Welfare Reform and Work Bill

Baroness Grey-Thompson Excerpts

Wednesday 9th December 2015 Lords Chamber

[Baroness Meacher (CB)]

My Lords, Amendment 55 seeks to ensure that the work-related requirements or benefit conditions under universal credit will not apply to the carers of disabled children aged three and four unless appropriate childcare for these children can be secured. I recognise that several noble Lords have already referred to these conditions.

Many carers of disabled children aged three or four will not be subject to benefit conditionality anyway. Responsible carers who receive the carer element will fall into the “no conditionality” group in universal credit, which of course I applaud. This means that parents of children who receive the middle or highest rate of disability living allowance will be in the “no work-related requirements group” and will therefore not be subject to the conditionality this clause introduces.

Government will therefore probably feel that there is not a problem, but in fact there are two reasons why there is a problem. One is that several thousand families with disabled children under five which receive DLA will not be exempt from the conditionality requirements due to difficulties in identification of need during the early years and administrative delays in processing claims which are wide-scale and well known. In addition, I understand that the majority of families of children under five do not have access to DLA at all. More than three times the number of children aged five to 11 receive DLA as children aged nought to five. A large number of disabled young children under five do not receive DLA but then their families go on to claim it when they are older.

The other concern is that, with the move from DLA to PIP, fewer children will be eligible for the benefit, and these numbers will grow. To date, the introduction of PIP has not achieved the Government’s required drop in the number of eligible children to achieve the required savings, therefore the eligibility criteria will, I understand, be tightened. All this will mean that more families with disabled children will be subject to benefit conditionality and the sanctions associated with it. Amendment 55 would go some way to ameliorate the consequences of the PIP change by broadening the exemption from the conditionality requirements to include children in receipt of a statement of special educational needs and its replacement, the new education, health and care plan, which is designed to run from birth for those who need it. Under the amendment, the exemption could also include those with “child in need” status, as defined by the Equality Act.

The availability of suitable childcare for disabled children is also a serious problem, as others have already mentioned. Of course, the Government’s increase in the number of hours of free childcare from 15 to 30 is incredibly welcome, but I hope that the Minister agrees that the legislation needs to make it absolutely clear that if suitable childcare is not available then the conditionality requirements simply must not be applied.

With regard to the parliamentary inquiry into childcare for disabled children, two-fifths of respondents with three and four year-olds said that they were not able to access even the 15-hour entitlement. I repeat: two-fifths of respondents. What will be the proportion of those unable to access 30 hours of childcare? I understand that the shortage in childcare provision is backed up by the Government’s own findings. Perhaps the Minister would like to confirm that.

My concern is that the situation could well deteriorate due to the financial squeeze on local authorities. To make childcare work for parents of disabled children, there must be sufficient financial support for local authorities to develop an adequate workforce and general support for these facilities. I realise that the issue of appropriate childcare for this group was raised during debate in your Lordships’ House on the Childcare Bill, and I would appreciate an update from the Minister on developments since then. Does the Minister agree that it cannot be acceptable to sanction carers of disabled children, generally parents, who choose to care for their disabled child at home—for the most disabled children, this may be the only feasible option—rather than work, or indeed who feel obliged to do so due to the lack of adequate childcare?

I thank the noble Baronesses, Lady Pitkeathley, Lady Hollins and Lady Manzoor, for adding their names to this amendment and I am grateful for the contribution from the noble Baroness, Lady Manzoor. I appreciate that the Minister is under great pressure to achieve all the cuts envisaged in the Bill, but I hope that he can recognise the absolute reasonableness of this amendment.

[Baroness Grey-Thompson (CB)]

My Lords, I shall speak to Amendment 56, which is in my name. Its purpose is to require Jobcentre Plus staff who are drawing up the claimant commitment to specifically address whether the claimant has a long-term health condition or impairment and, if so, what reasonable adjustments are required.

I believe that this amendment is necessary. It may be assumed that, if someone is claiming JSA or its equivalent in universal credit, they do not have a long-term health condition or impairment that affects their day-to-day functioning and limits their jobseeking. However, the descriptors for the work capability assessment to decide whether someone is fit for work mean that many people whose day-to-day functioning is quite significantly affected are found fit for work and have no other option but to claim JSA or the equivalent in universal credit. They may have considerable limitations on the ways in which they can job search. For example, someone in their late 50s who has emphysema and can walk only 100 metres is likely to be found fit for work but, if they live a mile away from the nearest computer that they can use or a mile away from the nearest bus stop, they are likely to have considerable difficulties in logging on to jobmatch or in going to the jobcentre.

When that is not taken into account in their claimant commitment, sick and disabled people find themselves being sanctioned because they have not been able to comply with the conditionality. One client of Citizens Advice had a knee injury and was awaiting surgery to reconstruct the knee. He was attending frequent appointments with a physiotherapist at the hospital. He also had a mental health condition and had been having suicidal thoughts, so he also had regular appointments with a psychologist. His WCA found him fit for work, and he claimed JSA while appealing this decision. His job coach told him that he had to sign on weekly. His ex-wife had to take him each week, otherwise he would not have been able to get there. His job coach then decided that he would have to come in every day. He explained again about his knee problem but was warned that if he did not come in he would be sanctioned.

At that point his ex-wife, who had brought him, could see that he was really struggling with his anger and agreed with him that he should leave, despite realising that this would mean he would be sanctioned. Part of his mental health condition was that he was having anger management issues. He was not sanctioned because, before this could happen, the adviser managed to get the decision-maker to accelerate the reconsideration. The fit-for-work decision was overturned and he was placed in the support group.