Personal Independence Payment: Regulations

Debbie Abrahams Excerpts

Wednesday 29th March 2017 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I beg to move,

That this House has considered changes to Personal Independence Payment Regulations.

Thank you, Mr Speaker, for granting this vital debate on the new personal independence payment regulations. Although I welcome the opportunity to debate this issue, it is highly regrettable that the Government have had to be dragged to the House to be held to account for this nasty piece of secondary legislation.

As the House will know, the Government have ignored two urgent questions on this matter, an early-day motion signed by 179 Members calling for these punitive regulations to be annulled, and a 38 Degrees petition, signed by more than 185,000 people, asking them not to make the changes. When pushed at business questions on Thursday, the Leader of the House said there would be a debate, but could not say when. Only late last night did it become clear that the debate has now been hastily scheduled for 19 April. What particular kind of arrogance or disregard for democracy are the Government revealing? This does not bode well for their accountability to this place in the future negotiations.

For the record, we should note that today’s debate does not allow for a substantive vote on the regulations. As the Government have failed to allow a debate before the EDM praying-against period comes to an end on 3 April, the regulations will not be automatically revoked, should the House vote against them on 19 April. I would be grateful to the Minister for Disabled People, Health and Work if she explained why, given that we have risen early twice this week, the Government have been incapable of finding time for such a debate before the Easter recess. The Government are hoping that because they have delayed the debate, the objection to the regulations will be kicked into the long grass, but it will not be.

[Toby Perkins (Chesterfield) (Lab)]

On behalf of many of my constituents, I thank my hon. Friend for securing this debate. Does she agree that the very least we owe to people who find themselves, through no fault of their own, in the most difficult of circumstances is to tell them whether we have voted for decisions made in Parliament that are having an appalling impact on their incomes?

[Debbie Abrahams]

My hon. Friend makes an excellent point. That is what we have been trying to do since the emergency regulations were laid before Parliament.

Let us remind ourselves how the emergency regulations were introduced and what they have changed. The regulations, which were laid before the House on 23 February and came into force two weeks ago, amended the legislation under which disabled people or people with a chronic condition are assessed for eligibility for personal independence payments. The new regulations followed two upper tribunal rulings. The first judgment on 28 November 2016 held that needing support to take medication and monitor a health condition should be scored in the same way as needing support to manage therapy, such as dialysis, undertaken at home. The second, also on 28 November, ruled that people who find it difficult to leave their house because of severe psychological distress should receive the enhanced rate of support under the mobility component of PIP.

In a letter to me last week, the Secretary of State for Work and Pensions said that he became aware of the rulings on 8 December. Two and a half months later, the Government laid their emergency legislation before Parliament. I am sure that the irony of something taking two and a half months in an “emergency” has not been lost on you, Mr Speaker. During those two and a half months, not only were the Government unable to bring the regulations before the House, but they also bypassed their own Social Security Advisory Committee. They have ignored SSAC’s recommendations on wider engagement, testing or piloting changes, and the analysis of impacts.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

I note what the hon. Lady says about legal cases, but is not the point that those legal cases broadened the provisions, and that the regulations will simply restore the policy to what it has been and should be, which is one of targeting support at those who need it most?

[Debbie Abrahams]

I will come on to that in a moment, because I think Members have unfortunately been hoodwinked, and I will absolutely expose what the Government have said.

This move undermines and subverts not just our democracy, but independent tribunal judgments. It is unprecedented, and we should be concerned about future actions that the Government may take in relation to court cases that they lose. It is also highly unusual for such a fundamental change to be introduced by a statutory instrument under the negative procedure, bypassing debate and scrutiny in this House.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

It is clear to me, from the huge number of cases that I have dealt with, that the entire PIP system is fundamentally flawed. It results in the most appalling decisions and causes distress to thousands of disabled people and their families. Does my hon. Friend agree that there should be an independent review of how PIP assessments are carried out, given the obvious failings in the system?

[Debbie Abrahams]

My hon. Friend is absolutely right. There are long-term issues with the PIP assessment process as a whole. I will address that later. It is interesting that the Government let out yesterday that they will make an announcement, following a recent review, tomorrow, just as we rise for recess.

On Monday, the other place debated and passed a regret motion tabled by my noble Friend Baroness Sherlock, asking the Government to reconsider the regulations urgently, but the elected House of Commons has been denied that opportunity during the vital praying-against period. As I have said, that is very worrying behaviour by the Government.

The Minister for Disabled People, Health and Work claims that the changes restore PIP to its original policy intentions, but that does not hold water. During the PIP consultation in 2012, Ministers were quoted on numerous occasions saying that mental health conditions would be given parity with physical health conditions as part of the PIP assessment. For example, Esther McVey said that the PIP

“assessment is being designed to consider…physical, sensory, mental, intellectual and cognitive impairments.”—[Official Report, 26 November 2012; Vol. 554, c. 147W.]

[Mrs Madeleine Moon (Bridgend) (Lab)]

The Samaritans produced a report earlier this year that points to a significant association between socioeconomic disadvantage and suicidal behaviour. The report cites Gunnell and Chang, who wrote:

“Those who are already vulnerable, such as individuals who are supported by social welfare or who have preexisting mental health problems are at greatest risk.”Is not it shocking that the Government have not looked at the risk of suicide among those who will be denied financial support for their mental health needs?

[Debbie Abrahams]

I totally agree with my hon. Friend. My hon. Friend the Member for Bishop Auckland (Helen Goodman) has given a very moving account of how one of her constituents was affected and, unfortunately, took their own life last week.

[Helen Goodman (Bishop Auckland) (Lab)]

Does my hon. Friend agree that the Government seem to be in a place where the NHS is catching up with the need to treat mental health conditions properly, but other public services, whether they be the Department for Work and Pensions or the Prison Service, are simply stuck in the past, and that this must change?

[Debbie Abrahams]

My hon. Friend is absolutely right. The situation makes an absolute mockery of the claim that there is parity of esteem. She rightly mentions what the NHS is trying to do, but sadly there are still issues with treatment for mental health conditions.

[Mr Jayawardena]

rose—

[Debbie Abrahams]

I will make some progress, and then I will come back to the hon. Gentleman.

The Government’s response to the PIP consultation reiterated that psychological distress would be included in the PIP assessment, as did the Government’s argument in the 2015 upper tribunal case of HL v. the Secretary of State for Work and Pensions. Ministers have also said that people with mental health disorders who suffer psychological distress would not lose out on PIP. However, the new guidelines for PIP assessors, issued on 16 March, state:

“Descriptors c, d and f under new mobility activity 1 are amended”,

and the

“effects of psychological distress are not relevant”.

The assessment cannot take into account the psychological distress that someone experiences. They cannot score the 12 points needed to get the enhanced PIP mobility rate, so instead of £57 a week, they will be able to get only £22 a week.

[Stephen Kinnock (Aberavon) (Lab)]

In recent months, I have had 44 PIP cases in my constituency, with dozens going to appeal. Eight have already gone to appeal, and in every single one of those cases, the decision has been overturned. Does my hon. Friend agree that that is a massive and inexcusable waste of time, money and resources?

[Debbie Abrahams]

Absolutely. It is very important to note the association between ill health and disability in former industrial areas, and as my hon. Friend rightly says, the impact of assessments that cannot be done right first time. Why is that? Why have the Government not been able to get assessments right first time?

[Andrew Stephenson (Pendle) (Con)]

Will the hon. Lady give way?

[Debbie Abrahams]

If the hon. Gentleman will give me just two minutes, I will make a little bit more progress and come back to him.

Someone who experiences psychological distress because of a mental health condition can score a maximum of 10 points under “planning and following a journey”, unless they also have a cognitive, sensory or physical impairment. That falls short of the 12 points needed to qualify for the higher rate of the mobility component. In the 2016 case of MH v. the Secretary of State for Work and Pensions, the upper tribunal ruled that psychological distress by itself cannot satisfy descriptors under activity two unless the psychological distress causes a change in someone’s physical condition. It is therefore the regulations, not the tribunal rulings, that undermine the intention of the primary legislation by restricting the number of people whose mobility is severely limited by their mental health condition who are able to qualify for the enhanced mobility rate of PIP.

[Andrew Stephenson]

I thank the hon. Lady for giving way. It is very important that we get the regulations right, but does the shadow Minister accept that more people with mental health conditions qualify for support under PIP than under the old disability living allowance regulations?

[Debbie Abrahams]

No, I certainly do not agree with that at all. I will come on to this in a moment, but the mental health charity Mind has produced data, based on the Government’s own statistics, that show that 55% of DLA claimants with a mental health condition will receive either nothing or a reduced amount when they transfer to PIP. I am afraid this is another fallacy from the Government.

[Mr Jayawardena]

The hon. Lady might have suggested that Government Members are being hoodwinked, but I am sure that she was not suggesting that the Minister plays with anything other than a straight bat. The fact is that over a quarter of those on PIP receive the highest level of support, which is much more than the 15% of DLA working-age claimants who did so. Are the regulations not doing exactly what was originally intended: targeting resources at those who need them most?

[Debbie Abrahams]

I am sorry, but I do not see the hon. Gentleman’s logic. [Interruption.] Well, it does not make sense. I will come on to that in a bit more detail, because we must dispel the fallacies that the Government have come out with in the past few weeks.

--- Later in debate ---

[Mr Jones]

I advise my hon. Friend not to put much credence in planted Whips’ questions from Tory Back Benchers. Another element of concern relates to people whose mental health condition worsens when they have a failed assessment. In some cases, they end up going into hospital, which is another cost for the NHS.

[Debbie Abrahams]

I could not agree more with my hon. Friend. That is such a relevant point, which, again, has not been factored into the Government’s silo approach.

The third justification the Government have used for bringing in the new regulations is that PIP is much more generous to people with mental health conditions—we have just been talking about that. The mental health charity Mind completely refutes that. Its data, based on Department for Work and Pensions statistics, reveal that 55% of people with mental health conditions previously supported by DLA get either reduced or no awards when they transfer to PIP. Indeed, the Government’s own data, when appropriately weighted, show that only 12% of people with a mental health disorder and another condition are on the enhanced mobility award.

These new regulations are nothing more than a shameful cut. Once again, this Government are trying to balance the books on the backs of the sick and disabled. The Government’s own analysis estimates that the new regulations will affect more than 160,000 people by 2023, the majority of whom will have mental health conditions. Many of these will be newer applicants, but the regulations will also affect those who are being reassessed, who will not be eligible for the full support to which they would have been entitled under the rulings of tribunals—an effective cut of £3.7 billion.

PIP helps disabled people to fund their living costs and, in particular, the additional costs that they face because of their condition. The disability charity Scope has estimated that these additional costs amount to approximately £550 a month, and are the key reason why disabled people are twice as likely to live in poverty as non-disabled people. For someone who might not be able to leave their home on their own, PIP would help with extra heating costs, or might pay for someone to assist them when they have to travel to medical appointments, for example. PIP is a vital source of income to prevent real hardship, yet to the shame of this Government, people are being denied this support.

[Rachael Maskell (York Central) (Lab/Co-op)]

Will my hon. Friend give way?

[Debbie Abrahams]

Yes, but for the last time.

[Rachael Maskell]

Does my hon. Friend agree that the ability to receive PIP funding can often be part of someone’s rehabilitation, helping them from their homes back into the workplace?

--- Later in debate ---

[Debbie Abrahams]

Absolutely, and I know that my hon. Friend has first-hand experience of that in a professional capacity.

I have been contacted by so many people telling me their stories of living with a severe mental health problem and how it affects them, including men and women from the armed and emergency services, so I would like to share Bob’s story. Bob started off in the police service in Liverpool, and then went into the Prison Service. After 20 years or so, he said he started to experience the need to escape from the cells and inmates by locking himself in the rest room for a few minutes. Over the years, this graduated to cluster headaches and then full-blown anxiety and panic attacks.

After a period of sick leave, Bob left the service, but the attacks continued and he eventually sought psychiatric treatment; he was then declared disabled by virtue of his debilitating anxiety attacks. The degree of disability fluctuated, but it was so severe at times that he would literally run from a shopping centre into his car, just to feel safe. Bob said that he wanted to work, but when he went for a job interview, he had an attack in the car, and by the time he got home, he could barely function at all: he was hyperventilating and completely unable to move. It is people such as Bob who will be denied support through these new regulations.

These changes to PIP have come on top of significant cuts to our social security system, with support for disabled people being particularly targeted. Scope has estimated that the Welfare Reform Act 2012 alone will have meant nearly £30 billion in cuts to support for 3.7 million disabled people. Next week, as we have heard, another £30 a week will be cut from disabled people who are found not fit for work in the employment and support allowance work-related activity group, and for those on universal credit’s limited capability for work component.

The disabled community are tired of this Government’s rhetoric; they want and need to be treated with dignity, not plunged further into poverty, yet plenty of new evidence shows that that is exactly what has happened since 2010. Will the Minister publish a cumulative impact assessment of all tax and social security changes, showing the impacts that they have had, and will continue to have, on disabled people?

For some time now, there has been growing concern about the way in which PIP is working. Wider systemic issues with PIP mean that 65% of those who appeal to a tribunal succeed. Over a quarter of all PIP assessments are challenged and referred for mandatory reconsideration, with the majority of the decisions being changed. Why can we not get these assessments right first time? More than 750 people a week are losing their Motability cars because of changes to entitlement when they move on to PIP. This is so counterproductive, because it makes it nigh-on impossible for so many disabled people to work, let alone live independently.

We should never forget that nine out of 10 disabilities are acquired; this could happen to any one of us. That is what our social security system is for—to provide support to any one of us in our time of need. Labour will stand with disabled people, who have already borne the brunt of seven years of austerity, in fighting this injustice. I do not believe that, given the choice, the British public would chose cuts in corporation tax over preventing disabled people from being pushed into destitution or worse.

It is exactly a week since the horrendous attack in Westminster, when four people, including our colleague PC Keith Palmer, were murdered, and 50 were injured. The following day, the Prime Minister rightly said that she was looking

“at what further support can be made available for victims in a wider sense, because there will be people who were not physically injured in the attack…but…for whom there may be other scars. It is important to provide that support.”—[Official Report, 23 March 2017; Vol. 623, c. 942.]

However, because of the new regulations, support for people suffering psychological distress is being restricted. Warm words need to be backed up by action. Let there be no more cuts in support for disabled people. Enough is enough.

[Several hon. Members rose—]