Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) (Amendment) Regulations 2026 (SI, 2026, No.457)

John Milne Excerpts

Wednesday 24th June 2026 General Committees

[John Milne (Horsham) (LD)]

We hear lots of talk in politics and the media right now about the need to cut benefits. Of course, control of spending is always a priority, but the first question that we should ask about any benefit is whether it is doing the job it is supposed to. A PIP is a lifeline, not a luxury. It is designed to support disabled people with the extra costs of daily living resulting from their disability. It is not specifically an in-work benefit, but in practice it does help many people keep their jobs, which is, of course, what we want. That is why, as Liberal Democrats, we believe that any change to how PIP awards are managed must put the needs of the claimant first, not the administrative convenience of the Department.

We are deeply concerned by the DWP’s admission that it has been extending PIP awards on an ad hoc basis without clear statutory cover—that was potentially unlawful. Disabled people deserve a system that operates within the law with proper safeguards, not one that has been quietly patched up in a Heath Robinson fashion, and which is only now being regularised through secondary legislation.

The regulations were introduced without a vote in Parliament and without referral to the Social Security Advisory Committee. Yet changes of such significance, which affect hundreds of thousands of disabled people, deserve proper parliamentary scrutiny, not secondary legislation slipped through without a vote. We welcome Government assurances that the regulations cannot be used to shorten existing awards or to cut the rates paid, and we welcome the retention of appeal rights, but the fact that the regulations are necessary at all is not positive. If we had the proper capacity to carry out PIP reviews on schedule when they were required, there would never be a need for extensions.

[Oliver Ryan]

The hon. Gentleman talks about the types of assessment and the way in which the assessment is done, and he is right to talk about capacity. Just before the election, the previous Government signed new contracts that said 80% of new assessments would be done virtually. The changes to reassessment in these regulations will save money and move more of those assessments from being virtual to face to face, which will better serve people on PIP. Does the hon. Gentleman not support the introduction of more face-to-face assessments?

[John Milne]

I agree with the hon. Member and entirely accept that the issue is not of this Government’s making, although as ever it is this Government’s obligation to sort it out. The regulations are a positive move in the right direction, but I am lamenting the state of affairs in general, not necessarily blaming it on Labour Members.

The SSAC has rightly raised concerns about the impact on claimants who have worsening conditions. Such claimants may now go longer without a reassessment and could therefore miss out on a justified increased award. That is why simply taking no action is not a satisfactory position; we have to do something.

We have consistently called for PIP assessments to be made more transparent and for unnecessary reassessments to be stopped. Properly implemented, longer award periods could reduce claimants’ anxiety and the bureaucratic burden on them, but only if there is a clear and accessible route for people whose needs have changed to request a reassessment without potentially having to wait years for it.

In conclusion, we support the measure, as a matter of legal necessity if nothing else. It will put PIP extensions on a legal basis, although we regret that that was not already the case years ago.

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

I am delighted to serve under your chairmanship, Mrs Hobhouse. Thank you for permitting us to take our jackets off. I thank hon. Members who have spoken in the debate.

As we have heard—my hon. Friend the Member for Burnley made the point absolutely correctly—this statutory instrument amends regulations to enable the best use of the assessment resources that we have available. It will help us to repair the broken system that we inherited, which needs to be repaired, and provides a much-needed safeguard against potential future challenges, in order to protect payments to vulnerable people.

As mentioned by my hon. Friend, under the contracts with assessment providers that were negotiated by the last Government, we can call on only a finite volume of assessment capacity. We could, as the last Government did, use a large chunk of that capacity for frequent reassessments of PIP claimants whose circumstances most likely have not changed at all, or we can use that resource in a more productive way. That is what we have chosen to do.

We want to do two new things. First, we want to recommence, properly, reassessments for the work capability assessment, which provides a gateway to the health premium in universal credit. The situation we inherited is that work capability assessments are carried out when somebody makes a new application, and after a period that person is due a reassessment. The number of reassessments that it has been possible to carry out has been lamentably low. The hon. Member for South West Devon commended PIP reassessments—if only the Conservatives had carried out the work capability reassessments. We want to switch some of the assessment capacity that was being used ineffectively by the last Government, so that it will be used effectively in future.

The second thing we want to do, as my hon. Friend the Member for Burnley referred to, is to increase substantially the proportion of assessments that are carried out face to face. Almost all of them used to be face to face, then came the pandemic, and for reasons that we all understand, they switched to being phone-based or occasionally video-based assessments instead. But once the needs of the pandemic had passed, face-to-face assessments were never properly switched back on. Telephony was retained as the main channel, with just a small number of face-to-face assessments restarting in 2021. In our view, that is not good enough.

[John Milne]

As the Minister knows, I sit on the Work and Pensions Committee. About a year ago, we heard evidence that in fact there was little statistical difference between the approval rates for face-to-face interviews and for remote interviews. The figures may have been updated since, but that is the evidence we heard then. I am in favour of face-to-face interviews—they seem intuitively better—but there may not be quite the difference that everyone might reasonably expect; that is what the figures show.

[Sir Stephen Timms]

There certainly has been data along those lines; I think it was data along those lines that made the previous Government think that they need not start face-to-face assessments again. I agree with the hon. Gentleman: to build confidence in the system, not least on the part of the people being assessed—I was speaking to somebody yesterday who said, “I wish that I’d had a face-to-face assessment”—and to make sure that the correct decisions are being made, we do need face-to-face assessments.

By the time of the general election, only about 7% of work capability assessments and PIP assessments were being carried out face to face. We want to do a great deal better than that. It was not just that the resources for face-to-face assessments were not provided in the assessment contracts, although that was certainly part of the issue; the other factor was that the previous Government walked away from large amounts of the assessment estate so there were no longer enough places where face-to-face assessments could be carried out. That is a pretty fundamental problem. The hon. Member for South West Devon spoke about la-la land, but frankly, that is where the Government who she supported left us.

We are therefore mounting a major rebuilding task to regain the capacity for face-to-face assessments that the last Government threw away, because our view is that these assessments should be done properly. We have started to rebuild the capacity that the previous Government threw away. We have increased the proportion of work capability assessments and PIP assessments carried out face to face, and we are on our way to achieving our target that at least 30% of both will be face to face. To achieve that, we need additional assessment resource; this measure is a key step in enabling us to obtain that.