Welfare Reform Bill

Debate between Baroness Thomas of Winchester and Baroness Wilkins

Tuesday 31st January 2012 Lords Chamber

[Baroness Wilkins]

My Lords, I have added my name to this amendment, which has been ably introduced by the noble Baroness, Lady Meacher. The children we are talking about, those who will be affected by this reduction in benefit, are those who are profoundly deaf, who have Down’s syndrome and those with cerebral palsy, among many other conditions. The Government are focusing their resources on the most severely disabled, but the costs of bringing up a disabled child do not equate with the severity of the impairment. The care costs can be just as expensive, sometimes even more so, for bringing up a child who will qualify only for the future lower rate of addition under the Bill.

I grew up with my friend’s younger sister who was born with cerebral palsy. It was a family with four children. The whole family’s life was dominated by trips to London to visit her therapists, visits to hospital, visits to the swimming pool and so on, so that she could avoid contractures and had a chance to develop her full potential. Of course, we all had to go because there was no one to look after us at home. The cost must have been considerable. Then there were the costs of extra equipment, the constant wear on her clothes and so on. If Paula had qualified for the higher rate of care and needed night time attendance as well, it would have put a considerable strain on her family, but it would only marginally have increased the costs. Under this Bill, Paula’s benefits would have been halved, and her chances of developing to her full potential and living an independent life would have had no hope at all.

What about profoundly deaf children? Most do not need day and night care and so would not qualify for the higher rate. The National Deaf Children’s Society tells me that it was contacted by Laura, a single mother whose daughter was diagnosed as deaf soon after she was born. Laura had to give up her job as a nurse as she was the only person who was able to care for her child. She said to me that her life then spiralled out of control and she started getting into financial trouble. All she could think about was, “I have got to eat less and I have got to turn the heating down”, otherwise she simply would not be able to support her daughter. The NDCS helped her to apply for the current benefits, and now that the stress of not being in financial trouble has gone, she is finally able to concentrate on learning to communicate with her child, thus giving her the best possible start in life. But under this Bill Laura would lose up to £1,400 a year. That is £22,000 over her daughter’s childhood. The sum of £1,400 is the cost of heating your house for a year. Think of the danger and the misery that that will mean on a freezing cold day like today.

On Report, the Minister argued that he was working within a fixed financial envelope and that he just could not maintain the existing rates for disabled children if he was going to increase the rates for severely disabled adults. If ever there was an example of robbing poor Peter to pay poor Paul, this would be it. Surely the Chancellor is able to release his noble friend the Minister from this part of his restrictive envelope and find the money from the shoulders of people who would not notice the loss of £1,400 a year. We know that there are many of them; we read of them daily in our newspaper headlines.

Does the Prime Minister really wish to leave this as his legacy for disabled children—children with cerebral palsy? I urge your Lordships to support the amendment and send a message to the Commons to think again.

[Baroness Thomas of Winchester]

I gather that we are being asked not to rehearse all the arguments. We have, anyway, heard very full arguments from the noble Baronesses, Lady Meacher and Lady Wilkins. I shall try instead to concentrate on the amendment.

No one likes cliff edges of any sort in the benefits system, and this amendment tries to make one edge less steep over time. The cliff edge that the Government are trying to eliminate in universal credit is the amount of disability additions received, by way of different gateways, by new claimant families for a moderately disabled child under 16 and a moderately disabled adult of 16 and over. The amendment’s cliff edge is different. It tries to address the difficult and sometimes rather artificial differences between the needs of a severely disabled child—whose family will get more money under the Bill—and those of a moderately disabled child and a much less disabled child, both of whose families will get much less money. I have great sympathy with the amendment because I believe that as many families as possible with even moderately disabled children should be helped, although I acknowledge that the amendment, narrowly drawn as it is, to some extent preserves the cliff edge between the disability needs of children and adults in universal credit which the Government are trying to eliminate.

The question is whether the formula in the amendment should be locked into the Bill, or whether everything should be left to regulations. My noble friend Lord German will address that shortly.

Welfare Reform Bill

Debate between Baroness Thomas of Winchester and Baroness Wilkins

Tuesday 17th January 2012 Lords Chamber

[Baroness Thomas of Winchester]

My Lords, that was a most moving contribution from the noble Baroness. I think we were all very touched by it. I declare an interest at this point, as I receive DLA.

There is a real fear among so many disabled people who have contacted us that the migration to PIP is going to be like a horrid game of musical chairs, because they all know that the Government want a 20 per cent cut, wherever that comes. They all think that when the music stops, they will be the one without a chair. They also know that DLA, for all its faults, has the lowest incidence of fraud, and many of them say they feel demonised in the press for being scroungers. Would it not be nice if some of the screaming headlines in tabloid newspapers were about the way in which many people receiving DLA are able to live independently, contributing hugely to society in many different ways, rather than the other way around?

On the low level of DLA fraud, we have to acknowledge that my noble friend, coming to this whole subject with a fresh eye, reckons not that the wrong people are claiming the benefit but perhaps that the net has so small a mesh that it tends to pick up everyone who has any level of disability rather than picking up only those with the greatest need. Therefore, his argument goes, you do not have to resort to fraud in order to get DLA; it is so loosely drawn that almost anyone can get it if they know how to fill in a long and complex form in the right way. Taxpayers are entitled at this point to ask why medical reports are looked at in only around half the cases, which I for one find quite inexplicable, but we will come to that in our debate on a later amendment.

However, it is the phrase

“those with the greatest need”

that is most worrying. It could mean many things and is most closely associated with those who are entitled to means-tested benefits, which we know is not the case for PIP, and long may this last. Among the arguments that the Minister deployed when he rejected this amendment in Grand Committee were that it was too widely drawn; would be too expensive; would lead to too long an assessment, which would be too intrusive; and too complex. The noble Baroness, Lady Campbell, countered this by saying that the proposed points-based tick box descriptors approach will not capture enough information about the barriers and costs faced by disabled people on a daily basis. Both are right, which is why this issue is so difficult. It would be almost impossible to translate this amendment into a points-based assessment in a meaningful way, although in an ideal world that is exactly what is required.

I wonder whether there is any way in which the sense of this admirable amendment, or elements of it, could somehow be incorporated into the assessment process. I shall be most interested in my noble friend’s reply.

[Baroness Wilkins]

My Lords, I support the amendment, which seeks to ensure that the assessment for the new entitlement is fit for purpose and fulfils the Government’s commitment to the social model of disability. As has already been noted, DLA occupies a unique space in the welfare benefits system as it recognises that disabled people face a plethora of extra, often prohibitive, costs as a result of living in our society with a condition or impairment.

We should all warmly welcome the Government’s repeated commitment to the social model of disability, for which, as many of your Lordships know, disabled people have fought long and hard. At the heart of the social model is the recognition that it is our society, not just their bodies, that disables people with health conditions and impairments. However, I fear that the proposed assessment for the new entitlement does not reflect this commitment. Despite the Government’s assurances in Grand Committee, the Minister admitted that the proposed test,

“is not a full social model assessment; it is not intended to be”.—[Official Report, 14/11/11; col. GC 199.]

I ask the Minister in his response to clarify to the House and disabled people why such a commitment was ever made in the first place.

The second draft of the PIP assessment criteria includes some small improvements from the first. However, it does not go nearly far enough. By assuming that a medical assessment will capture social and environmental barriers to independence, the Government risk homogenising the diverse difficulties that disabled people face in their everyday lives. The new threshold document makes many mentions of extra costs and barriers, but only a few of these will be captured by an assessment that looks exclusively at impairment.

It is with this in mind that I support the amendment of the noble Baroness, Lady Grey-Thompson. The assessment for the new entitlement must consider the real social, practical and environmental barriers faced by disabled people with impairments living in our society. I, along with disability charities such as Scope, disabled people’s organisations and disabled people across the country, voice great concern that the Government are reneging on their commitment to the social model of disability. Doing so would undo decades of campaigning for and progress towards a better and more equal society.

Welfare Reform Bill

Debate between Baroness Thomas of Winchester and Baroness Wilkins

Wednesday 14th December 2011 Lords Chamber

[Baroness Wilkins]

My Lords, the Joint Committee on Human Rights has just published its legislative scrutiny of the Welfare Reform Bill in its 21st report of the Session. I quote from its recommendations:

“The National Housing Federation estimates that about 108,000 tenants in social rented properties adapted specifically for their needs are likely to be affected by the introduction of the size criteria to restrict housing benefit. If such tenants were forced to move into properties unsuited to their needs this might risk breaching their Article 8 rights to respect for private or family life as well as being potentially discriminatory.

The Government has indicated that it is prepared to look at exemptions for individuals who are disabled, where their homes have been subject to extensive adaptations. However, this would not address the disruption to patterns of caring and support networks which can be vital”.

The JCHR concludes:

“We recommend allowing some additional discretion to exempt disabled people facing exceptional hardship from the under-occupation provisions”.

I hope that the Minister will not only agree to the amendment but also agree to the JCHR’s recommendations.

[Baroness Thomas of Winchester]

My Lords, I have a question for my noble friend about the disabled facilities grant, which I gather is rising to £180 million in the current fiscal year. However, as we know, this grant is not ring-fenced, although it is still a mandatory grant. I find that a slightly odd concept. I just want to make sure that this grant is quite separate from the discretionary housing payment. What redress will a citizen have if the local authority is being rather mean with the mandatory disabled facilities grant? I have not quite got my head round that matter. It may be entirely a matter for the local authority but I wonder whether my noble friend can help me regarding the disabled facilities grant in particular.