Personal Independence Payment
Justin Tomlinson Excerpts(4 years, 9 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
I would like to update the House on the Department’s progress in making backdated payments to personal independence payment claimants who are benefiting from the MH and RJ decisions of the upper tribunal.
The MH decision changed how overwhelming psycho- logical distress is considered when assessing someone's ability to plan and follow a journey. The RJ decision concerned how we decide whether someone can carry out everyday activities safely or not, and whether they need supervision.
We are committed to ensuring everyone with a health condition or disability gets the support they are entitled to. This is why we have dedicated substantial resource to checking claims, so that we can pay eligible people as quickly as possible. We remain on track to finish this exercise in 2020.
Thanks to our continuous monitoring of the exercise, we know which claimants are most likely to benefit. This now allows us to focus on those cases and to make backdated payments to eligible claimants more quickly. We will write to all other claimants in scope of the exercise, explaining the upper tribunal decisions and how they can get in touch with us if they think they may benefit and want to ask us to review their case.
We have said that we will keep the House updated and I can announce that the Department has today published the third ad hoc release of management information on this exercise: https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared-at-5-january-2020
Since the exercise began on 25 June 2018 (HCWS793) up to 5 January 2020, we have cleared 720,000 cases against the MH decision and 820,000 cases against the RJ decision, with most cases being cleared against both upper tribunal decisions. In total, we have paid £28 million in arrears to 5,900 claimants.
We are continuing to monitor the numbers of revised awards closely and have a comprehensive quality assurance framework in place to ensure we make the right decisions. In addition, my officials and I are always happy to hear of any specific feedback on the exercise.
We have set out new and updated information on the administrative exercise in the updated frequently asked questions. I will deposit a copy of this document in the Library.
I will continue to update the House.
[HCWS104]
Diffuse Mesothelioma Payment Scheme
Justin Tomlinson Excerpts(4 years, 10 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
The Diffuse Mesothelioma Payment Scheme (Levy) Regulations 2014 require active employers’ liability insurers to pay an annual levy, based on their relative market share, for the purpose of meeting the costs of the diffuse mesothelioma payment scheme (DMPS). This is in line with the insurance industry’s commitment to fund a scheme of last resort for sufferers of diffuse mesothelioma who have been unable to trace their employer or their employer’s insurer.
Today I can announce that the total amount of the levy to be charged for 2019-20, the sixth year of the DMPS, is £33.3 million. The amount will be payable by active insurers by the end of March 2020.
Individual active insurers will be notified in writing of their share of the levy, together with how the amount was calculated and the payment arrangements. Insurers should be aware that it is a legal requirement to pay the levy within the set timescales.
I am pleased that the DMPS has seen five successful years of operation, assisting many hundreds of sufferers of diffuse mesothelioma. The fifth annual report for the scheme was published on 6 November 2019 and is available on the www.gov.uk website. I hope that Members of both Houses will welcome this announcement and give the DMPS their continued support.
[HCWS71]
Oral Answers to Questions
Justin Tomlinson Excerpts(4 years, 10 months ago)
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Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We recognise that attending a work capability assessment can be a stressful experience and have put measures in place to address that. Where possible, we will determine benefit entitlement based on written evidence alone.
Debbie Abrahams
Jodey Whiting took her own life in 2017 when her social security support stopped after she missed a work capability assessment that she did not know about. Last week, a psychiatrist said that Jodey’s mental state was likely to have been “substantially affected” by the DWP’s decision.
Last week, Errol Graham’s death was reported in the news. He died in 2018, of starvation. He weighed four and a half stone—again, under similar circumstances. Will the Secretary of State consider, as a matter of urgency, an independent inquiry into the deaths of claimants in these circumstances?
Justin Tomlinson
I thank the hon. Lady for that question; she has been a long-standing campaigner against Labour’s work capability assessment, introduced in 2008. We agree: that is why we commissioned five independent reviews and implemented more than 100 recommendations. Working with the Royal College of Psychiatrists, we are making sure that our frontline staff are fully trained to be in the best place to identify people at risk of suicide.
Philip Davies (Shipley) (Con)
I thank the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Colchester (Will Quince), for his ministerial visit to Macmillan call centre, which is based in my constituency. During his visit, he discussed the idea of people from the jobcentre and others having a dedicated helpline to the call centre so that they could discuss cases urgently. Will the Minister and his team make that a priority?
Justin Tomlinson
Macmillan do fantastic work and engage regularly with both me and the Minister with responsibility for welfare delivery. I am delighted that there was such a productive visit to the call centre, which is making a real difference to people in need of support.
Chris Bryant (Rhondda) (Lab)
I urge the Minister to look specifically at how those with acquired brain injuries are treated in the system. A woman constituent has come to me and said, “I know that I am meant to be using all my energy to try to heal my own brain, but I am having to use it all to go through the welfare system.” Is there nothing we can do to ensure that these people are treated more humanely in the system?
Justin Tomlinson
I absolutely agree with the hon. Gentleman, who, as I know from first-hand experience, has raised this issue repeatedly. We are working with stakeholders, charities and claimants on how we can continue to improve the system, particularly when it comes to gathering evidence, so that we can get support to the people most in need as swiftly as possible.
Gary Sambrook (Birmingham, Northfield) (Con)
Mark Pawsey (Rugby) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We have made improvements to reduce assessments for work capability and personal independence payments. This includes reducing review frequency for pensioners and people with severe or progressive conditions. We are also exploring our manifesto commitment to ensure a minimum award review duration for PIP awards.
Mark Pawsey
I am grateful to the Minister for his remarks, but I would like to tell him about a constituent I met recently who suffers from a progressive condition and is bothered about the frequency with which she is required to provide information, often the same information, on a form that is both lengthy and complex. Does the Minister agree that once an award has been made, the frequency of assessments should be reduced? Might that be considered in the forthcoming Green Paper?
Justin Tomlinson
My hon. Friend has worked hard in this area for a number of years. As part of the forthcoming Green Paper, we will be looking at how we can better use evidence, how we can continue to improve the claimant’s experience, and how we can reduce the need for unnecessary face-to-face assessments through the integrated assessment principle.
Marsha De Cordova (Battersea) (Lab)
The Government’s national disability strategy finally recognises that the assessment process for PIP and ESA is burdensome for disabled people. Given that the Government now admit to the failures of these assessments, given the mental distress that they have caused, and given that more than 70% of decisions brought to an appeal tribunal are overturned and thousands of disabled people have died after being found fit for work, will the Minister now do more than simply lessen the number of reassessments? Will he scrap these unfit-for-purpose assessment frameworks for ESA and PIP once and for all?
Justin Tomlinson
The hon. Lady calls for something to be scrapped while not setting out what the alternative would be. We recognise that when Labour introduced the work capability assessment it needed significant improvement. That is why we had five independent reviews and implemented more than 100 recommendations. We are now exceeding 92% claimant satisfaction with the work capability assessment, and 82% of PIP claimants are satisfied with the service they get. That is why, as a Government, we are now proud to spend an additional £10 billion a year supporting those with disabilities and long-term health conditions.
Steve Double (St Austell and Newquay) (Con)
I often have constituents come to see me who suffer from ongoing conditions that might be considered invisible disabilities. They tell me that the current assessment process does not accurately capture their conditions. Will the Minister continue to keep the assessment process under review, to ensure that it is fit for purpose in assessing people with invisible disabilities?
Justin Tomlinson
My hon. Friend is absolutely right. As we have seen under PIP, 32% of claimants now access the highest rate of support, compared with just 15% under DLA. It is the hidden disabilities that have seen the most significant growth in that regard. For example, with mental health, 33% of claimants now get the highest rate, compared with just 6%—that is five times less—under the legacy benefits.
Zarah Sultana (Coventry South) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
Each UC or PIP application is judged on its own merit, taking into account the information provided by the claimant, and robust quality assurance processes are in place to reduce administrative errors.
Justin Tomlinson
Last year, administrative errors in UC fell from 2.3% to 2.1% in respect of wrong payments. We recognise that this is still a relatively new system, and we will continue to work with claimants, charities and stakeholders to make sure that UC can continue to offer personalised, tailored support to unlock all people’s potential.
Margaret Greenwood (Wirral West) (Lab)
The day after the general election, the Government had the audacity to sneak out the fact that more than 650,000 disabled people lost out financially when transferring from the disability living allowance to PIP, which is 46% of all former DLA complaints. This should not be swept under the carpet, so will the Secretary of State explain why the Government have cut support for more than half a million disabled people?
Justin Tomlinson
The reality is that under PIP 32% of claimants now receive the highest rate of support compared with just 15% under the legacy system—that is worth £15.05 per week—and there are now 257,228 more people benefiting from PIP than did so under the legacy system.
Damian Hinds (East Hampshire) (Con)
UC smooths the transition into work and it smooths progression in work. Since it became the default benefit for newly unemployed people, we have had month after month after month of positive employment news. Is it not bizarre that Opposition Members want to scrap that system and return to the Labour system that saw millions of people either trapped in the 16-hour economy or shut out of work altogether?
Justin Tomlinson
I thank my right hon. Friend for what he says, and it is absolutely clear to someone who visits a jobcentre anywhere in the country: for the first time, work coaches feel empowered to offer personalised, tailored support, working with external agencies to provide as much opportunity as possible. We must remember that under the legacy benefits £2.4 billion per year went unclaimed because the system was too complex for some of the most vulnerable people in society. That was not acceptable.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
Some 45% of disabled claimants in my constituency have, as was mentioned in a previous question, lost out when they have moved from DLA to PIP. I ask the Government: has a target been given to assessment centres to take money off the disabled?
Justin Tomlinson
I can confirm that there is absolutely no target, and on PIP, DLA and attendance allowance combined we are now spending an £6 billion more than we did in 2010 and rightly so.
Marco Longhi (Dudley North) (Con)
Mary Glindon (North Tyneside) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We are committed to ensuring that individuals receive high-quality assessments that are used to decide entitlement. Providers are monitored against a range of measures, including independent audit, to improve accuracy of the advice they provide.
Mary Glindon
Atos, Capita and Maximus constantly fail to meet their targets for acceptable standards of assessment, and many claimants in North Tyneside have suffered as a result. Will the Minister tell my constituents how his Department will remedy such failures and explain why the Government have seen fit to reward those companies with extended multimillion-pound contracts?
Justin Tomlinson
As I have set out in previous answers, we are now spending an additional £6 billion through personal independence payments to support some of the most vulnerable people in society. Under the work capability assessment, we have 92% satisfaction, and under PIP it is 82%. We are ambitious for more and will continue to work with claimants, stakeholders and charities to improve the experience.
Kevin Hollinrake (Thirsk and Malton) (Con)
Mr Philip Hollobone (Kettering) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
These are the figures for the most recent period for which data is available: DLA 69%; ESA 77%; and PIP 76%.
Mr Hollobone
These numbers are far too high, and I suspect that one of the reasons that they are so high is that requisite paperwork is not provided until it reaches the tribunal stage. What can the Minister do to ensure that the paperwork from the applicants is provided earlier ?
Justin Tomlinson
My hon. Friend is absolutely right. It is often the case that additional written and oral evidence is presented at the tribunal stage, which is why we have made significant changes to the mandatory reconsideration stage where we proactively contact claimants to try to assist in gathering that data. We rolled that out halfway through last year. It is now in all the mandatory reconsideration assessments, and we have seen a significant uplift in the number of appeals overturned at the MR stage, and that is a good thing.
Patricia Gibson (North Ayrshire and Arran) (SNP)
Since PIP was introduced, 30,000 people in Scotland have had to undergo stressful appeals, with 21,000 people having to go to court to receive their correct entitlement. Will the Minister’s Department overhaul the PIP assessment so that it works for disabled people, and not against them, or does the Minister intend to wait until Scotland can fix that for itself?
Justin Tomlinson
I have just set out the answer. The hon. Lady does not need to wait. We actually made significant changes last year to gather that missing additional written and oral evidence proactively, making a huge difference, and we will continue to work with claimants, stakeholders and organisations to identify other areas to improve the experience.
Laura Farris (Newbury) (Con)
Daniel Zeichner (Cambridge) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The hon. Gentleman flagged up that issue with me earlier. We are investigating urgently, because that should not be the case.
Shabana Mahmood (Birmingham, Ladywood) (Lab)
Colleen Fletcher (Coventry North East) (Lab)
Justin Tomlinson
We rightly welcome the fact that we are now providing an additional £6 billion to some of the most vulnerable people in society through the PIP system, but we recognise that more needs to be done to gather evidence early. Through the forthcoming Green Paper, we will be looking at how we can work better with claimants to ensure that as much evidence is presented as early as possible in order to get the right decision first time.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Alex Norris (Nottingham North) (Lab/Co-op)
Disability Direct in my constituency has a success rate of more than two thirds when helping claimants to overturn disability-related assessment decisions. Do Ministers not recognise that a welfare system that is so wrong so often is simply broken?
Justin Tomlinson
The proof is in the pudding. Under PIP, 32% of claimants get the highest rate; that figure was only 16% under the legacy benefit. However, we have rightly identified that the majority of people whose cases have to go to appeal are providing additional written and oral evidence, which is why we are now more proactive at the mandatory reconsideration stage. That is already making a significant and welcome difference for claimants.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
The Scottish Government have used 15% of social security that has been devolved to Holyrood to exempt the war disablement pension from the assessment of income, meaning that our veterans get the full worth of that pension in Scotland. When will the Department and the Secretary of State make the same commitment for all social security benefits?
Endometriosis Workplace Support
Justin Tomlinson Excerpts(5 years ago)
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
Thank you, Mr Pritchard. It is a real pleasure to serve under your chairmanship once again for this important debate. I congratulate my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) on securing this debate, which provides an opportunity to discuss this hugely important and overlooked condition.
It is clear that there is overwhelming cross-party agreement, with little to disagree with in the sentiment expressed. I am incredibly impressed with the references to digital engagement and with how most hon. Members who spoke have been personally contacted or have personal experience of the impacts. It was clear to see genuine emotion from people watching the debate, and that is because this genuinely matters.
It has been highlighted that this issue cuts across many Departments. I represent the Department for Work and Pensions, but there is clearly a big role for the Department for Business, Energy and Industrial Strategy in how employers are acting, for the Department of Health and Social Care on awareness and how long it takes to get the correct diagnosis, and for the Department for Education in raising awareness at a younger age, although it does seem that there are positive steps. To ensure that nothing falls between the cracks, my Department recently moved the Office for Disability Issues to the Cabinet Office. We are still responsible, but it is based in the Cabinet Office so that on cross-cutting issues such as this it can be the eyes and ears, making sure that there is a joined-up approach.
I absolutely give a full commitment, on behalf of the DWP, that we will engage fully with the APPG review, to identify areas where we can improve awareness with our frontline staff, and improve how we handle benefits, support and everything that we can possibly do. We will also do everything we can to encourage the other three Departments, which I have no doubt will be just as willing to be proactive in this area. With the APPG’s helpful, constructive, proactive review, using the wealth of experience that is out there, hopefully together we can make a big difference.
Jim Shannon
We clearly welcome what the Minister just said, but as the shadow Minister said, surely there needs to be an understanding in the DWP of what endometriosis is and what its symptoms are, so that that is reflected when considering someone’s benefits. As elected representatives, we sometimes find that that is not the case. How will the Minister ensure that the Department and officials can make that change?
Justin Tomlinson
That is what I am articulating. We want to know that all our frontline staff and systems are taking that on. People are raising concerns that may not necessarily be directly linked to the DWP, although they may be. That is why I want to commit as much as I can to support the review, because if there are areas in which we can improve, we should and will improve in them. There is a genuine commitment.
Louise Haigh
The point about taboos has been raised by many people, and the fact that this condition is so under-researched and given so little airtime because it relates specifically and only to women. I bring the Minister’s attention to the #periodpositive pledge, developed by my constituent Chella Quint, which campaigns against menstrual taboos and asks particularly for all official documentation to explicitly use the terms “menstrual issues” or “menstrual health issues” rather than euphemisms such as feminine and sanitary hygiene.
Justin Tomlinson
That is a really helpful suggestion, which we will make sure is fed in.
Patricia Gibson
I welcome what the Minister said about the DWP looking at how it can raise awareness of the condition for frontline staff. Does he agree that it is important to look at how sick pay works? Given the recurrent nature of the condition, it often has a financial cost to women in days lost to sickness. Will he commit to looking at whether endometriosis can be accommodated?
Justin Tomlinson
I will come to that in my speech, so I ask hon. Members to be a little patient. I will cover most of the points raised.
When, of the four Departments, my Department and I were selected to respond to the debate—one of four Ministers could have been selected to respond—my initial reaction was: do I know much about this? I was contacted by a former employee, Kamya Gopal—she is happy for me to name her—who had this condition. When I employed her, we had had a conversation and made some relatively easy changes that involved being sympathetic: she had to go for short-notice GP appointments; we took into account a need for urgent toilet breaks when doing visits, making sure we were not too far away; and we took things on a day-to-day basis. For a reasonable length of time, no changes were needed. Sometimes they were, and we just accepted that, and it worked. The key thing is that it was easy for me to make those changes, and I as an employer benefited, for four years, from a really valuable member of my team. It was a win-win from having the confidence to have that conversation. She made it clear to me—this has come across clearly in hon. Members’ speeches—that it affects everyone differently. For her, it is a family trait, but they all have different symptoms and challenges to overcome. It all comes down to having that conversation.
Linked to that, another impact is the need to use disabled toilets. Kamya has a RADAR key—it is a hidden disability—and recently someone challenged her for using the disabled toilet. She had to explain, which was embarrassing for her and for the lady who challenged her. That is why I pay tribute to the hon. Member for East Lothian (Martin Whitfield), who has been championing Grace’s sign, which is fully supported by my Department, to raise awareness of hidden disabilities and hidden health conditions and avoid those confrontational, embarrassing situations.
It is important that people with health conditions get the support that enables them to stay in work, and productive in work. Such support is wide-ranging and relies on employers being open to discussing health matters with their employees in a respectful and constructive way.
I am on my fifth Secretary of State as a Minister in the DWP, and I have many roundtables with different stakeholders. We were talking about disability employment yesterday, and it was interesting how there has been a shift in focus to ensuring that people do not drop out of work due to disability or a health condition. Collectively we must do much more in that area. I am encouraged that there is increasing awareness and recognition of hidden disabilities, and hidden health conditions in particular. There is still a huge way to go, but there is a willingness in society to do better.
Endometriosis is a serious condition; we have heard about the ways that it can be debilitating. For the estimated one in 10 women in the UK who suffer, the condition can have a huge effect on their daily lives, including their ability to work to their full ability. As the examples quoted by various Members today show, diagnosis is not always straightforward. Problems arise because symptoms can vary significantly, and because diagnosis tends to require invasive procedures. I do not profess to be a health expert, but it is clear that because endometriosis is seen as a taboo, that will impact on the ability to diagnose and provide support. Members have spoken powerfully about how we have to do much more in that area.
The challenging nature of the condition is recognised within the health system, which now has specialist training. NHS England has developed a service specification for severe endometriosis under the specialised commissioning area of complex gynaecology. That is a good step. It is the beginning of the journey and we will have to see what difference it makes, but I am encouraged that it is starting to happen.
Through these measures diagnosis and treatment should improve, but we must also consider the effect on the ability to work. A survey by investment firm Standard Life found that one in six women with endometriosis report having to give up work because of the severity of their symptoms, with almost all—some 87%—reporting that the condition affected their financial position in some way.
Individual women feel the harmful effects, but employers and the economy as a whole lose out. The leading charity, Endometriosis UK, has estimated that the total cost to the economy of the condition is £8.2 billion; the cost from loss of work is a key contributor to that figure. As outlined in the Work Foundation report, such an impact means that the days of dismissing topics such as these as “women’s issues” are long gone. We know that both the health and work landscapes must be more aware of the condition and its symptoms, for the sake of the women who suffer from it and in order to build a healthier and more productive society for all.
One way that people in work are protected is through the Equality Act 2010, which is the principal means through which disabled people are protected from discrimination in Great Britain. Other than for a very few exceptions, the Act recognises a disability by the impact on the person’s life rather than by the condition itself. Importantly, that means that women with endometriosis are protected by the Act if their condition has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. I recognise the points that have been highlighted about how we need to improve the awareness and the enforcement of the Act, and about wider support. I will come on to some of the work in that area.
Individuals are also protected in law against unfair dismissal. While those legal protections exist, sufferers continue to face barriers to work and barriers in the workplace, as we have heard. More must be done to raise awareness of hidden conditions. Workplace cultures must adapt to spread understanding of the importance of supporting individuals with health conditions and the value of open discussions about health in the workplace.
Alec Shelbrooke
Can my hon. Friend pick up on the specific point that was raised about HMRC by myself and the hon. Member for Livingston (Hannah Bardell)? I absolutely agree with what he is saying, but it seems like an easy starting point to address that point with a Government Department.
Justin Tomlinson
Yes, absolutely. HMRC has been named and shamed in this debate; we will make sure it is made aware of that. I hope and expect that it will act to improve on that.
Hannah Bardell
Will the Minister guarantee that no employee of HMRC. or any other Government Department. who has spoken out or contacted their MP will be persecuted or disadvantaged in any way in their place of employment? Because of the treatment she had experienced at HMRC, the constituent who contacted me was concerned that she would be putting herself at further risk if she were to be named. That is why I have not named her. Can he give me that guarantee?
Justin Tomlinson
That is absolutely understood. It is underpinned by the Equality Act 2010, which protects workers in the workplace.
Unfortunately, as highlighted, there remains stigma and taboo attached to discussing health issues that affect women. I think my hon. Friend the Member for Thurrock (Jackie Doyle-Price) said that she was pleased to see so many men contributing or responding in this debate. I recognise that that is important. I also welcome the recent media focus on endometriosis, which has begun to break down some stigma and taboo. There is still a long way to go. This debate alone highlights the need to do more. Women, particularly young women, must know that they do not need to suffer in silence. This is one of the few issues that unites us across parties; those who have campaigned on this issue should take credit for helping to secure that cross-party support.
I find cause for optimism in parallels with work supporting other hidden disabilities, such as mental health issues, where we have been able to raise awareness. There has been a desire in all parts of society to improve what we can do. We need to replicate that with this condition in light of the concerns that have been raised.
The Government’s main role is to create conditions in which employers can do the right thing. In mid-July we published a consultation on proposals to reduce ill-health-related job loss, called “Health is everyone’s business”. The consultation closed on 7 October, but I will try to make sure that everything that has been raised today is fed into that. There were some helpful insights.
The proposals covered a range of areas, such as changes to the legal framework to encourage employers to intervene early during sickness absences and provide workplace modifications; the reform to statutory sick pay, which many Members have highlighted as an area of particular interest; and better provision of information and advice to employers on health issues in the workplace, which is important to me.
We often think about big businesses that have HR and personnel departments. As long as the key decision makers at the top can be convinced about what their organisation should be doing, there are professionals who are comfortable making sure that that is embedded in the culture of the organisation. As an example, I pay tribute to John Lewis & Partners; I spoke at an event in Parliament last week about its provision of good in-work health support for its staff.
However, over 50% of private sector jobs are in small or medium-sized businesses. With the best will in the world, they do not have HR or personnel departments, so we must do far more to ensure that they have information and to signpost them to organisations and groups that can provide the next level of support. I want to see that delivered through the Health and Safety Commission. We are brilliant at supporting safety in the workplace; we have to have the same approach on health and on improvements to the quality and accessibility of occupational health services. These proposals do not name and target specific conditions, but they will reduce ill-health-related job loss across the board, which will benefit those suffering with endometriosis.
I again thank my right hon. Friend the Member for Elmet and Rothwell for highlighting the powerful words of many of the people who contacted him. I know that, with over 2,000 responses, he had a lot to choose from. One response that articulated the value of flexibility particularly well said:
“You don’t know how your pain is going to be that day. You could be absolutely fine, or you could be crippled.”
Being able to adjust workload on a given day, or to choose to work from home, will enable women who experience fluctuating symptoms like that to stay in work.
The Government are committed to showing employers the business case for this flexibility, and to showing that a more productive and engaged workforce, with better retention, will be the end result. I say that with genuine passion. I have employed many people with health conditions and disabilities, and I have benefited from that.
I have been grateful for the opportunity to address the issues raised. Endometriosis is a condition that we all need to take seriously, and those with the condition need all the support they can get. I trust I have been able to offer reassurances to hon. Members about the support and protection available, and about the measures that this Government are taking to support and encourage employers to support their employees with health conditions and create workplaces where everyone can thrive. We have much more to do. The all-party parliamentary group on endometriosis allows Members who have a real interest, passion and knowledge of this area to contribute. All Departments must take that seriously.
Finally, I pay tribute to all the volunteers who are providing support groups across the country, among our local communities. They are making a real difference, ensuring that people realise they are not suffering alone.
Oral Answers to Questions
Justin Tomlinson Excerpts(5 years, 1 month ago)
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Mrs Madeleine Moon (Bridgend) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
I understand how important it is to support those nearing the end of their life, and I am taking the evaluation forward as a priority. We have made progress on all areas of the work announced by the previous Secretary of State on 11 July. As a next step, we will be holding a workshop event on 29 October to gather key stakeholder views.
Mrs Moon
The Scottish Government have already done this work. They have talked to the medical profession, the third sector and patients. My Bill to implement a system in England and Wales is ready to go. Why are we not pushing ahead? Is this not just delaying the terminally ill from being able to access terminal illness benefits?
Justin Tomlinson
I pay tribute to the hon. Lady, who has been a tireless campaigner in this area, building on her personal and professional experience. I have met with her on several occasions, including as part of this work. We want to get things right. We understand the importance of the issue, and we are doing internal research with clinicians and external research with claimants and stakeholders. We are also looking at international research, which will include what the Scottish Government are doing, and we will be concentrating on the process to ensure that it is improved. This is an important area.
Several hon. Members rose—
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
Thank you, Mr Speaker.
This Government are stringing terminally ill people and their families along. They already have the evidence from stakeholders and from what is happening in Scotland. When will they do what they should for these people and their families and scrap the six-month rule, get implicit consent in place, and make the situation one of fairness and dignity for people who are dying?
Justin Tomlinson
I pay tribute to the hon. Gentleman for his work as chairman of the APPG. We do take things seriously, which is why we are doing this thorough evaluation. We are already working with organisations such as Marie Curie, the MND Association, the Royal College of Nursing, the British Medical Association, Hospice UK, the Association for Palliative Medicine, Macmillan, the Queen’s Nursing Institute and Sue Ryder. We must get the balance right so that those who should be getting fast-track access to support are always prioritised, and we will be doing a thorough evaluation to ensure that we get that right.
Sir Vince Cable (Twickenham) (LD)
Justin Tomlinson
Part of the evaluation is about looking at the whole process, including not only the six-month rule but the process before and after. I believe that there has been a case in the right hon. Gentleman’ constituency, so it would be helpful to have further information on that as part of the evaluation.
Several hon. Members rose—
Grahame Morris (Easington) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We are committed to ensuring that individuals receive high-quality assessments as part of the suite of evidence that decision makers can use to decide entitlement. Providers are closely monitored against a range of measures, including through independent audit, to improve the accuracy of the advice they provide to decision makers. We continually look to improve the efficiency of the assessment process by working closely with providers.
Grahame Morris
I listened intently to the Minister’s response, but my constituent has a series of complex and debilitating medical conditions and had been in receipt of disability benefit since 1994. At 60, when she had expected to retire, the Department for Work and Pensions declared her fit for work. Given that 74% of fit-for-work decisions were overturned on appeal in 2018-19, what confidence can the Minister give my constituent that there is equality and consistency of decisions on work capability assessments and, indeed, that the decision-making process is correct?
Justin Tomlinson
We strive to get the right decision first time, but we have to do much more to speed up the appeal process in the minority of cases where that does not happen. That is why we launched a series of pilots in the spring of mandatory reconsideration centres for both personal independent payment and work capability assessment, to ensure that we proactively gather the additional written and oral evidence that is often presented at the end of the independent appeal process, speeding up the process of ensuring that people get the right decision quickly.
Sarah Newton (Truro and Falmouth) (Con)
I know the Minister is determined to see improvements in how decisions are made. Will he kindly update the House on the progress on introducing a single assessment service, which will greatly help the situation?
Justin Tomlinson
I thank my hon. Friend for raising that. She works tirelessly in this area and is held in great respect by all Members on both sides of the House.
The integrated assessment is looking at how, with the claimant’s permission, we can share the evidence they have already gathered. We know that the majority of successful appeals contain additional written and oral evidence, often because the claimant had previously struggled to get that evidence. If the evidence is already in the system, we should be making it as easy as possible for the claimant to use it a second time.
Frank Field (Birkenhead) (Ind)
Might I meet the Minister immediately after questions to give him a file of photographs of constituents who have failed to get any mobility component, even when they have foot bones coming through their flesh like in the photo I have here, so that we can have an urgent meeting to discuss how the procedure that we all wish to see is not currently operating?
Justin Tomlinson
I would be very happy to meet the right hon. Gentleman, who has a huge amount of expertise in this area. Of those who have transferred from disability living allowance to PIP, there are 144,000 claimants who were not on enhanced mobility under DLA but who now are under PIP.
Sir Desmond Swayne (New Forest West) (Con)
If a 16-year-old’s DLA stops before PIP starts, should not the contractor be made liable for the maintenance of that child until the PIP settlement is determined?
Justin Tomlinson
The two benefits link through together. It is set at 16 to allow time for adaptation, and we continue to work with stakeholders to make sure the process is as straightforward as possible.
Marsha De Cordova (Battersea) (Lab)
Figures recently published by the Department reveal that disabled people are being forced to wait up to 69 days for their mandatory reconsideration for PIP. This process is a barrier to accessing vital social security and, for many, is a deliberate delay to the appeal process. As 85% of MR decisions are upheld, almost three quarters of PIP assessments are overturned on appeal. Will the Minister lay out his plans to improve this failing process, or will he follow Labour’s lead and scrap this unfit-for-purpose assessment?
Justin Tomlinson
The hon. Lady is absolutely right to highlight the need to improve mandatory reconsiderations, which is why we brought forward the pilots in the spring. The pilots are proactively gathering the additional written and oral evidence that was often presented at the end of the independent appeal process, which would sometimes take a year or even longer—that was not acceptable. We have been doing this over the summer, and we are now doing it for all PIP and work capability assessments. I attended a PIP mandatory reconsideration in Cardiff over the summer, and we are seeing some fantastic results because, rightly, we are speaking directly to claimants to ask them why they are challenging a decision. That will make a big difference, and stakeholders warmly welcome it.
Jessica Morden (Newport East) (Lab)
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
Universal credit targets additional support at a wider group than the system it replaces, with a much higher rate for severely disabled people than the employment and support allowance equivalent. Around 1 million disabled households will gain, on average, £100 a month on universal credit compared with legacy benefits.
Jessica Morden
It is shameful that it took the Government 15 months and a High Court ruling to sort out payments for those with severe disabilities, but it goes on. Why does a young constituent with Down’s syndrome who is making a new claim have to wait more than three months for a full payment?
Justin Tomlinson
We continue to work with stakeholders and claimants to make sure the system is improved and can operate as quickly as possible. I encourage Opposition Members to support the £600 million of additional support for the severe disability premium and not pray against those regulations.
Debbie Abrahams
Despite what the Minister says, the reality is that a new claimant on universal credit will be £180 a month worse off as a result of disability premiums not being available. That is in addition to the increasing number of disabled people who are dying after being found fit for work or being refused PIP. When will the Government ensure that disabled people are not discriminated against and are adequately resourced, as they would be under the Labour party’s policy?
Justin Tomlinson
This Government are spending an additional £9 billion per year—a record high of £55 billion—supporting those with disabilities and long-term health conditions. The universal credit rate for the most severely disabled is more than double the equivalent employment and support allowance group rate, at £336.20, compared with a legacy payment of just £167.05.
Patrick Grady (Glasgow North) (SNP)
Steve Double (St Austell and Newquay) (Con)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
We have made significant progress to improve support and have seen the number of working age disabled people in employment increased by over 1 million in the last six years. However, we continue to focus on improving our services for those who use them. This includes the current consultation on measures aimed at reducing ill health-related job losses.
Steve Double
I thank the Minister for that answer. What specific help is available to young people with disabilities to support them into work?
Justin Tomlinson
My hon. Friend is right to highlight this very important area and I am very proud that I helped to champion disability apprenticeships. Through the Access to Work scheme, which is now seeing record numbers benefiting, we saw a 34% increase in 16 to 24-year-olds using it, opening up more opportunities for employment.
Marsha De Cordova (Battersea) (Lab)
The catalogue of the Department for Work and Pensions’ own failings has created a hostile environment for disabled people. Figures released this year show that almost 6,000 people died within six months of being found fit for work. The announcement of the new independent serious case panel lacks any meaningful detail, terms of reference or purpose. Will the Minister confirm whether the new panel will review previous social security benefit deaths, and will he set out what the statement of purpose is for the new independent panel?
Justin Tomlinson
We work all year round with claimants, stakeholders and charities—organisations with real-life experience—to help to improve not only the training but the understanding of all areas of disability and health conditions. We back that with genuine financial support. The Government now spend £55 billion a year, 2.5% of all Government spending and 6% of GDP—a record high, at £9 billion in real terms, to support people with disabilities.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Dr Sarah Wollaston (Totnes) (LD)
The Minister for Disabled People, Health and Work (Justin Tomlinson)
I would be very happy to meet the hon. Lady and her colleague. We are determined to continue to improve PIP—31% of claimants now access the highest rate of support, compared to just 15% under the legacy benefits—but I would welcome any additional information.
Tim Loughton (East Worthing and Shoreham) (Con)
As we have heard, many 1950s-born women have now reached the age at which they expected to receive a pension but are not, and many are struggling. Given that the judicial review is now out of the way, will the new Secretary of State agree to meet me and my co-chair of the all-party group on state pension inequality for women, the hon. Member for Swansea East (Carolyn Harris), to discuss the proposals in the transitional arrangement document we produced? Can she also give us an estimate of how many women are affected in this way and whether they are in work?
Peter Heaton-Jones (North Devon) (Con)
On Friday, I visited the new Barnstaple Work Club, a fantastic initiative giving support to those seeking employment, particularly those with disabilities. Will the Minister join me in welcoming this new initiative and in thanking the volunteers as well as Barnstaple library for hosting it?
Justin Tomlinson
It would be a pleasure to thank those volunteers doing so much to create new opportunities for disabled people, which is something I know my hon. Friend, as their MP, regularly champions, as I have seen at first hand on some very good visits there.
Peter Grant (Glenrothes) (SNP)
Kate Green (Stretford and Urmston) (Lab)
Justin Tomlinson
I thank the hon. Lady for raising that important issue. We have doubled the number of disability employment specialist advisers, and we are ensuring that we do everything in our power to identify claimants who need additional support. That is a real priority for us.
Tom Brake (Carshalton and Wallington) (LD)
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
People with a terminal illness want the choice of whether to work or not, and they should expect help and support from their employer. Does the Minister support the TUC’s Dying to Work campaign, which asks businesses to sign up and promise not to sack employees who have a terminal illness, and will she encourage more businesses to sign it?
Justin Tomlinson
The TUC has done really good work here. We are working with employers to highlight the importance of making those sorts of changes, and this is an area where I am sure there would be cross-party support.
Ronnie Cowan (Inverclyde) (SNP)
There are over 5,700 WASPI women in Inverclyde. Many have worked their entire adult lives. They have paid their dues and they were expecting a pension, not a benefit. If we mucked around with MPs’ pensions in the same fashion, many Government Members would be standing and asking questions. Will the Secretary of State commit to undertaking an impact assessment for all women affected by changes in the state pension age and, once completed, offer a payment acknowledging any disadvantages caused?
Child Maintenance Service: Payment Recovery from Absent Parents
Justin Tomlinson Excerpts(5 years, 1 month ago)
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Peter Grant
I need to make a bit of progress. If I have time later, I will give way to the hon. Lady. I am grateful for her interest in the debate.
Something that has been a major concern for many of my constituents recently is the Child Maintenance Service’s decision to write off debts that somebody has been owed for a significant time. Sometimes that is a relatively small amount of money, but it can open up all the old wounds again if the parent who is owed that money suddenly gets a letter from the CMS after 10 years, having heard nothing from it, as happened to one of my constituents recently.
Another constituent has been asked to agree to writing off a debt of £18,000 that she is owed for the children she has raised on her own. Her children are now grown up, and people could argue that they do not need the money, but the person who owes the money certainly does not need it. I do not think that is acceptable, any more than it would be acceptable for the HMRC to decide not to bother chasing somebody who owed £18,000 of tax. In the case I have referred to, the Child Maintenance Service knows where the absent parent is. It knows where he lives, it knows where he works and it knows his bank account details, so there is no excuse whatsoever not to require him to enter into some kind of arrangement to pay his children the money he owes.
The Minister for Disabled People, Health and Work (Justin Tomlinson)
On that specific point, they will have been contacted. If that information is available and they would like that £18,000 debt to be pursued, it would be, and it would be a priority.
Peter Grant
Interestingly enough, when I contacted the Child Maintenance Service about that specific case, it promised to give us a fuller response by 3 October, so it has about 20 minutes left. If we finish a wee bit early, the Minister might be able to get on to his colleagues and ensure that they honour that. Of course, it may be that they have responded during the time that I have been on my feet.
Far too often, the parent who has the main responsibility for looking after the children physically is left to fight battle after battle with the CMS to get the money that is theirs and their children’s by right. Often, they feel as if the CMS is not working with them, but is almost acting as an obstacle to them. Far too often, when I look through the cases that have come in to my office since I was elected, the final point is that the parent has just given up and feels it is not worth chasing things up. Very often, they can no longer stand the stress of being forced to continue to contact somebody who, quite frankly, they never want to hear from again because of the way that person treated them while they were together. It is not only a tragedy, but a scandal, if somebody is forced to give up the fight for what they are legally entitled to simply because a Government agency has not supported them enough in the process.
Justin Tomlinson
To be absolutely clear, child maintenance does not impact on the amount of benefits the receiving parent will get, whether it is paid or not paid. It did under the old system of the Child Support Agency, but it does not under the new system.
Ruth George
That is very good to hear, although it is certainly very different from how the regulations for universal credit were set out at the time. If those regulations are changing, that is good.
However, it remains the case that women who are due to receive child maintenance are not getting the support from the CMS that they need, and it is all too easy for men in general to evade their responsibilities by hiding their money and income, and it then takes years for people to be able to claim that, and for children to receive the support they need, as has been highlighted here today.
The Minister’s team have listened to many cases from my constituency surgeries. We have yet to see decisive action taken against those defendants; I hope that it will be, but we really should not have to meet senior civil servants in the Department in order to get any action taken.
The Minister for Disabled People, Health and Work (Justin Tomlinson)
It is a pleasure to serve under your chairmanship, Mr Owen.
I pay tribute to the hon. Member for Glenrothes (Peter Grant) for calling this debate. On the basis of all the contributions, it is clear that this is one issue that unites those in all parts of the House, and that we want to do the very best for those receiving parents who have taken on the primary responsibility of the childcare and are having to battle to get the support that they rightly should be getting.
Let us remember that the CMS is a service of last resort. We would all hope that, wherever possible, parents can make amicable arrangements that do not necessarily need our involvement and have no impact on the children. Where that cannot be the case, however, because either one parent is or both parents are in dispute about what their responsibilities should be, it is absolutely the case that the CMS is there to provide support.
I want to make it very clear that all the cases raised show why this is such an important area, where we have brought forward significant new regulations and powers. I will go through some of those processes, but I repeat: a lot of the cases raised are legacy cases that would initially have been dealt with under the old rules and show why we have brought forward the rules I am going to talk about. There is still much more to do, and we are working very closely with stakeholders, including organisations such as Gingerbread, and on the other side those such as Families Need Fathers, which can provide constructive and helpful feedback. It is about getting balance between both sides.
There are around 700,000 cases a year. We record 2,500 complaints a year, which is less than 0.5%, but we still want to go further. We are absolutely focused on improving the customer experience. I pay tribute to my hon. Friend the Member for Stirling (Stephen Kerr), who I know has been proactive in this area. I must stress that I am not actually the Minister responsible for child maintenance, although I used to be; I have a great deal of interest in this area both as a constituency MP who raises cases and having served in a different role in DWP. Everything will be passed on to the relevant Minister. I would like my hon. Friend to meet the operations team, because some concerning operational issues were raised.
Customer experiences are shared with the senior management team. We work with stakeholders, and we also work with key organisations such as Womens Aid, which have done a huge amount to improve our ability to identify either victims or potential victims of domestic abuse, so we can tailor the service accordingly.
The initial contact with the service is with child maintenance options. That is not automatic; people must have a conversation, which will explain all the options available to them. Many people do not wish to use the process; they just want to have an amicable arrangement but would like some guidance on a starting point for those discussions. We can provide that information and signpost to other organisations, and that can open the gateway to looking at options such as direct payment or click and collect.
Deidre Brock
I note the Minister’s offer to the hon. Member for Stirling (Stephen Kerr) to meet the operations team. Is that offer open to all of us who have participated in this debate?
Justin Tomlinson
That is a fair point. I am sure the team would be very happy to meet those who are particularly interested in the operations side.
On direct payment, there are cases where we have advised what the financial contribution should be, and the parents set out to try and do that without using us. A number of people have highlighted how that can break down. The problem is then that the debts mount up, and the bigger the debts, the bigger the problem it is to get that fixed. So, we have rightly tried to be more proactive. Not only is there the annual review, but we now text the receiving parents proactively to ask whether there are any issues, and if there are issues, we ask that they should contact us immediately so we can either escalate ultimately to enforcement or move them on to the click-and-pay service. In the last quarter of last year, 9,000 people moved from direct pay to collect and pay. We are nudging that proactive level of support as quickly as possible.
The shadow Minister, the hon. Member for Weaver Vale (Mike Amesbury), talked of 33% not being collected on collect and pay. The 67% was the last published figure, in June 2019, which is up from 62% in the previous year, and the improvement has been long-standing. The amount unpaid in June 2019 was £18.5 million, down from £22 million. That is £18.5 million too much, but we are heading in the right direction, through a combination of better training of our frontline staff, so that they can explain the options and potential punishments to both the receiving parent and the paying parent; better enforcement, which I am coming to; and the regulations that we passed to strengthen our ability to investigate and enforce.
Hon. Members have rightly raised areas where enforcement has not been quick enough. The right hon. Member for East Ham (Stephen Timms) set out the exact reasons that we needed the two separate sets of regulations that were brought in over the last 12 months, which we did after listening to the cases, learning the lessons and seeing what was missing and what stopped us taking the action we all support. That is underlined by the fact that action must be taken much more quickly. The sooner we act, the easier it is to remedy.
We are also now benefiting from the ability to access more real-time information from HMRC and the strengthening of our ability with deduction orders, where we take money directly from people’s salaries. We are also reminding employers. Quite often, employees will say to an employer who is their friend, “My other half is being unreasonable. It would be really helpful if you helped me fudge this.” We are now using legal powers to remind employers that they will be liable and, unsurprisingly, those collections have gone up to 48,000 in the last quarter, collecting about £26 million, compared with the same quarter last year when there were 31,300 collections, collecting £19 million. We are also proactively highlighting success stories in the media, which doesn’t half focus people’s minds.
The most significant change is the introduction of the financial investigations unit. In the past, when lifestyle queries were raised, we relied on HMRC to investigate. HMRC had finite resources; if a premier league footballer was clearly defrauding it of a huge amount of tax, it was very quick to go and look at that, but, for many of the cases highlighted, while it was a significant amount of money to those children, it might not have been enough for HMRC to prioritise it.
The financial investigations unit, which is solely ours, does not look at the value of the money, because the money is as important to every single parent regardless, and it will chase each case. These are highly-trained ex-police officers and tax inspectors with fiscal investigation experience and they focus on doing a deep dive, using evidence, in these sorts of case. We initially recruited 30 in 2017 and it went up to 50 in 2018 and 80 in 2019. They are making a significant difference; about 4,000 cases are being investigated at the moment, and those numbers will increase as we gain evidence. That is a double win, because we will share that evidence with HMRC, which can chase any tax avoidance that has gone through.
The new regulations that we passed to help here include the ability to seize people’s passports. In the past, we went after drivers’ licences, but when people went to court, they would say, not unreasonably, “Well, you can take my driving licence, but I then won’t be able to earn, and I won’t be able to pay any more money.” But the possibility of losing their summer holiday doesn’t half focus the mind. Having sent out more than 1,000 warning letters, there is high engagement at that point.
We now have powers to access joint and business accounts, because that is a clever trick of solely employed people for hiding money. We can also look at assets, so when self-employed people are transferring what would be wages into assets, we can now take a nominal 8% of those assets. It is now easier to access information from pension providers, and we will be doing more joint work with HMRC. I gently remind some colleagues who have been calling for those extra powers to vote for them next time, because some hon. Members voted against. We must put the receiving parents first.
Albert Owen (in the Chair)
I am grateful to the Minister, who has been a great deputy here today on behalf of his Department. Before I call Mr Peter Grant to wind up, I thank all hon. Members for their self-discipline and restraint about time, which has allowed us to get in all speakers, as well as a number of interventions.
Workplace Deaths: Scotland
Justin Tomlinson Excerpts(5 years, 4 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
It is a real pleasure to serve under your chairmanship, Ms Buck. I thank the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney) for securing the debate. He spoke with real passion on a subject on which he has campaigned tirelessly for a number of years.
On 3 July, the annual workplace fatality figures for 2018-19 were published. Sadly, they showed an increase in workplace deaths in Scotland—particularly in agriculture— which is a tragedy for everyone involved, including family members and friends left behind. My sympathies and thoughts are with them. As the release of the statistics each year shows, we must continue to strive to do better. I welcome many of the constructive suggestions that the hon. Gentleman made.
Great Britain consistently has one of the lowest rates of fatal injuries in Europe and is recognised as among the best performers for occupational safety and health worldwide. Our health and safety system combines goal-setting legislation and a risk-based approach to health and safety management, to enable businesses to assess and control the risks relevant to them. That allows health and safety controls to adapt as work processes and practices change, and it enables risk management to keep pace with technological change.
Businesses know that effective health and safety management allows for innovation, enhances productivity and enables growth. That, combined with Great Britain’s long-established tripartite approach of businesses, workers and Government working together, has established our world-class health and safety record. However, we must not become complacent. We must continue to work with all involved to secure lasting improvements.
Danielle Rowley (Midlothian) (Lab)
The Minister talks about Britain’s record on workplace safety. Given that, does he agree that when contracts go out to procurement, particularly in the green jobs sector, we must look at what we can do to support jobs staying locally, so that such jobs are good, local and unionised, and we can ensure that workers are protected?
Justin Tomlinson
It is absolutely clear that we must have that three-way approach through the Health and Safety Executive, workers and businesses to ensure that we are in the best place to maintain our proud record in this area.
In Scotland, there was an increase of 12 deaths compared with the previous year, mostly due to an increase in fatalities in the agricultural sector from three to 13. The figures for 2017-18 were particularly low, so care must be taken in drawing conclusions from those annual figures as numbers from one year to the next are subject to fluctuation. The increase is within the bounds of natural variation because of the low numbers involved.
Stephen Kerr (Stirling) (Con)
Three of the five deaths that related to the use of all-terrain vehicles were in Scotland. Has the Minister had an opportunity to consider what might be done to better reinforce the message that people using such vehicles for farm business should be wearing helmets? What more can be done to get that message across?
Justin Tomlinson
My hon. Friend makes a typically constructive suggestion. As these terrible incidents happen, lessons are learned and shared and best practice is promoted. That is exactly the sort of lesson that we can push, and I know he will be a strong advocate on that.
Any death is unacceptable, so we must emphasise the importance of continuing to focus on working with businesses, workers, trade associations and others to prevent deaths by improving risk control. The primary responsibility for managing risks to people’s health and safety from work activities lies with the business or the person who creates the risk. HSE evidence shows that the key drivers of health and safety risk are industry sector, occupation and duty-holder attitude, rather than geographical location.
The regulator also plays an important part in improving standards. In cases of workplace deaths, investigation is a priority for the HSE. Through investigation, inspection and enforcement the HSE can: ensure individual businesses are managing risks properly; hold to account those who have failed in their statutory duties; and learn the lessons that play into industry to ensure that health and safety management continues to improve across the country. In practice, that means that during an investigation the regulator may take enforcement action to address conditions found on site. Following an investigation, there may be prosecution action in England and Wales, and in Scotland a recommendation to prosecute may be presented to the Crown Office and Procurator Fiscal Service.
Outcomes of investigations and prosecutions form the base of communications activity to highlight our expectations and have an educational and deterrent effect across businesses. Finally, lessons learned are discussed with industry stakeholders and, as necessary, fed into new or existing guidance to drive future improvement.
Analysis of incidents shows us that the main causes of fatal injuries to workers by industry sector are the same whether in Scotland, England or Wales. In agriculture, they include workplace transport, falls from a height and being killed by cattle. In construction, over half of all fatal injuries to workers over the last five years across Great Britain resulted from falls from a height. Factors contributing to fatal accidents across all industries include a lack of planning, training, maintenance and understanding of risk as well as poor risk management. The sad thing is that, as the hon. Member for Coatbridge, Chryston and Bellshill mentioned, those causes are well known, as are the steps that can be taken to prevent them. There is much good guidance available from the HSE and industry that cover them.
In February 2016, the “Helping Great Britain Work Well” strategy, aimed at improving health and safety across Great Britain, was launched. I was pleased to write the foreword, which highlighted that we need to act together and help businesses to manage their risks well. The regulators cannot do it all, but the HSE will continue to work with businesses, workers and stakeholders to promote better working practices to protect workers.
Stephen Kerr
The Minister is being generous in giving way. In agricultural deaths, there has been a demographic shift towards people aged over 60. Is that true generally of reported workplace deaths? What does he believe might be a root cause of that startling statistic?
Justin Tomlinson
My hon. Friend makes an important point, and I will have to write to him to give more details. As I said earlier, we cannot stand still. Industry innovation, technology and workplace demographics are changing and we must always be on the front foot. The improvement of working practices has included the development of specific sector plans to drive improvements across agriculture, construction and other industries.
I turn to the key work taking place in Scotland to improve health and safety at work outcomes, particularly in agriculture. Industry-wide, the HSE chairs the Partnership on Health and Safety in Scotland, which brings together Scottish business and trade union representatives with the Scottish Government to work to improve businesses’ management of health and safety. The HSE’s agriculture sector plan recognises the challenges in changing attitudes and behaviours in the industry. A reduction in fatal injury rates is one of the three outcomes identified, through securing effective management of risk.
As part of Farm Safety Partnership Scotland, the HSE is working with the National Farmers Union Scotland, NFU Mutual and the Scottish Government to ensure that partners focus their activities on driving improvements in the management of risk. The HSE will continue to work with stakeholders to find opportunities to reduce fatal accidents in Scottish agriculture. I urge all parties involved in Farm Safety Partnership Scotland to really step up to the plate and deliver the further cultural change required to improve health and safety on Scottish farms.
Hugh Gaffney
The Minister talks about the Health and Safety Executive. Will he ask the new Prime Minister to put more money into it?
Justin Tomlinson
We are already world-leading, and the new Prime Minister will continue everything that is great about this country. I am sure that he will take particular interest in how we are recognised for our achievement in the area, and rightly so.
The HSE has commissioned research to gain a better understanding of farmers’ attitudes to risk and risk-taking behaviour. From that research, a programme of interventions has been developed, including HSE-funded training known as agricultural compliance events. The training includes management of the risks of the most common causes of fatal injury on farms. The events are followed up by inspections to ensure compliance. To date, approximately 500 Scottish farmers have attended the events.
The HSE has also developed new guidance targeted at influencing those farmers who are unclear about how to manage risk and are most likely to have an incident at work. From that work, the key actions that the HSE is taking with the agriculture sector to improve standards are challenging the industry to take ownership of issues, developing shared solutions to known problems, and delivering consistent actions and messages.
In the construction sector, performance has improved over the past decade, and the number and rate of fatal incidents shows a long-term downward trend. An important vehicle for driving continuing construction improvements is Site Safe Scotland, a well-established tripartite partnership that works on improving health and safety on Scottish construction projects. Trade unions, major construction employers, training providers and the HSE support campaigns and initiatives across the country, such as the Scottish Working Well Together group.
The HSE wants to see a continuation of the downward trend in fatal accidents in construction, which will be tackled by embedding the principles of the Construction (Design and Management) Regulations 2015; supporting small businesses to achieve improved risk management and control; reducing the likelihood of low-frequency, high-impact catastrophic incidents such as fires or structural collapse by making early and strategic interventions in major projects; and developing clear standards of construction risk leadership and leading performance indicators.
The HSE works with Police Scotland, the Scottish Occupational Road Safety Alliance and others as part of a national campaign on the causes of fatalities in the transport sector, such as during loading and unloading, when workplace fatalities and injuries may occur as a result of poorly loaded and poorly secured goods.
I am pleased that we have been able to debate this important issue and highlight some of the common causes of workplace fatal injuries. The HSE will continue to engage with businesses and stakeholders in Scotland, as it will in England and Wales. It uses a range of regulatory actions, from influencing behaviours across whole industry sectors to making targeted interventions in particular sectors and activities. It will continue to hold to account those businesses that fail in their responsibilities to protect workers. While the increase this year in workers’ deaths in agriculture is troubling, it is time not to change direction, but rather to continue to work together to reinforce the changes needed to safeguard workers’ lives.
Once again, I pay tribute to the hon. Member for Coatbridge, Chryston and Bellshill for securing the debate, and to other hon. Members for their excellent contributions. On any points that I have not been able to address during my speech, I will write with further details. I remind all colleagues that the HSE takes the issue incredibly seriously. Speaking in a personal capacity, having worked with the HSE for several years, I have been really impressed with how willing it is to engage with individual MPs. I have attended meetings of a number of all-party parliamentary groups that focus on particular areas of its work, where I have seen its technical knowledge and its willingness to challenge, adapt and work with all organisations, businesses, trade unions, stakeholders and Governments. In this area, we are world-leading.
The figures are disappointing, and I genuinely feel for all the families, but there is a real cross-party commitment to continue to do everything we can in this important area. I thank the hon. Gentleman again for his very constructive speech.
Question put and agreed to.
Personal Independence Payments: Supreme Court Ruling
Justin Tomlinson Excerpts(5 years, 4 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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Chris Stephens (Glasgow South West) (SNP)
(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on last week’s Supreme Court ruling on personal independence payments for those with mental health issues.
The Minister for Disabled People, Health and Work (Justin Tomlinson)
The Supreme Court has ruled on the case of Secretary of State for Work and Pensions v. MM, which is known as MM. The case was about the definition of “social support” when engaging with other people face to face in the PIP assessment, and how far in advance that support can be provided.
We took the case to the Supreme Court because we wanted clarity on the issue and the judgment gives us that clarity. We welcome the Court’s judgment. We are pleased it accepted that there is a difference between “prompting” and “social support”, and that there must be a need for social support to be provided by someone who is trained or experienced in providing such support.
PIP is already a better benefit for people with mental health conditions than the legacy disability living allowance. The proportion of them who get the higher rate of PIP is five times higher than under DLA, with PIP at 33% and DLA at 6%.
It is clear that there is an increasing understanding in society about mental health and how important it is to make sure that individuals with poor mental health get the right help. It is not an exact science, but the desire for an increased understanding of mental health issues is one of the few areas that have cross-party support.
Getting this clarity ensures that even more people who need help to engage face to face may now be eligible to benefit under PIP. I want to be clear that supporting disabled people and those with mental health conditions continues to be a priority for this Government. That is why we will now carefully consider the full judgment and, working with disabled people and engaging with Mind and other stakeholders, implement it fully and fairly so that claimants get the PIP support they are entitled to.
Chris Stephens
I thank you, Mr Speaker, for granting the urgent question and the Minister for his response.
The individual concerned in the case is a Glasgow South West constituent. As the Minister said, the Department appealed the decision by the Scottish courts.
Will the Minister confirm that the judgment means that ongoing encouragement from a family member to help someone leave their house and engage socially will result in additional points in the PIP process? Does he accept that it is now clear that PIP assessments need to be overhauled and that, once again, we have found that the process discriminates against those with psychological conditions?
The Minister appears to accept the judgment, so will he tell us whether any estimate has been made of the number of people who will be affected by the decision and how long it will take to initiate any back payments? Will he confirm that that will be new money and that it will not come out of existing budgets?
Justin Tomlinson
I thank the hon. Gentleman for his questions. I pay tribute to him, because through his constituency work and as a valued member of the Select Committee on Work and Pensions, he has been a real champion in this area.
I repeat that the Government are committed to supporting people with mental health conditions. I push back on the suggestion that PIP needs fundamental reform, because only 6% of claimants with a mental health condition were able to access the highest rate of support on legacy benefits, compared with 33% under PIP.
We recognise that there is more to do. That is why we will engage with stakeholders and disabled people. We have already met Mind since the judgment was passed down. We want to get this right and to ensure that people are treated fairly and are fully supported. I cannot give an exact timeline but, as with all legal judgments, we will update the House once we have had time to consider it. We do, however, take this very, very seriously.
Sarah Newton (Truro and Falmouth) (Con)
I commend my hon. Friend for the excellent job he is doing and for his statement. He is right that more people with mental health conditions are receiving more support than ever before, but clearly there is more to do. Will he kindly update the House on the progress that is being made on training Department for Work and Pensions staff—not just the PIP assessors, but the people in the jobcentres and the people who pick up the phones—to make sure that everybody has a positive experience and is treated with respect and dignity?
Justin Tomlinson
I thank my hon. Friend, who did so much in this role before me and is widely respected across the House. She is right to highlight how much more is done in terms of training. I am grateful for the support of the stakeholders who helped to shape that training. One of the biggest improvements is that we now have a mental health champion in each PIP assessment centre who can support claimants who may be more anxious when they arrive to make sure that their experience is as positive as can be.
Margaret Greenwood (Wirral West) (Lab)
This landmark judgment by the Supreme Court should act as a serious wake-up call for the Government.
According to Mind, more than 425,000 people with conditions classed as psychiatric disorders have been turned down for PIP. What percentage of those people would have been successful in the light of this judgment? Will the Minister be clear that the Government will look again at those cases where people have been turned down?
The assessment framework for PIP is not fit for purpose and has created a hostile environment for disabled people. After the ruling, Mind commented:
“Far too many are struggling to claim benefits they need because of draconian assessments, which often fail to take fully into account the impact a mental health problem can have.”
Does the Minister agree? Many people with mental health problems can feel socially isolated, so surely the Government should be providing a system that supports people in need.
It was revealed recently that more than 60,000 appeals against the tests for PIP ruled against the Government in 2018. That is 72% of all tribunals. Clearly this is wholly unjust. The fact that such a high proportion of PIP assessments are overturned on appeal speaks volumes about the failings of the Government’s record when it comes to providing support to disabled people. Ill and disabled people should not have to fight through the courts to receive the support that they are entitled to. Ministers at the Ministry of Justice recently revealed that the Government spent £26.5 million in 2018 on PIP hearings that ruled against the Department. The Minister must surely also be aware that the introduction of PIP has ended up costing the taxpayer more than the system it replaced, so will he commit today to scrapping the cruel and discredited PIP assessment framework and replacing it with one that treats disabled people with the respect they deserve and provides them with the support they need?
Justin Tomlinson
To repeat: we do welcome the judgment. It was the Government who referred this matter to the Supreme Court to get clarity. Across society, there is a deeper understanding of mental health, and that is welcome. This is not an exact science, but it is one of the few areas where there is cross-party support as, together, we get a better understanding of how to identify and support people with mental health conditions. This will be a complex exercise, and we will need to work carefully through the detail of the judgment before we start the exercise of checking claims. We are committed to doing that as soon as we can, working with disabled people and stakeholders, so that we can pay people as quickly as possible. I remind the hon. Lady that we are committed to supporting those with disabilities and long-term health conditions. We are now spending £10 billion more than when we came into office in 2010 on supporting people with long-term health conditions and disabilities. This represents a record high of 6% of Government spending, and we are committed to seeing that rise in every single year for the rest of this Parliament.
On the specific point of appeals, we know that the vast majority of successful appeals are because of additional written and oral evidence, but we recognise that the independent appeal process is too long and that it adds anxiety for claimants who are in too many cases having those decisions changed over. We are therefore determined to improve the mandatory reconsideration stage so that we can proactively contact claimants to get that additional written and oral evidence at that point. We have already piloted this in all the PIP mandatory reconsideration assessment centres, and that has been so encouragingly positive that we will do the same with the work capability assessment mandatory reconsiderations. This is a really important area of work, and we are determined to get it right for all claimants as quickly as possible.
Mrs Maria Miller (Basingstoke) (Con)
Many people will be unaware of the way in which PIP supports people who have mental health conditions far better than the predecessor benefit, disability living allowance, but mental health conditions can fluctuate and people can find it very difficult to get the right support and advice. How is my hon. Friend ensuring that PIP best supports those people, particularly in finding their way through what can be a very complicated and difficult application system?
Justin Tomlinson
My right hon. Friend raises the really powerful point that we collectively need to do more to support claimants with mental health conditions. This is why we now have mental health champions in all the PIP assessments, and we are putting videos online so that people can see what to expect. We encourage claimants to bring a trusted third party—family, friends or a support worker—with them during the process, and we are working with the Department of Health and Social Care to identify ways to get hold of the crucial medical evidence that can improve the decision making at the first time of asking.
Frank Field (Birkenhead) (Ind)
Will the Minister please answer the question that the hon. Member for Glasgow South West (Chris Stephens) asked him at the beginning: how many more claimants will now be eligible for PIP who previously were not? Also, will he again clarify a commitment that he will look at all those claimants who have had their PIP application turned down, to see whether they are now eligible under the new rules?
Justin Tomlinson
We must consider the detail of the judgment and how it needs to be implemented before we can estimate how many people will be affected, but we will look back at cases. We are committed to engaging with stakeholders and disabled people, utilising their expertise, to ensure that the people who should receive support get it fully, fairly and as quickly as possible.
Christine Jardine (Edinburgh West) (LD)
The Liberal Democrats welcome the Supreme Court judgment, and I welcome much of what the Minister has said today about making things easier and more appropriate. However, does he accept that, as has already been mentioned, mental health assessments bring with them a particularly difficult set of circumstances? People’s conditions may fluctuate, and assessments affect individuals in different ways, so will he consider, yet again, bringing assessments back in-house and having specialists who deal specifically with mental health cases to ensure that individuals get not only a mental health champion, but an appropriate champion with knowledge of their particular condition?
Justin Tomlinson
I understand the thrust of the hon. Lady’s point, and I know that she works hard in this area. As I have said, our collective understanding is getting better, and we are working with stakeholders—people with real frontline experience—to help shape our training. All the assessors—trained health professionals—have people behind them who are experts in all conditions, not just mental health. Remember, many claimants have a menu of health conditions to be navigated. Where an assessor feels that they need additional support, they will get it from those experts before the assessment and while writing the report afterwards.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
To be dragged to the courts yet again in relation to PIP and the totally inadequate support that it provides to disabled people is a shame on this Government. According to Mind, two thirds of people on DLA for mental health conditions have had their PIP refused or reduced, which is just not good enough. On top of that, 60 disabled people a month—a month—die after being refused PIP. To say that PIP is an okay support system for the most vulnerable people in this country is an absolute disgrace, so will the Minister write to me and answer the questions that I put to him in my letter of over two months ago?
Justin Tomlinson
I remind the hon. Lady that the Government took this case to the Supreme Court because we wanted to get clarity on this important issue. I also remind her that, under DLA, only 6% of claimants with a mental health condition got access to the highest rate of support. Under PIP, 33% of claimants are getting that support—more than five times higher than under DLA. We are doing everything we can to support people, and we are continuing to work with stakeholders and disabled people to ensure that the process continues to improve. I am proud that this Government are spending a record amount of money on supporting the most vulnerable people in society, something that Opposition Members continue to vote against at each Budget.
Heidi Allen (South Cambridgeshire) (Ind)
The judgment is welcome, of course, because it will provide more support to people with mental health conditions, but it does prompt a question, regardless of who brought the case, about whether the PIP and ESA assessment processes still contain significant flaws. I was under the impression that the Government were looking at the processes, potentially bringing them back in-house, and I agree with my hon. Friend the Member for Edinburgh West (Christine Jardine) that there should be more specific assessments for people with certain types of health conditions. Why are the contracts with Atos and Capita being extended for another two years when they are not meeting their targets?
Justin Tomlinson
I thank the hon. Lady for her question. The key thing is that we will continue to engage with stakeholders and disabled people and be held to account by the Select Committee on Work and Pensions, of which the hon. Lady is an active member. We will continue to make improvements, which is why increasing amounts of money are rightly being spent on vulnerable people in society. The Secretary of State is personally committed to improving the process, and we will do all that we can to do so.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
The change from DLA to PIP has meant that my constituents have lost £2 million collectively—[Interruption.] That is a matter of fact, so I do not know why the Secretary of State is shaking his head. There is clearly a lot of despair behind that figure, and the recent judgment clearly proves that the situation is unsound. What is the Secretary of State going to do to fix it?
Justin Tomlinson
I thank the hon. Gentleman for elevating me to Secretary of State. I am just a Minister of State, but he is very kind. To be clear, 33% of people with a mental health condition will now access the highest rate of support under PIP, compared with just 6% under the legacy benefit. That is significant progress, but we are committed to work with stakeholders and disabled people to continue the improvements that we are proud to be making.
Alex Sobel (Leeds North West) (Lab/Co-op)
Just last week, I had a constituent in my surgery who had not been awarded points in their PIP assessment for which I could clearly see that they were eligible. After the ruling, and considering that people have hidden and fluctuating conditions, what can my constituent now expect?
Justin Tomlinson
As I have set out, we will be looking carefully at the judgment, but the hon. Gentleman highlights something. As constituency MPs, we all have cases in which it is clear that, with additional written and oral evidence, a different decision could come about. That is why it is right—it is a departmental priority—to improve the mandatory reconsideration stage, so that more people can get the correct decision much quicker, without the long independent appeal process.
Alison Thewliss (Glasgow Central) (SNP)
There is a letter in the post to the Minister about this case, but I do not know whether he will be there to receive it, so I thought that I would ask about it here. My constituent has a long-standing diagnosis of Asperger’s, but her PIP assessor ignored the detailed medical evidence that she had provided and performed a five-minute mental state test involving taking 25p away from £1 and spelling the word “world” backwards. Her decision letter stated that she had
“no cognitive sensory impairment diagnosed”
and
“no evidence of a cognitive impairment”.
Surely constituents should not have to come to their MP to get such evident mistakes overturned. The Minister should be getting things right first time, rather than going for mandatory reconsiderations.
Justin Tomlinson
I have gone from being the Secretary of State to potentially not having a job in the next couple of days in the space of one question, but I will look at that letter carefully. I actually agree with the hon. Lady’s point that we want the right decision the first time. We want claimants to be able to access the crucial medical evidence that can assist with assessments. Assessments are right more often than not, and only a small percentage of claims ultimately need to be appealed, but we need to learn lessons wherever there are mistakes, and I will take that case seriously.
Ruth George (High Peak) (Lab)
I also welcome the ruling, but it is important not just that we get rulings, but that people on PIP get the support that they deserve. I was concerned by the release of figures a couple of weeks ago showing that the Department’s own equality impact assessment expected 14% of the 1.6 million people on PIP who were reviewed after previous court rulings to get an additional award, but just 0.8% of people reviewed have actually received an increase in their entitlement. Will the Minister commit to an urgent audit of what is going on in those reviews to ensure that people affected by this case do not see their awards quashed yet again?
Justin Tomlinson
The hon. Lady refers to the mental health estimates, which were done before the final guidance was implemented. We have consulted with Mind and other key stakeholders on the revised guidance, and we will continue to ensure that those who are entitled to additional support get it as quickly as possible. We are on track to complete that work by next year, as initially set out.
Clive Efford (Eltham) (Lab)
We all have casework in our surgeries involving people suffering from mental health issues who have been denied PIP or have had it taken away from them, but the situation goes beyond that. I have a profoundly deaf constituent who was transferred from DLA to PIP, but they were then denied PIP. Other people with chronic illnesses have failed to score enough points through the question and answer system. Will the Minister take on board the fact that other people in the system will be suffering similarly? We need a fundamental review to ensure that those people do not suffer in the way that they are currently.
Justin Tomlinson
We have made a real commitment, and we work closely with stakeholders representing a huge variety of disability and health conditions, empowering them to challenge, to make suggestions, and to work with our teams to help shape the training guidance. That is why an increasing amount of money is being spent each year on supporting people with disabilities and long-term health conditions. As I said, at £55 billion a year, spending is up £10 billion since we came to office. That is a record high, and it will continue to increase as we work, listen and engage with the people who have frontline experience, which the Government have committed to do.
Alan Brown (Kilmarnock and Loudoun) (SNP)
I have a constituent who is rebuilding his life after spending some time in jail. His mental health condition means that he has communication issues and that crowds are a problem for him, which makes travel on public transport more problematic. All of that makes it difficult for him to maintain family contact and access the necessary support groups. He was denied PIP despite my office sending supporting letters and trying to help him hit the PIP descriptors. What changes will the Government make to the system so that my constituent will get the support that he deserves, as in the Supreme Court ruling, and be able to go forward and fully integrate into society?
Justin Tomlinson
I would be happy to look at that specific case. On the broader point of supporting people transitioning from prison back into society, I pay tribute to the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Colchester (Will Quince), who has responsibility for family support. He has been working with the Minister of State, Ministry of Justice, my hon. and learned Friend the Member for South Swindon (Robert Buckland), the prisons Minister, to make sure it is joined up. We have had successful trials to make sure that work coaches go into prison in advance of a person’s leaving, as it is key that those who need the support can access it as quickly and as smoothly as possible. The case raised by the hon. Member for Kilmarnock and Loudoun (Alan Brown) highlights why that is so important.
Health-related Job Loss
Justin Tomlinson Excerpts(5 years, 4 months ago)
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The Minister for Disabled People, Health and Work (Justin Tomlinson)
I would like to make the following statement on behalf of myself and the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Thurrock (Jackie Doyle-Price).
Today, my Department, in partnership with the Department of Health and Social Care, will publish a consultation on proposals to reduce health-related job loss.
As people live and work for longer, more employees are disabled or have long-term health conditions. There are significant and well evidenced benefits for employers, individuals and Government if health-related job loss can be reduced.
For employers, offering flexibility, early support and occupational health advice are the key to successful retention. Employers are best placed to take the early preventative measures that are most effective. There are large variations in employers’ capability and capacity to act with large firms five times more likely to provide occupational health when compared to small firms.
Each year more than 100,000 people leave their job following a period of sickness absence lasting at least four weeks. Survey evidence shows that 44% of people who had been off sick for a year then left employment altogether.
The proposals set out in this consultation include:
Amending the legal framework to encourage workplace modifications and early action to support individuals on sickness absence leave;
Reforming statutory sick pay so that it is better enforced, more flexible and covers the lowest paid and potentially, rewards effective action with a new rebate;
Improving access to occupational health services with additional support for small employers including a potential subsidy;
Government to provide best practice advice and support for employers on managing health and disability in the workplace.
The evidence and views gathered during this consultation will be used to develop our proposals further and understand the impact of the changes on both employers and employees.
[HCWS1719]
Universal Credit Fraud
Justin Tomlinson Excerpts(5 years, 4 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Neil Gray (Airdrie and Shotts) (SNP)
(Urgent Question): To ask the Secretary of State for Work and Pensions to make a statement on the universal credit fraud that has been uncovered by the BBC.
The Minister for Disabled People, Health and Work (Justin Tomlinson)
Universal credit is now in all jobcentres, with around 2 million people claiming this benefit. In accordance with our approach to test and learn while rolling out universal credit, we have made several changes to the advances claimants may receive while they wait for their first payment. If they need it, people can now claim an advance from day one of their claim. They can apply in person, by phone or online—a facility we introduced in July 2018. On Monday, the BBC published an article that described cases where fraudulent applications had been made to acquire advance payments. The figures quoted are unverified.
Those who defraud the benefits system take taxpayers’ money from the poorest people in society. We have a dedicated team of investigators working on this issue, and are working with the Crown Prosecution Service to ensure that, where appropriate, perpetrators will be prosecuted: we have in fact already secured our first successful prosecution. We frequently raise awareness among frontline staff to be vigilant to fraud risks, and raise concerns where appropriate.
I remind hon. Members, and their constituents, that DWP staff will never approach a claimant on social media, or in the street, to discuss their benefit claim. Claimants should never give out personal or financial information to a third party unless they are certain they work for DWP, and have followed a password or security protocol. Anyone with concerns about their benefit claim should contact their local jobcentre directly.
Neil Gray
I am grateful to you, Madam Deputy Speaker, and to Mr Speaker for granting the urgent question. I am also grateful to the BBC whose investigative journalism uncovered this scandalous situation. The cases we have seen in the news are truly alarming and heart-breaking. The Minister says that the figures are unverified, but according to the BBC the figures come from a member of his jobcentre team, who released them to the BBC. One jobcentre reported that a third of all claims are the result of such scams by criminals operating on behalf of claimants, while at another £100,000 a month is being lost to criminals and not going to claimants who actually need it.
Those people already desperately need help. They have been pushed into serious debt by the actions of those appalling scammers and it is clear from the leaked communications that staff, and perhaps Ministers, in the Department for Work and Pensions were aware that the scams were happening. It is also worth pointing out that, from the cases that we have heard about, claimants have been doubly hit by their money being stolen by the scammers and then having to pay back the advance payment, which— as we all know—is in fact a loan. The SNP has consistently condemned the system of advance payments and feels that it is counterintuitive. The advance payment needs to stop being a loan.
The BBC has uncovered what we have been talking about for years—people being left in desperate straits by cuts to universal credit, which have seen increased food bank use and, now, people being driven unwittingly to criminals to help them to get the money they need to survive. The cases highlight the failure of universal credit to protect those who most desperately need the support that it is supposed to offer. Can the Minister not see that until universal credit is properly fixed, such desperation will continue?
The DWP says that it has already secured its first conviction, so it already knew about this situation. The Minister was quoted in a BBC article on 20 May about another heart-breaking individual case. Why did the Department not identify the loophole and attempt to correct it sooner? Why was a statement not made to the House so that we could have helped to advise our constituents? What is the scale of the fraud? When were Ministers informed? Has this activity gone unnoticed or unchecked because of the 21% cut in staff numbers reported by The Independent? Of course, Social Security Scotland has a clear commitment that when an error or fraud occurs that is not the fault of a claimant, they will not be penalised or out of pocket. Will the Minister follow that lead for the people who have been affected?
The Government’s initial response, and the Minister’s response today, has put the onus on the claimants, and that is wrong. They cannot wash their hands of this responsibility. What will the Minister now do to ensure that those affected are not left out of pocket, those who have ripped them off are brought to justice and practices are put in place to ensure that it cannot happen again?
Justin Tomlinson
I thank the hon. Gentleman, who has taken a proactive approach to this important issue. I share his comment that it is alarming. These are criminal actions by what are, frankly speaking, parasites who target some of the most vulnerable people in society. I give the House an assurance that the Department will do everything in its power to protect those vulnerable people, and I am sure that all hon. Members would support that.
There have been 4.4 million universal credit claims and, as it stands, 42,000 staff referrals for fraud have been made, which is less than 1% of all universal credit claims. That said, each and every one of those has the potential to be a serious case. We take them seriously, they are all fully investigated and, where appropriate, we will take action. We are in talks with the CPS on several cases and, as I have said, we have already had a successful prosecution. We will look at each of the cases raised and, where it is clear that the claimant is an innocent victim who has been targeted, there would be an expectation that they would not pay the money back.
I refute, however, the broader point about universal credit. We will spend £2 billion more than the legacy system, and I very much welcome the introduction of the help to claim scheme to provide an independent additional tier of support across the jobcentre network, provided by Citizens Advice.
We are actively making improvements to the system. We are using more real time information. We are working with data suppliers. We are doing more data matching. We are using the DWP landlord portal to verify housing costs and we are developing risk models to help to assess confidence in information that is provided. There is a balance, however. In debates we have had in recent years, hon. Members have rightly pushed to make advance payments available as quickly as possible. It is the balance between being able to support people who need funding—under current rules, a vulnerable claimant in need of financial assistance can access that funding on the first day of their claim—while ensuring that we have 100% confidence that the money goes to the right person.
We are not complacent. We take this matter very seriously. We have a team of 120 staff dedicated to working on advanced payments. As I said, every case referred to us is taken very seriously and we will use the full force of the law where appropriate.
Sarah Newton (Truro and Falmouth) (Con)
There are people offering help to those applying for benefits in exchange for a cut of what they subsequently receive—sometimes a very big cut. Will my hon. Friend consider outlawing that activity, and consider a public awareness campaign to warn people against this harmful exploitation and to signpost people to free, qualified benefits advisers such as Citizens Advice?
Justin Tomlinson
I thank my hon. Friend, who works tirelessly in this area. This is yet another example of a really helpful, constructive and proactive suggestion. I know the Secretary of State is very keen to see that brought forward, so that is a big yes from us. In terms of raising awareness, we are increasing training and guidance for frontline staff. Working in partnership with Action Fraud, we will be doing further national and regional press releases, social media and stakeholder engagement to raise awareness of the potential risk of fraud and of how to report it as quickly as possible.
Margaret Greenwood (Wirral West) (Lab)
The Government claimed that universal credit would reduce social security fraud and error by £1.3 billion. Now we know that they are clearly failing to do that, just as they are failing to protect people from poverty. The Government’s own figures show that the rate of fraud in universal credit is far higher than the rate of fraud in the benefits it is replacing. According to the BBC, fraudulent applications for advances are leaving claimants scammed and at risk of destitution, costing millions of pounds of public money.
Labour Members have repeatedly highlighted the hardship that the five-week wait for an initial payment causes, pushing many people into debt and rent arrears or forcing them to turn to food banks to survive. The Government’s stock answer is that people can apply for advances—indeed, on 28 March, the Secretary of State said that he felt the system of advances was working well. What does she think of it now?
When the National Audit Office highlighted delays in paying people last year, the right hon. Lady’s predecessor claimed that they were largely due to the need to verify identity. In June 2018, she said:
“Verification is a necessary part of any benefits system…We need to make sure we are paying the right people the right amount of money.”
How is it, then, that advances have been made to claimants with names such as Lisa Simpson, Bart Simpson and Homer Simpson?
Will the Minister tell the House how much the Government estimate this fraudulent activity is costing the taxpayer? How does that cost compare with the cost of abolishing the five-week wait? What action are the Government now taking to make sure they verify correctly the identity of people who request an advance? What action are the Government taking to support claimants in financial hardship who have clearly been the victim of a scam?
It is clear from this report that advances are not the answer to the five-week wait; they are loans that have to be paid off by claimants—in this case, the victims of scams. The Government must finally listen to the evidence and stop the roll-out of universal credit.
Justin Tomlinson
I am afraid there was a bit of a muddle, mixing the difference between the verification process with advance payments and the main claims for universal credit. As a Government, we take the issue of fraud, error and overpayments seriously. We anticipate that by the time we have full roll-out of universal credit, there will be a reduction of over £1 billion.
Justin Tomlinson
Be patient. I am answering the questions. I can only address one point at a time.
The legacy benefits system was complex. Claimants had to deal with local authorities, HMRC and the DWP. The majority of welfare issues that led to fraud, error or overpayment related to failing to provide information on changes of circumstances. Under the legacy benefits, there was an increased likelihood that people would fail to report changes of circumstances. Universal credit, however, with a single point of contact on a digital interface, makes it easier for claimants to report changes once, and it is easier for us to proactively identify when there are changes. The Government are still on target to see, with the full roll-out of universal credit, a reduction of £1 billion.
We talk about the principle of advance payments, but remember that under legacy benefits at the end of the claim the payment came too soon. We saw that claimants would in many cases be going into work, having spent a long time out of work, being anxious. They were often paid in arrears at work, so would not have access to funding. People who were desperate to work and do the right thing were financially unable to do so. Under universal credit the wait for the money is at the beginning, but with advance payments to bridge that wait. That is vital to ensuring that claimants can transition into work. As I said in my earlier response, it is the need to balance making advances available to claimants quickly and ensuring that payments are paid based on the correct circumstances.
The shadow Secretary of State raised a point about children. When verifying advance payments, we will verify identity, bank accounts, national insurance and, where they are declared a non-UK national, nationality. However, to make sure we can provide support to those who are often the most vulnerable people in society, there is manual checking of housing and children. That is the bit that can take time beyond when we have issued the advance payment, although it would be checked before the actual main claim. As I have said, by using greater access to real-time information and data matching, we will be able to speed up that process to improve confidence that all claimants for advanced payments are valid.
Maria Caulfield (Lewes) (Con)
It is vital that we crack down on fraud, but will the Minister reassure us that he will protect the vital advance system, which provides a vital financial lifeline for many, many of my constituents?
Justin Tomlinson
My hon. Friend is absolutely spot on. It is absolutely vital that we strike the balance between having absolute confidence that money is being correctly paid out and ensuring that we do not leave vulnerable claimants without access to money. Rightly, the Government have listened to the constructive work with stakeholders to ensure that on the first day of a claim people who need financial support can get it. That is the right thing to do.
Frank Field (Birkenhead) (Ind)
The Department has a risk register to safeguard taxpayers’ money. Is this fraud listed on the risk register?
Justin Tomlinson
I will have to write to the right hon. Gentleman to give him a specific answer. Any case that is referred is treated seriously. We have a dedicated team—[Interruption.]
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Do not shout at the Minister. Members are supposed to ask questions and get answers. Shouting at the Minister is not a part of that, and certainly not while I am sitting here.
Justin Tomlinson
Thank you, Madam Deputy Speaker. We treat every case seriously and we encourage claimants who feel they may be a victim of fraud to report it immediately either directly to jobcentre staff or to Action Fraud, with which we work very closely. I will write to the right hon. Gentleman with a full response.
Vicky Ford (Chelmsford) (Con)
It is obviously really important that people who need benefits should not have to wait for long periods with no money in their pocket. Will my hon. Friend confirm that any new measures to prevent fraud will not prevent our constituents receiving the advance payments they desperately need?
Justin Tomlinson
My hon. Friend makes a really important point. We must not forget the need to balance making advances available quickly to claimants with ensuring that payments are paid based on current circumstances. We must not lose sight of that.
Melanie Onn (Great Grimsby) (Lab)
I think the general public will be incredulous at the level of incompetence around the universal credit system. How can it be possible that, as has been revealed this week, a brand new system is open to grotesque fraud at these levels? Does the Minister seriously expect us to accept that it is somehow acceptable for the universal credit system to recognise the “Bank of Springfield” and allow payments to be made into it?
Justin Tomlinson
I understand the hon. Lady’s passion on this subject. She is right that we should be doing everything we can to protect vulnerable claimants, but I remind her that there have been 4.4 million universal credit claims, that as it stands today there have been 42,000 referrals, each of them very important, and that to put it in context, since January, every month we have had more than 110,000 requests for advance payments.
We will continue to tighten up the procedures, using real-time information, data matching and the digital platforms, so that we are as robust as we can be, but we must not lose sight of ensuring that vulnerable claimants have access to funding as quickly as possible. Nobody in this House would want people not to be able to access vital financial support.
Ruth George (High Peak) (Lab)
I have been raising this matter with the Minister for some time, and I welcome the fact that he says that claimants who have made a claim in error, or not made one to their knowledge, will not have to repay the advance. Will he also confirm that those claimants will be allowed to return to their legacy benefits, since they have not made a valid claim for universal credit that they are aware of, and that he will deal with these cases much more quickly than the eight weeks that my very vulnerable constituent has been waiting since I first raised this with him?
Justin Tomlinson
I pay tribute to the hon. Lady, who raised this case with the Minister for Employment, who is responsible for this area. It helped to focus our minds on what more could be done. Every individual will be treated individually, and we will look at the unique circumstances. Where it is clear that they have been a victim of fraud through no fault of their own, no, we would not expect them to pay it back, and yes, we would consider putting them back on to the legacy benefits if they were better off under those.
Sammy Wilson (East Antrim) (DUP)
There is huge potential for fraud in Northern Ireland, especially around the border areas; in fact, traditionally there has been a lot of social security fraud in those areas. Given that the Northern Ireland Assembly is not meeting at present and therefore the opportunities for scrutiny are limited, what contact has the Minister had with the Department for Communities and the Social Security Agency of Northern Ireland, first to identify whether fraud has been taking place, and secondly to share the methods being used and indicate the steps that the Department is taking, so that those can be used in Northern Ireland?
Justin Tomlinson
On the specifics of the meetings, I will have to write to provide a full answer. However, we are seeing that the cases that are being reported are clustered around particular areas, so there is a real focus in those areas on raising awareness and on targeting often very sophisticated criminal activity. As we bring forward prosecutions, we are finding that that is making a significant difference as a proactive deterrent, and rightly so.
Stephen Timms (East Ham) (Lab)
Ministers have made one monumental misjudgment after another with universal credit. The five-week delay is forcing people into debt and dependency on food banks, and now we learn that it has opened up a bonanza for crooks and fraudsters. Will the Minister now urgently review the catastrophic five-week delay policy?
Justin Tomlinson
As is very clear, any claimant can access financial support from day one where it is needed. We will continue to do all that we can to ensure that everybody benefits from the personal, tailored approach that universal credit offers, which is an integral part of how we are helping to deliver record employment across all regions of this country.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
I am grateful to the Minister for saying that, where there has been fraudulent activity and claimants have been transferred on to UC, he will consider revoking that. Can he explain and enlighten us all on the testimony of the DWP officials at the most recent Select Committee hearing, who said exactly the opposite?
Justin Tomlinson
This is in relation specifically to the cases of fraud relating to advance payments. I understand the point that the hon. Lady raises, and as ever we will continue to consider all our operational activities to ensure that we continue to deliver much-needed improvements.
Layla Moran (Oxford West and Abingdon) (LD)
The bit about this that I find most difficult is that the whistleblowers were themselves jobcentre staff. What does it say about the culture in the DWP that they felt that they could not come to the Department and had to go to the BBC? My question is simple: did the Department know about any of this or any of these cases before the BBC revealed them, and if so, what did it do about it?
Justin Tomlinson
Yes, of course we did. That is why we have created a team of 120 dedicated members of staff specifically looking at the area of advance payments, why we have been improving training and awareness for both claimants and our frontline staff, why we are working with Action Fraud on our communications strategy and why, rightly, we are using the full force of the law to undertake prosecutions against the parasites who are targeting some of the most vulnerable people in society.
Nick Thomas-Symonds (Torfaen) (Lab)
The advance payment fraud was reported in the media as long ago as last November, so whatever has been happening over the past eight months, as the Minister has set out, has simply not been good enough. What would it take for him to conclude that, rather than having this advance payment system, we should take away the five-week wait altogether?
Justin Tomlinson
But the hon. Gentleman would then have the problem of the legacy benefits: at the end of the claim, as someone moved into work, they would not have the run-on of financial support, which would leave a gap, since the majority of people who go into work are paid in arrears. With legacy benefits, we saw that people who were desperate to do the right thing and to unlock their own talent were left with a financial gap at a point when they could not get financial support. It is not a good thing to advocate going back to a legacy system that trapped people in generations of unemployment.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
In responding to the urgent question from my hon. Friend the Member for Airdrie and Shotts (Neil Gray) on this shocking and disgraceful criminal activity, the Minister said that he would do everything he could to “protect vulnerable people in society”. If that is the case, he will be aware that the all-party parliamentary group for terminal illness published its report last week on his Government’s six-month rule, which is causing harm and heartbreak for the dying and their families. Has he read the report’s damning evidence? If so, how can he justify his Government’s continuing with this policy?
Justin Tomlinson
I pay tribute to the work of the APPG and in particular the hon. Member for Bridgend (Mrs Moon), who has campaigned tirelessly with organisations such as the Motor Neurone Disease Association, Marie Curie, Parkinson’s UK and a number of others. As the Minister for Disabled People, I have had a number of meetings on this matter, particularly on the process as somebody claims through the special rules. We are aware of it, and the Secretary of State is personally passionate that we should do everything we can. This is an area in which we will be making significant improvements in the very near future.
Lisa Nandy (Wigan) (Lab)
The Minister’s defence of this system increasingly sounds absurd. The reason so many advance payments are necessary is the five-week wait introduced by his Government, which has left people in Wigan completely destitute. It is humiliating to have to beg for money at a time when they most need help, in one of the wealthiest countries in the world. Why does he not just give up on this defence, do the right thing and get rid of this degrading five-week wait?
Justin Tomlinson
The hon. Lady simply does not understand what has happened. Under the legacy benefits, people at the end of their claim as they moved into employment would lose the financial support while they waited to be paid, as more often than not people in work are paid in arrears. That left people without financial support. Under universal credit, while there is a five-week wait for the full payments, people can access advance payments.
Those moving from legacy benefits can also benefit from two weeks’ run-on, no-strings-attached additional money from housing benefit. Since the announcement in the Budget, that will also be extended to an additional two weeks of jobseeker’s allowance, income support and employment and support allowance funding. Again, there will be no strings attached to that, so potentially, combined, that means four weeks of additional funding.
Martin Whitfield (East Lothian) (Lab)
The people who have suffered in this, the claimants themselves, had no part in the design of the system, and feel increasingly disempowered by the whole system. The system fraud that is being applied was originally targeted against the banks. The banks have been criticised across this House for their slowness in protecting individual customers, but they are now moving to a stage where they reimburse immediately and then look into any fraud. Why cannot the DWP do the same for each and every claimant, to take the stress of debt away from them?
Justin Tomlinson
I know that the hon. Gentleman is being constructive with his two suggestions. I recognise the point about people engaging with the formal process, which is one reason why I was so passionately supportive of the roll-out of the Help to Claim scheme, putting in a level of independent support across the jobcentre network, particularly for vulnerable claimants, delivered by Citizens Advice. I think that will make a significant difference.
On the broader point about learning lessons within the banking sector—at times, I am afraid, the banking sector had to be dragged and cajoled into doing the right thing —we continue to look at what more can be done. If there are vital lessons that can be taken from that, those are things that we should give serious consideration to.
Susan Elan Jones (Clwyd South) (Lab)
This whole situation is immensely concerning. Can the Minister tell us the average and maximum amounts that victims of these scams have lost?
Justin Tomlinson
I cannot at this stage, but we are looking at this as we work through the cases referred. Regardless of the amounts, for each and every victim it is incredibly serious, which is why I reiterate our commitment to do everything in our power to use the full force of the law to target the criminal gangs targeting some of the most vulnerable people in society.
Janet Daby (Lewisham East) (Lab)
I recently spoke to somebody who works for Jobcentre Plus, who said they felt that universal credit was not designed to support people and that the five-week delay was an example of that. She said that people were turning instead to prostitution and crime to top up their money. In the light of this recent fraud, it is time the Government abolished the five-week wait.
Justin Tomlinson
When we talk to work coaches up and down the country, they tell us that for the first time in generations they feel empowered to deliver a personalised and tailored level of support that treats everybody as an individual. It is an integral part of how we are delivering record employment and doing everything possible to reduce the amount of unclaimed benefits. Under legacy benefits, £2.4 billion a year was being left unclaimed, which for 700,000 of the most vulnerable—[Interruption.] Some hon. Members are laughing, but this £2.4 billion amounts to £280 per month on average for some of the most vulnerable in society. By delivering through universal credit we can get support to the people who need it.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
This latest problem exposes the need for greater safeguards for anyone moving on to universal credit, be it through natural or managed migration. The Secretary of State told the Work and Pensions Committee that we would have a vote on those safeguards this month. When will that vote take place?
Justin Tomlinson
We are still considering how we can do this correctly. We are still on track to do the planned managed migration from the summer. We are aware that it needs to come back to the House and will be reporting to the House on it shortly.