Welfare Reform Bill

Baroness Hollis of Heigham Excerpts

Tuesday 17th January 2012 Lords Chamber

[Baroness Hollis of Heigham]

Has the Minister learnt from this that the best way to encourage more sweetness and light is to agree with the amendments from all around the House?

[Lord Freud]

There are some other constraints that I do not think I need to spell out. On the point made by the noble Lord, Lord Rix, we are picking up the same arrangements for DLA including those for residential schools and colleges. On that basis, I beg to move.

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[Baroness Hollins]

My Lords, I rise briefly to support the amendments in the name of my noble friend Lord Rix. I suspect that, after days of assessing the increased cost implications of the amendments already discussed, there will be a genuine expression of relief on the Minister’s face at proposals that will almost certainly reduce overall costs and the administrative burden on the department. I have already declared my personal family interest—I have two disabled adult children—and my professional experience of working with people with severe learning disabilities and autism over 30 years.

I should point out that an annual or short-term assessment would almost certainly be a waste of time and money. This is true not just for people with learning disabilities, but would be true for people with other conditions such as some 69,000 with multiple sclerosis who are currently in receipt of disability living allowance and, on a smaller scale, those with motor neurone disease. After an initial assessment by experts confirming the diagnosis and the degree of severity, it is surely better to leave things as they are but to respond, on the application of carers or the individual themselves, to any deterioration in their condition. That is then the time for further examination, when it may well be found that the person may need greater support.

It is also important to recognise that annual reviews may only increase the anxiety of those undergoing them and will do nothing for their morale. I think with horror of the time—currently scheduled for 2014—when my son will be due for an assessment. I hope I will have the opportunity to go with him and that I will actually know about it. It is not that there would be any intention that I would not know, but rather because he cannot read and his supporters do not always realise the importance of involving me in certain aspects of his support. I hope to be with him when that review is done, but I also know how challenging it would be for him to be reassessed. For quite a lot of people, this constant reassessment would be costly in more ways than you can imagine. I look forward to hearing the Minister’s measured reply to these very modest and cost-saving proposals.

[Baroness Hollis of Heigham]

In quite a lot of the publicity run in some newspapers preceding today’s debates, there has been—how can I put it—synthetic outrage about the number of DLA awards that have been made for life, as though they are somehow fraudulent, negligent or erroneous, thus apparently besmirching the entitlement of the holder of that lifetime award to it as of right, as though they have somehow manipulated or cheated the system and that the previous Administration has colluded with them at the taxpayer’s expense. That publicity has been extremely ugly and extremely unfair. Whether or not the Minister feels able to accept the amendments—and I hope he does—I hope he will accept that some conditions, on which the noble Baroness, Lady Browning, spoke so eloquently and movingly and of which two other Peers in your Lordships’ House have had intimate experience, do not change except for the worse and for which a lifetime award is a decent, sensible and cost-effective way of proceeding. Could he therefore ask his press hounds to lay off those people who have had them in the past and who ought, in all decency, to go on to enjoy them in the future?

[Baroness Browning]

There has been a suggestion that people with disabilities adjust to their condition. It is true, if you take the meaning of those words at face value, that people do adjust to their condition. For example, in one of the case studies shown in the paper produced by the Government yesterday, there is an account of a woman with epilepsy who did not meet the PIP qualification. It said that it was dangerous for her to use a cooker but she got round it because she used a microwave and therefore does not need to use a cooker. That may be a very practical suggestion—apparently when a cooker was needed her husband did the cooking on a proper cooker—but we have, in a way, failed to address what we mean by people with a range of disabilities coping or adjusting to their disability. Yes, there is an adjustment and yes, there are practical and psychological ways in which people cope with their disability, but it only requires something that is really unsettling to someone with a lifelong disability for those very important building blocks that have been put in place at the bottom to be disturbed or taken away and for the whole thing to disintegrate and come down like a house of cards.

Therefore, while I can understand why reassessment is necessary in some cases, a judgment has to be made about identifying those for whom reassessment, with the associated costs that have been mentioned, will add to their stress. Stability, as I said earlier, is important in these cases. If their stability is unsettled, there are consequences. The Government must make some sort of judgment about this. They will not save money and it is compassionate to recognise the types of disabilities that will present themselves when there will clearly be no improvement and degeneration is more likely. Quite frankly, if in some cases people adjust to their disability, are they not to be applauded for having made that adjustment, not penalised for it?

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[Lord Freud]

My Lords, I first want to put absolutely on the record that we are not talking about the constant assessment of everyone. That is simply not how it is going to work. To the extent that there is concern about people being dragged in to face assessors every year, that is simply not how it is going to work.

When we talk about having another assessment for some people who have deteriorating conditions, noble Lords have to remember that they might have started on the lower rate of PIP and that in practice the assessment will move them to the higher rate at that time. DLA is an understudied phenomenon. It was studied by the previous Government in 2004-05 and it was found that £630 million was overpaid. That was not as a result of fraud; it was just that people no longer fitted the rather easier criteria of DLA that were in place when they applied, although we do not know where they fitted when they did apply. Just as worrying was the finding in that year that £190 million was underpaid. We want to make sure that the money goes to people in the right way in both ways.

[Baroness Hollis of Heigham]

My Lords, I was the Minister responsible for those reports at that time, and I have to say to him that they did not apply to people with lifetime conditions. People with lifetime conditions should get lifetime awards. Clearly, if someone deteriorates, they or their carer may apply further, but the information on DLA that the Minister referred to was either about people with fluctuating conditions or about people who had become better but had not realised that they might no longer qualify as a result, and so on. We had no argument with the need to continue to review DLA for people whose conditions may change quite rapidly over a period of time, particularly if they have been recovering from an accident, and so on. We are talking here about lifetime conditions in which it is therefore decent to give lifetime awards. I can assure the noble Lord that the statistics to which he referred do not refer to that group.

[Lord Freud]

As I understand the statistics, they refer to the whole group and we clearly need a system that we can apply to everyone, within which there will be groups with lifetime conditions. Let me come back to my main point, which was my concern about the underpayments. People with lifetime conditions deteriorate, and they need to be caught at the point of deterioration in order to be paid the extra funds they need to cope with the higher level of disability or higher inability to do things.