Welfare Reform and Work Act

Deidre Brock Excerpts

Wednesday 21st March 2018 Westminster Hall

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I beg to move,

That this House has considered the effect of the Welfare Reform and Work Act 2016.

It is an honour to serve under your chairmanship, Mr Gapes. This debate marks two years since the passage of the Welfare Reform and Work Act, which received Royal Assent on 16 March 2016. It brought in several key changes: the four-year benefit freeze, a further reduction in the benefit cap, a cut to the family element of tax credits and the introduction of the two-child limit, and removal of the work-related activity group component from employment and support allowance. It also saw changes in the work allowance within universal credit, leading to a 63% taper, and further housing benefit cuts. Those cuts had hit people in the private rented sector previously, but were now brought in to hit the social rented sector.

The problem is that we cannot look at the 2016 Act in isolation, because it comes on top of the cuts in the Welfare Reform Act 2012 and, in fact, Budget changes going right back to 2010. We have seen eight years of relentless attacks on the most vulnerable in our society. Two groups particularly hit were the disabled and children. In 2008 incapacity benefit was changed to employment and support allowance; and, as the National Audit Office has highlighted today, 70,000 people were underpaid because their right to income-related employment and support allowance was not recognised. The Government are undertaking to pay back all that money by next year, but people have spent nine years without money that they were owed. Interestingly, the Government will pay back only to October 2014 and not any earlier arrears. That is a bit funny, because when we have to pay the Government, somehow there is never a statute of limitations.

In 2013 there was the move from disability living allowance to personal independent payments. Those are meant to cover the additional costs relating specifically to disability; they are not meant to be work related. They are also meant to allow someone with a disability to study or work and achieve the best that they can.

Both employment and support allowance and personal independence payment require a fair assessment of someone’s disability, or indeed ability. Instead, people got work capability assessments. Those are really the key problem for people who are disabled. The process was outsourced initially to Atos and is now outsourced also to Capita. The Government aspire to depend predominantly on face-to-face assessments. A key issue is the gradual reduction in sourcing other evidence, despite the claimant assuming that the Department for Work and Pensions will source other evidence regarding their underlying condition.

I can accept that we would want to look at someone’s capability and not pigeonhole them, but knowing what underlying condition they have can tell us whether that is something that will change, improve or never improve. There have been repeated assessments of people with chronic conditions and deteriorating conditions, congenital abnormalities and permanent injuries, such as amputations or spinal injuries. People with terminal diseases have been recalled for repeated assessments.

There is a particular problem regarding the assessment of people with mental illness or learning disability. I am sure that every MP will have had cases in which there has been poor recognition of how a mental illness affects someone’s abilities. I had to raise in this place the case of a constituent who had complex post-traumatic stress disorder after serving in the Gulf war—to the point where he struggled ever to leave the house. He was on DLA at the highest rate. He was moved over to PIP at the highest rate and then called for reassessment, at which point he was moved to the lower rate. He appealed, which of course many people do because of the high rate of change of assessment when people appeal. That shows how poor the original assessments were.

However, following my constituent’s appeal, all his points were taken away, and what my caseworker heard back when inquiring was, “PIP is really for people who can’t carry out the basic tasks of daily life. People with mental illness can of course wash themselves, cook, clean and shop.” Well, that is said by someone who has never seen profound depression, which looks like the batteries have simply been taken out of someone. That issue appears again and again in all our casework inboxes. The other conditions we are talking about are those that wax and wane. Someone may attend for assessment on a good day and they are often bullied into saying what they can achieve on their best day. That is not a realistic assessment of what their life is like.

As Scotland takes over some of the benefits, we are aiming to treat people with greater dignity. We will ensure that we have sourced the medical information and try to ensure that the assessor is equipped with the clinical skills to assess the person they are viewing, because that process has become really traumatic for people who are suffering from disability.

Under PIP, more than half of people have lost some or all of their benefits, particularly the mobility element. Many of us have been involved in trying to hold on to mobility cars for some of our constituents. We have seen the distance that people need to be able to walk reduced to 20 metres. Frankly, that is the distance from the car park into the supermarket; it is not a distance that would allow someone to walk to their nearest bus stop, or to walk from the bus stop at the other end to wherever they are trying to go. Then people’s unpaid carers lose carer’s allowance. That means that the impact on a disabled family can be huge.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Is my hon. Friend aware of a recent report commissioned by the Equality and Human Rights Commission called “The cumulative impact of tax and welfare reforms”? It showed that, overall, the changes to taxes, benefits, tax credits and universal credit meant that households with at least one disabled adult and one disabled child would lose more than £6,500 a year, which is more than 13% of their annual income.