Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will make an estimate of the proportion of claimants who are unfit for work in the Universal Credit (a) limited capability for work and work related activity and (b) (i) income-related and (ii) contributory Employment and Support Allowance group who would not able to move into work if their additional disability component was removed.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
In the interim findings report of our Work Aspirations research, 62% of ESA/UC customers with no work-related activity requirements, and 36% with work-related activity requirements, felt they would never be able to work or work again. 28% of ESA/UC customers with no work-related activity requirements, and 38% with work-related activity requirements, felt they might be able to work in future if their health improved. 3% of ESA/UC customers with no work-related activity requirements, and 8% with work-related activity requirements, felt they could work right away if the right job or support was available.
The Work Capability Assessment is not working and needs to be reformed or replaced alongside a proper plan to help disabled people into work, which will help them, businesses and the economy.
We know that change is desperately needed but equally these sorts of changes shouldn’t be made in haste. So, alongside our Get Britain Working White Paper, we want to engage with disabled people, and others with expertise and experience on these issues, to consider how to address these challenges and build a better system.
We will reconsult on the WCA changes as part of our Green Paper in spring 2025 that will bring forward wider proposals to reform the health and disability benefits system.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, with reference to the judgment in Clifford v Secretary of State for Work and Pensions [2025] EWHC 53 (Comm), for what reason she proceeded with the case.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
The Courts have found the previous government failed to explain their proposals adequately. We felt, on balance that the consultation that was under challenge had provided people with sufficient information and time to respond intelligently to the proposals. However, we have accepted the judgment and do not intend to appeal.
As part of wider reforms that help people into work and ensure fiscal sustainability, the government will re-consult on WCA descriptor changes, addressing the shortcomings in the previous consultation, in light of the judgment. The government intends to deliver the full level of savings in the public finance forecasts.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what the cost to the public purse was of the legal fees incurred in the judicial review of the work capability assessment consultation.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
Judgment was handed down in the Work Capability Assessment (WCA): Activities and Descriptors consultation Judicial Review on 16 January 2025.
DWP’s litigation costs between 1 November 2023 and 21 January 2025 were £211,345.42.
DWP has been ordered to pay the Claimant’s reasonable costs of the claim. The DWP will endeavour to agree those reasonable costs with the Claimant following the standard legal process where necessary. The DWP has been ordered to pay £254,458.63 as a payment on account of the Claimant’s costs representing 60% of an estimate of the costs she has incurred in bringing this claim.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many targeted case reviews her Department expects to have carried by the end of 2024.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Since the start of Targeted Case Review, the Department expects to have completed around 815,000 Universal Credit claim reviews by the end of December 2024.
Figure is rounded to the nearest 5000.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether algorithm driven risk scoring is being used in the process of selecting Universal Credit claimants for a Targeted Case Review.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Algorithm driven risk scoring is not used when selecting cases for a Targeted Case Review.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether she has made an assessment of the potential implications for her policies of changes to Civil Procedure Rules on alternative dispute resolution; and if she will have discussions with CEDAWinLAW on mediation.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
The Civil Procedure rules are a matter for the Ministry of Justice. MOJ is working to increase the number of legal disputes resolved without the need for a judicial decision. They will monitor the impact of the changes and will continue engaging with stakeholders as they keep all methods of alternative dispute resolution under review to explore opportunities to increase take up both before and after legal proceedings have started. The Secretary of State has not made an assessment of them.
With reference to CEDAWinLaw, in the Judicial Review on changes to State Pension age, both the High Court and Court of Appeal found there was no discrimination on any grounds.
There is no subsisting legal dispute, so it would not be appropriate for the Secretary of State to enter into mediation with this group.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will publish an (a) impact statement and (b) equalities impact assessment of means-testing the winter fuel payment.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
The Regulations entered into force on 16 September, the first day of the Winter Fuel Payment qualifying week.
A regulatory impact assessment has not been produced for this legislation because the effect is on individuals and private households rather than businesses or voluntary sector organisations.
In making a decision on Winter Fuel Payment eligibility, the Government had regard to an equality analysis in line with the Public Sector Equality Duty requirements. The equality analysis was published on Friday 13th September, and can be found here: FOI2024_65546_13_09_24.pdf (publishing.service.gov.uk).
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether she has had discussions with the Chancellor of the Exchequer on the potential health impacts of means-testing the winter fuel payment.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
This Government is committed to pensioners – everyone in our society, no matter their working history or savings deserves a comfortable and dignified retirement.
Given the substantial pressures faced by the public finances this year and next, the government has had to make hard choices to bring the public finances back under control.
Winter Fuel Payments will continue to be paid to pensioner households with someone receiving Pension Credit or certain other income-related benefits. They will continue to be worth £200 for eligible households, or £300 for eligible households with someone aged over 80.
We know there are low-income pensioners who aren’t claiming Pension Credit, and we urge those people to apply. This will passport them to receive Winter Fuel Allowance alongside other benefits – hundreds of pounds that could really help them. We will ensure that the poorest pensioners get the support they need.
Our continued commitment to the triple lock means the full new state pension is forecast to increase by a further £1,700 over the course of the parliament.
We are also providing support through our Warm Homes Plan which pensioners will benefit from. This will support investment in insulation and low carbon heating – upgrading millions of homes over this Parliament. Our long-term plan will protect billpayers permanently, reduce fuel poverty, and get the UK back on track to meet our climate goals.
The Government is committed to a preventative approach to public health. Keeping people warm and well at home and improving the quality of new and existing homes will play an essential part in enabling people to live longer, healthier lives and reducing pressures on the NHS.
In making a decision on Winter Fuel Payment eligibility, the government had regard to the equality analysis in line with the Public Sector Equality Duty requirements.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, If she will collect information on potential links between the fitness for work test and (a) suicides, (b) other deaths and (c) harm.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
DWP does not collect or record the cause of a customer’s death and will not usually be made aware of how a customer died. Cause of death is determined by a doctor or a coroner. There is no requirement for a Coroner to inform the department of the outcome of an inquest unless they are named as an Interested Person at that inquest - or the coroner decides to issue a Prevention of Future Deaths report to the department. This means the department is not able to collect the information suggested.
Attempted suicides and suicides are tragic and complex issues. The department takes very seriously any suggestion that its actions, including any related to the fitness for work test, may have contributed to one. Where appropriate the department will undertake an Internal Process Review to establish if anything should have been done differently or if there are any lessons the department can learn.
Thematic learning from these serious cases is fed into the departments Serious Case Panel, which has an external chair, and considers a range of evidence from across the department. We are looking at ways to increase the amount of information made public about the work of the Serious Case Panel without jeopardising the privacy of the customers whose cases have been reviewed.
Asked by: John McDonnell (Independent - Hayes and Harlington)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many claims for Pension Credit took longer than six weeks to process in the last 12 months.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
The Department does not routinely capture data aligned to a 6-week clearance rate. However, we do capture data against a 50-day clearance rate and our performance is published in the DWP Annual Report and Accounts DWP annual report and accounts 2023 to 2024 - GOV.UK (www.gov.uk).
Of 248,000 Pension Credit claims cleared in performance year 2023/24. 192,000 were cleared within the planned 50-day timescale, equating to 77.7%. 56,000, 22.3% were cleared outside of the of the 10-week planned timescale.