Oral Answers to Questions
Chloe Smith Excerpts(1 year, 11 months ago)
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Christine Jardine (Edinburgh West) (LD)
The Minister of State, Department for Work and Pensions (Chloe Smith)
We will spend more than £64 billion this year on benefits to support disabled people and people with health conditions. Claimants will also get one-off support worth up to £1,200 this year, including the new £650 cost of living payment for people on means-tested benefits and £150 for people on disability benefits, to help with additional costs.
Christine Jardine
The cost of living crisis is disproportionately affecting disabled people. More than half of those living in poverty in this country are either disabled themselves, or in a household where there is a disabled person. My constituents in that situation regularly come to me and say that the help they are receiving from the Government is not enough, even with that welcome increase. Will the Government consider specifically targeted further help to help alleviate the pressures they face?
Chloe Smith
I share the hon. Lady’s passion for this issue and her concern on behalf of her constituents. That is exactly why the Government have already acted: we have provided generous support in seeking to level up opportunity and improve the everyday experience for people with disabilities. What we have just been discussing comes on top of the package already announced, worth more than £22 billion, from the spring statement. We are clear that delivering this important additional support is an absolute priority; the DWP disability cost of living payments will accordingly be made by September, and other payments sooner than that, because we recognise the need here. However, I would take a step back and look at the overall approach, noting for example the agreement from the Resolution Foundation that this approach is the right one.
Chloe Smith
The shadow Minister needs to look at this in the round, because we have a set of cost of living payments designed to support the households with the lowest incomes. That is the right approach, as I have cited from the Resolution Foundation, and the Joseph Rowntree Foundation also says that this is a very welcome way of doing it because it targets support to where it is most needed. In addition, we are recognising how disabled people do have further costs, and that is why we are also putting in place the £150 that is targeted on those with the means-tested lowest incomes.
Vicky Foxcroft
I am really not sure that the Minister heard my question; maybe she has been rather distracted. Some disabled people will not be better off. The Government’s disability strategy was declared unlawful by the High Court, and NatCen Social Research’s report on health and disability benefits clearly showed the poverty that many disabled people are living in. Does the Minister not think it is time to finally start listening to disabled people and addressing their cost of living crisis?
Chloe Smith
We are. It is unfortunate that the hon. Lady cannot engage with the wider point that I am making around the nature of means-tested benefits—for example, the many on unemployment and support allowance or universal credit who are also disabled and who will benefit from the approach we are taking.
Chris Stephens (Glasgow South West) (SNP)
Justin Tomlinson (North Swindon) (Con)
The Minister of State, Department for Work and Pensions (Chloe Smith)
The latest figures released on 17 May show that between the first quarter of 2017 and the second quarter of this year, the number of disabled people in employment increased by 1.3 million, meaning that that goal—that manifesto commitment from the Conservative party—has been exceeded after five years.
Justin Tomlinson
The Government can be rightly proud of unlocking the potential of 1.3 million more disabled people, but the majority of people with disabilities or long-term health conditions will develop those while of working age. What more can the Government do to support employers with their changing workforce?
Chloe Smith
My hon. Friend has a great deal of experience and wisdom here, and he is absolutely right. It is why we are committed to supporting disabled people to remain in work through, in particular, our Access to Work and Disability Confident schemes. Access to Work in particular is a really important grant that supports the recruitment and retention of disabled people by contributing to the extra costs they can face in the workplace. I would also like the message to go out loud and clear from here that Disability Confident is critical and can help employers and employees and have disabled people’s talents included in economic growth.
Robert Halfon (Harlow) (Con)
The Minister of State, Department for Work and Pensions (Chloe Smith)
I congratulate my right hon. Friend on his campaigning zeal and vigour on this issue, which is well placed. I look forward to seeing his charter just as much as I hope that Harlow Council will. He will know that local councils have the enforcement responsibility so it is for them to best address his question, but I confirm that parking in a disabled space without a valid disabled person’s badge is defined as a higher-level parking contravention in the relevant regulations. I hope that helps him and me to work together to get the best for disabled people in Harlow in the future.
Mohammad Yasin (Bedford) (Lab)
Carer’s Allowance
Chloe Smith Excerpts(2 years, 1 month ago)
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The Minister of State, Department for Work and Pensions (Chloe Smith)
It is a pleasure to see you in the Chair today, Ms Bardell.
I thank the hon. Member for Kingston upon Hull East (Karl Turner) for securing this important debate and for forgoing the chance to speak in the main Chamber, as he had competing interests. On behalf of his constituents, he has given us an important opportunity to discuss carer’s allowance and the vital role that unpaid carers play. I will leave him some minutes to speak again at the end of the debate.
We have heard a number of thoughtful contributions, including the deep personal experience of the hon. Member for Bolton South East (Yasmin Qureshi); I thank her for sharing that. I thank the hon. Member for Cynon Valley (Beth Winter) for mentioning our former colleague, Hywel Francis, and I am grateful to the two Front Benchers, the hon. Members for Glasgow East (David Linden) and for Lewisham, Deptford (Vicky Foxcroft), for their contributions.
Let me begin by taking up the point made by the hon. Member for Lewisham, Deptford about a carer who was apparently sanctioned for non-attendance while caring. That sounds like a misunderstanding of some kind. A sanction should not be applied where there is good cause for non-attendance and the Department is notified, so I am happy to take up that case after the debate, unless the hon. Lady can clarify the position now.
Vicky Foxcroft
I appreciate the Minister taking up that case afterwards and thank her for doing so, but this happens all the time. I am sure that many other Members present will know of such cases, so I do not think it is an isolated incident.
Chloe Smith
I will turn to the other detailed points raised in the debate shortly, but like other hon. Members who have spoken, I also want to pay tribute to the millions of unpaid carers in this country. The Government certainly recognise and value the vital contributions made by carers every single day in providing care and continuity of support to family and friends, including pensioners and those with disabilities. More than six out of 10 of us may become a carer at some point during our lives and as many as 13 million people may be doing some unpaid care. That has never been more important than during the covid-19 pandemic, when unpaid carers played a vital role in supporting the most vulnerable in our society. I will come to some of the points made in respect of that in a moment.
Like other hon. Members, I see so much of the work that carers do through my own constituency post bag, such as the experiences that a Mr W recently shared with me, as well as through disabled people’s networks. Carers are fortunate enough to have some wonderful advocates, including their MPs and organisations such as Carers UK, which has been mentioned a number of times today. When I met Carers UK earlier this month, I was able to talk about some of the help that the Government provide to unpaid carers.
We recognise that people, including carers, are facing pressures with the cost of living, including higher fuel bills. That is why we are providing support with the cost of living worth £22 billion across this financial year and next. We have also promised to legislate so that employees will be entitled to five days of unpaid care leave per year, and, as hon. Members will know, we are reforming health and adult social care. I am working closely with the Minister for Care and Mental Health, my hon. Friend the Member for Chichester (Gillian Keegan), on that.
David Linden
The Minister mentioned the five-day paid care leave, which I presume will come in the form of an employment Bill. Will she give a cast-iron guarantee that there will be an employment Bill in the Gracious Speech that we expect in May, or are we going to have to wait yet more years for an employment Bill? People cannot wait any longer.
Chloe Smith
The hon. Gentleman tempts me down paths that I am afraid I am unable to go down in this debate, but I look forward very much to working with him and others to make that goal a reality.
We are spending record amounts to support unpaid carers. Real-terms expenditure on carer’s allowance is forecast to be £3.1 billion in 2021-22 and to increase by two fifths by 2026-27, when the Government are expected to spend just under £4.4 billion a year on it.
Patterns of care have changed significantly over the last few decades. People are providing vital unpaid care for relatives and friends in a whole range of circumstances. Nearly 1 million people are now receiving carer’s allowance and the weekly rate will increase to £69.70 in April. Since 2010, it will have increased from £53.90 to £69.70 a week, providing an additional £800 a year in cash for carers through the carer’s allowance. There are additional amounts for carers in universal credit and other benefits.
Barbara Keeley
I am astonished that the Minister can read out those notes with a straight face, given what everybody has said. Most Members here have made the point that a £2 increase is an insult given what we know about what is happening with the cost of living—even just with lateral flow tests. How can she read those figures out and not be ashamed of them?
Chloe Smith
I am sorry if the hon. Lady thought that that was a useful use of the minutes we have left, when I have plenty more to say. She stops me to insult me rather than letting me talk about carers; that is not particularly helpful.
Like other hon. Members, I want to talk about the rate of carer’s allowance. I will start with whether it is high enough. The Government continue to provide financial support to unpaid carers through carer’s allowance, the carer element in universal credit, and other benefits. We have chosen to focus extra support on carers who need it the most. About 360,000 carer households on universal credit can receive nearly £2,000 year through the carer element, and that amount will increase from April 2022. Universal credit is of course a key benefit—indeed, it is the key benefit—for carers on low incomes, on whom we most need to target the support. Indeed, carers in receipt of universal credit do not face the cliff edge identified by the hon. Member for Kingston upon Hull East in opening the debate.
Chloe Smith
I am afraid I need to make progress.
The hon. Member for Salford and Eccles (Rebecca Long Bailey) argued that we need to increase the rate of carer’s allowance even further to reflect the current rate of inflation, rather than last September’s rate of CPI. Of course, the Secretary of State undertakes an annual review of benefits and pensions; and CPI in the year to September, as published by the Office for National Statistics, is the latest figure that the Secretary of State can use to allow sufficient time for the needed legislative and operational changes before new rates can be introduced at the start of the new financial year.
Let me turn to the carer’s allowance earnings limit. Right hon. and hon. Members have mentioned the limit throughout the debate and argued that it ought to be increased. Carer’s allowance has an earnings limit, which permits carers to undertake some part-time work if they are able to do so. This recognises the benefits of staying in touch with the workplace, including greater financial independence and social interaction. In many cases, carers are keen to work, so we want to encourage them to combine some paid work with their caring duties, if they wish to do so and wherever possible. That is why we regularly increase the earnings limit.
The limit for those in receipt of carer’s allowance will increase to £132 net earnings a week from this year, which means that the earnings limit will have increased by about a third since 2010. Many of those who are receiving carer’s allowance and doing some work will also be receiving universal credit. In those cases, the 55% taper rate and any applicable work allowance will help to ensure that people are better off in work, which means more generous treatment in universal credit of earnings above the carer’s allowance earnings limit.
Right hon. and hon. Members have mentioned the increases in fuel bills, which I absolutely recognise. The Government acknowledge that people are facing pressures with the cost of living, including rising fuel and heating costs, and Members will know about the measures announced in the spring statement last week, which build on the existing support that the Government provide and will be worth over £22 billion.
A number of schemes are in place to help with heating costs, depending on carers’ circumstances. They include the winter fuel payment, the cold weather payment and the warm home discount. I recognise the argument made by the hon. Members for Salford and Eccles and for Bolton South East about extending the warm home discount to carers. I think they will know that colleagues in the Department for Business, Energy and Industrial Strategy recently consulted on the scheme and announced that automatic rebates will be extended from those getting the guarantee credit in pension credit to include other low-income households whose homes are fuel inefficient.
The hon. Member for Worsley and Eccles South (Barbara Keeley) and others made the point that it is important that carers apply for all the support that might be available to them. Many working-age carers receive means-tested benefits as well as carer’s allowance, and I have already mentioned universal credit. Pensioner carers may be able to receive pension credit, which includes an additional amount for carers. Very importantly, receiving a means-tested benefit can act as a passport to other support, so if carers are not already receiving a means-tested benefit, I encourage them to look at gov.uk or to seek other advice, to see whether they might be entitled to that.
Karl Turner
Will the Minister clarify the percentage increase that was asked about by my right hon. Friend the Member for Hayes and Harlington (John McDonnell)?
Karl Turner
I think there was a mention of 3.1%, but I am not sure if I heard the Minister properly.
Chloe Smith
The hon. Gentleman will recognise that as the September CPI figure. Yes, I can confirm that the figure is 3.1%.
I want to add a point about the personal independence payment. For some households where caring is taking place, it will be highly relevant. It is extremely relevant to the point that several Members have made about the extra costs that disabled people face. That is recognised, and it is exactly what the personal independence payment is for. Again, I encourage carers to ensure that they or their household look at that.
The hon. Members for Kingston upon Hull East and for Worsley and Eccles South raised points about the end of life. I want to make sure that hon. Members are aware that the Government are improving the so-called special rules for terminal illness and end of life. Two statutory instruments have already been laid and primary legislation will follow to ensure that, across five benefits, that when they are in those very challenging circumstances people can get the support they need earlier.
Some hon. Members mentioned disabled or unwell children. I want to make sure that colleagues are aware of the special educational needs and disabilities review that was published yesterday. Low-income families with seriously ill or disabled people will be further supported through £27.3 million of funding next year, which could help pay for equipment, goods or services that those families might not otherwise be able to afford.
Let me move on to the position for Scotland and Wales. Hon. Members have asked why the Administrations differ in their approach. The UK Government’s focus is to support those carers most in need through universal credit. In Scotland, as mentioned by the hon. Members for North East Fife (Wendy Chamberlain) and for Glasgow East, additional amounts are paid to carers by the Scottish Government through their carer’s allowance supplement, using their powers under devolution and their own resources. That is done regardless of the carer’s means. We think it is a better approach to focus extra support on carers on the lowest incomes, and I have already mentioned how that is done through universal credit.
I acknowledge the desire of the hon. Member for Cynon Valley to expand devolved powers in Wales, as well. I do not have time to engage fully with that point today, but I understand the arguments she makes and I look forward to responding to the Welsh Affairs Committee’s report.
The hon. Member for North East Fife mentioned how unpaid carers had been supported during the pandemic and spoke about the policy on lateral flow tests. I want to ensure that she is aware that my Department worked with the NHS and Public Health England to share data so that unpaid carers had priority access to vaccines. It was very important for different parts of Government to work together to do such things for the benefit of those who needed the vaccinations the most at that time. I will ensure that Ministers in the Department of Health and Social Care are aware of the points raised by the hon. Lady about lateral flow tests.
I will draw my remarks to a conclusion to leave enough time for the hon. Member for Kingston upon Hull East to close his debate. We all agree that society relies on unpaid carers in many ways. They are appreciated and deeply important in their households. We recognise the challenges they face and we are helping carers with the rises in the cost of living, reforming social care and helping carers to stay in work. We are spending record amounts on the carer’s allowance and providing unpaid carers with the help and support that they need and deserve. I am grateful for the range of points that have been made today, all of which will be very helpful in examining how we need to go forward. I hope that the contributions made today will help carers to know that we in this Chamber are thinking of them. Thank you for your chairmanship, Ms Bardell.
British Sign Language Bill
Chloe Smith ExcerptsFriday 18th March 2022
(2 years, 1 month ago)
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The Minister of State, Department for Work and Pensions (Chloe Smith)
May I again congratulate my new friend, the hon. Member for West Lancashire (Rosie Cooper), on bringing forward this important Bill, and on the commitment and dedication that she has shown, and that she has role-modelled to us all, in championing British Sign Language? I want to emphasise that the Government are not only committed to this Bill, but proud to support it.
Today, Trafalgar Square is filled with BSL signers and members of the deaf community. They have gathered together to celebrate Sign Language Week and mark the 19th anniversary of the recognition of BSL as a language in its own right by the UK Government and in joyful anticipation of the Bill reaching its successful final stage in this House. They want to be part of the symphony.
Earlier this week, I had the pleasure of seeing a rehearsal from Deafinitely Theatre, the first deaf-launched and deaf-led professional theatre company in the UK, producing bilingual theatre in both BSL and spoken English. It was so inspiring to meet the directors and the cast and to see the welcoming space that they have created for deaf people and the bold space that they are challenging audiences with.
Last weekend, we saw sign language elevated again at the BAFTAs, with the film “CODA” winning two awards; the first film with a predominantly deaf cast to win an award, including the first BAFTA, as we have discussed, to go to a deaf actor. That film portrays some of the very challenges that we have been discussing during the passage of this Bill, including children stepping into an adult world to interpret for a parent. It also puts deaf people at the heart of a story about family and community.
Such moments are important. They raise awareness of the challenges faced not only by deaf people and the deaf community, but by deaf workers, in the form of actors, as well as by the sign language interpreters consulting for the film. Cast members learning sign language provide role models for young deaf people throughout our society. Recognising deaf culture in this way sends an important message to the deaf community: we see the challenges you face; we care about what you have to say; and you are a valued part of our society.
The theme for this year’s Sign Language Week is “BSL Bring Us Together” and it certainly does. I am delighted to see how Members across this House have come together to put the recognition of this rich and vibrant language into law and to pass a number of measures that, hopefully, will see an increase in the use of BSL across society.
I wish to place on record that the explanatory notes of the Bill will be updated to extend this recognition to tactile sign language, which is used and understood by some deafblind people, and to reflect the importance of BSL in deaf culture and community. We are all bound together by shared languages and that is especially so for BSL signers.
I wish to thank right hon. and hon. Members for the further issues that they have powerfully raised today, including, for example, that of prisoners and also some points very ably made about the current humanitarian crisis by my hon. Friend the Member for Rutland and Melton (Alicia Kearns).
Alongside the Bill, we are also developing a suite of non-statutory measures that will help promote and facilitate the use of BSL. These include: establishing a non-statutory advisory board of British Sign Language signers to advise the Secretary of State for Work and Pensions on matters relating to BSL; examining how we might increase the number of BSL interpreters; reviewing how we might work in DWP to ensure the Access to Work fund better helps BSL signers; and considering how the Government can further facilitate and promote BSL usage.
As my hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) mentioned, I am also working with colleagues at the Department for Education to see what more can be done to accelerate the introduction of a BSL GCSE. As my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), an absolute stalwart supporter of this work, said, this Bill is a means of doing more, and he is so right in that.
I would like to take a moment to deal with the four points put by the hon. Member for Lewisham, Deptford (Vicky Foxcroft). To begin with, she asked about data: what do we know about BSL signers.
The Government collect a variety of data on disabled people who have difficulty hearing, and their outcomes, drawing on the definition of disability as understood in the Equality Act and impairment type as collected in available data. The Office for National Statistics announced that it aims to publish the first results of the 2021 census this summer, which will have updated figures on BSL use. In addition, the Government have set out a comprehensive approach to improving its evidence on disabled people, including the BSL signing population. That encompasses: improving administrative and survey data across Government to ensure they reflect disabled people's needs and the barriers they experience; an annual survey to collect robust information on disabled people’s lived experience; monitoring of public perceptions towards disabled people; and building expertise on disability related evidence.
Moving on to the hon. Lady’s point about the board being non-statutory, that was covered in Committee, but I am happy to reiterate it here. As the hon. Member for West Lancashire made clear in Committee, a private Member’s Bill cannot create new public expenditure, so it is not possible for this Bill to create a statutory board, yet she and I agree wholeheartedly that BSL signers have a key role to play in advising the Government on how we can support them to lead fulfilling, independent lives. That is why, in spite of the constraint, I have pledged to create a new non-statutory board of BSL signers to make sure their views are central to progressing practical improvements—there I go, Mr Speaker, banging on the Dispatch Box as the hon. Lady has told us to do.
The new board will advise the Government on matters relating to BSL and of particular pertinence to deaf BSL signers, which will include helping to formulate the guidance under clause 3. I have instructed officials to consider the composition and remit of the board and will confirm the details by summer this year, when I hope to be able to seek nominations for members, who will be appointed by the Secretary of State for the Department for Work and Pensions. We are yet to determine the board’s terms of reference for the board, which might include publishing minutes and recommendations and we will involve the board of BSL signers in that process.
The third point of the hon. Member for Lewisham, Deptford touched on interpretation at covid press conferences. To be clear for the record, a judicial review on the matter found that the Government were meeting their obligations under the Equality Act for the covid briefings and have complied with the public sector equality duty. The court ruled that our policy of using on-screen BSL interpreters was lawful during the pandemic. There have been over 175 covid briefings to date, and only two were questioned because BSL was not provided on screen. The judge ruled that it is not a legal requirement to provide an in-person BSL interpreter, but we will continue to ensure provision of an on-screen interpreter. Our priority, like everyone’s in this Chamber, was to reach the largest-possible audience with important public information, and we will continue to ensure that BSL is made available in that regard.
The hon. Lady’s final point was about the particular wording of clause 1(2). I am a little disappointed that this matter has been brought up again on Third Reading as though it had not been dealt with in Committee and, indeed, on page 6 of the explanatory notes. It important to get it on the record today—in case we have to do this again—that we do not want to upset the balance of provisions in the Equality Act. I caution the hon. Lady about inciting anybody to tear down the Equality Act. Of course, I do not think that that is her intention, but that is where that line of logic could lead were she to use it again.
We must remember what a private Member’s Bill can achieve. The scope is limited, but none the less this is what such a Bill can achieve, and I do not think that someone would seek to tear down the Equality Act with a private Member’s Bill. Through the hon. Lady, I emphasise to Members of the other place who may be considering amendments that, at this stage in the Session, there is no time for amendments before Royal Assent. Without Royal Assent, there will be nothing, and I think our common aim is to pass this Bill and achieve something really important.
Sir Mike Penning
Perhaps I can say something on behalf of the House. It is not just those on the Treasury Bench who are saying to the other House, “Please do not table amendments—they will wreck the Bill”; it is this House that is saying that. We want this Bill on the statute book. If we delay it, it will not get on to the statute book, and that would be criminal.
Chloe Smith
I entirely endorse the point that my right hon. Friend has just underlined, which was made very clearly by the hon. Member for West Lancashire. It took an enormous amount of hard work, passion and perseverance to get us to this point, and we want to finish the job.
I am grateful for the constructive spirit in which everyone in the Chamber has worked to build cross-party consensus for the Bill. It will make real improvements to the communication options, and the lives, of deaf people. As has been said, however, even harder work is ahead of us. At this point I should thank my hon. Friend the Member for Darlington (Peter Gibson) for reminding us that there is a head of steam behind the Bill.
Finally, let me thank all the campaigners—including those involved in the BSL Act Now! Campaign—who have worked tirelessly to get us to this point, alongside the hon. Member for West Lancashire, and thank Members on both sides of the House for their support. I hope we can all agree that today has been a victory for everyone involved, and also that there is more work to be done. I am proud of what we have achieved together with this Bill. We wish it well in the other place, and we look forward to the change that it will bring.
Mr Deputy Speaker (Mr Nigel Evans)
Before I put the Question, I am sure that we would like to hear once more from Rosie Cooper.
Supporting People Nearing the End of their Lives
Chloe Smith Excerpts(2 years, 1 month ago)
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The Minister of State, Department for Work and Pensions (Chloe Smith)
The Government are committed to improving the level of support provided to people who are nearing the end of their lives. The special rules process allows simple and fast access to financial support through the benefits system. Last July, the Government announced their intention to expand eligibility for the special rules, which is currently aimed at those with six months or less to live, with a new 12-month end of life approach. Today, the Department for Work and Pensions is introducing an amendment to the Universal Credit (UC) Regulations 2013, the Employment and Support Allowance (ESA) Regulations 2008 and 2013 and the Decisions and Appeals Regulations 2013.
The regulations will apply in Great Britain and will come into force on 4 April 2022. They will mean that people who are thought to be in their final year of life will be able to receive vital support through the special rules six months earlier than they are able to at present, thereby increasing the number of people who are eligible and the length of time that they are able to receive this support for. This means that more people will be able to make a claim under the special rules, and as a result, they will not be subject to face-to-face assessments, waiting periods and, in the majority of cases, they will receive the highest rate of benefit. The 12-month approach supports clinicians by providing a realistic and straight-forward definition, consistent with the current end of life definition used across the NHS.
The Government have amended UC and ESA, where the definition is in secondary legislation, and when parliamentary time allows they will also amend the special rules for personal independence payment, disability living allowance and attendance allowance, where the definition is contained in primary legislation.
Having a life limiting illness can cause unimaginable suffering for the patient and for their loved ones and we are committed to ensuring the benefits system supports people nearing the end of their lives. To support the implementation of the changes to the special rules criteria we are making today, we will provide clear and helpful communications for claimants, clinicians, and organisations that support people nearing the end of their lives so that they are clear about what they should do in light of these changes.
[HCWS674]
Draft Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022
Chloe Smith Excerpts(2 years, 1 month ago)
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The Chair
Before we begin, I remind Members of Mr Speaker’s advice that they observe social distancing and wear masks. I call the Minister to move the motion.
The Minister of State, Department for Work and Pensions (Chloe Smith)
I beg to move,
That the Committee has considered the draft Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022.
It is a pleasure to serve under your chairmanship, Mr Hollobone. Subject to approval today, these regulations will make necessary legislative changes to prevent overlapping entitlements of the soon to be introduced Scottish adult disability payment with UK disability benefits. The regulations also introduce a small drafting amendment to the child disability amendment regulations, which my predecessor brought before the Committee in July last year. Most of what I will outline today has been covered before by similar regulations. Today’s regulations largely mirror the policy intent and technical application of those previous regulations, although now in relation to adult disability payments.
It is a long-standing principle that the UK Government are committed to making devolution work and to ensuring the transition of powers to the Scottish Government under the Scotland Act 2016. As a result of the devolution of social security powers to the Scottish Parliament and Government under the Act, the Department for Work and Pensions will need to update its legislation from time to time to reflect the introduction of the Scottish Government’s replacement benefits.
Section 71 of the Act allows for the necessary legislative amendments—in this case as a result of benefits introduced under the Social Security (Scotland) Act 2018. Hon. Members will be aware that that Act established the legislative framework for the Scottish Government to introduce new forms of assistance using the social security powers devolved under section 22 of the 2016 Act.
Section 31 of the 2018 Act allows the Scottish Government to introduce legislation to provide financial support through their disability assistance for people in Scotland with long-term additional health needs. They have recently legislated to provide for their disability assistance for working-age people, which will be introduced from March this year. Today’s regulations were passed in the Scottish Parliament on 9 February. They call this assistance the adult disability payment, and I will refer to it as ADP from now on.
The regulations will effect purely technical, administrative changes by preventing overlapping payment of the Scottish ADP and UK disability benefits such as disability living allowance, personal independence payment, attendance allowance and armed forces independence payment. They also introduce some time-limited overlapping provisions for Northern Ireland. Although they do not need to re-cover the appointee provisions of the previous provisions, they will tidy up some language from the child disability payment amendment regulations of July last year so that references are consistent between both these sets of UK Government regulations and better reflect the Scottish Government’s regulations. That does not change the meaning of policy or its application in any way and is purely a drafting amendment.
If these regulations are passed today, they will ensure that there are clear boundaries between payment of ADP and similar UK Government benefits to ensure there is no overlapping provision of payments. They will do that by making it clear that a Scottish resident cannot be entitled to a relevant UK Government benefit and that in the case of those who move cross-border a DWP payment will not start until the day after payment of ADP has ended. That will not only protect the public purse by avoiding double payment to the same claimant for the same need, but help prevent the need for complicated overpayment calculations for any recovery. Furthermore, it is also in the best interests of the claimant, who will have clear expectations of which Government are responsible for paying their benefits at which point in their claim or award.
I understand that ADP will have residency conditions attached, and it will primarily be paid only to claimants who live in Scotland. However, as part of their offer, the Scottish Government will continue to pay ADP for 13 weeks after a claimant has left Scotland and moved to another part of the UK. That will allow claimants time to sort out new benefit arrangements should they wish to. Our intention is to offer a similar facility for those moving to Scotland later this year. Modest but necessary legislative amendments to deal with this policy are therefore now needed in order to support the devolution agenda and strengthen a Union that works together in the best interests of our shared citizens.
The regulations also include provisions on behalf of the Ministry of Defence to ensure that the armed forces independence payment will similarly not overlap with ADP. Finally, provisions have been included to prevent overlapping entitlement when a claimant moves to Northern Ireland and is in receipt of the 13-week run-on payment from the Scottish Government. I commend the regulations to the Committee.
Chloe Smith
I am very grateful for the support that the Opposition Front Benchers have shown. They are right to do so, because today’s SI is a technical one, and these arrangements have already been legislated for in bulk and need only minor additions through this instrument.
The main question from the hon. Member for Lewisham, Deptford, about how my colleagues and I work with our Scottish Government colleagues, raises points that are relevant to the instrument and the wider work that sits behind it. The answer is that we work very closely together, and I speak and meet regularly with my opposite number, the Minister in the Scottish Government, Mr Macpherson. On top of that, our officials work diligently and closely together. We also have good interaction in parliamentary terms. You may be pleased to know, Mr Hollobone, that I will appear before the relevant Committee of the Scottish Parliament on Thursday this week. It will be the highlight of my week, and I look forward very much to discussing this kind of work there. As hon. Members have said, it is really important that we get this right, because we all want to provide the correct welfare safety net and for that to be done in an orderly way.
The hon. Lady asked about data. I can confirm that the DWP is playing its part by transferring the data required to make a reality of these devolution measures, but for that to be successful it is extremely helpful if plans can be shared with my officials well in advance. We have always tried to work with the Scottish Government on that basis, so that we have as early an alert as possible regarding what is needed, when it will be needed by, and how we can work together. I commend the instrument to the Committee.
Question put and agreed to.
British Sign Language Bill
Chloe Smith ExcerptsWednesday 23rd February 2022
(2 years, 2 months ago)
Public Bill CommitteesRead Full debate British Sign Language Act 2022 View all British Sign Language Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 23 February 2022 - (23 Feb 2022)
The Minister of State, Department for Work and Pensions (Chloe Smith)
It is a pleasure to work under your chairmanship, Mrs Miller, as you are a former Disability Minister. I think between current and former, that makes four of us in this room on a cross-party basis, which is a wealth of experience to have in any Committee. I welcome the formation of this Committee and the cross-party consensus that I think we have to make real change, which I am pleased and proud to be part of, in support of my new friend the hon. Member for West Lancashire (Rosie Cooper).
I will first speak about the Government’s support for the Bill and in the short time available, I will make a couple of additional points that I hope will be helpful to the Committee and to have on record. The Government are committed to the Bill because we are committed to supporting all people with a disability, including deaf people, to lead fulfilled and independent lives. For deaf people, that must include the ability to communicate with others through British Sign Language or other forms of deaf communication.
BSL is a rich, vibrant language in its own right that helps to build a sense of community for many deaf BSL users. It helps to shape deaf culture, reflecting unique characteristics found among the population of deaf and hearing-impaired people. I acknowledge the point made by the hon. Member for Garston and Halewood. We expect to update the explanatory notes to reflect the importance of deaf culture.
On clause 1, BSL was recognised as a language in its own right by a ministerial statement in 2003. As has been explained, the Bill will provide that recognition in a statutory format. I acknowledge the hard work of not only the hon. Member for West Lancashire, but all campaigners who have brought the notion to this point. I have no doubt that their work will improve the lives of deaf people and those in the BSL community.
I will set out, in response to the hon. Member for Lewisham, Deptford, what is going on in clause 1(2), because I would like to have that on the record. Eagle-eyed readers will know the subsection makes clear that the Bill does not affect the operation of any enactment or rule of law, for a very particular reason. It is to ensure legal certainty so that recognition of BSL would not generate confusion or disputes. For the good reasons already set out by the hon. Member for West Lancashire, we want to achieve something quickly and effectively, but the legal certainty is also important. It is an underpinning standard that we should seek to achieve in all our work. The purpose and effect of clause 1(2) is to leave the existing balance of legal protections of the Equality Act 2010 unaffected, and that is important.
Clause 2, as the Committee knows, requires the Secretary of State for Work and Pensions to regularly report on what each relevant Department—those detailed in the schedule of the Bill—has done to promote or facilitate the use of BSL in its communications with the public. I will give a few examples, which I hope will be helpful to the Committee. We expect that the communications could include public announcements, the publication of a plan, strategy or consultation document, or activities promoting the Department’s work, such as press conferences. The reporting will give us a much better understanding of how BSL is being used across Government and crucially how we can continue to improve communication for BSL users.
I acknowledge the argument made by my right hon. Friend the Member for Hemel Hempstead and his long-standing work and experience in this area. He has highlighted to me the example from the New Zealand Act, which seeks to ensure ongoing reporting about the operation of that Act. I acknowledge the argument and, of course, any legislation contains the ability to be reviewed because that is what we do in Parliament anyway, but in this particular case, I hope he also takes reassurance from the three-year reporting cycle encapsulated in clause 2.
Lilian Greenwood (Nottingham South) (Lab)
Does the Minister agree that it would be valuable if Government time were made available for a debate on those reports when they were published? Many of us would like the opportunity to scrutinise and press the Government on the contents of those reports.
Chloe Smith
I am always delighted to discuss and debate matters to do with disability. Indeed, I note there is a debate in Westminster Hall tomorrow led by the hon. Member for Motherwell and Wishaw. Unfortunately, I have a medical appointment and will not be able to attend myself. However, the point the hon. Member for Nottingham South makes is a good one and I will convey it to my colleagues—the Chief Whip and the Leader of the House—who will be delighted to see what they can do to ensure the Bill is properly effective, that Parliament does its part to ensure the Government and Departments fulfil the duties in the Bill, and that Parliament can underline the importance of BSL going forward, which we would all agree on.
Clause 3 places a duty on the Secretary of State for Work and Pensions to issue guidance on the promotion and facilitation of BSL, which will be developed together with deaf BSL users as part of the non-statutory board. The guidance may include advice on reporting requirements, best practice for BSL communications and case studies to set out the value of BSL provision. I am keen to work with the board of BSL users and of course BSL users themselves to explore the best approaches, to ensure that the guidance is targeted at everyday interactions for deaf BSL users, and to ensure that the guidance helps service providers adhere to the requirements of the Equality Act 2010, particularly the duty to make reasonable adjustments and the public sector equality duty.
In addition, there are non-statutory measures that go even further to support British Sign Language users. This is right and proper. Some things we do in statute and some we do beyond statute, and together they make an effective package. To complement the approach set out in the Bill, therefore, we are developing a suite of non-statutory measures that will help to promote and facilitate the use of BSL. Those measures include: establishing the non-statutory advisory board of BSL users, which we have already discussed; examining how we might increase the number of BSL interpreters, which I know is a crucial issue in the community; reviewing and updating Access to Work products to ensure that they are fully accessible for all BSL users, and ensuring that BSL users are well informed about what Access to Work can do for them; and aiming to update the national disability strategy to facilitate and promote BSL usage. I will say a little more about each before the Committee rises.
I am committed to creating a non-statutory board that will represent a broad variety of BSL users, with the intention of advising the Government on matters relating to BSL, including helping to formulate the guidance set out in clause 3 of the Bill.
Sir Mike Penning
In the formulation of the board, it is fundamentally important that BSL users and the charities are involved, but there are those outside who say, “No, this is too difficult to do”, so we need some outside influence as well. If we are not careful, it could become slightly too insular with regards to why we can or cannot do this. It is important that we have the right people on the board, but people from outside the community might also be important.
Chloe Smith
I am grateful for those remarks and for those made by my right hon. Friend on Second Reading about the need to widen the board’s membership beyond the bigger charities. I also acknowledge the point made by the hon. Member for Lewisham, Deptford that it is really important to work with a range of people and organisations that can best convey the needs of disabled people. I have already said that I want to make sure that BSL users themselves are central to the board. I cannot put it any simpler than that.
I have already asked officials in the Department to look at the composition and remit of the board. I hope to be able to confirm details in the summer and then seek nominations for members, who will be appointed by the Secretary of State.
Let me turn to the matter of increasing the number of BSL interpreters. made this point in a letter to hon. Members. I have worked closely with the hon. Member for West Lancashire, and we have agreed that the Bill will recognise BSL, with the objective of increasing access to BSL interpretation. We therefore need to look behind the scenes to ensure that we have the right capacity to support BSL users.
I also mentioned in the list of non-statutory measures Access to Work. I am committed to making sure Access to Work is widely known. It is sometimes thought of as a well-kept secret, but it should not be. All of us want Access to Work to be widely understood, widely adopted and known to prospective employees and employers. That is critical, and it goes alongside the work we are doing with the Bill.
I will touch again on the national disability strategy and how that links to the Bill. The strategy was published in July 2021 and aims to improve disabled people’s everyday lives. It sets out a wide-ranging set of practical actions. We are committed to taking those actions and to making society work better and fairer. That is critical in the context of this Bill. It is why we want to facilitate and promote BSL usage, and to do so through the work on the national disability strategy.
Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2022
Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022
Chloe Smith Excerpts(2 years, 2 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chair
Before we begin, I remind hon. Members to observe social distancing and to wear masks—apart from me, as I may have to speak at any moment. On Thursday, that guidance might change again, but that is what it says now.
The Minister of State, Department for Work and Pensions (Chloe Smith)
I beg to move,
That the Committee has considered the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2022.
The Chair
With this it will be convenient to consider the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022.
Chloe Smith
It is a pleasure to serve under your chairmanship, Ms Huq. Congratulations on joining the Panel of Chairs.
Important improvements in health and safety have restricted the use of asbestos and provided a much safer environment for those handling it. However, the legacy of its widespread use is of course still with us, with people starting to suffer many years—normally, decades—after exposure, when they can develop serious and often fatal diseases, such as diffuse mesothelioma. That long latency period can make it difficult for those affected, or their families, to bring a successful claim for civil damages—for example, because their former employer may simply no longer exist. They can, however, still claim compensation, through two schemes that aim, where possible, to ensure that people with diseases prescribed in regulations receive compensation in their lifetime, without having to wait for the outcome of civil litigation, which can take a long time.
There is the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme, which provides a lump sum to people who have one of five dust-related respiratory diseases, including diffuse mesothelioma, and who cannot claim damages from an employer because they have gone out of business. Rates are based on the level of the disablement assessment and the age of the person at diagnosis. There is also the 2008 mesothelioma lump sum payments scheme, established by the Child Maintenance and Other Payments Act 2008. That scheme was introduced to provide compensation to people with diffuse mesothelioma who could not claim compensation under the 1979 Act—for example, because they were self-employed or their asbestos exposure was not due to their work. Again, payments for mesothelioma are made at the 100% disablement rate and based on age, with the highest payments going to the youngest people with the disease. Under each scheme, a claim can be made by a dependant if the person with the disease has passed away. Overall, 2,670 awards were made across both schemes in 2020-21, with the awards totalling £42.4 million.
Chris Stephens (Glasgow South West) (SNP)
The Minister mentioned dependants. Consistently, both Opposition parties have raised the issue of the big disparities in compensation payments between sufferers and dependants, and we got a commitment from the Minister’s predecessor last year that the Government would look at that issue and look at providing an equality impact assessment on these benefits. Can this Minister please update us on that and what progress has been made to address the disparities between sufferers and dependants?
Chloe Smith
I can provide a very brief update. In the context of these regulations, that matter is not included, so it is not directly a matter for the Committee, but I am very much aware of the argument about equalisation. I am equally aware of the commitments that my predecessor gave, so with the Committee’s leave I will write to the hon. Gentleman to give him a little more detail, which goes beyond the scope of the regulations that we have here today.
The regulations increase the value of the lump sum awards payable under both schemes, which stand apart from the main social security benefits uprating procedure. Although there is no statutory requirement to increase the rates of these compensation schemes, I am maintaining the approach taken by my predecessors and increasing lump sum awards by the consumer prices index— 3.1%, as of September 2021. That is in line with the rate increase to the industrial injuries disablement benefit and the other disability benefits made as part of the main benefit operating provisions. The new levels will be paid to those who meet all the conditions for entitlement for the first time on or after 1 April this year.
I want to briefly mention further rule changes that we will make to support the end of life—sometimes known as the special rules for terminal illness. The Department certainly recognises the challenges that an individual, their friends and family face when they receive a terminal diagnosis. Supporting people in that difficult situation is, of course, crucial: that is why we have special rules for the end of life—to ensure that financial support can be provided as quickly as possible. These rules provide simple and fast access to benefits.
In July last year, we announced the intention to replace the current six-month rule for determining who could claim under those special rules with a 12-month end of life approach. That eligibility would then be consistent with current NHS end of life practice. Shortly, the Department plans to amend legislation to implement that change across five benefits, beginning with universal credit, alongside employment and support allowance. That will be followed, as soon as parliamentary time allows, by changes to the attendance allowance, the disability living allowance and the personal independence payment.
I will now touch on other support provided by the NHS for people with respiratory disease. As well as ensuring that financial compensation for the schemes is available, the Government are also focusing on and investing in support, protection, diagnosis, treatment and research. We also entirely acknowledge that the last two years have been a particularly challenging and worrying time for people with chronic respiratory conditions, which is why we prioritised people with such conditions and other vulnerable groups for the initial covid vaccination and booster programmes. We will offer a further fourth jab in the spring. It is also why the Department for Work and Pensions put in place temporary measures to protect the most vulnerable, including the suspension of face-to-face assessments at the start of the pandemic.
To qualify for an award under the 1979 scheme, people must have an entitlement to industrial injuries disablement benefit. We have continued these claims for people with diffuse mesothelioma and other illnesses as they can be assessed by paper. Other respiratory disease claims that could not be assessed by paper—those requiring lung function tests, for example—have now resumed, with extra safety measures in place.
We have introduced one-off special payments so that nobody loses out financially if their age goes up while waiting for an assessment, which would otherwise prevent them from getting the correct rate. It is important to be clear that all eligible awards for IIDB will be backdated to the date of claim. Of course, those awaiting IIDB assessment are still able to apply for other benefits if they find themselves in financial hardship or have care or mobility needs.
Looking to wider lung health, the NHS is also doing much to support the clinical priority of respiratory disease—within the cancer service recovery plan, for example. We expect the number of people diagnosed with mesothelioma to begin to fall in the coming years, but sadly many people will still develop it or other debilitating respiratory diseases. That is why we are working with the NHS to improve those people’s lives and why we recognise the continued importance of the financial compensation offered by the two schemes that we are discussing today. I commend the increase in the payment schemes to the Committee.
Chloe Smith
May I first apologise to you, Dr Huq, for omitting your doctorate earlier? That was an unintentional mistake.
Chloe Smith
Haven’t we all, Dr Huq? I thank you for chairing the debate, and I thank hon. Members for all their contributions, which I think have been in keeping with the seriousness of the work we are here to do on the regulations. I will endeavour to work through a number of the points that have been raised.
I reiterate my offer to write to the hon. Member for Ellesmere Port and Neston on equalisation and the other issues that he raised, and to copy in the entire Committee. I can of course confirm that the Government’s position is, as the hon. Gentleman pointed out, what was expressed in response to the parliamentary question: we think that the funds available ought to be prioritised for those who are suffering most with the diseases—the person with the disease. As I said, I will come back to the Committee to answer a few of the other points that have been made.
I also acknowledge the request made by the hon. Member for Glasgow South West about requiring an update on the Government’s wider work to support the safe management and removal of asbestos. I say again what I said to him two weeks ago in the Work and Pensions Committee: the Health and Safety Executive takes that extremely seriously and is, in my view, taking the right steps. I also reiterate my condolences to the hon. Gentleman for the loss of his friend.
The hon. Member for Arfon raised the geographical distribution of payments. I have some basic data that I can let him have right now, which is that Wales comprises 4% of scheme payments made by region in both 1979 and 2008. If we have it, I endeavour to come back to him with more granular data of interest to him.
I will cover a couple of the more legislative or philosophical points that were made. The hon. Member for Ellesmere Port and Neston asked why the uprating ought not to be automatic. I am conscious that, as has been said, that is an argument in its own right and it is made every year in these debates. The hon. Gentleman queried whether our having this debate every year is only a vehicle for those arguments or whether it serves any greater purpose. I take the view that this annual debate is valuable and gives us an opportunity to remember the gravity of the situation and to think about the human cost, as laid out well by the hon. Member for Reading East. However, turning from a consistent promise made across Governments of different persuasions to an automatic scheme would not necessarily make a difference to those who receive compensation. The money would rightly still come, and I do not take the argument that we need to make it automatic for that to be the case, because that commitment is there and has been there since 2004.
Moving on, the hon. Member for Ellesmere Port and Neston also questioned whether using CPI at 3.1% is enough. Since 2004, Ministers have uprated these schemes in line with inflation, so we have the argument of consistency and predictability, which is important in the sense that everybody knows that the CPI of September the prior year is what will be used.
Members may be aware from other aspects of inflation-uprating debates that my Department has some internal technical reasons that make it necessary to use the September rate. Those are important arguments, but the broader argument here is that to increase payments by inflation provides consistency and predictability and aligns the scheme with the way that other benefits are uprated.
I acknowledge that the hon. Member for Arfon also argued that the uprating date could be moved closer to that of the regulations, saying that that would give many of the same benefits. I will take that point away, because it could happen for all uprating across Government, which may be worth consideration.
The Government acknowledge that people are facing extra costs as a result of recent global price shocks. We already put in place extra support this winter in anticipation of higher costs, and we immediately responded to Ofgem’s announcement of the energy price cap increase. All that builds on extensive existing cost of living support that, crucially, is targeted at the most vulnerable, which is right. That reminds us of the context in which we are working—the hon. Member for Reading East rightly paid tribute to the organisations that assist in the understanding and promulgation of these important issues—and that we are doing this to support people who are very much in their hour of need. That is why we are all in agreement here today that uprating is the correct thing to do, and I again commend the regulations to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Pneumoconiosis Etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2022.
Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022
Resolved,
That the Committee has considered the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022.—(Chloe Smith.)
Oral Answers to Questions
Chloe Smith Excerpts(2 years, 2 months ago)
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Alex Davies-Jones (Pontypridd) (Lab)
The Minister of State, Department for Work and Pensions (Chloe Smith)
The hon. Lady will know that the personal independence payment is aimed at providing assistance to disabled people with extra costs. As the Under-Secretary, my hon. Friend the Member for Hexham (Guy Opperman), has just outlined, alongside the £9 billion energy bills rebate announced on 3 February the Government are providing £12 billion of support over this financial year and next to ease cost of living pressures, with help targeted at working families, low-income households, and the most vulnerable.
Alex Davies-Jones
The increasing cost of living is having a huge impact on so many people, and instead of doing the right thing, this Government buried a £70 million stealth cut to disability benefits in the autumn Budget. For the hundreds of thousands of people impacted, I ask the Minister: exactly how does she expect disabled people to manage their rising energy bills while this Government stand by with woefully inadequate proposals?
Chloe Smith
I am afraid the hon. Lady has simply misread things. What she is referring to in the spending review is our intention to create extra support for the most severely disabled. She needs to read it again.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
I asked the Minister if she would publish the NatCen report into disabled people’s experiences of the benefits system. She said no. The Work and Pensions Committee used its powers to publish the report instead. Having reviewed this research, it is crystal clear what the Government were hiding. Disabled people are struggling on a day-to-day basis. Does she agree that the money disabled people receive is not enough to cover their additional living costs? If she does agree, why has her Department not done anything to address it?
Chloe Smith
I fear we have some serial misreading going on here. As the research shows, health and disability benefits, alongside other income streams, such as passporting and the Motability scheme, help to meet almost all identified areas of additional need.
Robert Halfon (Harlow) (Con)
Stephen Timms (East Ham) (Lab)
The Minister of State, Department for Work and Pensions (Chloe Smith)
As we said in our Green Paper, and as I discussed with the right hon. Gentleman last week, we recognise the need to improve disabled people’s experience of our services. In response to feedback, we have already committed to changes for the special rules on terminal illness. In the British Sign Language Bill and its supporting work, we also show that we are listening to disabled people with an advisory board of BSL users.
Stephen Timms
DWP’s social security advisory committee highlighted just over a year ago the serious problem that disabled people do not trust the Department. Burying the NatCen report, in breach of the cross-Government social research protocol, has made matters worse. The failure to consult properly on the national disability strategy has also now been found to be in breach of the law. As a first step, should the Minister not accept the social security advisory committee’s recommendation to establish a protocol for engagement to do the job properly with disabled people?
Chloe Smith
I do want to engage more with disabled people and continue all the work that is going on to listen to disabled people and disabled people’s organisations. That is a priority across a number of areas of work for all the Ministers on the Front Bench. I take issue with the right hon. Gentleman’s point about the NatCen research and the use of the protocol. As has been the habit of successive Governments, including the one that he served in, protecting a private space for policy development has always been a relevant factor and is a permissible technique for ensuring that we can bring research out at the right time, as we undertook to do in this case.
Justin Tomlinson (North Swindon) (Con)
In addition to the Minister’s vital work with leading health and disability charities, can she confirm that she is fully engaged with the regional stakeholder networks to ensure that a full diverse range of disability voices has an opportunity to shape Government work?
Chloe Smith
I certainly can. My hon. Friend is correct: we need to be able to listen to disabled people and disabled people’s organisations of all shapes and sizes. That is what will help us to come to the right conclusions; for example, in the White Paper that we will be bringing forward in the summer.
Marsha De Cordova (Battersea) (Lab)
The NatCen report is a shocking read that again highlights the hostile environment created by the Department. Disabled people are having to undergo cruel and unfit-for- purpose assessments for their employment and support allowance and personal independence payment; face long delays before a decision is made; and, in most instances, must appeal to a tribunal where they have to wait even longer for vital support. Can the Minister understand why, given those experiences, thousands of disabled people feel let down by the Department? What action will she take to reduce long delays and unfair waiting times?
Chloe Smith
We are working to ensure that that benefit gets to the people who need it most as quickly as possible. I must take issue, however, with the hon. Lady’s assertion that most claims go to tribunal or reconsideration. They simply do not. I set out the facts on that last week in Westminster Hall.
Jo Gideon (Stoke-on-Trent Central) (Con)
I welcome the British Sign Language Bill and the important commitment to ensure that the access to work scheme better meets the needs of BSL users. Will the Minister commit to driving that work forward at pace to ensure that more deaf people are supported in reaching their potential?
Chloe Smith
I am glad to hear that there is support for the Bill on both sides of the House. It is an important piece of work and I pay tribute to the hon. Member for West Lancashire (Rosie Cooper) whose Bill it is and with whom I am pleased to work to bring it forward. As my hon. Friend asks, we are all committed to doing that as quickly as we can because there is so much that we can do to support deaf people to be better involved in education, employment and wider society, which is what the Bill aims to do.
Mr Speaker
Before I call question 9, I understand that it has been grouped with question 13 but not questions 20 and 22, which are identical. I find that rather strange. Of course, it is up to Ministers to propose groupings, but I make it clear that if the hon. Member for Lewisham West and Penge (Ellie Reeves) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) wish to catch my eye, they will be called for their supplementaries.
Huw Merriman (Bexhill and Battle) (Con)
The Minister of State, Department for Work and Pensions (Chloe Smith)
We are working with the National Autistic Society to test ways to make jobcentres more inclusive of people with autism; this test will inform changes to the wider jobcentre network. We encourage employers to consider autistic people for roles and can offer support where needed to Access to Work.
Huw Merriman
I thank the Minister for that response and the work she is doing. The Office for National Statistics highlighted back in November last year that, tragically, only 25% of autistic adults are in any form of meaningful employment despite record job vacancies. I am encouraged by the Minister’s additional steps, but what can we do to get the regional adjustments in place so employers really take this seriously?
Chloe Smith
There is a lot that we can do together and this is an effort for the Government, for employers and for others such as the National Autistic Society and the all-party group on autism, to which my hon. Friend gives a lot of time. He asks what we are doing: we are engaging with employers through the disability confident scheme; we are supporting jobseekers, workers and employers through Access to Work; and, as I have said, we are making our jobcentres and youth hubs inclusive in the way they ought to be.
Carol Monaghan (Glasgow North West) (SNP)
My constituent has a range of conditions, including autism, which has left him with a mental age of 10. He underwent a telephone work capability assessment without a parent or guardian present, which resulted in a reduction in his employment and support allowance. Will the Minister meet me to discuss the case? What steps are being taken to ensure that autistic people and those with additional support needs are helped into work and not targeted in such a manner?
Chloe Smith
I would be happy to look in more detail at this case—or ask officials to do so—which appears to raise a number of issues. More generally, we are absolutely committed to supporting disabled people appropriately into employment that might be right for them. To do that, for example, there is more than £1 billion of funding in the spending review for disability employment. All our providers who conduct benefits assessments have training in a wide range of conditions so that they can properly support those whom they are working with.
Scott Benton (Blackpool South) (Con)
Ian Lavery (Wansbeck) (Lab)
Chloe Smith
I recognise the points that the hon. Gentleman is making, and I think he will be pleased to see some updates coming out very shortly on this matter.
Kim Leadbeater (Batley and Spen) (Lab)
Chloe Smith
A number of steps are being taken to ensure, as I said earlier, that we get the right benefits to people at the right time, in order that they have the support that we recognise they need. In addition to that general point, we have tried to improve processes in a number of ways during the pandemic. I would be happy to write to the hon. Lady with a little more detail so that she can understand the situation.
Mark Pawsey (Rugby) (Con)
We have heard on several occasions about visits to jobcentres, and I have had the opportunity to visit Rugby on several occasions to see the excellent work of the work coaches there. Will the Minister thank them for their work, together with the 13,500 extra work coaches that we have provided to deliver the Way to Work plan?
Clive Efford (Eltham) (Lab)
My disabled constituent Ann’s monthly fuel bills of £95 have now risen to £140 and will rise to £200 in April; she also faces inflation-busting care costs. In her budgeting, she has to choose between heating and eating—exactly the problems that were highlighted in the NatCen report. Who benefited most from suppressing that report: my constituent Ann or the Government?
Chloe Smith
I am rather more interested in the hon. Gentleman’s constituent Ann than in party political game playing. I sincerely hope that his constituent Ann will be able to benefit from the £9 billion package that the Government have laid out, which comes on top of £12 billion and is targeted at the most vulnerable. Meanwhile, we are spending record amounts on health and disability benefits: £59 billion this year.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
I recently visited Basildon jobcentre and heard how it is bringing employers in to engage with work coaches and jobseekers. Does my hon. Friend welcome that new initiative, which helps to break the stereotypical view of those who use jobcentres to find work?
Disability Benefits Assessments
Chloe Smith Excerpts(2 years, 3 months ago)
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The Minister of State, Department for Work and Pensions (Chloe Smith)
It is a pleasure to work under your chairmanship, Sir Gary. I am grateful to the hon. Member for Battersea (Marsha De Cordova) for creating this opportunity for debate on a very important subject. We all believe in a compassionate welfare system. We have heard welcome contributions from all parts of the United Kingdom, and there are many parties represented.
More than one in five people in the United Kingdom are disabled. That is more than 14 million people. As the Minister for Disabled People, it is my priority to ensure that disabled people and people with health conditions are supported to achieve their potential and participate fully in everyday life. We know that disabled people and people with health conditions face many challenges to living independently and realising their goals.
Chloe Smith
I will give way a few times, Sir Gary, but I will not have a great deal of time to cover everything in the debate if I do it too many times.
Hywel Williams
I thank the Minister for giving way. Very briefly, she will have heard about the inhumanity of the assessments system this afternoon, and she will know that Wales suffers acutely, in that we have the highest level of disability and poverty in the UK. She will also have heard about the new system being introduced in Scotland, which will bring in a humane system of assessments. Will she commit in the White Paper to considering the devolution of the administration of welfare benefits to the Welsh Government?
Chloe Smith
I do not think that is likely to be in the White Paper. The hon. Gentleman might have heard that it is not our intention to further devolve welfare to the Welsh Government. None the less, I look forward to more conversations on that with him and with colleagues in the Welsh Government. I take a great interest in devolution affairs in the Department and will be able to have those conversations, just as I do with colleagues in the Scottish Government. I note what SNP Members have said today, which I will come to shortly.
Last year we published the health and disability Green Paper—the main subject of today’s debate—and the national disability strategy, which set out a wide-ranging set of practical actions to improve the lives of disabled people and affirmed our commitment to put disabled people at the heart of policy making. Support for the British Sign Language Bill, which was debated last Friday, is the latest example of such action. The health and disability Green Paper explored what changes we can make to the system, for three reasons—so that we better enable independent living, improve employment outcomes and improve the experience of people using the DWP’s services.
Both the national strategy and the Green Paper were informed by the views of disabled people, who told us in enormous numbers about their experiences and their priorities for change. Although it is not the main subject of today’s debate, I can confirm that we are disappointed at the judgment on the UK disability survey and intend to appeal. Of course, the Chamber will be aware that the court dismissed the claimants’ claims that the Secretary of State had been subject to a duty to consult.
We remain focused on delivering the contents of the strategy, which is broad and important. Ensuring that everyone has the same opportunity for a fulfilling working life is a key part of levelling up the country, on which I am sure I agree with the Chair of the Select Committee.
Stephen Timms
As was said in the debate, the grounds on which the Government resisted that case was that they were not properly consulting people in the first place. That is surely a hopeless position for the Government to be in. They should consult people properly from the start.
Chloe Smith
We certainly do have confidence in our consultation and our listening. I will not go into further detail on the strategy because there is so much else that I want to respond to today.
We have made progress, including significant progress towards our commitment to see an additional 1 million more disabled people in work by 2027. As my hon. Friend the Member for Watford (Dean Russell) explained, supported employment is very significant within that, but there is much more still to do, and I welcome the point made by the hon. Member for Strangford (Jim Shannon) that employers also need to rise and play their part in supporting disabled people or people with ill health in the workplace.
There is also more to do to improve people’s experiences of our services and to build their trust in the system. I have heard the comments made today, and that is why our aim in the Green Paper was to improve the experience of disabled people and people with health conditions by listening, learning and improving. We want to make our services easier to access and our processes simpler where we can. We want to make improvements that will help build people’s trust and explore ways to offer more and better support for the people who need it most.
Turning to the economy, which is important for the context of this debate, the last two years have been really tough. However, because of our focus on getting people into work, we had the highest level of employment that this country had ever seen when covid hit, and we have succeeded in supporting jobs and livelihoods throughout the pandemic. The economy continues to rebound. With around 1.2 million vacancies currently available, including in many sectors vital for our recovery, we want to get people into jobs that they can do right now. The jobs market presents huge opportunities for all jobseekers. I want to ensure that those opportunities and the world of work are accessible and inclusive for disabled people and those with health conditions.
The hon. Member for Motherwell and Wishaw (Marion Fellows) mentioned the Way to Work campaign. I can reassure her that for those who are unable to take up employment due to their health conditions or personal circumstances, we tailor their requirements to their capability and situation to ensure that all that we ask of them is realistic and achievable.
We understand the pressures that people are facing with the cost of living, and we will continue to listen to people’s concerns, as we have done throughout the pandemic. That is why we are providing support of around £12 billion this year and next to help families with the cost of living.
Many important points were made during the debate about the assessment system and the benefits system. The benefits system considers the impact that a health condition or disability has on an individual’s ability to work and carry out day-to-day activities. As all hon. Members know, decisions are based on an assessment of an individual’s functional ability, not their diagnosed health conditions. Claimants are of course encouraged at the outset of their claim to provide all evidence that is relevant to their case, including medical evidence supplied by their GP or other professionals such as support workers, carers or community mental health nurses. We recognise that attending a health assessment can be a stressful experience, which is why, whenever we are able to assess somebody solely on the available paper evidence, we do so.
It is of course important that the benefits system is fair to both benefit recipients and taxpayers. We think that our health assessments are a fair and robust approach to managing the gateway to benefits, with our decisions based on evidence and objective criteria.
Chloe Smith
I want to acknowledge a point that has been made by a number of hon. Members before I give way to the hon. Lady who secured the debate. That is the point about transparency, which was raised by the hon. Member for North East Fife (Wendy Chamberlain) and others today. Transparency is a key principle in our Green Paper, and will be very important going forward.
Marsha De Cordova
I thank the Minister for giving way. She has spoken a lot about the assessment process. Given the overwhelming evidence that everybody has shared, surely she must agree with all of us that the system is flawed, is broken and needs overhauling.
Chloe Smith
We are talking about a Green Paper. The point of a Green Paper is to improve the system, so we should continue the debate that we are having.
We are committed to ensuring that people get a good service from our assessment providers. On training, all assessors are of course subject to ongoing quality checks and an audit process, so they all have access to specific training and guidance on a wide range of clinical conditions. To the Labour Members who want us to end the use of private providers, I simply confirm that we intend to continue to use providers.
I now turn to some of the statistics that have been used in the debate.
Chloe Smith
I am terribly sorry, but I now need to make progress to cover as many of the points that have been raised as I can.
Since October 2013, 3.2 million completed work capability assessments for ESA have taken place. Just 3% of those have gone on to complete an appeal against a fit-for-work decision, and 2% have been overturned at a tribunal hearing. Since PIP was introduced, 4.6 million initial decisions following an assessment have been made; 9% have been appealed and 5% overturned at a tribunal hearing. It is important to set that broader context around appeals and tribunals.
Although we know that most people who claim health and disability benefits have a positive experience—indeed, people themselves tell us that—we recognise that that is not always the case, and we are working hard to improve the assessment system for our claimants. We are committed to assessing people as quickly as possible, so that they get the benefits to which they are entitled. As several hon. Members have rightly said, we want to get backlogs down. Managing journey times for claimants is a priority for the Department. That is why we are using a blend of phone, video and face-to-face assessments to support customers and deliver a more efficient and user-centred service. We are increasing case manager and assessment provider health professional resource, and we are prioritising new claims.
I will briefly touch on the very sad points made by the hon. Member for Middlesbrough (Andy McDonald). He asked me to look at some specific cases; he will appreciate that there are boundaries to my powers to do so, but I can tell him that of course we want to do all we can to ensure that people get the right support as quickly as possible. We also have processes in the Department for identifying possible improvements from serious cases to prevent such things happening in the future. Of course, it is incredibly sad and tragic whenever any person dies, and I convey my condolences to his constituent’s family.
During the pandemic, we introduced a series of easements to help disabled people and people with health conditions to access our services. We made changes to ESA to help people who had covid, or had been advised to self-isolate, to access the benefit more quickly.
I will move on to some of the key points in the Green Paper and provide some updates to the House. We announced our intention to replace the current six-month eligibility rule for the special rules for terminal illness with a 12-month end-of-life approach. That is extremely important and there will be more details before the House soon on various parts of that implementation.
Our health transformation programme is integrating the services that deliver personal independence payment assessments and work capability assessments into a single service supported by a single digital platform. I note the example provided by the hon. Member for Battersea of a constituent who felt that they had had a particularly disjointed service from those two. We recognise the need to go further and rightly, therefore, consulted on several initiatives in the Green Paper to change the application and assessment process for the better, guided by the three priorities that I already mentioned.
We announced our intention to test a service that provides support for the most in need to help them to navigate the benefits system and other Government services. We will be setting out more detail in the White Paper. I note the points made by the hon. Member for Bolton South East (Yasmin Qureshi) about severe disability. We announced our plans to test a new severe disability group for those with severe and lifelong conditions. Again, in the White Paper, I will be able to provide further details of the work on that.
The Green Paper also looked at how we might separate the assessment for financial support from employment considerations, encouraging people to take up employment support, leading to better employment and independent living outcomes. Again, we will be beginning various tests of an employment and health discussion over the next couple of months regarding that.
We received more than 4,500 responses to the Green Paper proposals. We are very grateful to all those who fed in their views. Listening to disabled people is critical. We are now analysing the responses, along with the views expressed to us by people who attended one of the more than 40 consultation events that took place over that period. That included the first meeting with our newly founded ethnic minority forum, where we heard from people from ethnic minority backgrounds about their real lived experiences of the benefits system. As I say, we will be able to bring forward a great number of updates in the White Paper later this year. I continue to work closely with disabled people, disabled people’s organisations and many of the charities also mentioned today. There are several areas of work where I hope to co-produce the outcomes with them.
I reiterate my and the Government’s commitment to improving the lives of disabled people. I am proud of the progress we have made so far. We have put forward some important reforms to go further and build trust and to ensure that disabled people have every opportunity and support that is needed.
British Sign Language Bill
Chloe Smith Excerpts(2 years, 3 months ago)
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The Minister of State, Department for Work and Pensions (Chloe Smith)
I join many others in thanking the hon. Member for West Lancashire (Rosie Cooper) and congratulating her on all the work she has done to bring forward the Bill, working with me to do so. I see, loud and clear, her commitment and dedication in championing BSL, for the reasons she has set out so eloquently. I am humbled to join her in doing that. We both have personal experiences of deafness in our families, and we share that passion for change. We hope that, through the Bill, we will see an increase in the use of BSL by everybody in society and a better deal for deaf people.
The Bill will recognise BSL as a language in its own right, and place a duty on the Secretary of State for Work and Pensions to issue guidance on the promotion and facilitation of BSL. It will also require the DWP to report on information supplied by ministerial Departments regarding their use of BSL. As is now widely known, I am pleased to confirm that the Bill has the Government’s full support, because, among many other good reasons I shall come on to, we share a set of goals and ambitions that is reflected in our national disability strategy. I am sure that all of us here today want to be able to make such change. I am also pleased, Madam Deputy Speaker, that today’s proceedings in this place are available with BSL interpretation, as that is only right, and I hope that more can be done here, with Parliament being a beacon.
The Government are committed to supporting all people with a disability, including deaf people, to lead fulfilled and independent lives. For deaf people, that must include the ability to communicate with others through BSL or other forms of deaf communication. Across the UK, as many as 150,000 people use some form of BSL every day, according to the British Deaf Association—that is thousands of our fellow citizens—and for many it is their first language and main form of communication, as has been explained. However, ignorance and indifference remain, and that is what we want to tackle. The vocabulary and syntax of BSL do not replicate spoken English and many deaf citizens have a lower reading comprehension age than the general population, and too many deaf people in the UK still face social exclusion as a result of linguistic exclusion, affecting employment, education and access to healthcare. I am pleased to hear Members from around the Chamber make points on all of those valuable aspects.
This Government already recognise the importance of deaf people being supported and enabled to communicate through BSL where they wish to do so. I am glad that the hon. Member for Garston and Halewood (Maria Eagle) is here today, because she made the point that recognition was given to BSL in a ministerial statement in 2003. In addition, the Equality Act 2010 already means that employers, service providers and public bodies should provide services in BSL when it is requested and reasonable to do so. We do not intend to make any changes to that Act, so that supporting architecture remains in place. However, individual BSL users can often find themselves not receiving the interpretation they need. The hon. Member for West Lancashire and campaigners are clear that more recognition and guidance is needed, and I agree.
I, too, am very grateful to all who have campaigned for the Bill and for sharing the challenges that BSL users face. I am pleased that we have been able to work together to give recognition and make real improvements to the communication options for deaf people. I also briefly wish to thank my officials, who have been working very hard to bring this about, and my hon. Friend the Member for Orpington (Gareth Bacon), for his support in forging cross-party consensus for an important goal here today. Many hon. Members have come to the Chamber today especially to help their deaf constituents’ voices be heard, which is magnificent.
Through the Bill, the Secretary of State for Work and Pensions will regularly report on what each relevant Department—those detailed in the schedule of the Bill—has done to promote or facilitate the use of BSL in their communications with the public. Part 2 sets that out in more detail. Such communications could include public announcements, the publication of any plan, strategy or consultation document, or any activities promoting the work of that Department, for example, press conferences. Reporting on such things will give us a much better understanding of how BSL is used across Government and how we can continue to improve communication for BSL users.
The Secretary of State will also be required to produce guidance on the promotion and facilitation of the use of BSL, as set out in part 3. Such guidance may include advice not only on reporting requirements but best practice for BSL communications, and even case studies to set out the value of BSL provision.
I note that Members from Wales—notably my hon. Friends the Members for Vale of Clwyd (Dr Davies) and for Ynys Môn (Virginia Crosbie)—contributed to the debate. I wish to make it clear that we absolutely share their intention to support deaf and disabled people throughout the entirety of the UK, including in their constituencies. We are working behind the scenes to establish that, in the appropriate way in respect of the devolution settlements, in the Bill. I refer Members to the territorial extent set out in the explanatory notes. I also acknowledge the contribution of the hon. Member for Motherwell and Wishaw (Marion Fellows) and welcome her support.
In the lead up to the debate, my Department and others have held a number of stakeholder forums to ensure that we understand the views and perspectives of disabled people. That work will continue as the Bill passes through Parliament. We are also going further: I am going to create a non-statutory board of British Sign Language users that can advise the Government on matters pertaining to BSL. I will of course let the House know more about all such aspects as time goes on.
To complement the approach in the Bill, we are developing a suite of non-statutory measures that will help to promote and facilitate the use of BSL. That work includes examining how we might increase the number of BSL interpreters, reviewing how we might work in DWP to ensure that the Access to Work fund helps BSL users, and aiming to update the national disability strategy to facilitate and promote BSL usage. I also acknowledge the wider work across Government to benefit BSL users, including the expansion of jury service, as noted by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland). I am very much looking forward to the development of a British Sign Language GCSE, which has been mentioned several times.
Let me end on a personal note. As many Members have said, this is a national moment: throughout the autumn, in popular culture, we saw the inspirational success of Rose Ayling-Ellis on “Strictly Come Dancing”. From that, we see interest in BSL on the rise. The Bill is an important next step. We want to seize the moment to help to improve the lives of deaf people and those closest to them. It is a crucial step and will make a tangible difference in deaf people’s everyday lives, not least because we will listen to deaf people about how that should be done.
Rose and her journey to glitterball glory have played a huge part, but many of us have personal stories in our back pockets. I am incredibly proud to support the Bill, which is very meaningful to me because I have a family member who is probably at home right now watching with the subtitles on. That is somebody who crashed out of the work that they loved because of increasing hearing loss. That is an example to me of somebody who spurs me on in the kind of work that we can do here in Parliament when we work together. When we find the important issues on which the might and power of Government can come together with personal stories and we can create change, we have a privileged opportunity for public service. I am proud to commend the Bill to the House.