Disability Benefits

Debate between Debbie Abrahams and Tanmanjeet Singh Dhesi

Tuesday 26th March 2024 Westminster Hall

[Mr Dhesi]

I thank my hon. Friend for making the case for Elinor in her constituency. Indeed, my hon. Friend is a strong champion of her constituents, and no doubt she and other hon. Members in this place will have helped constituents to regain thousands of pounds in support that they are due. I agree that the assessment process is something that needs to be looked at, and I hope the Minister will give us some good news at the end of this debate.

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

I, too, congratulate my hon. Friend on securing this debate. We have unfortunately had some tragic cases in recent years, including people who have gone through the transition from the disability living allowance to the personal independence payment. One person in particular sticks in my mind: Philippa Day, who took her own life because of the appalling transition process and all the mistakes that were made. We need to ensure that we have policies and systems in place, for health assessments and elsewhere, that protect vulnerable people and do not make things worse. I am sure he agrees.

[Mr Dhesi]

My hon. Friend speaks with a great deal of experience, having served previously as a shadow Secretary of State. The word to use is indeed tragedy. There have been countless tragedies. That is why the likes of me have been calling on the Government to deal with issues with compassion and empathy. These are real people that we are talking about and often, unfortunately, they have lost their lives or been put in a state of such despair that they do not know how to get out of their predicament.

My Slough constituent, Monika, told me about her struggles being assessed for PIP. Monika was informed that she was required to have a health assessment to extend her PIP. After appealing against 27 pages of discrepancies and outright untruths in the report from her previous assessment, she was predictably very worried about how she would get through the process again. Her assessment ended up being delayed for a month and taking place when she was suffering particularly ill health. Monika was again left in the lurch by the DWP and faces another appeal, which she is dreading.

Unfortunately stories like Monika’s are, as my hon. Friends have already eloquently explained, not news to any of us. We all have constituents who are failed by the system and by the DWP. Labour has a plan to replace the Government’s current flawed system of work capability assessments with a system that can support people to live with security.

Many benefit claimants are aspirational, but fearful that if they go back into work and find themselves unable to cope, they will be left high and dry—assessed as being able to work, but finding themselves unable to work full-time. Labour’s plan was born out of a desire to deliver for disabled people, helping those who can work back into work.

Too many disabled people say the current system does not work for them. Labour has pledged to introduce the “into work guarantee”, which I hope the shadow Minister will explain at length. That will allow claimants to agree with their benefits adviser that, if they try paid work and it does not work out, within a period of a year, they can go back to the exact benefits that they were on without fresh health assessments. With 288,000 PIP claims outstanding in October 2023, does the Minister agree that Labour’s plan will help to reduce the number of disabled people who want to work, but do not want to risk having their benefits reassessed?

This January, the latest statistics from the House of Commons Library found that the most common main disabling conditions among claimants of PIP were psychiatric disorders. Nationwide, 37.7% of PIP claims were due to those. With mental health waiting lists ballooning under the Conservatives, it is unfortunately not a surprising statistic. When the Government leave suffering people for far too long—people often see their condition worsen before being able to access treatment—it is no wonder that the number is so unacceptably high. I believe that begs a question: will the Minister admit that her party’s policies on mental health over the past 14 years have significantly contributed to the PIP backlog?

The latest numbers from Macmillan Cancer Support show that claimants are still waiting 15 weeks on average for their PIP claim to be processed. Unacceptably, that is higher than it was at the same time last year. Four in five people living with cancer are facing an increased financial impact from their diagnosis, even before the pandemic and the cost of living crisis. It is unacceptable that the Government have failed to fix those issues, which affect our constituents at some of the most difficult periods in their lives. The Government announced extra funding for processing disability claims in the Budget, but can the Minister clarify how exactly that will be used to reduce delays?

Among PIP claimants in my Slough constituency, 16.3% of claims are due to musculoskeletal disorders. MS Society research found that the current disability assessment system is not fit for purpose for those living with multiple sclerosis, a condition that significantly varies in its impact from day to day. A staggering three in five people with MS have reported being unable to explain adequately the effects of their condition on the standard application form. That figure highlights a systemic failure to capture the true extent of disabilities that are not constant, but fluctuate, and underscores the Government’s failure to create a nuanced system that understands the lived realities of those with MS and other conditions.

Furthermore, based on its findings, the MS Society urges the Government to consider the elimination of the 20-metre rule used in mobility assessments, and to seek a more flexible approach that accurately reflects the variable nature of MS. Current criteria fail to accommodate the day-to-day changes in symptoms that people with MS experience. On one day, walking 20 metres is achievable; on others, it is downright impossible. That clearly leads to assessments that do not reflect disabled people’s actual needs.

Incorporating those changes into our approach to disability benefits would not only make the system fairer, but ensure that individuals with MS and similar fluctuating conditions receive the support that they truly need. I am proud that Labour is committed to delivering a system that works for disabled people, ensuring that every person with a disability receives the respect, support and dignity that they deserve.

In conclusion, I thank the constituents who have asked me to share their stories. I am also grateful to various voluntary organisations that make such an enormous impact to help those in dire need. As we conclude this debate on personal independence payments and other disability benefits, let us remember the essence of what we are discussing: the lives and wellbeing of some of the most vulnerable members of our society.

The accounts we have heard serve as a stark reminder of the critical work that lies ahead. It is evident that our current system, in its rigidity and lack of understanding, falls short of providing the necessary support to those living with conditions such as MS. The call to reform, to dismantle barriers such as the 20-metre rule and to embrace a more nuanced approach to disability assessment is more than just policy revision; it is a moral imperative.

We stand at a crossroads where the choices we make can significantly enhance the lives of thousands. By advocating for a system that truly understands the variable and complex nature of disabilities, we advocate for a society that places dignity, empathy and support at its heart. This is not just about adjusting guidelines or streamlining processes; it is about ensuring that every individual feels seen, heard and valued. Our commitment to reforming PIP and other disability benefits is a testament to our dedication to justice and equity for all citizens, regardless of their physical or mental health challenges.

Let us leave this room with a renewed dedication to serving those within our constituencies and beyond, ready to enact the changes necessary for a fairer, more compassionate benefits system. Together we have the power to transform lives. Let that be our guiding principle in the days ahead.

Oral Answers to Questions

Debate between Debbie Abrahams and Tanmanjeet Singh Dhesi

Thursday 18th January 2024 Commons Chamber

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

2. Whether he has made an assessment of the adequacy of public procurement processes under covid-19 emergency regulations.

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

9. Whether he has made an assessment of the adequacy of public procurement processes under covid-19 emergency regulations.

Mental Capacity (Amendment) Bill [Lords]

Debate between Debbie Abrahams and Tanmanjeet Singh Dhesi

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 12th February 2019 Commons Chamber

[Mr Dhesi]

I thank the hon. Lady for her intervention, but in terms of human rights, this issue is being raised not just by me, but by more than 100 pre-eminent organisations in the field. The only way to solve that is through funding—that is the only way in which we can lay this matter to rest. The hon. Lady highlighted the 2017 Law Commission review of the deprivation of liberty safeguards, which stated that the current regime is

“in crisis and needs to be overhauled.”

I agree. There is a crisis and the current system cannot cope, but surely the answer is not to replace bad laws with yet more bad laws, and that is what we are in danger of doing.

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

I will be brief. My hon. Friend the Member for Rhondda (Chris Bryant) has tabled an excellent amendment, which I support. We know that the system is broken. What we are doing is replacing it with an even worse system. Just to acknowledge how broken the system is, the Alzheimer’s Society’s national dementia helpline receives over 100 calls a month about the Mental Capacity Act, which is clearly confusing and complicated for people with dementia, as well as for their families and carers. However, as we have heard, so many different disability organisations and a whole range of charities, as well as the Law Commission, are saying that this Bill is not fit for purpose.

I particularly support the amendments tabled by my hon. Friend the Member for Rhondda. The Greater Manchester Neuro Alliance, which I have supported for several years now, has several concerns, particularly about a person who presents inconsistently and has a cognitive impairment, mental health problems or is simply vulnerable and does not accept or appreciate their illnesses and the limitations. One member of the alliance from Oldham told me:

“My son has been deemed as having capacity because he can answer questions yes or no but he can’t be left alone or allowed to go out unsupported, he doesn’t take his medication and doesn’t have the ability to plan or manage anything including lifesaving treatment every three weeks”.

Such examples are not addressed in the Bill.

I will move swiftly on, Madam Deputy Speaker. I share the concern that my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) has expressed so clearly about care home managers and the conflict of interest in the Bill. It is a minefield and needs to be addressed. She made that point clearly.

Amendment 48, tabled by my hon. Friend the Member for Stockton North (Alex Cunningham), would rightly prevent cared-for people from being charged for the assessments required by the system, potentially providing a financial incentive to do the mental capacity assessments. Without the amendment, we cannot be sure that people will not be charged more for their care solely because they require liberty protection safeguards to be granted. If the Minister does not accept the amendment, I would like to know why. On advocacy, we need to ensure that the “best interests” test is changed to place more weight on a person’s wishes.

There are several other issues with the Bill. It has not had a sufficient airing. It has not been consulted on greatly, but I will hand over to my hon. Friend the Member for Stockton North.