Universal Credit and Personal Independence Payment Bill

Graeme Downie Excerpts

Committee of the whole House & 3rd reading
Wednesday 9th July 2025 Commons Chamber

[Ann Davies]

I am just coming to the end of my remarks, if the hon. Member does not mind. I am keeping to my four-minute time limit.

The Bill should be scrapped. It is neither fair nor compassionate welfare reform. It is not fit for our constituents.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

I will speak to amendment 17, which I tabled with the support of 62 Members from across the House. It would ensure that if a person has a fluctuating condition such as Parkinson’s or multiple sclerosis, that is a factor in considering whether they meet the severe conditions claimant criteria.

I have been working with Parkinson’s UK, and as the new chair of the all-party parliamentary group on Parkinson’s, I have heard concerns from those living with the condition, and their carers and families, about the problems they already face in accessing support through the welfare system, because of fundamental misunderstandings about the fluctuating nature of the condition. Those concerns have been exacerbated by the Bill, particularly paragraph 6 of schedule 1, which states that in order to meet the severe conditions claimant criteria,

“at least one of the descriptors…constantly applies.”

Someone with Parkinson’s, MS, ME or other similar conditions may be able to carry out one of the activities in the descriptors such as walking for 50 metres or pressing a button in the morning, but then not be able to do so by the afternoon. Under my initial reading of the Bill, that means that someone with Parkinson’s could never be a severe conditions criteria claimant because they would not meet the descriptor “constantly”.

I thank the Minister and his team for their extensive engagement with me on this matter, but the language used in the Bill has caused concern and fear for those with Parkinson’s. As the Minister has helpfully said, and as he explained to me prior to the debate, much of the explanation that I have received centres around existing guidance that a person must be able to undertake the activity in the descriptor “repeatedly, reliably and safely”. If they cannot, the criteria will count as applying constantly and they will be considered a severe conditions criteria claimant.

[Sir Stephen Timms]

I thank my hon. Friend very much for all the work he has done on this, and for helpfully highlighting that concern. It might help if I read briefly to him what the current training material for people applying the severe conditions criteria says about what level of function will always meet limited capability for work and work related activity:

“Although this criterion refers to a level of function that would always meet LCWRA, this does not in any way exclude people diagnosed with a condition subject to fluctuation or variability.

The key issue is that the person’s condition is not subject to such variability that their function would ever be significantly improved from the LCWRA descriptor identified”.

I hope that that, together with my earlier intervention, will give some reassurance to my hon. Friend.

--- Later in debate ---

[Graeme Downie]

I very much thank the Minister for his intervention, which I think will provide extensive reassurance to those with Parkinson’s and other conditions. I will keep a watching brief on this measure as it progresses, and I am aware that Parkinson’s UK has today received its own legal advice, which indicates that the application of the measure might not be quite as clear as the Minister intends.

My other concern is about the perhaps undue burden that the measure places on the guidance, as well as the perhaps unfair position in which it puts an assessor, which could lead to an inconsistent application of the guidance.

[Adam Jogee (Newcastle-under-Lyme) (Lab)]

My hon. Friend will know, as do many Members, that my father-in-law died from Parkinson’s two and a half weeks ago, so this is a personal issue for both me and my family, and for many constituents who have written to me in recent weeks regarding their concerns about the lack of clarity. I add my support to my hon. Friend’s calls for clarity. Although I am grateful for the Minister’s intervention, we must ensure that we get this right, and get it right soon.

[Graeme Downie]

I know that the thoughts of Members across the House are with my hon. Friend and his family. I know what a challenging time it has been, and the fact that he has been able to carry on his duties extensively, representing his constituents, is to his credit and something that his family will be incredibly proud of.

As I said, the Minister has been generous with his time, and I do not believe for a moment that his intention is to restrict access to the severe conditions criteria for those with Parkinson’s. Those words from the Dispatch Box are incredibly helpful, but I ask him to ensure that he keeps a close eye on the situation.

[Robin Swann]

As the hon. Member knows, I signed his amendment, but may I caution him before he accepts the Minister’s very kind guidance? Will he clarify that it is guidance? This is training documentation and it is subject to change. It is not contained anywhere in the Bill or the amendments, so what the Minister read to the Committee was simply training guidance.

[Graeme Downie]

Again, I understand from my helpful conversations with the Minister that this is taking existing guidance and applying it to law, but I understand the hon. Member’s concern.

My final point is to ask the Minister to keep this issue under active review. If any new evidence comes to light to show that the primary legislation is acting as a barrier to the Government’s position being reflected in reality, I hope he will consider opportunities to correct that in due course. We all hope that the Government’s clear intention that people with Parkinson’s and other conditions are in no way—

[Patricia Ferguson]

rose—

[Graeme Downie]

I am happy to take one final intervention.

[Patricia Ferguson]

I am grateful to my hon. Friend for taking a further intervention. As a signatory to his amendment, I wonder whether his discussions with the Minister have included someone with a condition such as relapsing-remitting MS who can spend long periods appearing to be perfectly healthy, but then have other periods when a crisis occurs and they are debilitated by their condition. Will the provisions that the Minister describes be sympathetic to those sorts of situations?

[Graeme Downie]

As my hon. Friend will know, my amendment specifically mentions MS, and she and I have had shared friends who have suffered with that condition. We must ensure that there is a clear understanding of the reality of such conditions on the ground, so that when these provisions are delivered in reality by assessors, people are able to access the additional support that they need.

Welfare reform is undoubtedly needed after the mess of a system that we were left by the previous Government, but wherever possible we must ensure that the wording of the Bill is as clear as possible. We must ensure that those affected are in no doubt about what our intent is, so that that is indisputable and we truly give effect to the intentions behind the Bill. I again thank the Minister for his incredibly helpful intervention, but we will ensure that the reality reflects the Government’s excellent intentions.

[John Milne (Horsham) (LD)]

I rise to speak in support of amendment 36. Over the past weeks, I have met numerous disability organisations, from Parkinson’s UK to Action for ME, and heard directly from those living with complex fluctuating conditions. I have also seen the impact at first hand as an employer of people with long-term invisible disabilities. What I have heard, seen and lived is simple: the current proposals risk unacceptable consequences for those who are already among the most vulnerable. The Government’s redefinition of “severe conditions” hinges on the word “constantly”—a single word that is of dubious clinical value. I appreciate the clarification given to other Members, but it is very late in the day to be getting such important information.

Conditions such as ME/chronic fatigue syndrome, MS, epilepsy and bipolar disorder do not operate on a schedule. They are unpredictable and they fluctuate, yet the Bill would exclude many individuals who have them from vital support, simply because their symptoms do not comply with a Government definition. Amendment 36 would ensure that our assessment system respects the United Kingdom’s obligations under the UN convention on the rights of persons with disabilities. This affirms the principle of non-retrogression so that we do not roll back hard-won rights. It insists that we take invisible and episodic conditions seriously, and it protects people from falling through the cracks.

The Bill has had an extraordinary passage through Parliament, and at this point the most obvious course of action would be simply to pull it altogether and start again. I realise the political difficulties that that may involve, but vulnerable people’s lives are at stake. When the Government come to look again at some of the deleted clauses via the Timms review, it is essential to approach the issue from a “needs first” angle, not a “how much can I save?” angle, because so many Government cuts in the past have ended up costing more than they have saved.

I accept that the Government do not have infinite funds, but the PIP proposal represented an arbitrary change in eligibility—the four-point rule—with the crude objective of making a predetermined saving. It has all been the wrong way around: we should wait to understand needs first, and only then consider to what extent the Government can afford to meet them.

Welfare Reform

Graeme Downie Excerpts

Monday 30th June 2025 Commons Chamber

[Liz Kendall]

As I said in my statement, existing PIP claimants will continue to have that benefit. It will not be affected even if they have a reassessment, and neither will all the passported benefits. Carer’s allowance is the best known, but all passported benefits will be included in that protection.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

This morning I met Parkinson’s UK, which is very concerned about the changes to both PIP and universal credit, and in particular that they will not take account of those with variable conditions. Will the Secretary of State make a commitment that Parkinson’s UK will be involved in the co-design of the changes to PIP, universal credit and other welfare benefits, and that any welfare change will fully consider those with Parkinson’s and other variable conditions?

[Liz Kendall]

I am absolutely sure that Parkinson’s UK will be involved closely in the PIP review.

Work and Pensions

Graeme Downie Excerpts

Thursday 26th June 2025 Written Corrections

The following extract is from Work and Pensions questions on 23 June 2025.

[Graeme Downie]

My constituent, Nicola Smith, works for NHS Fife. Like many people across the country, she is not paid on the same date each month. This leads to incorrect calculations for her husband Steven’s universal credit, often leaving the family without a payment or being sanctioned before the system catches up the following month, and I am aware of thousands of others in a similar position. What reassurance can the Minister provide that he is addressing these issues, ensuring smooth and fair payment for NHS workers and their families on universal credit, and will he meet me to discuss this issue in more detail?

Oral Answers to Questions

Graeme Downie Excerpts

Monday 23rd June 2025 Commons Chamber

[Madam Deputy Speaker]

I remind Members that topical questions and answers should be brief.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

T2. My constituent, Nicola Smith, works for NHS Fife. Like many people across the country, she is not paid on the same date each month. This leads to incorrect calculations for her husband Steven’s universal credit, often leaving the family without a payment or being sanctioned before the system catches up the following month, and I am aware of thousands of others in a similar position. What reassurance can the Minister provide that he is addressing these issues, ensuring smooth and fair payment for NHS workers and their families on universal credit, and will he meet me to discuss this issue in more detail?

[The Minister for Social Security and Disability (Sir Stephen Timms)]

We are reviewing universal credit to ensure that it makes work pay and tackles poverty, and we are looking at exactly the kind of problem that my hon. Friend highlights. I would be delighted to meet him to discuss it, because Nicola, Steven and all 7,000 households claiming universal credit in his constituency will benefit from the standard allowance increase proposed in the Universal Credit and Personal Independence Payment Bill, which we will be debating next week; it is the biggest increase in the headline rate of benefits since at least 1980.

Oral Answers to Questions

Graeme Downie Excerpts

Monday 3rd February 2025 Commons Chamber

[Andrew Western]

I am very sorry to hear of those specific examples. I will take away the point about telephone communication and come back to the hon. Gentleman, but it may be worth our having a broader conversation about his concerns. I will happily meet him to discuss any of the specifics of the cases he cited.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

In response to a number inquiries that I have had from constituents over the last couple of months, will the Minister say whether reforms to the Child Maintenance Service will include consideration of the paying parent’s capital assets and voluntary pension payments when calculating the rate at which unpaid payments should be made?

[Andrew Western]

My hon. Friend raises an important point. He will be aware of the recent consultation on the future administration and operation of the Child Maintenance Service. I do not want to prejudge the decisions that will follow as a result of that consultation, but I can tell him that we are considering the next steps at present, and I will update him and the House in due course.

Food Banks

Graeme Downie Excerpts

Tuesday 19th November 2024 Westminster Hall

[Graeme Downie (Dunfermline and Dollar) (Lab)]

That is pressure, Ms Vaz; It is a pleasure to serve under your chairmanship. I congratulate the hon. Member for Aberdeenshire North and Moray East (Seamus Logan) on securing this debate.

Every Member wants to reduce the number of people relying on food banks and to tackle poverty effectively. I am surprised that the hon. Member for Aberdeenshire North and Moray East chose to reference so many devolved policy areas—he made clear in his point of order in the Chamber yesterday that he does not believe that such behaviour belongs in Parliament.

I shall begin by thanking the 200 volunteers who operate the Dunfermline food bank in my constituency. It has one site in Dunfermline itself and four satellite sites around the area. It is led by the fantastic Sandra, whom I was delighted to meet over the summer. I spoke to Sandra again this week and asked her for an update. She said that, in the year from April ’23 to March ’24, the Dunfermline food bank fed just under 9,000 people, approximately one third of whom were children.

The Government have already delivered a genuine living wage in Scotland, meaning a pay rise for more than 200,000 of the lowest-paid Scots and £3.4 billion of extra funding for Scotland. The question now for the SNP is: how will they spend that? There are no hiding places. Will they carry on as they have to date, scrapping the fuel insecurity fund from £30 million to zero, cutting and scrapping the parental transition fund, and driving more people towards food banks?

I genuinely hope that the SNP take action in their budget in December to tackle poverty, and I truly hope that they are successful, but the warning signs are not positive. Groups such as the Poverty and Inequality Commission and the Joseph Rowntree Foundation have said that we are running out of ways to stress the need for rapid action from the Scottish Government.

Food banks and the Trussell Trust have told us that the cap on universal credit deductions is one of the main things pushing people towards food bank use. That is why I am delighted that the Budget last month reduced the cap from 25% to 15%. Is this the limit of what the Government and I want to achieve? Absolutely not, but the Budget set a clear direction and showed the priorities of the Labour Government. I will return to Sandra, who said to me:

“I am the only person who wants to see my job eliminated. I want to be out of a job, because it would mean we have successfully ended the need for food banks in this country.”

Oral Answers to Questions

Graeme Downie Excerpts

Monday 11th November 2024 Commons Chamber

[Sir Stephen Timms]

I am grateful to the hon. Gentleman for drawing my attention to that. What he has described sounds very odd indeed, and I will be happy to look at the details if he will let me see them. We are absolutely committed to making sure that universal credit does the job that we need it to, including for people in the situation that his constituent has found herself in.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

Last week, I was made aware of a constituent who is a carer for his wife, who experienced a stroke in 2016. The constituent is a veteran who lives with chronic obstructive pulmonary disease and was awarded carer’s allowance in 2017. Late last year, the DWP began demanding the return of more than £51,000 in alleged universal credit overpayments, and this April, under the previous Government, the DWP began taking it from his state pension without warning. Will the Minister meet me to discuss this case in more detail so that I can help my constituent?

[Sir Stephen Timms]

As my hon. Friend will know, there have been some very troubling cases of carer’s allowance overpayment. I am not sure whether carer’s allowance is part of the overpayment he describes, but I will be very happy to meet him to discuss what has gone wrong in this case.