Oral Answers to Questions
Justin Tomlinson Excerpts(5 years, 6 months ago)
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Alex Cunningham (Stockton North) (Lab)
Mr Speaker
I congratulate the hon. Gentleman on his wedding, and we look forward to his reply.
Justin Tomlinson
A truly memorable day.
Alongside the personalised and tailored support of universal credit, claimants have access to extended childcare support, increases in the personal tax allowance and the introduction of the national living wage. For those transferring from legacy benefits, there is an additional two weeks of housing benefit support.
Alex Cunningham
It is all too easy for people to fall into debt with universal credit failures. My constituent Kayley Aithwaite gets paid on the last working day of each month, meaning she had two lots of wages considered in the last calculation period, and was denied her usual universal credit. How common is this particular problem and what is the Minister going to do about it?
Justin Tomlinson
I thank the hon. Gentleman. Universal credit is designed to mirror the world of work, with monthly payments. It is far better that, through the personalised and tailored support of their individual work coach, claimants are able to be given the support to navigate that now and not on the first day of entering work.
Justin Tomlinson
It is a great honour to share my honeymoon with so many wonderful colleagues.
Eleanor Smith (Wolverhampton South West) (Lab)
Justin Tomlinson
This is an issue that has been raised and that is why additional judges have been recruited to the tribunal system to make sure that goes as quickly as possible. Through their individual work coach, people will get the tailored support as quickly as they can.
Mr Speaker
I thought we might hear from the voice of South Suffolk, but the hon. Gentleman seems disinclined to participate in this exchange even though he has a comparable question. He is not obliged. If he is more interested in his phone, so be it. [Interruption.] Get in there, man. I call James Cartlidge.
James Cartlidge (South Suffolk) (Con)
Justin Tomlinson
I thank my hon. Friend for his comments. That is absolutely key: with universal credit you will always be better off in work. UC removes the effective 90% tax rate of the legacy benefit and the cliff-edges of 16, 24 and 30 hours. It is a far simpler benefit, which is stopping the £2.4 billion-worth of benefits that were missed in claiming.
Mike Amesbury (Weaver Vale) (Lab)
From July 2019, up to 2.8 million people will be required to move from their existing benefits by making a new claim for universal credit. Many are set to lose up to £200 a month. The Trussell Trust, the Child Poverty Action Group, Disability Rights UK, two former Prime Ministers, the future Chancellor and even the Archbishop of Canterbury have all called for a halt to this process, which is driving the growth of poverty in our communities. At what stage will the Secretary of State take her fingers out of her ears, listen to reality and halt this chaos?
Justin Tomlinson
This is the reality, as it stands today: complex legacy benefits of £2.4 billion-worth of benefits not being claimed—an average of £285 a month. As the roll-out of universal credit continues, it will remain a test-and-learn process. Where we can see improvements—we have made many already—we will continue to make them.
Stephen McPartland (Stevenage) (Con)
Lee Rowley (North East Derbyshire) (Con)
The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
This Government are delivering the biggest changes to the welfare system since its inception, creating flexibility to adapt to changing working patterns and offering personalised support.
Lee Rowley
I thank the Minister for his response. An increasing number of people in my constituency are self-employed and setting up their own businesses. Will the Minister outline what universal credit is doing to support people who are setting up their own businesses?
Justin Tomlinson
I thank my hon. Friend, who is a real champion of the self-employed community, and I am proudly a former business owner myself. Universal credit is far more flexible to adapt to changing circumstances, particularly for those who are starting up on their career of owning their business.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Justin Tomlinson
Yes, absolutely. This is an important point, and that is why we have improved the training for all work coaches to identify as quickly as possible those who need that additional support. It is a really important and key part of UC.
Andrew Jones (Harrogate and Knaresborough) (Con)
Eddie Hughes (Walsall North) (Con)
The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
I know that my hon. Friend has great experience in this area, and I should be very excited to hear about those proposals in more detail. I am keen to meet him to establish whether any lessons can be learned.
Stephen Lloyd (Eastbourne) (LD)
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Justin Tomlinson
This is a real priority for our Secretary of State and it will involve building on our work to enable care leavers to make advanced UC claims, access to the youth application support programme, early access to the Work and Health programme and extensions to second chance learning, and we will work with employers to create more opportunities to build on this partnership with Barnardo’s.[Official Report, 18 October 2018, Vol. 647, c. 10MC.]
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
Universal Credit Split Payments
Justin Tomlinson Excerpts(5 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
It is a pleasure to serve under your chairmanship, Mr Davies. I pay tribute to the hon. Member for Midlothian (Danielle Rowley), who has been a long-standing campaigner in this area through parliamentary questions; meeting the Minister for Employment, who has overall responsibility for universal credit; and visits to her local Jobcentre Plus, where she has also met supporting organisations. I know it is an area in which she has a long-standing track record of campaigning.
I share that passion. For many years I have supported my local women’s refuge. I have also worked with Women’s Aid, hosting parliamentary events prior to my ministerial appointment. I was very briefly on the Work and Pensions Committee, so I was present when they were considering the report, although I did not contribute to it because I was not there during the hearings. I pay tribute to my former colleagues on the Committee who were really engaged with this incredibly important topic.
Justin Tomlinson
I will take a few interventions, but I am conscious that I do not have too much time.
Ruth George
The Minister heard the powerful evidence taken by the Select Committee, of which I am a member. I am interested in how, having heard that evidence on the impact on women and, in particular, on children, he can justify the Government response to the recommendation that if a payment cannot be split it should go to the main carer by default.
Justin Tomlinson
I was not present when that evidence was given, just when the Committee was considering it, but I will cover many of those points as I proceed.
With respect to domestic abuse, we are covering physical, sexual, psychological, emotional and financial abuse, and controlling and coercive behaviour. We are particularly looking at economic abuse. We all agree that the solution to domestic violence is complex and should ultimately be delivered through the judicial system, but the Department has an incredibly important role, not just through UC but through the wider work of the Government. The Government are fully committed to taking the issue very seriously, and I expect that to have full cross-party support. The Department will continue to feed into progress towards the domestic violence and abuse Bill. I represent the Department on the inter-ministerial group on violence against women and girls, and we regularly work with key stakeholders such as Women’s Aid, Refuge and the ManKind Initiative—I shall give more details on that work as I proceed.
I was particularly touched by the case that the hon. Member for Midlothian raised. Today I met representatives of Women’s Aid and Refuge to talk specifically about the journey in the jobcentre process. It is now mandatory for all work coaches to have training to recognise and identify victims of domestic abuse and those at risk, and to offer support, which can include signposting to national partnership organisations such as Refuge and Women’s Aid, but also to local organisations—every town is different. That approach relies on people being willing to be referred, but they are offered that menu of signposting options.
In her case study, the hon. Lady mentioned financial barriers to people leaving their household. The hon. Member for Sheffield, Heeley (Louise Haigh) said in an intervention that it would be totally unacceptable for the Government to put up a barrier. That is a really key point, so we ensure that people who wish to leave their household can be put immediately on the universal credit single payment in their own right. If they are already on a legacy housing benefit, they will get two weeks of additional housing benefit money up front, to give them immediate cash. While they are there, they will also have 100% access to the advance payment on day one, as well as the signposting.
We do not encourage people to stay in such a household, so we put a big emphasis on partnership working and on talking to those with expertise in the area. However, those who do wish to stay, for whatever reason, can request split payments. The hon. Member for Midlothian cited a figure of 15 households, but the figure is actually 20. At the moment, the majority of people going through UC are single claimants, so it is not an exact science, but we will continue to look at the statistics. I take the point that the data is limited; it tells us whether people are now successfully receiving split payments, but I would like more—that is a given. As a Minister, I will push for more data because we will need it to target support. UC design is not a simple process.
Dr Whitford
As the Minister knows, I introduced a ten-minute rule Bill on the issue: the Universal Credit (Application, Advice and Assistance) Bill. In my work as a breast cancer surgeon I have seen the effects of current policy in action. Does he recognise that collecting data on women who have applied would just lead to more complacency? We know from the survey that 85% of women would not dare to apply.
Justin Tomlinson
The data is not the solution, just a part of it. I am just being supportive on one of the recommendations. I absolutely accept the hon. Lady’s point.
On financial support, if someone has financial housing commitments such as rent or a mortgage for their existing household, we can, in effect, make double payments of housing benefit for up to 26 weeks automatically, or up to 52 weeks at discretion. Again, we are doing everything we can to remove the financial barrier to people moving away from their household.
Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
I commend the hon. Member for Midlothian (Danielle Rowley) for securing the debate. I do not believe that my hon. Friend the Minister has fundamentally addressed the issues raised about the particular vulnerabilities of people who face abuse and of people with mental illness, who may well be at risk of exploitation. I ask him to take away from the debate the thought that rather than carving out exemptions for special cases, it would be much simpler to say, “There is a potential problem for vulnerable people, so let’s have split payments.”
Justin Tomlinson
If my hon. Friend had been a little more patient and had not intervened, my very next point would have covered that.
It is important that when we design policy, we do not presume that everything is utopian. I have made a commitment today to Women’s Aid and Refuge—I stress that our meetings were in the diary before today’s debate was arranged—that over the next couple of weeks they will work with me and our operational frontline teams to check the typical experience. My hon. Friend makes a valid point about those with mental health issues; not everybody immediately says, “I am a victim or potential victim of domestic abuse,” so it is about identifying the signs and looking at what additional support can be given for those who, whether because of mental health or as a consequence of the abuse that they face, do not have the confidence to navigate the incredibly difficult and challenging journey to break free. We will therefore do a deep dive to look at what the typical journey is like for people, and at what more we can do through training and through providing local partnerships. Every single district will have a highly trained named team programme manager solely responsible for making those partnership arrangements locally and nationally.
Justin Tomlinson
This will have to be the last intervention, because I have a lot to say and not long to say it, and I do not want to be criticised for missing things.
Jess Phillips
I just wonder what the jobcentre will do when it discovers, as we have all done, that those local partnerships lead to a dead end because the services are no longer there.
Justin Tomlinson
We will be looking at that. I understand the hon. Lady’s point. I want to engage with the experts—the ManKind Initiative, Women’s Aid and Refuge—to look at it and identify the problems. I am not in charge of UC; I am in charge of trying to make it better for those with complex needs, including victims of domestic abuse. That is a real priority for me.
I welcome the work of the Work and Pensions Committee and the fact that its report states:
“Since 2010, the Government has begun to make great strides in tackling domestic abuse… It has also demonstrated a clear commitment to being more supportive of survivors of domestic abuse.”
Although we are not everything, we play an important role, and I take that seriously.
I am conscious of time, so let me address the specific point about split payments. I welcome the fact that Scotland wishes to try them. As it stands, anybody who is a victim of domestic abuse can be given a split payment. I accept the point that there are then challenges—not unreasonably, the hon. Member for Midlothian said that the current recipient would notice that it was potentially half of the income. We need to look at Scotland because we have to learn from the test and look at the unintended consequences.
Those groups that campaigned for a split payment do not agree on how to split it. It is not the case that everybody would simply do it 50:50. If the state arbitrarily says that somebody should have 70% and somebody else should have 30%, that could have unintended consequences. That may not mean that it is not the right way to do it, but it is why we have committed to give support to the Scottish Parliament to do its pilot. The pilot will cover a sufficiently large area for us to draw good information from it and decide whether split payments are the way to go or whether—because of unintended consequences, and despite the good intentions—they are not.
The answer to the specific question of whether the Scottish Government have introduced suggestions on how to do split payments or a plan for legislation is, “Absolutely not.” I suspect, in their defence, that that is because the issue of how the payments are split is so complex. However, they will get our full support to make whatever they do work. Just to be clear, the principle of having household income is not new to UC; it has been the case for legacy benefits since the dawn of time. That does not mean that it is right, but we will look closely at the Scottish Government.
Justin Tomlinson
No, because I have only one minute left.
It is a shame that this debate was not a longer one in which hon. Members could have expanded on the points they made today in interventions. However, there is a real commitment from me as the Minister that we will work with the experts and the Scottish Government to see whether lessons can be learned from their pilot. In the immediate future, we are looking at what will happen and what we can do to identify and support those who are in danger of domestic abuse or are current victims of it, so that we can do our bit. It is an issue that the Government take very seriously and will continue to push, not just in this area but through the forthcoming domestic abuse Bill. I pay tribute to the hon. Member for Midlothian, who has been a dedicated worker in this area.
Question put and agreed to.
Work and Pensions
Justin Tomlinson Excerpts(5 years, 7 months ago)
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Chris Stephens (Glasgow South West) (SNP)
It seems clear that the will of the House is that a child who has lost a parent should not be penalised because of the marital status of the parents. Does the Minister intend to carry out an equality impact assessment of this benefit?
Justin Tomlinson
Actually, as part of the commitment to bringing in the new bereavement payments, we will do a full impact assessment, which will be shared with the House. One of the key changes is the additional £1,500 in the initial payment for those in a marriage or civil partnership who had children. We understand the importance of making sure that those with children get additional support.
[Official Report, 5 September 2018, Vol. 646, c. 193.]
Letter of correction from Justin Tomlinson:
An error has been identified in the response I gave to the hon. Member for Glasgow South West (Chris Stephens).
The correct response should have been:
Justin Tomlinson
Actually, as part of the commitment to bringing in the new bereavement payments, we will do an evaluation, which will be shared with the House. One of the key changes is the additional £1,500 in the initial payment for those in a marriage or civil partnership who had children. We understand the importance of making sure that those with children get additional support.
Child Support (Miscellaneous Amendment) Regulations 2018
Justin Tomlinson Excerpts(5 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
On 12 July 2018, Official Report, column 47WS, I made a statement to the House about laying the child support regulations.
I wish to give notice that I intend to re-lay these regulations to clarify some minor points in regulation 2.
These are that:
The non-resident parent (NRP) can be either the sole, or one of a number of beneficiaries to an asset for the purpose of assuming a notional income from it.
The Secretary of State would make the decision as to whether the sale of an asset would be unreasonable or may cause hardship to the child of a NRP.
A minor amendment to the definition of virtual currency; and
The definition of asset will now include assets owned jointly by, or held in the joint names of, the non-resident parent and another individual or individuals. This is to ensure that a provision which was intended to offer protection to third parties cannot be exploited by an NRP by transferring assets into joint names.
The regulations are subject to the affirmative procedure and I look forward to discussing them with colleagues in due course.
[HCWS956]
Funeral Poverty
Justin Tomlinson Excerpts(5 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
It is a pleasure to serve under your chairmanship, Mr Streeter, in today’s very important and very timely debate.
First of all, I pay tribute to the hon. Member for South Shields (Mrs Lewell-Buck), who has been a long-standing campaigner on, and is highly respected in, this incredibly important area. Honestly, I am new as a Minister and I must stress that despite the plea of my hon. Friend the Member for South Holland and The Deepings (Mr Hayes) that I should be allowed a power grab, this is an area of responsibility that is split across the Department for Work and Pensions, where I am a Minister; the Ministry of Housing, Communities and Local Government; the Ministry of Justice; and the Department of Health and Social Care. So I am afraid that I personally cannot commit to all of the asks today.
Nevertheless, I will set out and make very clear—I do not have a pre-written speech; I have been listening very carefully to what has been said—some of the things that are being done, some of the things that are in train, where I think we can go further, and what we need to do as we work together on this incredibly important issue.
In her very measured speech, the hon. Member for South Shields made a number of key points, which were also made by many others, particularly on the lack of clarity in discussions around eligibility, the whole stress of the process and the actual value of support that is available.
My hon. Friend the Member for Southend West (Sir David Amess), who has been another tireless campaigner in this area, also highlighted the stress involved in the process, particularly around the eligibility criteria, and then the potential gap between the support that is available and the costs for things that many people feel are required. He also expressed some concerns about the pre-plans and the scrutiny of the industry. Again, I will cover those issues later.
As for the hon. Members for Airdrie and Shotts (Neil Gray), for Glasgow South West (Chris Stephens), and for North Ayrshire and Arran (Patricia Gibson), I am genuinely very interested in the changes that the Scottish Government will potentially make. I will look very carefully to see whether lessons can be learned there and again they made valuable points about funeral plans and scrutiny, which I will cover when I am further along in my speech. Also, the Scottish National party’s spokesman—the hon. Member for Airdrie and Shotts—highlighted the fact that we have worked together and we are in mutual agreement in many areas, and I hope that this issue will be one that we can continue to work on.
I thank my hon. Friend the Member for South Holland and The Deepings for the question he put at Prime Minister’s questions last week; that was advance lobbying, even before we begin our lobbying in particular areas. He was right to highlight that expectations have changed; I spent much of the summer making visits, including to funeral directors, and that message very much came through. Actually, as part of some of our long-term solutions, that also presents an opportunity, because there has been a change in expectations and there is now much wider scope for people to pay their respects as they wish to. He was also absolutely right to highlight concerns to do with funerals and public health; again, I will come on to that point later.
I thank the hon. Member for Strangford (Jim Shannon) for his very kind words. As ever, he contributed by giving a measured and sensible summary of the situation, which shows what a proactive campaigner he is here in Parliament in reflecting the views of his constituents. However, he made a mistake by saying that two things are certain in life—death and taxes. In fact, three things are certain: death; taxes; and his contributing to a debate. [Laughter.]
Mr Hayes
By the way, Mr Streeter, I am delighted to serve under your chairmanship as I contribute to this debate, and I should have said so earlier.
I will forgive my hon. Friend the Minister for not calling me “right hon.” if he will agree to meet me to discuss this issue further. Would that be a fair deal?
Justin Tomlinson
I thank my right hon. Friend for that request, in response to which I say, “Fear not. Hang on”; I will be covering it as part of the things that I will address going forward.
We have discussed the three elements of support that are available. First, and predominantly, there are the funeral expense payments for the necessary costs, which can be accessed by those who qualify for benefits such as income support, state pension credit, income-based jobseeker’s allowance, the disability or severe disability element of housing benefit, income-related employment support allowance, the element of working tax credit, universal credit and support for mortgage interest. As I had to read out that list, I absolutely accept the point about what is often the confusion over eligibility; again, I will come on to that.
Secondly, there are the funds available for the additional expenses. However, it has been highlighted that the figure involved has not changed since 2003, so a number of Governments have had to wrestle with that decision. Nevertheless, I understand that that is an issue that has been raised by all those who contributed today. Thirdly, there are the social budget loans. Support is also available to working-age people through the bereaved payment support, a new benefit whereby we increase the initial payment with the potential for that money to be used for funerals, if claimants needed or wished to use it in that way.
As I have said, this issue is cross-departmental, but work is already going on. In June, the Competition and Markets Authority announced its investigation of this industry. I think we all welcome that. The CMA will look at the whole process, including its transparency—or lack of it—and fairness. Actually, I learned through my visits this summer that there is no regulation at all in this area—any one of us could set up as a funeral director tomorrow. I am not sure that that is a great thing.
Justin Tomlinson
I thank the hon. Gentleman for that intervention, and that is on the list of things that I will look at.
We must also focus on the quality and the standards of funerals. I accept the point that my right hon. Friend the Member for South Holland and The Deepings made, when he said that people do not necessarily shop around for funerals. Again, on my visits this summer, I was told that it is often the case that people go to the same funeral director that everyone else in their family has ever used, so that the relationship is built up. In this area, it is not necessarily an empowered consumer shopping around and using their buying power—I 100% get that.
Nevertheless, the CMA investigation is important as it will shape our work going forward. We expect the interim report in November and the final report next May. This investigation will be integral to our work in the future, because it is a comprehensive review of what is happening out there in the market.
Also, the market is responding, which is a good thing. Both Dignity and the Co-operative, two of the biggest players in the market, have started to offer more affordable basic funeral packages; that is a great step. Following the CMA investigation, the onus will be on us as to how we can make such basic packages more of a given and build on them; that is a really important area for us to look at. The Royal London national funeral cost index has also been doing lots of investigations, and I will meet Royal London later in the year.
We have already made some vital improvements.
Mrs Lewell-Buck
I thank the Minister for giving way and I am sorry that I did not welcome him to his new position; it is hard to keep up with things here these days, with reshuffle after reshuffle. Before he moves on to say what is coming in the future, can he update me in relation to a point I made in my speech? I asked what had happened to the discussions that I was promised two years ago about working with the sector to develop a simple funeral.
Justin Tomlinson
I thank the hon. Lady for that intervention. That is ongoing work, but we felt that we needed additional evidence. I understand the importance of getting these things done, although I am relatively new to this role. However, we needed the information from the CMA to give us the ability to make informed asks, in respect of what we expect of the industry and what more we can do to empower the industry to deliver more affordable options. Perhaps then we can see areas where the Government can consider the public health aspect of funerals, as was raised in the debate, and also what local government can do. I understand the frustration, I absolutely do, and my commitment, as I am trying to demonstrate, is that we will do a lot more.
We have extended the claim period from three to six months. That is a welcome measure. We have exempted contributions from relations, friends and charities, which is also welcome. On the key bit about people not understanding, we have already made a start by introducing a helpline, about which we have had fantastic feedback. It is really important to try to give people more information and there is a lot more to be done in that area. People do not receive the ultimate decision until they have either signed a contract saying, “This is what I want to do”—but it is people’s nature to often change what they want—or until the funeral has taken place, so I understand the important point that more needs to be done on that issue. I will continue to meet and work with the industry, utilising its expertise and that of any colleagues here who wish to be engaged following both the interim and final CMA reports. I would welcome such contributions.
Mr Hayes
I can tell from the Minister’s tone that he really appreciates the issue and is determined to do something about it, and I thank him for that. I probably complicated my question earlier. Will he meet a small delegation of colleagues—he clearly knows the people concerned—perhaps following the interim report, to look at how we take this further?
Justin Tomlinson
I am absolutely committed to doing that and am happy to do so. The Treasury is investigating pre-planned funerals. The matter is not in my area, but we welcome the work and will carefully consider the outcomes. We absolutely need to continue to make the forms simpler—we have done a lot on that but there is more to do—and the whole process quicker.
Neil Gray
The benefit is to be devolved to Scotland and rolled out next year. We are looking at eligibility for funeral payments but it is still to be firmed up. Is the Minister considering the eligibility criteria concerning those relatives who have the capacity to pay but with whom the next of kin, who gets the funeral bill, might not have any relationship? That is certainly something that has prevented someone in my constituency from being able to access funeral assistance. It is a complicated matter, but Ministers need to look at it.
Justin Tomlinson
Part of the main reason why the issue is so complicated is because it is to do with qualifying relatives’ next of kin, and we are constantly looking at that. I very much hope that the hon. Gentleman will be part of the roundtables as we further consider the matter.
On the children’s funerals front, I join the tributes paid to the hon. Member for Swansea East (Carolyn Harris). I have enjoyed working with her on this and a number of other campaigns. She is a real credit to Parliament, on this and other matters, and I think we all welcome the improvements that have been made. It has been demonstrated that where the Government have been able to look at the matter practically and constructively we have responded, and rightly so. In addition to the ongoing work with the forms and the helpline, and with providing information, we are also supporting the private Member’s Bill on parental bereavement leave and pay for parents.
I understand the concerns raised about public health funerals. I too have heard stories about people not being able to pay their final respects, and about the length of time taken and the confusion during what is an incredibly distressing period. Although that is not a matter for the DWP, it is all part of the same thing, and I am keen, as we get all that information back from the Treasury and the CMA, that we drive forward really important changes.
I thank all the speakers in what has been a really helpful debate. It is also very timely, with the report due soon, and I look forward to working with many Members here on this important subject in the future.
Equalities Legislation: Guide Dogs
Justin Tomlinson Excerpts(5 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
It is a pleasure to serve under your chairmanship for this important debate, Sir David, and to respond to my hon. Friend the Member for Cheltenham (Alex Chalk), who is a tireless champion of his constituents and one of the best parliamentary speakers. Time and time again, he picks up incredibly important and relevant topics and champions them in Parliament, which genuinely makes a difference. This issue is predominantly covered by the Ministry of Housing, Communities and Local Government and the Home Office, but it is with great pleasure that I respond as a former Minister for Disabled People and someone who has been personally active in connected issues. It is great to see such a turnout of MPs from across the House who are determined to see improvements in this area despite this being only a 30-minute debate.
My hon. Friend has been active on this issue for a number of years, and it came across in his speech that he is aware of all the challenges and opportunities. He delivered his case in a measured way. He was proactive, and he recognised that such situations, which we all want to prevent, are sometimes complex and—more often than not—unintentional, coming from a lack of awareness and understanding, and there are ways in which we can look to make improvements.
During my time as the Minister responsible for disabled people I was asked to appear on “Watchdog”—I love it. I was very excited; I was star struck. I was not allowed to see the footage, but I was told it was to do with access to venues. I then saw the footage live on air, and I was shown examples of problems with access, such as when managers in restaurants had turned the disabled toilet into an office, with shelves of books and filing cabinets in the toilet that people were expected to use. There were also examples of issues with assistance dogs. I was horrified and pledged that we needed to do more.
I organised a roundtable with representatives of the hospitality industry, and the key message was about that lack of awareness, particularly when a company has a regular turnover of employees. There were some good organisations that did training, but their staff changed over very quickly and that awareness needed to be embedded in the culture. We were able to get senior representatives from many major chains to engage, partly because if they did not turn up I was going to name them—always a good way—but I was encouraged by their willingness to do that. I was also delighted to champion the campaign by Tourism for All, “Tourism is for Everybody”, which aimed to help tourism businesses ensure a positive experience for every individual. That is vital. Not only is it completely unacceptable in 2018 for disabled people with guide and assistance dogs to be turned away from shops and restaurants—unless there is a very good reason for doing so—but it is also unlawful and makes little economic sense.
One in six people in this country have some form of disability, and their combined spending power, referred to as the “purple pound”, is estimated at £249 billion per annum. Businesses need to start waking up to that and tailor their accessibility to the needs of disabled customers, not only because that is right and a legal obligation, but to maximise the business opportunities that that will bring. It is a win-win situation.
Stephen Lloyd
I entirely endorse every word the Minister says, and I have been saying such things probably for 20 years. Despite the fact that legislation has been in place for many years, I am genuinely shocked that the number of people with assistance or guide dogs who are turned away or discriminated against in restaurants or similar places has increased significantly over the past couple of years. There must be a reason for that, and I suggest it is because it is difficult for people to access legal remedies in such situations.
Justin Tomlinson
I thank the hon. Gentleman for that point, which goes to the heart of some of the points raised by my hon. Friend the Member for Cheltenham. The onus should not be on the individual to go through complex and difficult legal channels; perhaps that should be a given and should be enforced—I will cover that point later in my speech.
It is more than 20 years since Parliament first built on the Disability Discrimination Act 1995 by introducing a duty on employers and service providers to make reasonable adjustments for employees and service users. That duty is now enshrined in the Equality Act 2010, and includes a requirement to provide or allow for auxiliary aids, including animals, for disabled people, to avoid their being put at a substantial disadvantage compared with people without disabilities. I very much recognise, however, the concerns raised by my hon. Friend the Member for Cheltenham and in interventions, and we must consider this issue.
Part of the potential solution, and one suggestion that has been put forward, is that we could, in effect, replicate the enforcement that takes place in the taxi trade. Such enforcement includes criminal sanctions in which the police will get involved, and a licensing team that will take such issues into consideration. I understand why my hon. Friend would like a more hard-hitting approach, because without that we would not be having this debate. The Government are absolutely committed to reviewing access for disabled people and, if necessary, to amending regulations to improve disabled access to licensed premises, parking and housing. We are receptive to the points that have been raised today.
There have been calls for the licensing of venues and premises by local authorities to include certain conditions that relate to the satisfaction of reasonable adjustment requirements, or for repeat offenders who have refused entry to people with assistance dogs on more than one occasion to have to change their ways to renew their licence. I believe the Home Office considers that there may be some challenges to doing that, but it has committed to improving disabled people’s access to licensed premises as part of the alcohol strategy currently under review. That work will include understanding the scope of the challenges facing disabled people, and possible practical solutions. Everything that has been raised today will be fed into that, and I will ask my Home Office colleagues to meet my hon. Friend and talk through his proactive and very measured suggestions.
Janet Daby
On local authorities becoming more engaged and having more responsibilities, since 2010, Lewisham East has seen cuts to local government of £165 million, and we have halved the size of the council. Does the Minister agree that we need to invest in our local authorities and local government to fulfil duties such as the ones he mentions?
Justin Tomlinson
I strongly suggest that the hon. Lady’s local authority talks to that of my hon. Friend the Member for Angus (Kirstene Hair) about how it has been able to share best practice proactively. We can all learn lessons from that.
Part of the work of reviewing the alcohol strategy will involve engagement with the Office for Disability Issues, bringing in its expertise and network of support from various disability charities to scope out the work and understand how best to engage formally with disabled people’s organisations and other representative groups. I am very encouraged by the Government’s move on that important issue. We also welcome the current inquiry by the Women and Equalities Committee into enforcement of the Equality Act 2010. That is timely, as it links into our commitment to improve and strengthen the enforcement of equality laws, so that businesses that deny people a service are properly investigated and rightly held to account. In conclusion, this has been a constructive, helpful, timely and measured debate, and all suggestions made will be filtered through. It is a priority for this Government to improve the situation, and I thank all hon. Members for their support in this vital area.
Question put and agreed to.
Widowed Parent’s Allowance
Justin Tomlinson Excerpts(5 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
With permission, Mr Speaker, I will make a statement on widowed parent’s allowance.
Widowed parent’s allowance is paid to families in receipt of child benefit where one parent’s husband, wife or civil partner died prior to 6 April 2017. It was replaced after that date by bereavement support payments, which are now paid by the Government to families who find themselves in the same unfortunate circumstances. New claimants have no eligibility for widowed parent’s allowance.
Last week the Supreme Court ruled that the primary legislation that governs widowed parent’s allowance is incompatible with the principles of European human rights law, as the benefit precludes any entitlement to widowed parent’s allowance for a surviving unmarried partner. We are in the very earliest stages of carefully considering the full implications of that ruling. Officials at the Department are working closely with their counterparts in Northern Ireland to examine the judgment and what our next steps should be.
However, as the House will be aware, only Parliament is able to change primary legislation. Lady Hale ruled:
“A declaration of incompatibility does not change the law: it is then for the relevant legislature to decide whether or how it should be changed.”
The Court’s ruling therefore does not change the current eligibility rules for receiving bereavement benefits.
I remind the House that the question of opening up bereavement benefits to cohabitees was debated and decided against in this place during the passage of the Pensions Act 2014, which introduced bereavement support payments, the successor to widowed parent’s allowance. It is worth noting that restricting bereavement payments to claimants who were in a legal union with the deceased has been a consistent feature of bereavement support in order to protect and clarify the entitlement. Other contributory benefits linked to national insurance contributions also contain special rules for claimants in a legal union.
A legal union gives the surviving spouse the right to claim state benefits derived from their deceased partner’s national insurance contributions. This principle provides a clear threshold for determining who can be provided for from a deceased person’s NI accumulation, and it serves to promote the institutions of marriage and civil partnership.
As I have stated, we are carefully considering the Court’s judgment and how the Department should proceed in light of it. When we have looked at all the options, I will come before the House to update Parliament further.
Margaret Greenwood (Wirral West) (Lab)
Last week the Supreme Court ruled that the denial of widowed parent’s allowance to surviving unmarried partners with children is incompatible with the law, in upholding the appeal of Siobhan McLaughlin, who lived with her partner, John Adams, and their four children for 23 years until John died in January 2014. I thank the Minister for advance sight of his statement, and I pay tribute to Siobhan McLaughlin and her family for their courage in pursuing this important case. Unmarried bereaved parents should not be subject to discrimination because of their marital status; to put it simply, their children’s needs are the same. The Supreme Court said:
“The financial loss caused to families with children by the death of a parent...is the same whether or not the parents are married or in a civil partnership.”
The financial support provided by the state can be vital to a family who are already grieving for their loss and who may also be facing financial hardship because of diminished income.
The judgment relates to legislation in Northern Ireland, but unmarried couples are ineligible for widowed parent’s allowance in the rest of the UK as well, so the principle established by the Supreme Court has wider implications. Bereaved parents are already contacting support organisations, such as the Childhood Bereavement Network, to ask for guidance in the light of the judgment.
The Minister said that the Government are considering the Court’s judgment and how the Department should proceed, but this judgment did not come out of the blue. In March 2016, the Work and Pensions Committee warned the Government that they could be forced to change their policy as a result of this specific case. The Select Committee’s “Support for the bereaved” report, published in March 2016, clearly expressed the view that excluding unmarried couples was wrong. It said:
“Penalising children on the grounds of the marital status of their parents is unjust.”
So what assessment has the Department made of the cost of bringing the legislation on eligibility for widowed parent’s allowance into line with the Supreme Court judgment in the whole of the UK? What assessment has the Department made of the number of families who made a claim for widowed parent’s allowance that was denied because the parents were not married?
The Minister said that restricting eligibility to those in a legal union has been a consistent feature of bereavement support in order to protect and clarify the entitlement. However, although unmarried couples were treated differently when it came to making a claim for widowed parent’s allowance, that does not apply when it comes to the Department ending their claim, because if the surviving partner cohabits with a new partner their claim is ended, just as it would be if they remarried or entered a civil partnership. The Minister said that it was for Parliament to change the law, and he referred to the vote in 2014. That led to the Government introducing the bereavement support payment in April 2017 to replace widowed parent’s allowance and two other bereavement benefits. Yet they decided to continue to exclude unmarried couples, even though both Members in this place and voluntary organisations working in the field called for eligibility to be extended to them. The Department for Work and Pensions itself estimated that 75% of bereaved families with children would receive less support under the new system.
The Government claimed that they were motivated not by the desire to save money but by the need to “modernise” financial support for bereaved families in order to better reflect society. According to the Office for National Statistics, cohabiting couples are the second largest family type and the fastest growing. The number of cohabiting couples has more than doubled, from 1.5 million in 1996 to 3.3 million in 2017, and the percentage of dependent children living in cohabiting couple families increased from 7% in 1996 to 15% by 2017. When the Government introduced the bereavement support payment to “modernise” support, why did they not extend eligibility to unmarried couples? What message does that send to those children about how they are valued by this Government?
Will the Government now act to bring bereavement support payment into line with the principle established by the Supreme Court that bereaved children should not be disadvantaged because of their parents’ marital status? The purpose of financial support by the state for bereaved families is to try to ensure that, as far as possible, families struggling with grief at the loss of a parent or partner should not have to face the additional worry of how they will manage financially. That should surely apply to families regardless of whether the parents were married or not, as the Supreme Court said last week.
Justin Tomlinson
I thank the hon. Lady for her response. As I said in my statement, the Court cannot change primary legislation, and many of the points she raises are the very ones we will be considering, including the potential impacts of any changes that could happen. I will happily update the House on those once we have had the chance to consider them fully.
Many of the other points raised were at the heart of the principles of why we brought forward the new bereavement payments process: it is far simpler and it is a quicker process. We did consider the point about cohabitation, but this is not straightforward, as was extensively debated during the discussions around the time of the Pensions Act 2014, particularly as the regulations were brought forward. That makes this a complex process, because it can be open to interpretation, leading to delays and additional burdens for claimants, particularly at a time of distress. Any extension could trigger multiple claims; a bereaved person may have been legally married to one person but living with a new partner, who would therefore become eligible.
The hon. Lady talked about the new proposals for families with children, but I will challenge her back on that, because the new system is easier and quicker, and the payment is in addition to other household income. It is not taxed or means-tested, and it is not applied to the benefit cap. These are all keys areas that help those with the lowest income, as the principle was based on fairness. We also widened support so that anyone of working age would qualify and younger spouses and civil partners without children would get support. Specifically for those bereaved with children, an additional £1,500 was paid as the first lump sum. In some cases, those families could be eligible for additional benefits, whether through universal credit, child benefit, tax credits or the funeral expenses payment.
Sir Desmond Swayne (New Forest West) (Con)
Whatever the decision of the Court, will the Minister give consideration in his deliberations to the fact that many on these Benches have a preference for our own law made in this House over the provisions of European human rights law?
Justin Tomlinson
I thank my right hon. Friend for his question. Let me reassure him that that has always been the founding principle of contributory benefits, and to our mind it should continue to be so.
Neil Gray (Airdrie and Shotts) (SNP)
I thank the Minister for advance sight of his statement. He said that the Department was only consulting Northern Ireland on the implications of this Court ruling, but this is a UK reserved benefit, so why is that consultation not extending further? He also said that the Supreme Court ruling does not change the law, but the ruling does say that the law as it stands is flawed, so not updating the eligibility rules has the potential to store up further challenge to the new as well as the legacy benefit, given the precedent that has now been set by Siobhan McLaughlin’s significant win. It would be grossly unfair, and surely open to further challenge, if the Minister did not come back to the House to explain how this decision was to be applied across the board, so can he confirm that the work he is now undertaking with the Department is with that end destination in mind, and is not seeking to limit this significant win to just one family?
Justin Tomlinson
I thank the hon. Gentleman for his comments. The Court ruling specifically applied to Northern Ireland, but I understand the point he has made and I would be happy to meet him to discuss wider implications across the UK. On the other points he raised, those are the very things we are considering, and I will update the House once we have the chance to assess them fully.
Sir Mike Penning (Hemel Hempstead) (Con)
I am no fan of the European courts and I am extremely pro-marriage, but we have to live in the modern world that we live in now, and when the Government consider how to respond to this Court ruling, will they look at something called fairness and natural justice? Many people who will have been able to go to work because their partner stayed at home with the children will have then lost their loved one when they were not married. We need to show compassion, while understanding the benefits system.
Justin Tomlinson
I thank my right hon. Friend for that and he raises a fair point. As with any of the benefits we provide for those in need, this is always underpinned by the principle of fairness.
Frank Field (Birkenhead) (Ind)
May I welcome the Minister back to the Treasury Bench, after a very short period with the Work and Pensions Committee? Might I say that there is some disappointment at the fact that more progress has not been made for him to report to the House today. In other areas of social security the cohabitation rule applies and evidence of cohabitation can be male slippers in the home, but in this case we are talking about evidence of children. There is no doubt that this was a stable union. As the right hon. Member for Hemel Hempstead (Sir Mike Penning) said, surely in such cases fairness is not operating.
Justin Tomlinson
I thank the right hon. Gentleman for that. I enjoyed my brief four or five weeks as part of his Select Committee, where he was a formidable, excellent and well-respected Chair. Fairness is the key. In my defence, this judgment was made only last week and it would have been churlish of me to make a rushed decision, as this has very serious implications and we need to consider it carefully. I will return to update the House as quickly but as sensibly as possible.
Richard Graham (Gloucester) (Con)
When I served on the Work and Pensions Committee, under the chairmanship of the excellent right hon. Member for Birkenhead (Frank Field), whose party no longer seems to find room for him, although he remains Chairman of the Committee, we looked at various issues to do with the widowed parent’s allowance. I hope the Minister will look carefully at the recommendations in that report, which tackled the issue of partners and of how income would be treated under universal credit, because there is a question of fairness to address in how widowed parent’s allowance is currently treated.
Justin Tomlinson
My hon. Friend raises an important point, and that is why under the new benefit payments any income that is gained is not means-tested and the benefit cap does not apply to it, to make sure that people are not given money on the one hand that is taken away on the other, and that the most vulnerable people get the support that they need.
Stella Creasy (Walthamstow) (Lab/Co-op)
I have to tell the Minister that I met his predecessors about this issue, because it is clear that legislation written in 1958 should not mean that children in 2018 live in poverty. We have cases of parents having to get married in intensive care units to avoid the humiliation that this legislation entails. Will he learn from Germany, where the money follows the child through orphan pensions and parenting is the requirement, not marriage? Telling parents that they have only 18 months to grieve is hurtful. Telling them that their family does not exist because they did not put a ring on it is unforgivable. I hope that he will take up my offer of a meeting with the campaigners from Walthamstow—women who have been directly affected by this—and I hope we will finally bring the legislation up to 2018.
Justin Tomlinson
I will be happy to meet the hon. Lady and her colleagues. I have worked with her before on several issues, and I am happy to extend that invitation. It is a balance: contributory benefits have always followed the principle that inheritable benefits are based on the concept of legal marriage or civil partnership because that provides legal certainty. I understand the points that have been raised, and we are considering them following the judgment.
Kevin Foster (Torbay) (Con)
I know that the Minister recognises that all such cases involve distressing circumstances as someone has lost a parent, and that legal niceties are therefore not their first thought. When the Government look at this, will they consider carefully a system that is compassionate but also brings clarity, so that people know exactly when they will qualify?
Justin Tomlinson
As I have said, fairness must underpin this. We do not want to have a complex benefit, because it is a very distressing time for people. We want it to be simple and quick and to provide support to those most in need.
Chris Stephens (Glasgow South West) (SNP)
It seems clear that the will of the House is that a child who has lost a parent should not be penalised because of the marital status of the parents. Does the Minister intend to carry out an equality impact assessment of this benefit?
Justin Tomlinson
Actually, as part of the commitment to bringing in the new bereavement payments, we will do a full impact assessment, which will be shared with the House. One of the key changes is the additional £1,500 in the initial payment for those in a marriage or civil partnership who had children. We understand the importance of making sure that those with children get additional support.[Official Report, 13 September 2018, Vol. 646, c. 6MC.]
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
I echo the calls for compassion and fairness when dealing with children affected in this way. I also gently remind the Minister that this is the seventh ruling in the last 18 months against different aspects of the Government’s social security policy. It would be appropriate for the Government to show some humility and listen.
Justin Tomlinson
I thank the hon. Lady, but those are the principles that govern us. The new system that we have brought in provides immediate support; it prioritises help for those on the lowest incomes; and it recognises that those with children, regardless of age, need additional immediate support. We will continue to assess both the ruling of the Court in relation to Northern Ireland and the wider implications of the new benefit.
Stephen Lloyd (Eastbourne) (LD)
I urge the Government to accept the ruling by the Court. Several hon. Members have talked about fairness, and it is a basic issue of right or wrong. Why does the Department take account of cohabiting couples when determining eligibility for universal credit, but deny those same households bereavement support if one of them passes away?
Justin Tomlinson
I would gently remind the hon. Gentleman that it was his former colleague Steve Webb who steered through the Pensions Act 2014, when this issue was extensively debated. The principle of the new benefit is about fairness and delivering quick and immediate support for those most in need.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I too thank the Minister for advance sight of the statement.
My constituent Donna McClelland died on 20 May, leaving two sons, Cian and Danial, and her partner of 24 years, Arwel Pritchard. They were engaged, but they had prioritised buying a house over the cost of getting married. Arwel and Donna put their children’s home first. When will the Government bring forward a review that will console Mr Pritchard and admit that a legal contract is not a precondition for supporting a grieving family?
Justin Tomlinson
May I first express my personal condolences to the family at this distressing time? I understand the points that the hon. Lady makes, and they are being considered. In the short term, I urge hon. Members to look at the other potential benefits that could be offered to support families, including universal credit and tax credits. I will return to update the House fully as soon as I can following the ruling by the Court last week.
Patricia Gibson (North Ayrshire and Arran) (SNP)
In a debate on 2 March 2017 on bereavement support benefit, I pressed the then Minister on the issue of cohabiting couples. I pointed out that they are treated as couples for other benefits such as tax credits, but I was told that extending eligibility to cohabitees would “increase spend” and be “complex to administer”. Despite what the Minister has said about legal certainties, we know that many bereaved cohabitees and their children have lost out because of the UK Government’s reluctance to recognise them as families. In the light of the Court judgment and the hardship caused to bereaved cohabitees and their children, does he agree that the Government should apologise for their inaction and that, as soon as can possibly be arranged, this needs to be corrected retrospectively so that justice is obtained for the people affected?
Justin Tomlinson
This issue was considered at great length in debates on the Pensions Act 2014 and the subsequent regulations. It is not straightforward. How do the Government act as judge and jury in situations in which someone could be living with a different partner? At a time of great distress, the emphasis has to be on providing appropriate and quick support particularly targeted at those in the most need. Following the ruling in the Supreme Court, the points raised will be considered and I will come back as quickly as is appropriate to provide an update to the House.
Alison Thewliss (Glasgow Central) (SNP)
It is an important principle that social security should be a safety net for us all, because we cannot predict circumstances such as the death of a partner or parent, which could happen at any time. Children should not lose out regardless of the marital status of their parents. How much has the Department spent on fighting the decision in the courts, and can the Minister confirm that it has ruled out appealing the decision?
Justin Tomlinson
It is right to highlight that we should provide support, and that is why in the new benefit we have widened the support available to anyone of a working age and to younger spouses and civil partners without children. They will now get support, and it will not be lost when someone moves into a new relationship. We will continue to review the situation following the Court decision last week, and I will fully update the House.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Minister’s statement did not contain the word “sorry”. Following on the question asked by my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson), I will give the Minister an opportunity to say sorry to the individuals affected. Can he also tell us how many of the Government’s welfare and benefit policies have been found to be illegal since 2010?
Justin Tomlinson
As I have previously said, we are considering the Supreme Court ruling. As we have demonstrated, with the introduction of the new bereavement payments we have made it easier to claim, it is paid in addition to other household income, it is not taxed, it is not means-tested and is not included in the benefit cap. We have extended access to it and targeted those most in need. It is that principle of fairness that underlies not just these reforms but all our benefit reforms.
Child Maintenance Compliance and Arrears Strategy
Justin Tomlinson Excerpts(5 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
Later today I intend to lay the draft Child Support (Miscellaneous Amendment) Regulations 2018 detailed in “The Child Maintenance Compliance and Arrears Strategy” consultation response, which will be published on gov.uk later today and the primary effect of which will be the introduction of new powers to:
Vary a child maintenance liability by calculating an assumed income from certain high-value assets.
Extend our existing ability to deduct maintenance and arrears directly from bank accounts, to include joint and business accounts.
Prevent a paying parent from holding or obtaining a passport where all other enforcement action has proved ineffective.
Provide clarity for families about the treatment of the historic arrears that built up on child support (CSA) cases, by:
Seeking representations from clients in cases with non-paying CSA debt about whether we should make a last attempt to collect the debt, where it is cost-effective to do so. Where no representations are received, or collection of the debt is not possible, the debt may be written off.
Writing off non-paying debt where a collection attempt is not cost-effective, and informing clients of this.
Writing off non-paying debt under £65 without notifying clients.
Enable debt subject to sequestration (Scottish insolvency) to be written off when the sequestration expires. This technical amendment will apply to both CSA and CMS cases, as sequestration causes this debt to become legally uncollectable.
These draft regulations are subject to the affirmative procedure and I look forward to discussing them with colleagues in due course.
[HCWS846]
ESA: People with Motor Neurone Disease
Justin Tomlinson Excerpts(5 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
Thank you, Mr Owen. It is a pleasure to serve under your chairmanship, although this has perhaps not quite been the week I was expecting.
I pay tribute to the hon. Member for Liverpool, West Derby (Stephen Twigg), who has been a tireless campaigner on this issue both in his constituency, where he has the honour of being the patron of the local branch of the MND Association, and in his work through the APPG. Over the years, he has been a really strong advocate in an area in which there is a lot of cross-party support for improvement. As a Government, we are very much listening, but I will come on to those points.
I also welcome the members of the audience, whom I briefly met outside the Chamber and who have been supporting this work and showcasing the real difference that is needed right across the system. In particular, I pay tribute to Sandra Smith, who has supported the work of the hon. Gentleman. My hon. Friend the Minister for Disabled People, Health and Work is currently undergoing a grilling by the Select Committee on Work and Pensions. I was meant to be part of that Select Committee and asking questions, so we have done a bit of a swap-over. I spoke to her at length last night, and she is incredibly passionate about this work. She is meeting the APPG next Thursday, with representatives of the national association. I hope that the hon. Gentleman will be able to join that meeting.
Nationally, the MNDA is one of the most proactive and constructive organisations for engaging with MPs of all backgrounds and across the parties and working with the Government. At the heart of many of the improvements delivered since 2010 has been the MNDA, using the real-life experiences of its members to make a real difference. There are 90 volunteer branches across the country and 3,000 volunteers. We can all lobby today, and I would like to lobby the MNDA to recognise how fantastic Heather Smith of the Swindon and Wiltshire branch is. She regularly comes to different events in my office, and I think that she should be part of the association’s head office. There we go—even a Minister can lobby.
I want to acknowledge the seriousness of motor neurone disease. While it is thankfully uncommon, it is disabling and distressing. The outlook for those diagnosed is poor, with life-expectancy significantly reduced for the vast majority. Those who are diagnosed with the condition will inevitably need significant medical support as their health deteriorates, with mobility, breathing and eating becoming progressively more difficult.
Crucially—I have seen this in the meetings I have had—we cannot underestimate the emotional and physical impact that motor neurone disease has on the families and friends of those who live with this condition, and who provide care and support 24/7 to their loved ones. They deserve our thanks and appreciation. I know, having met those carers, just how hard that is. That is one of the reasons that there is universal support for this across the House. We all know that this is something we have to take very seriously.
Since 2010, we have been listening and working constructively together across parties. We have made a number of improvements. In October 2016, it was announced that we would stop requiring people with the most severe life-long conditions to be repeatedly assessed for ESA and UC. We all welcomed that; it was a common-sense announcement. We have been working with external stakeholders and healthcare professionals to devise a new set of criteria, to switch off the reassessments for people with the most severe health conditions or disabilities. Those criteria were introduced on 29 September 2017. The MNDA was and will continue to be part of that process. The hon. Gentleman welcomed that in his speech.
That means that for those placed in the ESA support group and the UC equivalent who have the most severe and life-long health conditions or disabilities, whose level of function will always mean that they will have limited capability for work and work-related activity, and who are unlikely to ever be able to move into work, there will no longer be a routine reassessment. That is absolutely key.
We fully appreciate that some people find the work capability assessment a disruptive experience, so we have designed new guidance for healthcare professionals to ensure that the process of initially claiming or going through a reassessment is as unobtrusive as it can be. We ask claimants to complete an ESA50 or UC50 health questionnaire and provide supporting evidence. Where appropriate, we ask their GP or specialist healthcare professional for further supporting evidence. That means that in the vast majority of cases, where the severe conditions criteria would apply, we expect to be able to make a decision on the written evidence alone, without the need to undertake a face-to-face assessment, thereby reducing pressure on the individual.
We will help gather that evidence. We understand that people will be negotiating challenges at home. We will make contact with GPs and health professionals to help gather that. There has been additional training and the guidance has been rewritten. As I said, the MNDA has been involved in shaping this. The Minister is meeting it again next Thursday in order to continue to look, learn and listen.
One specific question was why not make things condition-specific. I understand that question and I have raised it myself, but not everybody fits neatly into a box with one condition only. The way health deteriorates can be different from one person to the next. Many people can have multiple conditions. That makes it very complicated. We learnt from legacy benefits that, while initially attractive—I absolutely get it—a one-size-fits-all approach too often means that people cannot access the highest rate when they are initially assessed, because it could be early in that journey of deterioration. The reassessments are often triggered automatically, to ensure they are upgraded to the highest level. We want the people who need the support to get the support. They should not be denied that. On the old legacy benefits, people were left on the lower parts, because they had too many challenges in their own lives to put it in their calendar and say, “I must go and do that.” When we get to that point, we have to make it as light touch and common sense as possible. That is why, if we can get the evidence from the GP and healthcare professional, it can be light touch, to ensure that they access the highest rate of benefit to support them as quickly as possible.
Stephen Twigg
I am listening carefully to the Minister. On condition-specific assessment, surely that is what the Government have done—I welcomed it—for those who are newly assessed for ESA. If it can be done for those who are newly assessed, why can it not be done for those who need a reassessment?
Justin Tomlinson
For those in the system, we already have all the evidence we need. We can, therefore, conduct the light-touch assessment internally. For those people on the legacy, however, that would not necessarily have been the case. That is why we would then need to get the final piece of the jigsaw, in terms of the GP and healthcare professional. The expectation is that this should be done through the written evidence provided. As I said, we will help gather that evidence, but we must ensure that everybody—whether they have MND or any other condition—who should be getting the maximum amount of support can do so as quickly as possible.
Stephen Twigg
The Minister said “expectation”. I encourage the Department to go beyond expectation and make that the policy, as the Motor Neurone Disease Association is saying: if there is a letter from the doctor, that is enough and there is no need for further reassessment.
Justin Tomlinson
That is the absolute expectation. In next week’s meeting we will look at how this is working in practice, whether there are things we need to listen to and go further on, particularly in the training, with the health professionals and assessors in there, but as we have demonstrated since 2010, there have been significant changes. Since 2010, over 100 recommendations have been made, following the independent reviews published by Professor Malcolm Harrington and Dr Paul Litchfield. That is making the assessment process more robust, reliable and sympathetic—actually understanding the multiple challenges people face. One of the most important improvements has been the speed increase, to ensure that we can get people on to the maximum support at the earliest opportunity, rather than leaving people under the old legacy system, not on the highest level of support, which they should be entitled to, recognising that people have enough challenges at home, so we need a more responsive system.
It is important to reiterate that the current assessment process provides a fast-track service for new claims for anyone with a terminal illness who has less than six months to live. Anyone with motor neurone disease who meets that criterion would be guaranteed entitlement to benefit, with claims dealt with sensitively, without a face-to-face assessment and under a fast-track process.
Liz McInnes (Heywood and Middleton) (Lab)
I attended the all-party parliamentary group on motor neurone disease this week. There was a doctor there who treats MND patients. He said that it was impossible to put a time limit on how long a person with MND had to live, so the six-month limit makes no sense medically whatsoever.
Justin Tomlinson
This is guided by medical evidence. There is continuing work looking to review this. Health professionals and medical experts helped to shape the definition. I accept that it can be difficult. That is why we continue to work with the MNDA and all the organisations who represent their members, to look at what works. Six months is traditionally what is seen. At that point, when a GP says that they believe—it is not an exact science—that that is the point, the assessment will be fast-tracked within 48 hours.
We recognise that there is more to do. We are committed to assessing people with health conditions and disabilities fairly and accurately, while taking a personalised approach, because not everybody fits neatly into a box. We consulted on the work capability assessment reform in the Green Paper published in October 2016. Although there was widespread support for reform, there was not clear consensus from the stakeholders on how it should work. That comes to the point the hon. Member for Heywood and Middleton (Liz McInnes) just made.
To ensure we get the reform right, we are currently focusing on testing new approaches to build our evidence base. We are also working with external stakeholders to give them the opportunity to inform changes and provide their priorities for future reform. That is exactly why MNDA is encouraged—it is very good at this—to work constructively and proactively with the Government as a whole, and specifically with the Minister, who is passionate about this.
In conclusion, I thank the hon. Member for Liverpool, West Derby for raising such an important topic. I thank the cross-party MPs for their support. They have taken the time to highlight their own experiences on behalf of their constituents. We recognise that this is incredibly important. It is shaping the work the Government do. As a newly-returned Minister to the DWP, I look forward to supporting future improvements.
Question put and agreed to.
Oral Answers to Questions
Justin Tomlinson Excerpts(5 years, 11 months ago)
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Sarah Newton
The hon. Lady raises a very specific case. Of course, I will be very pleased to look into that, but let us be clear: Access to Work is providing invaluable support. It is enabling many more people with disabilities to play their full part in our society, including work. We have recently made a number of changes that have been widely welcomed.
Justin Tomlinson (North Swindon) (Con)
When I ask young disabled people, “If you were the Minister, what would be your No. 1 priority?”, the answer is always to have an opportunity to work and, for some, to run their own business. The NESTA innovative technology fund was one of the most exciting ways to support disabled entrepreneurs, through prize money and matching them up with mentors. Will the Minister do all that she can to help to reinstate this important opportunity?
Sarah Newton
I absolutely agree with my hon. Friend that we should be as ambitious for disabled people as we are for anyone else, and that includes enabling them to set up their own business. He raises a particularly important scheme, but there have been other innovations through the employment allowance and the support that is available through Access to Work. Indeed, Microsoft has just launched a fantastic new fund of £25 million to help with assistive technology and people setting up businesses.