Supporting Disabled People to Work

Jim Shannon Excerpts

Thursday 28th March 2019 Commons Chamber

[Justin Tomlinson]

As I said in my earlier answers, I am happy to attend and support debates and meetings. I am also proud to have served as the Minister for disabled people a few years back, and my passion has not diminished one bit. We all collectively owe it to those people who need that extra bit of support to do everything we can, and I am proud to do that.

[Jim Shannon (Strangford) (DUP)]

First, I thank the Minister for his honest endeavours on behalf of disabled people. They are much appreciated. Can he outline whether there are any grants for small and medium-sized enterprises to make accessibility issues easier? If not, would he consider such a scheme?

[Justin Tomlinson]

I thank the hon. Gentleman for his question. He has been a passionate advocate over the years in a number of the debates that I have responded to in this area. He is a real credit to his constituency. The Access to Work programme and the personalised support package can help to unlock opportunities within small employers. That is a really important area of work, and I am glad that he has taken the time to highlight it.

Personal Independence Payments: Merseyside

Jim Shannon Excerpts

Tuesday 26th March 2019 Westminster Hall

[Maria Eagle (Garston and Halewood) (Lab)]

I beg to move,

That this House has considered the administration of personal independence payments on Merseyside.

It is a pleasure to serve under your chairmanship, Sir Edward. I welcome the Minister, who has been, though is not at present, the Minister for Disabled People. As a former Minister for Disabled People myself—I served for an entire Parliament, in fact—I am grateful for this opportunity to highlight a worrying deterioration that I have noticed in the administration of disability benefits in my constituency.

Personal independence payment is meant to help people with the extra costs of disability, and is payable regardless of income. None the less, many sick and disabled people who apply for it and receive it are often unable to work, tend to be poor and find it difficult to make ends meet. Many have chronic fluctuating conditions, and are very ill or very disabled. PIP is therefore usually, in my experience, an essential component of enabling people in such situations to live a decent and dignified life. It is a crucial benefit, which is all the more reason to get it swiftly and correctly to those who are entitled to it.

According to the House of Commons Library, since 2010 some £4.8 billion has been cut from disability benefit. Indeed, the introduction of PIP and the replacement of disability living allowance, its predecessor benefit, was intended from the start to cut entitlement to make it less generous, and to create monetary savings in the escalating cost of DLA. The expected savings of £3 billion a year have not materialised, but the Tory Minister in the Lib Dem-Tory coalition who introduced the benefit in 2013 said that PIP would be

“easier to understand and administer, financially sustainable and more objective.”—[Official Report, 13 December 2012; Vol. 555, c. 463.]

“Financially sustainable” means, in this context, cheaper in terms of the overall spend. That means cutting entitlement and awards when we get down to the circumstances of individuals.

Since PIP’s inception, administrative problems have been to the fore. In its first seven months, only 16% of the targets for resolving claims were met. The National Audit Office was critical, suggesting that the Department for Work and Pensions should

“set out a clear plan for informing claimants about the likely delays they will experience”.

I wish it had, because my constituents are increasingly experiencing delays, and I do not see any plan to stop them. Ever since PIP was introduced, constituents have complained to me about the way in which they have been treated when being assessed, the delays in the process of administering it, and subsequent reconsiderations and appeals. Whatever the outcome of the original assessment, it is hard to find people who are satisfied with the administration of the benefit.

Recently I have noticed that things are worsening. For the previous two years, until last December, I had a stable, steady number of cases coming through, spread over the months. I have been able to help with some cases and not others, but the flow has been pretty steady. However, during the first three months of this year my office has faced a threefold increase in complaints about PIP, and some of the circumstances my constituents relate to me are simply horrendous.

There are a set of different problems. For example, I hear about inappropriate questions at assessment, so that when people are disqualified from the benefit they consider the process completely unfair. Asking somebody who is debilitated by mental illness whether they can pick something up off the floor just does not seem relevant to that individual. In my experience, home assessments are rarely allowed, and when people cannot attend, usually for genuine reasons, they are simply disallowed the benefit.

I have one constituent who has been trying since December 2017 to be assessed. He has been refused, despite many debilitating conditions, including severe schizophrenia, bipolar disorder and chronic obstructive pulmonary disease. There are physical and mental reasons why he cannot attend an assessment centre, but PIP administrators simply will not attend him at home. He has been unable to get to the 11 face-to-face interview assessments he has been set. Consequently, his last DLA payment, which was received in the middle of last year, has long since expired.

My constituent has lost employment and support allowance as a consequence. He has now lost almost £5,000 of income, and is financially reliant on his extremely elderly and disabled mother for the basics—all because he cannot get to an assessment. Why on earth can they not assess him at home? It is ridiculous that he has been asked to attend 11 times when he clearly has problems doing so. Why can we not have some common sense?

In addition, there are poor assessments and a poor attitude from assessors. My constituents report that they are often simply not believed. Some feel sneered at, and some are right to feel that way, from the accounts that I have heard. Inaccuracies in medical assessments mean that sometimes the reports that are produced end up bearing no resemblance whatever to what has been said at the face-to-face interview, and my constituents tell me that they feel as if a completely different case and person has been reported on.

[Jim Shannon (Strangford) (DUP)]

May I reflect on the hon. Lady’s opinions regarding PIP? I am very involved in this matter in my constituency back home, with the changes that there have been. Does the hon. Lady feel, as I always have, that it is important that the assessor or officer who comes out to visit the person in their home, or takes them to an office for interview, has knowledge of the medical circumstances of that person? Also, when it comes to mental and emotional issues, does she agree that it is important to have someone there to support the person being assessed—perhaps as a witness as much as anything?

[Maria Eagle]

I agree with both those points. A lack of understanding and basic common decency sometimes seems to creep into these assessments.

I also have vulnerable constituents who are being prevented from getting help in explaining their situation to assessors. For example, I have a constituent who has a brain stem tumour, among other physical conditions. Perhaps not surprisingly, her mother was with her at the assessment. However, she was told that her mother could not answer any questions for her, despite the fact that my constituent has significant difficulty in processing information because of her condition. That goes completely against the PIP assessment guidance, which says that

“companions may play an active role in helping claimants answer questions”.

I have constituents who were prevented from having that kind of help and, perhaps not surprisingly, thereafter had their PIP stopped because it was felt that they had not answered the questions appropriately.

There are extremely long delays in assessments, reconsiderations and particularly tribunal dates for appeals. It is hard to justify the fact that the average waiting time for PIP is now 15 weeks. That is almost four months. It is completely unacceptable to make disabled people, who rely on that money to make their lives a little easier, wait so long for a first payment.

Reconsiderations are a necessary step to be gone through, but they almost never overturn the original decision. In my recent experience, I have not come across a single case in which that has happened, even when it is blindingly obvious that that is the point at which what has gone wrong can be put right with the least possible damage. Surely the purpose of the reconsideration stage is to apply a little common sense, but these days it just seems to be a way of wasting another two or three months, during which the individual does not get their benefit.

The wait for a tribunal is the killer. On Merseyside, the average wait is more than nine months, but I know of people who have waited for 12. It is an absolute scandal. How can the Government or the Minister possibly justify treating vulnerable, sick and disabled people in such a callous and horrendous manner?

I have also come across many reports of compassion fatigue among bureaucratic and indifferent contractors who are paid to assess vulnerable and desperate people. Compassion fatigue is not a new phenomenon, but it seems to be rife these days. It was reported in the newspapers recently that a DWP official had submitted papers to an appeal tribunal in which they referred to the appellant, a disabled person, as a “lying bitch”. How revealing of their attitude is that? Yet there is not much evidence of fraud in claims for these benefits: according to DWP figures, it represents only 1.5% of the total expenditure. That figure is put into context by the heftier 4.2% of total expenditure on making up underpayments to people who have not claimed their full entitlement—one can hardly argue that there is a huge problem of fraud that we need to crack down on.

Let me give a few examples of cases in my constituency that illustrate my concerns. Some people’s benefits have been stopped, quite unfairly, when they have fallen foul of overly bureaucratic practices that take no notice of plain common sense and that apparently cannot be put right without the lengthiest process imaginable, causing extreme hardship and pain. I have a constituent with kidney disease who attends hospital weekly for dialysis. She was diagnosed with a very painful and severe complication of her condition and was treated for it as an in-patient. When she got home after being discharged last July, she was exhausted, disoriented and in severe pain. She was expecting a district nurse to attend her at home to change a dressing, but her carer was confronted at the door by someone who claimed to be a health professional, but who—sure enough—seems in hindsight to have been sent by the DWP.

The “medical professional”, who was turned away by the carer because my constituent was in no fit state to be seen, appears to have had a compassion bypass. Instead of being given another appointment at a more convenient and sensible time, my constituent had her benefit stopped last August because she was said to have refused to be interviewed. Not only was she in no fit state to be interviewed, but she had received no letter. Even if such a letter had been sent, she had been in hospital for weeks and was very poorly, so she certainly would not have seen it. Why on earth was another appointment not made as a matter of plain common sense? Her request for a reconsideration last October was refused. What is the point of having reconsiderations if we cannot reconsider a case like that?

My constituent applied for a tribunal hearing in December—given her very poor health, it took her that long to navigate the process of filling in all the required forms. For three months, she tried to make the best of things, but she came to see me last week asking how long she would have to wait for an appeal. As I have said, and as the Minister may know, the average wait on Merseyside is 38 to 42 weeks, so I had to tell my constituent that she might have to wait another six months before the matter could be resolved. I have no doubt that the decision would be overturned at a hearing, as happens in 75% of the cases that get that far.

When I asked my constituent how she was doing, she told me that she had no money for food. Her weight had reduced to just 6½ stone. On the day she came to see me, she had eaten two slices of toast—one for breakfast and one for lunch—and was planning a main meal of a bowl of soup. I would normally offer food bank vouchers to a woman in that condition, but my constituent has a special diet because of her dialysis, so she could not have eaten what a food bank would have given her. She was able to take advantage of Can Cook, a charity in my constituency that stepped in at my request to provide some fresh food commensurate with her dietary requirements—but most people do not have Can Cook in their constituency.

I happened to bump into the Secretary of State, so I asked her who I should write to about this scandalous case, given that the hon. Member for Truro and Falmouth (Sarah Newton) has resigned as Minister for Disabled People, Health and Work and has not been replaced. The Secretary of State got her officials to sort it out within two days, which is excellent, and I thank her for it. My constituent has been reassessed on higher rates of care and mobility than those from which she was disqualified, and she will receive full back payments this week. Thank goodness she came to see me, but she did not see me for 10 weeks—and what about those constituents who have not come to see me and who are suffering in silence and despair at home? What about those who are too vulnerable to get out to see me, particularly those who are debilitated by mental ill health and are struggling on with no money and no food?

--- Later in debate ---

[Jim Shannon]

I am quite moved by what the hon. Lady says. Many of us know of people in similar circumstances. At my constituency office, three people in 10 days came to see us who had fallen off the radar—no one knew about them. Their issues were clearly mental and emotional. Does the hon. Lady feel that someone in the benefits system should be following up on people who have been refused benefits? That would be a method of finding out what is happening to those people.

[Maria Eagle]

The hon. Gentleman is correct. One would have thought that the reconsideration would introduce an element of plain good sense, but it does not seem to be working in that way at present. There is a general issue with how the debility caused by mental ill health is not well recognised or sympathetically dealt with in the system. People who are debilitated with mental ill health often find it even harder than people who have physical disabilities to face up to filling in the forms and getting themselves organised to get some help, so they are even more vulnerable.

PIP has less generous criteria for its mobility component than DLA, because it is designed to save money: people are required to be less able to walk than under the older benefit system. Because PIP is the gateway to one of the world’s most innovative and practical disability entitlements —the world-leading Motability scheme, one of the best things that makes disabled people’s lives easier—problems in its administration hit recipients particularly hard. For many of my disabled constituents, access to a Motability car is a lifeline—it makes their lives liveable—yet in the last two years, the DWP’s own figures show that 44% of people who were getting the higher rate mobility component under DLA lost their entitlement under PIP. Of those who are being reassessed from the DLA higher rate mobility component to PIP, only 53% got the equivalent of the enhanced rate. The other half either got the lower rate, and therefore lost their car, or got no mobility component at all.

People naturally appeal when they lose so much, and they are entitled to do so. PIP appeals accounted for 52% of all social security and child support tribunal receipts, and 73% of PIP appeals succeeded. Too many people who should appeal do not; they put up with the loss of income and the hardship because they cannot cope with the process. For people who first joined the Motability scheme before 2012, the car has to go back once the benefit has been gone for 26 weeks. However, the average wait for a tribunal on Merseyside is nine months, which means that people’s cars have to go back even if they win the tribunal, as 75% of them do. What is the point of taking away a disabled person’s car only to give it back again? Is it any wonder that people feel messed around? They have been messed around. I have a number of cases where people have quite wrongly lost their Motability car. When they finally get to appeal, they get it back. Why mess them around in the first place?

One constituent has lost her car and is awaiting a tribunal hearing—she will have waited almost a year by the time she gets one. I tried to have her case expedited with the Courts and Tribunals Service, as I have with a number of others, as this young woman has to make three or four journeys to hospital, in different directions, to different hospitals every week. She and her parents, who are fairly low-paid workers, used the car to get her to those hospital appointments. Her journeys cost £17 per journey in a taxi, multiplied three or four times a week. When her mother came to see me, they were starting to decide which hospital appointments to go to and which not to go to. I asked the Courts and Tribunals Service to expedite the hearing, and it was put in front of the judge—that is the first time I have got that far—but he said no, so she will have to wait until this summer.

The Mayor of Liverpool has a mayoral hardship fund, with millions of pounds that were raised through the invest-to-save arrangements, which was supposed to be about improving the Merseyside economy. He now spends all of that fund supporting poor people, and the young woman now has her taxi journeys paid for. That is the only reason she is still able to attend her hospital appointments.

The Minister must recognise that there is a severe problem here, at the very least in the length of time it is taking to get appeal hearings, and in the way in which people are being messed around in the interim. The people who benefit from PIP are some of the poorest, most vulnerable and most disabled people in our society. They should not be being put through the mill to get their basic entitlement to an extra benefit. I hope the Minister will be able to show us that the situation is going to improve in future.

Disability Assessment Services

Jim Shannon Excerpts

Wednesday 13th March 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Chichester (Gillian Keegan) on bringing forward this debate. It is an important issue; I told her I would make it my business to be here at the right time.

I have made my reputation as a councillor, a Member of the Legislative Assembly and an MP based on my constituency work, which I am very proud of. I used to fill out the disability living allowance application forms myself, and attend appeals for constituents. I do not have the time do that now because I am over here most of the time, but also because the number of applications and the help needed have increased so much. I have a full-time staff member who is allocated to PIPs and benefits, although I still carry out that work whenever I can when I am at home.

Benefits is the biggest issue in my office, but the question is not why so many people are claiming—I have always had large numbers in my area who are disabled and who claim. People are so desperate for help and they deserve help and attention. The Minister is always very responsive to anything I ask her—I thank her for that. I have seen people with serious illnesses being turned down for PIP.

I have a constituent with a long list of ailments who is at pains always to be dressed well, be washed and look the part. That is only possible because his ex-wife comes every day to make sure he gets out of bed and is washed and dressed. He was turned down. Like the example the hon. Member for St Ives (Derek Thomas) gave, he went to an appeal and was not even called in, because the panel looked at the notes and said, “You know something? This man should get it,” and he got it in 15 minutes. Why did that happen? When someone goes out to assess someone and looks at their circumstances, they will say, “He looks terribly well,” or, “She’s dressed well and her hair is combed. She’s okay, she has no illness.” But they need help.

I have said this to the Minister in correspondence and I will underline it: one must question how much a physiotherapist knows about the intricacies of ulcerative colitis and the side effects of the medicine. How much does a paramedic know about the restriction on the movement of someone with multiple sclerosis? Someone with expertise needs to assess the circumstances, and GP notes should follow that up. Four out of 10 PIP candidates do not appeal as they cannot handle the stress. Do we really believe that half of the people who are claiming do not deserve it? I do not. As far as I am concerned, those people are telling the truth and they should not be looked upon as liars.

There must be a written review. We must start again for the sake of those people who are living beneath the poverty line, because they do not possess the mental fortitude to fight for what they are entitled to. Today, other hon. Members and I fight on their behalf and ask for fairness, a level playing field and an assumption that not all people are telling lies.

Employment and Support Allowance: Underpayments

Jim Shannon Excerpts

Monday 25th February 2019 Commons Chamber

[Sarah Newton]

I thank the hon. Lady for her question. I would of course be delighted to meet her and discuss Gillian. Clearly something is not right. It does not sound like it is related to what we are talking about today, but clearly something has gone wrong and I would be delighted to meet the hon. Lady as a matter of urgency.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her response so far. Underpayments to my constituents have ranged from £3,000 to one massive sum of £22,000. The issue affects some of my constituents when it comes to housing benefit. Can the Minister assure me that none of my constituents will be disadvantaged by something that is not their fault?

[Sarah Newton]

I thank my hon. Friend for raising that question. This was an official error, so the income disregards do apply and his constituents should not be disadvantaged in the way he describes.

Pensions Dashboard

Jim Shannon Excerpts

Wednesday 6th February 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate, and I congratulate the hon. Member for Hendon (Dr Offord) on securing it. I am happy to make a comment within the timescale that you have set out, Mrs Ryan,

Pensions are a thorny issue; many people made their financial plans based on the promise of a pension that has not materialised. There are also those who invested, only to lose their money and get only 30p in the pound of their investment, but that is a debate for another day; in fact, we had a debate on that last Thursday in the main Chamber; it was on Equitable Life, and those who had paid into a pension but did not get their money. It is easy to understand the concerns that some of us have about people’s need for a pension; the hon. Gentleman referred to the need for a pensions dashboard.

I can well recall—although it was not yesterday—my mum taking me down to the Northern Bank, as it was, to open my first account when I was 16. I also remember that when I turned 18, she took me to fill in the policy with the insurance man and said, “Make sure you’re putting money aside every month for that purpose.” That was thriftiness, but it was also really good direction from my mum, as always, because it was important that we knew why we did those things. I am a wee bit older now, and I am glad that I signed up for those things many years ago, because I will benefit from them in the years ahead.

Today’s debate is an attempt to ensure that people are not left in the lurch in the way that women born in the 1950s and the Equitable Life savers have been. It is an issue that it is certainly worth people considering if they are working hard and seeking to invest, so that someday they do not have to work, but can enjoy life without having to miss out on the things that they have while working a nine-to-five job. It is my sincere hope and desire that the work that the Treasury Committee and others are doing to prevent another Equitable Life scandal will be successful, but irrespective of that, a dashboard with real-time information has to be useful for those who are planning their future, as the hon. Gentleman said.

I must say that the key decisions that came from the Government consultation give rise to some concern. One concern relates to data security. The fact that all financials are held and accessible by the industry independently raises concern. I hope the Minister can reassure me on that. My concern is heightened by the breach in Independent Parliamentary Standards Authority data security, which led to the addresses of my staff members being released. That shook our office and caused great concern, given that we hail from a political party in Northern Ireland, and given its history. Such data security breaches underline my concerns. The Government must ensure that there are guidelines in place to reassure people, including my constituents and me.

I also have grave concerns regarding proposals that would result in pension fund members being targeted by those who want their business. Although I agree that multiple dashboards would improve consumer choice, it is essential that alongside those—I think the hon. Gentleman referred to this—there be a non-commercial dashboard, hosted by the single financial guidance body, and offering an impartial service to those who prefer that, or who may not want to be targeted by the market. We must cover all choices and tastes.

Another essential issue for me is that the cost of this dashboard should not hit the pension or the consumers; there should rather be an obligation on the industry to bear the cost. Although the autumn Budget has made available funding for 2019-20 to facilitate the industry’s making dashboards a reality, it is clear that that is to get the dashboard on its feet, as opposed to making it a Government service. That is another consideration.

I am conscious of time, so I will conclude with this point. In principle, I support the idea of people having greater knowledge of their financial status. There are so many people who come into my office with their pension annual statement, not understanding what it means—not only older people, but young career people who have been made to sign up to a pension, but have no idea what the money that they pay, or their employer pays, is used for. It is surprising how many people do not know.

[Dr David Drew (Stroud) (Lab/Co-op)]

That is why we need proper enterprise education in schools. Does the hon. Gentleman agree that that is when it should start, and that it should not end until people enter the workplace?

[Jim Shannon]

I thank the hon. Gentleman; just as the hon. Member for Hendon thought that someone had read his script, my next words are on the very subject to which the hon. Gentleman refers. The subject is not covered in school, but it clearly should be, because these young people literally have no idea what their pension means. He is absolutely right, and his intervention underlines the responsibilities that we have a duty to perform. I sincerely believe that a pension dashboard can help this generation, but the safety and security of financial information is paramount.

I look forward to the Minister’s response; I feel that some of the assurances I have sought in this small contribution are assurances that he can provide, and if he does, he will set a lot of minds at rest.

State Pension Age: Women

Jim Shannon Excerpts

Thursday 31st January 2019 Commons Chamber

[Tonia Antoniazzi]

That is exactly the situation we are in, and it is really sad—it upsets me, and it is frustrating. My constituents ask me what is being done, where we are and what we are doing, and this debate is an opportunity for the Government to respond to those questions.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing the issue to the House for consideration. She has been proficient and active on this case. With 5,800 women in my constituency being out of pocket, many of whom are in manual labour jobs, my concern is that we are seeing a generation of women discriminated against and we seem to be achieving nothing for them. These women were told to expect something and they prepared their future financing around that. I am left wondering just what they did to warrant this treatment. Does she agree that this is nothing short of a disgrace?

--- Later in debate ---

[Tonia Antoniazzi]

I thank my hon. Friend for her comments. That is exactly where we are, and it is just wrong. The Women and Equalities Committee commissioned—

[Jim Shannon]

Will the hon. Lady give way?

[Tonia Antoniazzi]

It would be a pleasure.

[Jim Shannon]

The hon. Lady is most gracious and kind in giving way. This is a very important point. Many people in my constituency are employed in manual labour, which means that, as they get older, they have disabilities, arthritis and other such issues. Does she agree that it is not realistic to expect those people to retrain? What they really need is their pension—and probably in many cases some sort of disability living allowance or an attendance allowance because of their disabilities.

[Tonia Antoniazzi]

The hon. Gentleman makes a very valid point. When the Women and Equalities Committee took evidence from people about the difficulties they face in finding work, we found that employers need to make sensible adjustments in order to keep older workers. Can the Government guarantee that that is being done? It is recognised that ageism remains—

Widowed Parent’s Allowance

Jim Shannon Excerpts

Wednesday 23rd January 2019 Westminster Hall

[Liz Saville Roberts]

Indeed. It interests me that the Supreme Court judgment makes reference to article 2 of the UN convention on the rights of the child, which decrees non-discrimination in relation to children, and to article 3, which endorses Governments’ working for the best interests of the child first and foremost. Those principles apply not just to the matter we are debating but to other issues.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for bringing forward this important matter. She outlined clearly a case in Northern Ireland. Does she agree that going from having a wage coming into the house to receiving £117 a week is a massive step, and that that help needs to continue for more than a year for homes with children? That needs to be reviewed. A year is not long enough for someone to sort out how to cope financially in the long term without their spouse and how to raise their children alone. This matter is highly important, and I congratulate the hon. Lady on bringing it forward.

[Liz Saville Roberts]

I thank the hon. Gentleman for his intervention. It is evident that this matter raises a whole number of questions over and above the one I am specifically addressing.

I reiterate—I hope I say this regularly during the debate—that I say “children” quite intentionally. The great majority of EU member states make children themselves directly eligible for bereavement benefits up to a certain age. Essentially, bereavement benefits function as a sort of topped-up child benefit for children who have lost a parent and therefore require additional support. It is not, however, within the remit of the Supreme Court to correct primary legislation; that duty lies with us in Parliament.

Let me make it clear that despite the title of the debate, I believe the principle established by the Supreme Court ruling extends beyond the widowed parent’s allowance. We have heard that families in which a spouse has passed away since April 2017 are entitled to bereavement support payment, which replaced widowed parent’s allowance. It is therefore implicit in the Court’s ruling that bereavement support payment, too, ought to be extended to children regardless of their parents’ marital status. After all—I wish to impress this upon everyone present, including the Minister—the key takeaway of that ruling is that refusing to extend payments to the children of unmarried couples is of material detriment to those children and is discriminatory against those children.

In the eyes of the Supreme Court, a policy may offer special treatment to married couples when children are not involved, but it may not do so in relation to a benefit targeted at the needs and wellbeing of children. That is directly relevant to both widowed parent’s allowance and bereavement support payment, as in both instances the wellbeing of the children is the primary purpose of the benefit. That is expressed very convincingly in the Supreme Court judgment. It is not acceptable for the state to discriminate against children who happen to hail from unmarried households—to confer stigmatising status on families as either legitimate or illegitimate in the eyes of their own Government. If the support is there, it must be there for all children.

The Minister may well argue that there are bureaucratic barriers to extending widowed parent’s allowance to the children of unmarried couples. He may suggest that the requirement of a legal union protects widowed parent’s allowance from abuse. In reply, I would highlight the armed forces pension scheme, which successfully utilises a definition of “eligible partner” that is not narrowly restricted to the confines of marriage and civil partnership. Of course, the Department for Work and Pensions routinely assesses whether individuals are cohabiting, in pursuit of rolling back their means-tested social security benefits. In many such cases, there is considerably less evidence of cohabitation on display than the existence of living, breathing children. In fact, widowed parent’s allowance itself can be withdrawn if a parent later cohabits with a new partner. It is striking that Governments past and present have been willing to recognise the validity of cohabiting couples in life but not in death.

The Minister may highlight that discrimination against the children of unwed couples was debated during the passage of the Pensions Act 2014. I would reply that the legality of the Government’s standpoint is now informed by the Supreme Court’s ruling from last summer. Where Parliament previously debated in a fog of unknown quantities, we now know that the legal union requirement violates the human rights of children born to parents who are neither married nor in a civil partnership. Defenders of restricting payments to married households typically concern themselves with spousal rights, but the crux of this issue can no longer be allowed to rest solely on the rights of a bereaved spouse. Today’s debate is about whether the Government can continue to materially disadvantage children born to unmarried parents.

Household compositions have changed visibly since the widowed mother’s allowance of 1946, and the Supreme Court ruling is a reminder that our social security system must evolve to keep up. According to the Office for National Statistics, cohabiting couple families have been the fastest-growing family demographic across the UK for two decades, and in the past few years, families headed by cohabitating couples have been more prevalent than lone-parent families in the UK. By 2017, 17% of all households with dependent children were headed by a cohabitating couple.

We also know that there is a socioeconomic and geographical element to family composition, and 49% of cohabitating households in Wales are home to dependent children—the highest proportion throughout the UK. Poorer families are more likely to be headed by unmarried parents, and both mothers and fathers in married couples are more than twice as likely to have a degree as their counterparts in cohabiting couples. Children in lower socioeconomic households are therefore disproportionately exposed to bereavement support discrimination of this type, compared with their wealthier counterparts. That is deeply ironic given the Government’s approach to non-means-tested benefits: to those who can afford to marry, they give more, but to those who have less, they seek to justify denying them at the most traumatic time.

When will the Government formally respond to the issues raised in the Supreme Court ruling and in this debate? The Minister said on 5 September last year that there would be a response anon, but a number of months have since passed. If he will not provide a set timetable today for a response, will he explain why? Could the Government use legislative vehicles to make such a change? I think particularly of the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill promoted by the hon. Member for East Worthing and Shoreham (Tim Loughton). A private Member’s Bill might well be a vehicle through which to make such a change.

Extending widowed parent’s allowance as well as bereavement support payments was recommended back in March 2016 in a report by the Select Committee on Work and Pensions, “Support for the bereaved”. It outlined, as I have done today and as the Supreme Court did last year, that excluding the children of unmarried couples from bereavement support in the 21st century is both unjust and unjustifiable.

Mental Health: Assessment

Jim Shannon Excerpts

Tuesday 22nd January 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in the debate, and to follow those who set the scene. The hon. Member for Lanark and Hamilton East (Angela Crawley) made a significant contribution, as did my colleagues and friends left and right. We may not agree on the constitutional position of Northern Ireland or the United Kingdom, or Scotland and Wales, but we agree on the important issue we are debating.

The Minister attending this debate is one who responds. Her comments to me in the Chamber, and whenever we meet, are soft-spoken words, which are always taken in the light in which they are meant. I thank her for her help and the interest she shows in the issues I bring to her attention. My comments today are not meant to be aggressive or harsh, but they are factual. Before I go on with those comments, I want to say how much I appreciate the Minister’s compassion and her interest in a job that she does extremely well.

We set up this social state to enable those in genuine difficulty to live, and not simply survive in poorhouses and the like. We determined that it was fair to ask those who could to help others, through tax and national insurance contributions. That has set us apart from many countries. I believe we are here to help the ill and the most vulnerable in society. Those suffering from mental health issues are more in need of our help today than ever before. The hon. Member for Glenrothes (Peter Grant) mentioned staff, and I have staff in my office who work on nothing but benefits—reviews, appeals, applications and advice. They work on those issues full time, to give the correct advice and assistance that it is our job to give as elected representatives. All my other staff are trained and, in fairness, the Government have set up training classes for our staff so that they can be versed in universal credit issues. I thank the Minister for that. We take advantage of it, and make sure our staff are trained.

In the UK, 20.3 million families receive a form of benefit, and 8.7 million of those are pensioners, which is about 30% of the population. For some families, the benefits they receive make up more than half their income. If an individual suffers with a mental health condition that has a long-term effect on their normal day-to-day life, it is considered a disability as defined under the Equality Act 2010. People with mental health conditions are less likely to receive any form of universal credit.

Between October 2013 and October 2016, 193,000 people with mental health conditions were reassessed, and of those 39% were awarded more money. However, 14% were given the same amount, 22% were awarded less money and 25% no longer received the benefits they once had. I say it very gently, but the benefits assessment process needs to be amended, as it is clearly not fitting for those who suffer with serious mental health problems that result in an inability to work. There was a debate in the Chamber on Thursday about mental health first aid in the workplace, with a good level of participation. In Northern Ireland, the legacy of the troubles is a considerably higher frequency of mental health problems than here on the mainland. The figures are extreme: 25% higher than on the mainland. That is the legacy of a 30-year terrorist campaign that affects not just those involved but the families—wives, daughters, sons, mums and dads.

[Dr Cameron]

The hon. Gentleman is making an excellent speech. Will he join me in commending the excellent work of psychologists in Northern Ireland who hosted a successful international trauma conference last year that is putting Northern Ireland on the map as a leader in international expertise on trauma?

[Jim Shannon]

I thank the hon. Lady for that intervention, and congratulate her on all she does, and on her interest in the issue.

Mental health issues have caused 300,000 people to lose their jobs because they cannot cope with the stress of their career. In Northern Ireland, one in five adults show signs of mental illnesses in their lifetime. We can see clearly that more funding needs to go towards helping those who cannot work because of mental health problems. People who cannot hold down a job owing to such problems must be treated with compassion and understanding. I have had several meetings with Capita. As the hon. Member for Glenrothes said, the staff are excellent and work hard. Frances, the manageress of the social security office in Newtownards, is extremely supportive and helpful, as are all the staff when anyone phones about an issue. However, that does not stop the problems that we are having. In my meeting with Capita, I outlined some cases where benefits were withdrawn, but in conjunction with its staff, we were able to overturn the decisions. I was glad that those constituents had come to see me and my staff, and that we could use medical evidence, supplied by doctors, to persuade Capita of the adverse effect on their mental health, wellbeing and, at times, physical safety. Things must change.

[Paul Girvan (South Antrim) (DUP)]

The point that my hon. Friend is making relates to the fact that some people are so depressed that they do not want to contact anyone who could help them. They fall through the gaps. When people are willing to go forward, we have a high success rate for overturning decisions on appeal, but unfortunately some of the neediest bury their heads in the sand, as they do not have the will or drive to go ahead, or the support behind them.

[Jim Shannon]

I agree wholeheartedly. What my hon. Friend described is the reason why we are charged, as elected representatives, with delivering our views, in debates such as this and in offices.

People suffering long-term mental health issues should be supported financially because of the challenges that they bring in their career. Those with severe and enduring mental illnesses are exposed to premature mortality of up to 15 to 20 years; the situation affects their health, wellbeing and the length of time they will be in this world. Those people need support. We should not assume their health will improve over time, as it will improve only with rest and coping mechanisms, and the ability to work in a place where there is understanding of the needs of people with mental health issues, and a preparedness to work with them. Such jobs are few and far between. The question is how to achieve that, which is why the debate has been brought forward today.

Changes are needed in society, and I do not think anyone in the House would deny that. However, they must begin with a recognition that mental health issues are not an excuse not to work. They are a tunnel of darkness. What my hon. Friend the Member for South Antrim (Paul Girvan) and the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) said about this is very relevant, for each and every one of us here. We are here because we have a passion for our people and want to put that over in the debate.

That tunnel of darkness is brightened only by the light of love and compassion, and I believe that governmental dealings with those in need of help must change in a compassionate way. We ask the Minister to do that, first because we know that she appreciates, understands and has an interest in these issues, and also on behalf of our people, who beseech her to make those changes.

[Several hon. Members rose—]

Recognition of Fibromyalgia as a Disability

Jim Shannon Excerpts

Tuesday 15th January 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Chesterfield (Toby Perkins) on securing the debate and other hon. Members who have made contributions in a restricted time. Without a doubt, the subject is worthy of a three-hour debate, as the number of hon. Members present indicates.

My introduction to fibromyalgia has come through my constituents in my position as a local representative, a councillor, a Member of the Northern Ireland Assembly and now a Member of Parliament. My constituents have told me about the sensation of being in pain and feeling ill. One lady said that her day-to-day life was having her sight affected and having no energy.

Clearly, my heart went out to that constituent, not simply because she has a difficult life, with days where she cannot get out of bed, eat or even really drink, or simply because she is young, but because I want her to get so much more out of life than a daily battle to do the things that most of us can do, such as showering and basic hygiene care, but that she cannot. The diagnosis of fibromyalgia will not automatically entitle her to the help that she needs, which is why the debate is so important. She will have to fight another battle to have her illness and needs recognised and accepted. We all know what the issues are.

The specific treatment for fibromyalgia syndrome is a multidisciplinary approach that includes physical rehabilitation, access to hydrotherapy, psychological support, behavioural therapy and education sessions. Alongside that, the European League Against Rheumatism’s guidelines on the condition say that treatment should incorporate collaboration with a range of professionals, including pain specialists, psychologists, physiotherapists and occupational therapists. All that tells me how complex fibromyalgia is, with a lot of different departments managing a lot of different facets. It is little wonder, with respect to the Department and the Minister, of whom I am very fond, as she knows, that some people feel abandoned and alone in the middle of all of those people and departments. It is for them that we stand here today.

We want research and legislation. We need protection under the Disability Discrimination Act 1995. I conclude with a comment from a lady, who says:

“I know a lady who is an absolute whirlwind when she is well. She could be in my office cheering everyone up with a winning smile and charming personality and literally an hour later, she is wiped out and can’t move for days at a time. To expect this lady to be able to attend job centres weekly for hour-long job interviews without understanding that she physically cannot do this is absolutely absurd and yet she is not automatically entitled to ESA and other helps. To believe that she will”—

by some miracle—

“be able to attend her PIP assessment on a certain day is a nonsense and yet she faces losing PIP if she doesn’t present herself to be assessed.”

It is because of people like her, and all those people who live a life of darkness and pain, who battle to live, to eat and to turn their lights on, that this debate is important.

Universal Credit

Jim Shannon Excerpts

Monday 14th January 2019 Commons Chamber

[Alok Sharma]

I think the hon. and learned Lady will find that universal credit has already rolled out in her local area, because the last roll-outs were in December. In terms of providing support, she will be aware of the partnership we now have with Citizens Advice, which will make a difference and help the most vulnerable in particular.

[Jim Shannon (Strangford) (DUP)]

I welcome the changes that the Minister has proposed, but universal credit has created incredible problems in my constituency, including delays and reductions in payments. Will he outline what will be done to assist those who are already in the universal credit system and not on the pilot scheme?

[Alok Sharma]

The hon. Gentleman and I have discussed universal credit before and, as I have said, my door is always open. If he has specific cases, I will be happy to review them.