relating to emotional and psychological conditions. What a perfect day to release bad news. While the Minister and his colleagues were knocking up voters in the fresh air of the Lake District, government officials were bringing forward regulations that would penalise people who, because of their very complex conditions, are not able to go out freely into the countryside or towns, and in many cases would now be confined within the four walls of their homes.

The essence of the changes proposed is to limit the higher mobility element of the previous disability living allowance for those people who find it difficult to leave the house because of anxiety, panic attacks and other mental health problems. These claimants are as restricted in their independence as many people with physical mobility problems. They face higher transport costs because they are unable to use public transport or drive, as well as the costs associated with hiring a support worker. The Government’s changes to PIP will affect more than 160,000 people with mental health problems, both in and out of work, who face extra costs related to their disability. These changes mean that people who need help to make journeys because of psychological distress will not receive the same level of support as other disabled people. This is discrimination.

In 2012 the Government made a clear commitment that people who experience psychological distress would be eligible, but they are now changing the criteria. The Government further said that a person with a cognitive impairment alone would still be eligible for the highest mobility rate. Cognitive impairments are not the same as mental health problems. Specifically excluding psychological distress undermines the stated purpose of PIP as a benefit which treats disabled people as individuals rather than labelling them by their condition. The proposed changes create a legal distinction between mental health problems and other kinds of impairment when it comes to benefit assessments, again demonstrating discrimination.

This change is out of step with previous government statements. On 7 February 2012 the former Minister for Disabled People, Maria Miller, stated:

“The Government have made clear that they want personal independence payment … to take fairer account of the impact of mental, intellectual, cognitive and development impairments than DLA does currently… For example, when considering entitlement to both rates of the mobility component we will take into account ability to plan and follow a journey, in addition to physical ability to get around. Importantly, PIP is designed to assess barriers individuals face, not make a judgment based on their impairment type”.


Esther McVey, also a former Minister for Disabled People, stated on 26 November 2012:

“The personal independence payment assessment will look at disabled people as individuals, rather than labelling them by their health condition or impairment”.


As a result of the ruling by the Upper Tribunal, the Government have introduced legislation which would mean that psychological distress can be relevant only when considering two specific criteria for planning and following journeys. This would mean that people who experience psychological distress would be eligible for only the lower element. These changes undermine rather than restore the original intent of the legislation. The Government say they are committed to giving mental health the same priority they give physical health, but I am afraid that is not borne out by the changes to these criteria.

The PIP criteria are already too strict and have led to almost 50% of disabled people and those with long-term conditions losing access to some or all of their support when being reassessed for DLA. This is of particular concern in the context of the mobility component, where more than 750 people a week are returning their Motability vehicles because they are no longer eligible for support. The original descriptor does not go far enough in acknowledging the significant psychological impact that many people with long-term physical conditions also experience, for example, as a result of cognitive and associated mental health symptoms or their ability to follow a journey. This is substantially different from the impact of a person’s physical ability to walk, which is assessed under the “moving around” descriptor.

The high successful appeal rate demonstrates in far too many cases that disabled people are relying on tribunals to assess their condition accurately and then to interpret and apply the descriptors appropriately to capture the impact of their symptoms. For many disabled people, such tribunal judgments have improved a system that is too often ineffective as a test of their needs. The original intention behind the PIP assessment was to take a holistic view of the impact of disability, fairly taking into account the full range of impairments. The Upper Tribunal judgments do not undermine this approach; rather they ensure that functional impact is assessed accurately regardless of the symptoms of the condition causing it. The Secondary Legislation Scrutiny Committee has looked at this change in criteria and warns that the regulations could have unintended consequences. It has called on the Government to review the PIP assessment criteria prior to the changes being implemented.

I shall give two examples of what we are talking about in practice. Mrs D suffers from severe depression with psychotic features, including auditory hallucinations. She is under the care of a psychiatrist, has irrational fears for her safety when outside and has not been out of her house unaccompanied since 2011. She needs assistance from another person to plan the route of a journey to get to either a familiar or unfamiliar location. When she goes out of doors her husband has to accompany her. She was assessed as not being entitled to any mobility support. Mrs D appealed on the basis that she cannot navigate any journey on her own and, because of her poor memory and concentration, she would become confused very easily. The tribunal thought that her complex mental health had been underestimated and awarded the enhanced mobility rate. This is one of the two tribunal decisions that led to the Government amending these regulations.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville]

My Lords, I thank the Minister for his response and I thank all those who have taken part in this critical debate, as well as those who were not able to speak because of the time limitations. Time prevents me from commenting in detail on all the contributions, although I would have wished to do so.

Naturally, I am disappointed that the Government are reluctant to move their position so as to support people whose lives are blighted by psychological and anxiety disorders. That was not the original intention of the coalition Government’s move from disability living allowance to the personal independence payment, and I do not believe that the changes bring either clarity or parity. The role of PIP as a successor to the DLA is to support disabled people to meet some of the additional costs of disability. Unlike other aspects of the welfare system, PIP is not an income replacer or booster; it is to help tackle the financial penalty of disability.

I regret that these regulations do not engender trust, and a great many people in the community and those charitable organisations that support people with mental health and psychological disorders will be bitterly disappointed by the Government’s response.

I understand the position of the Labour Benches and commend the noble Baroness, Lady Sherlock, for her, as always, formidable approach to this matter. However, this is an extremely important matter that affects a whole range of people in society, including those suffering from post-traumatic stress disorder, panic attacks and psychotic disorders. The Minister may have spoken to charities but clearly he did not convince them, as Scope, the Disability Benefits Consortium, Sense, Citizens Advice, Rethink Mental Illness and Mind have all said the same—that this decision should be reversed. I therefore want to test the opinion of the House.