ESA: People with Motor Neurone Disease

Christine Jardine Excerpts

Wednesday 11th July 2018 Westminster Hall

[Stephen Twigg]

I agree entirely. In fact, he anticipates what I am about to say. It is excellent that the debate has cross-party support from Back-Bench Members, so I am grateful for that intervention. Reassessments are my point of grievance with the Government.

Last September, the Department announced that new claimants with the most severe disabilities who apply for ESA will be exempt from reassessment. That is because, as the hon. Gentleman just said, many people with the most severe disabilities have little to no chance of their condition improving. The announcement was, of course, hugely welcome. However, the exemption applies to new claimants, not to those people with long-term conditions who were already in the support group before September 2017.

People with MND—of course, this also applies to other conditions, but today’s focus is on motor neurone disease—who were already in the support group last September are required to undergo a final assessment in order to be exempt. The Government have provided assurances that the final assessment for people with MND will be mostly paper-based, but that is not guaranteed, and the paper-based system is itself not straightforward. It requires filling out a complicated 26-page form. Having to complete such a form is surely an unnecessary further stress for people living with MND. Complications or issues with the paper assessment could mean that claimants are required to attend another face-to-face assessment.

If a claimant has received a confirmed diagnosis of MND or another permanent condition that holds no prospect of recovery and they are already in the support group, there is surely no point in subjecting them to a final assessment. The nature of the claimant’s condition means that another assessment is redundant. It not only causes the claimant further stress and anxiety, but wastes public money on a needless reassessment. People with MND who are in the support group will already have undergone at least one assessment of their ability to work. Given the progressively debilitating nature of MND, their symptoms will almost certainly have got worse since that assessment.

In February, representatives of the Motor Neurone Disease Association met the Minister for Disabled People, Health and Work at the Department to discuss this specific issue. They took with them an open letter, signed by more than 8,000 people, which called on the Government to end mandatory reassessments for claimants with MND. My understanding is that the Minister committed to finding a solution that would exempt people with MND from reassessments, but she said that that would not happen until a review of the Government’s entire exemption policy had taken place. The Minister sent a letter to the MNDA following that meeting. It is welcome that the Minister has discussed a possible solution to this matter with her officials. However, the lack of reference to an imminent solution for those already in the support group is worrying and is causing further anxiety.

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Gentleman agree that the reassessment issue underlines the fact that, despite the improved understanding and awareness of motor neurone disease as a condition, there seems to be a lack of understanding in the DWP, not just of motor neurone disease, but of declining, terminal conditions generally, and that perhaps a better approach is required across the board?

[Stephen Twigg]

I agree entirely. The hon. Lady is absolutely right to say that what we are discussing affects not only motor neurone disease, but a number of other conditions. I will not take any further interventions, because I want to leave the Minister enough time to respond in this short debate.

The Government have yet to give a timeframe for a review of exemptions to take place. Until that review is complete, people with MND still risk being called for an unnecessary and wasteful reassessment at any point. Even worse, should the claimant be unable to complete the reassessment, their benefits could be taken away from them. That would be cruel and totally unacceptable.

My understanding—we will hear the Minister’s response in a moment—is that the system that the Department uses for ESA claimants is not able to differentiate between different diagnoses, so it is not possible for the Department to filter all the people in the support group who have MND or similar conditions in order to grant them an exemption from further assessment. Can the Minister shed some light on why the system has been set up in that way, and what changes the Department could make to prevent such issues from occurring again? I do not think that it would be unreasonable for the Department to apply an automatic exemption to all those claimants currently in the support group who have a certified MND diagnosis; and that should not require an additional face-to-face assessment, as there is no prospect of people with MND getting better.

Last month, the Department changed the personal independence payment system so that those with severe degenerative diseases will no longer have to undergo regular tests to prove that they remain eligible for PIP. That exemption includes people with MND as well as other conditions, such as Parkinson’s and multiple sclerosis. In practice, that means that people whose condition is lifelong and degenerative can be awarded the highest PIP amount, with only a light-touch reassessment once a decade.

I would like the Government to adopt a similar mechanism whereby people with MND can avoid an unnecessary further assessment for their ESA. The Motor Neurone Disease Association has suggested a system in which claimants with MND can send a doctor’s note to the Department to prove their condition. The Department could then use that information to move the claimant to a long-term award within the support group, which would protect them from the need for any further reassessment. The Government have cited legal and operational issues that apparently prevent that seemingly straightforward and humane system from becoming the norm. The DWP has accepted that the work capability assessment is a demanding experience, especially for those with long-term or degenerative conditions, yet it still argues that it is the best method of assessing the suitability to work of those with life-limiting conditions.

As I said, the Government have already changed their policy on new employment and support allowance claimants and their policy with regard to personal independence payment. Today’s debate provides an opportunity for the Minister, who is back in the Department, to say that it will make a similar change for this crucial group of existing ESA recipients. People living with motor neurone disease face many challenges in their lives. Removing the threat of an ESA reassessment would make a real difference to the lives of hundreds of people and their families. I urge the Minister to look again at this issue, and to do so as a matter of urgency.