Personal Independence Payments

Debate between Jonathan Lord and Esther McVey

Tuesday 13th November 2012 Westminster Hall

[Jonathan Lord]

Will the Minister give way?

[Esther McVey]

I am running short of time, and I have a lot of answers to give to the hon. Member for Glasgow North West.

[Jonathan Lord]

I am very grateful, and I will be brief. A lady came to see me the other day with a friend. She was absolutely delightful, and people who talk to her would not know that she has long-standing mental health issues. I was assured by her and her friend that the following day she would be capable of virtually nothing. How is that going to be judged in the assessment? Can her medical records and letters from doctors and experts support such an application and be taken fully into account?

[Esther McVey]

My hon. Friend raises a fair point. He is correct that we will not take a snapshot in time; a view will be taken over a year and, equally, it will be based on whether the claimant needs support during a part of the day, not for the majority of the day. All those factors are being taken into consideration.

Assessment providers are being given clear guidance on how to carry out the personal independence payment assessment. That will include aspects such as when to gather further evidence and when to conduct a paper-based review of evidence, rather than a face-to-face consultation.

The hon. Member for Glasgow North West asked whether the guidance will address the use of long canes by blind and partially sighted people. The Department’s guidance for providers will be relatively high-level. The guidance will not list specific conditions, nor will it tell assessors how to advise in certain cases. To do so would go against the fundamental principles of the personal independence payment assessment, which is that it will be an individual assessment that considers each claimant’s personal circumstances.

Although we do not intend to run a formal public consultation on the guidance, we will keep it under review and will consider any comments received from stakeholders. We also expect assessment providers to work with stakeholders, as they develop their own, more detailed guidance and training products.

The hon. Gentleman expressed concern about the number of people who will lose their benefit as a result of the changes. I would like to make it clear that it is very difficult to generalise about who will leave the benefit. Entitlement to PIP will be based on individual circumstances and the impact of disabilities, not on what conditions people have.

Some people will receive more support; some will receive broadly the same; others will receive less; and some will leave the benefit altogether. I fully acknowledge that, but equally, given the 3.3 million people who are on DLA, we understand that it is not a static benefit but a dynamic benefit: some people’s conditions will stay the same; some people’s conditions will worsen; and some people’s conditions will get better and, with the right support, they will no longer need the benefit.

I reassure the hon. Gentleman that we have legislated to carry out two biennial independent reviews of the PIP assessment, its criteria and operation within the first four years of the introduction of PIP, so that we can learn and adapt from our experiences.

The hon. Gentleman asked for specific clarification on the arrangements for blind and partially sighted people. He also asked whether we will be making changes to the mobility activities to take into account those individuals who use a long cane, rather than a support dog. Although it was never our intention to limit support to blind and visually impaired people who have a support dog, I am aware that issue has caused a lot of concern.

Although I cannot confirm now the changes that we intend to make in the final draft of the assessment criteria, I can assure the hon. Gentleman that we want to ensure that assessments fairly reflect the needs of blind and partially sighted people. I am aware of the strength of feeling on that issue. The final assessment criteria will be published soon—I will be able to say more then—and I hope that that is reassuring. I fully acknowledge all his work in that area.

I am checking the clock, and I want to get through as many questions as I can, so I will move on to appeals.

A decision being overturned on appeal does not always mean that the original decision was wrong. Often an overturn is due to the claimant providing new information to the tribunal that is material to the original decision. That is why PIP will be one of the first benefits to follow new rules from 2013 that allow us to identify and address incorrect decisions fairly and robustly without the need for full appeals in all cases. That is more proportionate, fairer for the claimant and better value for the taxpayer. Once a claimant has been informed that they are not entitled to PIP, their benefit will cease and they will not receive it during the course of their appeal.

The hon. Gentleman expressed concern about how the changes will affect those in receipt of carer’s allowance. We expect that the introduction of PIP will not affect the overall size of the carer’s allowance case load or the expenditure on that benefit. We recognise the important role that carers play, which is why both rates of the daily living component will form part of the gateway to carer’s allowance.

Officials from the Department are working closely with Motability to assess the impact of the introduction of PIP on its users. Only 33% of the 1 million disabled recipients of the higher rate mobility component of DLA are Motability customers. That makes it difficult to predict the precise impact of caseload changes or the number of Motability users. We are continuing to work closely with Motability to ensure it is ready for the introduction of PIP in April 2013.

I hope that my comments have reassured hon. Members that the introduction of PIP is on track for delivery in 2013. Our proposals have been developed following extensive collaborative consultation with disabled people, and we continue to work with disabled representative organisations and disabled people.