Social Security and Employment Support for Disabled People

Christine Jardine Excerpts

Wednesday 6th March 2019 Commons Chamber

[Sarah Newton]

Inevitably, we want to ensure that we make the process better. Each time I come to the Chamber, I describe the steps that we are taking. Specifically on the case of people with multiple sclerosis, or cases brought to me by people who feel that their conditions are not properly understood by healthcare professionals, I ensure that the healthcare professionals meet those people, that they look at the guidance together, and update it and the training used by the frontline people doing the assessments. We get positive feedback from that.

Every year, we look at independent research into the experience of people at the face-to-face assessments. It is really important to me that they feel that they are being listened to, and 89% of people said that the assessor had treated them with respect and dignity. In the high 80s, people are saying that they had time and felt listened to, and that they were able to—[Interruption.] That is still not 100%, which we are working towards, but it is important, because we do not want people outside listening to this debate feeling petrified about going to have an assessment. We know that the vast majority of people have a positive experience when they go along, but we are working continuously to ensure that we improve the process for everyone.

[Christine Jardine (Edinburgh West) (LD)]

This is welcome news for many pensioners, who do not now have to undergo repeat appointments, but it does not address the fundamental flaw in the system to which the Minister herself has alluded: 72% of PIP and ESA appeals still find in favour of the claimant. Atos, Maximus and Capita are not doing the job properly. Rather than seeking to improve that, will she not consider bringing the assessment in-house so that it can be done properly?

[Sarah Newton]

I point out gently to the hon. Lady that 8% of people who apply for ESA go to appeal, and 4% are overturned. I do not want that to be 2%, 1% or 0.1%; I want us to get the decision right the first time, but we must use the information accurately. It is important that we are evidence-based policy makers. When it comes to who will carry out the assessments from 2021, the healthcare professionals doing so have always been clear that by creating this transformed service and our own digital platform, many more people will be able to come forward to say that they can undertake the services, and I would be particularly happy if NHS trusts said that they would do so.

Department for Education

Christine Jardine Excerpts

Tuesday 26th February 2019 Commons Chamber

[Huw Merriman]

I will not give way, because I am taking quite a lot of time. The reality is that UC is designed to mirror the world of work. In the world of work, 75% of people get paid monthly, and so the benefits system is designed to do that, because everybody on benefits is supposedly able to find work and this system mirrors the world of work. It is the right system to help people.

Another aspect of UC is universal support. It used to be the case that when someone was on benefits they were languishing on benefits, no one cared about them and they did not get the tailored support that UC gives. Now if anyone chooses to go to their jobcentre, as I do regularly, they will find a completely different approach—one where there is compassion and tailor-made support. The work coaches—[Interruption.] It is all well and good the hon. Member for Garston and Halewood (Maria Eagle) chuntering from the Benches, but if she had spent time with her work coaches, seeing the passion that they have in getting their people into work, she would see that they have more effect in doing that than she has by sitting there chuntering away.

My view is that UC works, and 82% of those on UC believe it works, too. It is all well and good for MPs to knock it for political purposes, but if they wanted their constituents to be helped, they would get behind this system, rather than constantly knocking it for political ends.

[Christine Jardine (Edinburgh West) (LD)]

The hon. Gentleman says that 82% are satisfied, but does he agree that 18% unsatisfied is still too high?

[Huw Merriman]

Yes, of course, because we should always strive for 100%, as I said right at the start. But when we hear Opposition Members talking, we might think that the figure is at zero—it is not. I spend the time with those delivering the support and those receiving the support, and they are happy with it. Let me compare that with the previous system of tax credits. They were rushed in so fast by the Labour party that we ended up seeing overpayments of £7.3 billion and people pursued through the courts to get that money returned. Where does that leave the party of compassion? A success rate of 82% is high when one considers the challenging circumstances of people on universal credit.

In my remaining two minutes, let me turn back to those on disability support. I find that many of those who have been assessed for PIP and ESA have been let down by the system. I say to my Front-Bench colleagues that we need to continue to look to do more to help them through the assessments. I recognise that they are very much tailored benefits that take account of the cost of a disability. By their very nature, there will be challenges, but universal credit is absolutely a challenge that we should meet.

Again, I come back to the employment figures: we have got many more people with disabilities into work than the Labour party did. Anybody with a disability should be told that they are just as able to find work, and that they have the support of the Conservative party to do so, as those who are not disabled. Failure to do that is complete discrimination. I am really proud of the support we offer. My office is a Disability Confident office: we want to make sure that we give people the exact same opportunities. I am proud of our position with regard to those with disabilities. The fact is that we are now spending an extra £10 billion to assist people, compared with 2010.

When it comes down to it, we are helping people to get into work—[Interruption.] The hon. Member for Battersea (Marsha De Cordova) says we are not, but I have just said that there are an extra million people in employment under this Government compared with under her party’s Government. The statistics do not—[Interruption.]

--- Later in debate ---

[Christine Jardine (Edinburgh West) (LD)]

When it comes to problems with the Department for Work and Pensions and its policies, it is actually quite difficult to know where to start. The people who depend on this Government Department often depend on it absolutely, and it absolutely is not working. It is not working for those on universal credit, assessments for personal independence payments are not fit for purpose, and the benefits freeze has been described by the Joseph Rowntree Foundation as the “biggest policy driver” of poverty in this country.

Perhaps universal credit might work if the Government had not taken £3 billion out of the budget back in 2015—it might then fulfil its original and admirable brief of simplifying the system and helping people get back into work—but they did, and now it is not doing so. They did put half of the money back, but it still is not enough. I do, however, applaud the Secretary of State for her acknowledgment that the problems with universal credit have contributed to the frightening and unacceptable growth in the use of food banks by families in this country. We are also seeing late payments, increased stress for people who are often already suffering from stress or mental health issues, and a growth in homelessness.

Let us put this into context. The DWP will spend £184 billion on benefits and pensions this year. That is a quarter of all public spending. More than half of that, £105 billion, is on pensions, mainly the state pension. Only £22 billion is spent on working-age benefits, and a further £21 billion on housing benefit. As MPs, we have a duty to be careful with our language and to help change the story people in this country hear about the relationship between benefits and poverty.

The DWP should exist to help families break free from poverty, to support people into work who are able to work and to provide security in old age, but that is not what the story of current policies reflects or tells people who are listening out there. Policies such as the five-week waiting time for universal credit reinforce the feeling among claimants that the Department does not actually want to help them, at least not right away. What they see is a delaying tactic—putting off payments for as long as it possibly can. Meanwhile the Government have spent £370 million last year, and advance payments just paper over the cracks.

[Huw Merriman]

rose—

[Christine Jardine]

I beg the hon. Gentleman’s pardon.

In my constituency of Edinburgh West, we are only just learning at first hand about the problems of universal credit, which was rolled out in the constituency at the end of November. We are much better acquainted with the problems caused by PIP assessments and inequities in the changes to the state pension age for women. Every week, I have people come through my door who have been refused PIP, often for the most inexplicable reasons. One constituent, who has had a Motability car for years, was told she did not need it because, if she could drive, she could obviously walk.

[Huw Merriman]

I tried to intervene on the point about universal credit. I do not believe that I voted on universal credit, because it was voted for prior to 2015, when I was first returned to the House. The policy that the hon. Lady is talking about was delivered by a Lib Dem-Conservative coalition, so it is actually her party’s own policy.

--- Later in debate ---

[Christine Jardine]

Yes, it was our policy, and if it had been delivered with the amount of money that was originally intended, it might have worked. However, in 2015 the then Chancellor took £3 billion out of the budget, leaving the policy crippled.

[Alex Chalk (Cheltenham) (Con)]

Will the hon. Lady give way?

[Christine Jardine]

I will continue, if the hon. Gentleman does not mind.

The constituent I mentioned was told that she did not need her mobility car, because if she could drive, she could walk. However, the car was specially adapted for her disability—a disability she was born with and for which she wears callipers. She cannot walk any distance. It was nonsense.

If the Department wants to save money, it should get more of these assessments right the first time, and bring assessments in-house to help it to do that. In 2015-16 the Ministry of Justice spent £103 million organising ESA and PIP appeal hearings, not including the costs to the DWP of defending them, yet two thirds of those hearings went in favour of the claimant. Meanwhile, the Government spent £370 million a year on contracts to Atos, Capita and MAXIMUS to conduct those assessments. That money could be much better spent. Surely it would be cheaper and fairer for the DWP to invest properly in trained professionals to carry out these tests.

Perhaps the most important thing the Government could do—as we have heard, this is the starkest omission from their estimates—is to end the benefits freeze. According to the Joseph Rowntree Foundation, that is the biggest policy driver behind the expected rise in poverty by the end of this Parliament. It estimates that ending the freeze a year early would cost £1.4 billion, reducing the number of people in poverty by 200, 000. It is absurd that the Government have been unwilling to accept that, given that they had the money to spend but instead put it to use by giving a tax cut to higher-rate taxpayers. Surely it is morally wrong to attempt to balance the books on the backs of the most vulnerable. The Government should use the spring statement to scrap the final year of the benefits freeze, and finally make the DWP work for the people it is intended to work for.

Employment and Support Allowance: Underpayments

Christine Jardine Excerpts

Monday 25th February 2019 Commons Chamber

[Sarah Newton]

For the first phase of people we have contacted, we have nearly completed the exercise. Most of those people will have been contacted and we will have paid them their arrears by the end of April. As we start on the next phase, we will be contacting people by letter. We have really good stakeholder engagement with a range of disabled people’s organisations and charities to make sure that people know this is happening and, when they do receive the letters and communications, that they understand what we are trying to do, which is to make sure that they get all the benefits to which they are entitled.

[Christine Jardine (Edinburgh West) (LD)]

I welcome what the Minister had to say about the lessons learned from this catastrophe. Will she assure us that she will take the upcoming migration pilot as an opportunity to ensure that an alternative is found to the hard stop, so that claimants who do not make an application in time for universal credit do not have their benefits cut off?

[Sarah Newton]

We are absolutely determined to learn the lessons from this particular situation, but also from all other situations, and to make sure that people have the personal, tailor-made support they need so that they can make a smooth transition on to universal credit.

Social Security

Christine Jardine Excerpts

Monday 4th February 2019 Commons Chamber

[Guy Opperman]

The good news is that approximately 5,000 jobholders in East Renfrewshire are now benefiting from a workplace private pension, and our thanks are due to the 1,270-plus employers in my hon. Friend’s constituency.

On collective defined-contribution schemes—I know the hon. Member for Birmingham, Erdington (Jack Dromey), who speaks for the Opposition, is very passionate about them as well—I can confirm that, following the closure of the Government consultation on CDCs last week, the Government intend to proceed with CDC legislation, subject of course to the formal response to that consultation. It is right that I recognise on the Floor of the House the fantastic work my hon. Friend has done in bringing forward a ten-minute rule motion and then a private Member’s Bill to prompt and trigger the consideration of CDCs. This will play a massive part for the Royal Mail postmen and women who work in all weathers—I know there is interesting weather in East Renfrewshire—to support local businesses and the local economy.

The guaranteed minimum pensions increase order is a technical matter that is debated by this House on an annual basis. It provides for defined-benefit occupational pension schemes that are contracted out to increase members’ guaranteed minimum pensions that accrued between 1988 and 1997 by 2.4%, in line with the increase in the consumer prices index to the previous September.

The automatic enrolment order reflects the conclusions of this year’s annual review of the automatic enrolment earnings thresholds, as required by the Pensions Act 2008. In conducting the review, the Secretary of State has considered both the automatic enrolment earnings trigger, which determines the point when someone becomes eligible to be automatically enrolled into a qualifying workplace pension, and the qualifying earnings band, which determines those earnings on which the enrolled employee and their employer have to pay a proportion into a workplace pension.

[Christine Jardine (Edinburgh West) (LD)]

The Minister will know that the upper threshold is linked to the higher rate threshold for income tax. Will he explain to the House why the Government are prioritising this £1.3 billion tax cut for higher earners over reversing cuts to universal credit or ending the benefits freeze a year early?

[Guy Opperman]

The hon. Lady will understand that the trigger and the earnings limit are in line with national insurance figures. The level was £6,032 in 2018-19, which has gone up to £6,136. The upper limit was £46,350, which has gone up to £50,000. There will be more people saving by way of automatic enrolment by reason of these changes, and those enhanced by this will be numbered in the tens of thousands.

With respect, automatic enrolment is supported on a cross-party basis. It is a successful policy, with 10 million people in various constituencies up and down the country now benefiting from it. In February last year, the last group of smallest employers took on their duty to enrol all staff, and we now have 1.4 million employers. In April this year, we go to 8%, and individuals and employers will therefore be saving a substantial amount. The crucial statistic is that only 9% of individuals have opted out of, or ceased to have, an automatically enrolled pension on an ongoing basis.

Universal Credit

Christine Jardine Excerpts

Monday 14th January 2019 Commons Chamber

[Alok Sharma]

We have listened. In November, I spoke to the hon. Lady and other colleagues about the policy, and we have changed its retrospective nature. However, I point out that the overall policy is about fairness not only to those who receive welfare but, of course, to taxpayers.

[Christine Jardine (Edinburgh West) (LD)]

This Government have finally recognised the risk to women and children of giving universal credit to just one member of a household. Will the Minister now explain how the DWP will identify the main caregiver in a household and what other steps will be taken to protect women and children from domestic abuse?

Universal Credit: Managed Migration

Christine Jardine Excerpts

Tuesday 8th January 2019 Commons Chamber

[Alok Sharma]

I do not know whether the hon. Gentleman is arguing against our conducting a pilot, but that would be irresponsible. We have always made it clear that we need to get this right, which is why we will organise a pilot.

[Christine Jardine (Edinburgh West) (LD)]

I was delighted to hear the Minister say that he would listen to what is said about the changes that will have to be made. Does that mean that he will accept the necessity for a guarantee that vulnerable people on existing legacy benefits need not apply, that there will be some way of ensuring that they are being moved successfully on to universal credit before their legacy benefits are stopped, and that someone from the DWP will visit them at home to ensure that they are receiving what they are entitled to, and are completely aware of the changes?

[Alok Sharma]

As the hon. Lady will know, home visits are already available under the welfare system and the universal credit arrangements. However, she has raised an important point about the need to ensure that no one who is vulnerable falls through the cracks. We want to ensure that as well, which is why we are working with health charities and others to make certain that we get this absolutely right.

Oral Answers to Questions

Christine Jardine Excerpts

Monday 7th January 2019 Commons Chamber

The Secretary of State was asked—

[Christine Jardine (Edinburgh West) (LD)]

1. What steps her Department is taking to support households transitioning from legacy benefits to universal credit.

[The Secretary of State for Work and Pensions (Amber Rudd)]

The purpose of universal credit is to replace an outdated benefits system, ensuring that people are better off in work and that support is targeted to the most vulnerable. We recognise the challenge that this cultural shift represents. We currently provide advance payments and a transitional housing payment to claimants coming on to universal credit. Furthermore, we will spend over £3 billion on transitional protections for 1.1 million households as part of our managed migration regulations.

[Christine Jardine]

I thank the Secretary of State for her answer. I welcome reports that she is considering scaling back the roll-out of the migration to universal credit for those on legacy benefits while problems with the system are identified and resolved. However, we have seen from the WASPI—Women Against State Pension Inequality—scandal that a letter from the Department is often not enough to stop even those who are not vulnerable from falling through the cracks. Why has the Secretary of State rejected the recommendation from her own social security advisory committee that legacy benefits claimants should be transferred to universal credit automatically? As a minimum, will she guarantee that nobody has their legacy benefits stopped without an application?

[Mr Speaker]

We are extremely grateful to the hon. Lady.

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.

Oral Answers to Questions

Christine Jardine Excerpts

Monday 2nd July 2018 Commons Chamber

[Sarah Newton]

My hon. Friend is a real champion for all his constituents, and I am pleased to join him in praising the work of the East Cleveland employment and training hub, which I understand plays a pivotal role in the community in enabling people to be supported into employment and is particularly valuable for those people who recently lost their jobs at the local potash mine.

[Christine Jardine (Edinburgh West) (LD)]

My constituent Alexandra Mitchell is unable to walk without heavy metal callipers. She cannot use her feet to drive and has hand controls in the Motability car she now stands to lose because her PIP assessment says that if she can drive, she must be able to walk. Does the Minister accept that this example, and those we have heard from other hon. Members, calls into question the quality of PIP assessments? Does she accept that the system is flawed and needs to be sorted?

[Sarah Newton]

One experience of poor customer service is one too many, and of course I will meet her.

I also want to point out what Kate from the west midlands said, again on “You and Yours”: “My 35-year-old daughter has a learning disability. She doesn’t read or write, so I filled in the form for her. From her point of view, it turned out to be a very good experience because when she was on DLA she was on the lower rate but, because of the new criteria, she is now on the higher rate and has a mobility car. So from our point of view, it’s been really positive.”

Universal Credit: Private Rented Sector

Christine Jardine Excerpts

Tuesday 9th January 2018 Westminster Hall

[Christine Jardine (Edinburgh West) (LD)]

It is an honour to serve under your chairmanship, Mr Gray. I thank my hon. Friend the Member for Eastbourne (Stephen Lloyd) for securing this debate on a crucial subject. The two words “universal credit” are becoming feared and disliked in equal measure across this country. In my constituency, we are not due to experience the full effect of universal credit until June, yet already it is having an impact on the private rented sector. The problems that my hon. Friend and many others have warned about now threaten to put further pressure on a housing sector that is already in trouble, and to push vulnerable families into rent arrears and homelessness.

Just yesterday I heard from a constituent who has been given notice to quit their private rented accommodation. They are not in arrears and never have been, but their landlord has decided to sell his properties, influenced by fears of universal credit and the difficulties that collecting rent from people who are not yet receiving money from the benefit system will cause him. I hear daily tales of other private landlords either increasingly excluding those on benefits or simply opting to sell up. As we have heard, 87% of landlords asked said that they would not accept tenants on universal credit.

As my hon. Friend said, we already face a housing crisis in this country: there is a shortage of social housing while tens of thousands of properties lie empty. In Edinburgh alone, there are more than 20,000 people on the waiting list for a house. The figures quoted for Eastbourne and across the country show us that the situation will only get worse. In the six months for which I have had the privilege of serving Edinburgh West in this place, I have already taken part in numerous debates in which the Government have been urged to stop universal credit and rethink how it works. I make no apologies for urging them to do so again. It is simply not working in the way intended. Instead of making the system simpler, it is making it less helpful and supportive and increasing the threat of debt and homelessness. As my hon. Friends have said, there were warnings, and now we have the concrete evidence in the form of the mounting rent arrears of which every hon. Member has spoken. Private sector landlords have little or no faith that they will continue to receive payment.

I suggest that it is time to act. It is a problem for which a solution is already in place: default payments. Why can we not simply pause and get the Government to re-examine the issue to allow payments to go directly to landlords to reassure them, and to ensure that our constituents continue to have roofs above their heads?