Personal Independence Payment: Regulations

Corri Wilson Excerpts

Wednesday 29th March 2017 Commons Chamber

[Corri Wilson (Ayr, Carrick and Cumnock) (SNP)]

It is a relief that we are having this debate on the Floor of the House, and I thank you for granting it, Mr Speaker, following the application of the hon. Member for Oldham East and Saddleworth (Debbie Abrahams). It is a shame that the House has had to drag a Minister to the Dispatch Box so that the Government can be held to account on this matter after weeks of their refusing to debate it. As we have heard, 179 Members from eight different parties signed an early-day motion to annul the statutory instrument that implements the changes. The truth is that the Government have been shying away from accountability for the regulations from the start. They initially refused to comply with the upper tribunal ruling by bringing forward these changes in the first place, and then they did not even have the decency, nor the courtesy, to refer a draft of the regulations to their own Social Security Advisory Committee. If the Government are so confident that the regulations will hold up to any kind of scrutiny, why have they avoided due process by trying to sneak the changes in through the back door?

My party and other Opposition colleagues will not allow the Government to take these unfair backwards steps. Sense estimates that the changes will affect 150,000 people. Those people will lose out on PIP, which supports the extra cost of living with a disability, while the Government save £3.7 billion. That smacks of hypocrisy, given that the “Work, health and disability” Green Paper said that the Government would not seek to make any further cuts to the social security budget. Is that the real reason why they did not want the regulations to be scrutinised?

Given the Government’s attitude to PIP and the assessments, it seems fitting that they will sneak out the second independent review of personal independence payments tomorrow—the day the House rises for Easter recess. What are they so scared of that they have scheduled the release of the report so that they can face no immediate scrutiny? During the passage of the Welfare Reform Act 2012, which established the new personal independence payment system, Ministers were clear that PIP was an important step to achieve the parity of esteem between physical and mental health that we want. Ministers even talked about the descriptors for the mobility component taking into account someone’s ability to plan and follow a journey. They said that PIP was designed to assess the barriers that individuals face, not to make judgments based on the type of impairment. Personal independence payments are supposed to support people with the additional costs of disability.

We have heard about the court ruling that the regulations seek to undermine. The court ruled that people who find it hard to leave the house because of anxiety, panic attacks and other mental health problems should be able to receive the higher rate of PIP.

[Norman Lamb (North Norfolk) (LD)]

These changes run the risk of again increasing the stigma of mental health, because they say to people with anxiety that causes them to stay inside that that is not really serious. Is that not completely in conflict with the principle of equal treatment for mental and physical health?

[Corri Wilson]

I completely agree with the right hon. Gentleman. We should not be treating one disability differently from another.

I have said this before, but it bears repeating that the Government cannot simply move the goalposts every time they lose a battle in court. The regulations do nothing more than pander to the old stigmas and attitudes towards mental illness. If a person needs help, he or she needs that help regardless of the nature of their disability or health condition.

In evidence to the Lords Secondary Legislation Scrutiny Committee, Disability Agenda Scotland, an alliance of Scotland’s major disability organisations, raised a number of concerns. It said:

“We disagree with the Government’s presentation of the change that this will not be a ‘cut’ for people currently receiving PIP, as it is a clear diversion from the stated aims of the legislation back in 2012 (to award the enhanced mobility component ‘if a person’s mobility is severely limited by their physical or mental condition’).”

Essentially, the Government are intent on trying to spin their way out of this outrageous, stigmatising move against those with severe mental health conditions. Disability Agenda Scotland also fears:

“Current recipients may also lose out in future despite no change to their condition, if they are reassessed under the new criteria.”

It will come as no shock that the DWP’s own evaluation of the changes shows that the Government have no idea of their long-term impact—no idea! They simply do not care and are happy to push forward a move that makes a clear distinction between people with different conditions, against the ruling of the Court.

There are clearly concerns about assessment processes for personal independence payment, and the Scottish Association for Mental Health’s report on PIP, “What’s the Problem?”, sets out those concerns. One of the main themes running through its research is a distrust of the process. One person said:

“People advise you not to shave, and turn up dishevelled—to show that mentally they are unwell! Just because you’re articulate doesn’t mean you don’t have a mental health problem.”

There is simply no consistency in the assessment process, yet the Government keep shifting the sands in a piecemeal way, which only exacerbates the problem and the impact on the lives of those who are simply trying to claim what they are entitled to.

The Government have form on pulling the safety net from under those who are desperately or life-threateningly ill. Such is the impact of sanctions on those with mental health conditions that many become destitute and dependent on food banks. The Government do not strike me as keen to ensure parity of esteem for those with mental health conditions; they seem intent on doing everything they can to make people dependent on support, rather than empowering people to live independent lives. We know that, in practice, “parity of esteem” means nothing to the Government, who have instructed private companies carrying out assessments to award the higher rate of the mobility component only to people with physical, cognitive or sensory impairments.

The Scottish Government, on the other hand, are determined to build a social security system with dignity and fairness at its heart. The process of building that system and taking over responsibility for personal independence payments is ongoing.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

The hon. Lady describes the situation in Scotland, but I assure her that seats such as mine are also affected. People might call Ealing Central and Acton metropolitan, elitist or suburban, but we have had 120 such cases recently. She talks about parity of esteem, and people keep pointing out to me that that is another example of how this Government say one thing and do another.

[Corri Wilson]

I agree with the hon. Lady. I am sure that most of us in the Chamber will have had constituents queuing at our door with personal independence payment issues.

I hope that lessons can be learned from today’s debate. The Government should stop forcing important legislation through the back door. They should have consulted their own Social Security Advisory Committee, and they should not have had to be dragged to the Dispatch Box for an emergency debate because they simply did not give the House answers.

The Government have not even waited on the second independent review of personal independence payments before manipulating the system. The Minister needs to stop mucking people about, back away from these ill judged and ill thought out changes and call a vote on annulling the regulations. If the Government do not do so, it will show how intent they are on bulldozing through legislation without scrutiny, and in spite of an independent judicial ruling.

The bottom line is that these changes are being implemented to save the Government money, no matter the cost to our communities and those with mental health conditions. This is no way to treat our vulnerable people in society, and I ask the Government to reconsider.

[Several hon. Members rose—]