Points of Order

Justin Tomlinson Excerpts

Thursday 4th July 2019 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Lady for giving me notice of her intention to raise a point of order on that matter. I am bound to say that I have not received notice of an intention by Ministers to make an oral statement—

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

rose—

[Mr Speaker]

Oh! That is very helpful. The relevant Minister is in his place and veritably champing at the bit. Let us hear from the fella.

[Justin Tomlinson]

Further to that point of order, Mr Speaker. I notified the hon. Lady on 24 June about the latest stats publication, with an invitation to meet officials, which, I am pleased to say, has been accepted. We will continue to keep the House updated through regular statistical releases, as is the usual practice.

[Mr Speaker]

I cannot be expected to act as arbiter on this matter. What the Minister has told the House is of interest and relevance, and doubtless the meeting, which I assume is scheduled, will go ahead, and it may well provide enlightenment or satisfaction. If not, and the hon. Member for Battersea (Marsha De Cordova) wishes to return to the matter, she can do so in the first instance, having alerted those on the Treasury Bench to her continuing interest, through the judicious use of the Order Paper, upon which she will be advised by the Table Office. It is perfectly possible that these matters will be aired again in the Chamber erelong.

Unemployment and Autism

Justin Tomlinson Excerpts

Tuesday 2nd July 2019 Commons Chamber

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

It is a pleasure to respond to the hon. Member for Motherwell and Wishaw (Marion Fellows). She made a very well-thought-through, constructive and challenging contribution, with which—apart from perhaps the odd comment about the Government’s record—I wholeheartedly agree. I am not surprised at the quality of her speech, because I and the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Colchester (Will Quince), were just commenting on how the hon. Lady is probably the most prolific Member on parliamentary questions in our Department and keeps us very active when we arrive at the office every day.

There were four asks—I will cover all four—and it is a yes across all four. First, as a Government we are proud that there have been an additional 950,000 more disabled people in work in the last five years alone, and we hope to see a further 1 million by 2027. The hon. Lady is right that we do not currently record statistics on people with autism in the labour force survey. The National Autistic Society has done its own survey, and it has estimated that 16% of the 700,000 adults with autism are in work. We are now working with the Office for National Statistics so that we can make that part of the labour force survey. I would welcome that, as the Minister for Disabled People, and we are very much on that.

Parliament often rallies round to raise the profile of cross-Government improvements that are needed to support people with autism. The all-party parliamentary group on autism has more than 200 cross-party members, and the Westminster Commission on Autism brings together senior parliamentarians and leading members of the autism community. There are also several national and local autism-supporting organisations, which are key stakeholders that support various Departments.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I thank the Minister for giving way and for a very constructive response to my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows). Does he agree that it is extremely important that parliamentarians undertake the autism awareness training that the all-party parliamentary group has provided? I believe that more than 100 MPs have already done so. I was very pleased to do it. Does he also agree that MPs should undertake the Disability Confident training to ensure that they are Disability Confident employers?

[Justin Tomlinson]

The chair of the all-party parliamentary group on disability has highlighted two incredibly important asks of all Parliaments and parliamentarians, and I wholeheartedly agree that they should all have that training, and that they should all sign up to Disability Confident. Many parliamentarians have done so and many enthusiastically support both those campaigns, but it does no harm to remind people that, even with busy diaries, that is incredibly important.

The majority of the speech of the hon. Member for Motherwell and Wishaw focused on employment opportunities, so that is where I will start. In the jobcentres, we are grateful for the work of the Autism Alliance, which helped develop the disability toolkit, providing comprehensive information on autism and hidden impairments. We also now have the bite-sized autism awareness learning that jobcentres are looking at. From that, many examples of good practice have developed locally, which we are sharing across the jobcentre network. They include calm and quiet sessions for claimants.

We also have the disability passport, “About Me”, which encourages disabled claimants to disclose their disability and health conditions at an earlier stage. That improves communication, ensures reasonable adjustments in advance and allows individual challenges to be explained only once. That issue was clearly highlighted in the hon. Lady’s speech. We have done more intense training on autism and hidden impairments for 1,000 of our frontline staff to ensure that there is a high level of understanding in every jobcentre. We will continue to do that, and that was one of the hon. Lady’s asks. I would like to invite her to meet me and my team to look at that particular area so we can have confidence that we are doing everything we reasonably can in all jobcentres.

As part of our support for people who could be classed as being further away from the workplace, we have: universal credit personalised support, which could simply be signposting following the first conversation; moving on to the Work and Health programme; the personalised support package, which now includes 800 disability employment advisers and leaders; or the intensive personalised employment programme, which will be launched at the end of the year. The last is highly personalised and tailored to the individual’s needs. That is important, because every autistic person experiences autism differently and many have complex needs or other conditions, such as a learning disability or a mental health condition, so the programme has to be tailored and personalised.

One of the best levers that we have as a Government is the Access to Work programme. Again, while we celebrate the fact that 33,800 people—a record number, up 13%—benefited from Access to Work last year, as with the labour force statistics, we cannot record autism. However, once that comes in to the labour force statistics, we will also have it within Access to Work. I know that it is not an exact comparison, but last year there was an increase of 22% in claimants with a learning disability where there was a crossover. There was also a 28% increase in young claimants who benefit from the Access to Work scheme. That is important because Access to Work has only recently broadened out from simply supporting people with a physical disability or sensory impairments, and we have now stepped up significantly support for mental health, learning disability and autism.

However, it is a journey and we have a real commitment to go much further. We are working with organisations such as the Autism Alliance and Exceptional Individuals to ensure that our staff have specialist knowledge, so that when they talk to employers and the potential or existing employee about how we can provide support, we have the best knowledge of the available technology and the way in which support workers can help, particularly in the interview process. Probably the most powerful part of the hon. Lady’s speech was about interviews and adapting the interview process. I have employed disabled people. I understand that interviews are a strange old process, because they bear little relation to what happens next and generally everybody just claims to be very active at sport. The real question is how they will fit those roles. We talk to employers who are struggling to fill skills gaps about being a little bit smarter. Also, through the Access to Work programme, we can look at travel, which is important, particularly if people are anxious and would find public transport difficult. We will be doing far more.

We are looking to build evidence in this area. We are working with a supported business alliance—57 supported businesses across the country—to provide a greater level of additional support. In return, we can gather the evidence to see how we can break down the barriers and provide long-term sustainable opportunities with career progression.

[Neil Gray]

As had been said, I appreciate the constructive way in which the Minister is responding to the debate. Alongside the barriers that people with ASCs have to the workplace, they are also, sadly, more likely to be exploited. One of my constituents was affected by unpaid work trials in B&M Stores. In light of this debate, I wonder whether the Minister might reconsider the Government’s opposition to the 10-minute rule Bill from my hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald) to ban exploitative unpaid work trials, so that people with autism and Asperger’s, such as my constituent, are not exploited in such a way again.

[Justin Tomlinson]

I am conscious of time, so I will have to look into the details. It is right that we absolutely have to do more to enlighten businesses of all sizes about the opportunities. Small changes and good practice can benefit not just individuals with autism, but the organisations that take them on.

This is my second time as Minister for Disabled People and I am very proud that, in the final few weeks last time, I was able to push through the opening up of disability apprenticeships, removing the need to get a grade C in GCSE maths and English for people who would qualify under the disability apprenticeship. That is an important way that we, as a Government, are trying to remove barriers, but we must look at providing additional support within the workplace to go beyond the interview, so that people have an opportunity to demonstrate their skills.

Through our Disability Confident campaign, which now has more than 12,000 businesses of all sizes signed up, we are looking to share best practice. I think we can go further than that, not just by recruiting more organisations to the Disability Confident campaign, but by looking at organisations such as the Health and Safety Executive. To a certain extent, that will help support the point made by the hon. Member for Airdrie and Shotts (Neil Gray). It is very proactive in engaging with businesses on safety, so it is a given that the workplaces will have a safe environment. We are world-leading on this—other countries look to our expertise—but we need to do the same on health. That includes empowering small and medium-sized businesses in particular that do not have personnel or HR departments, so that they can have the skills and the confidence to make small, reasonable adjustments. That would be a win-win for all.

I had the pleasure on Friday, as part of Employability Day, of meeting employers and individuals who had overcome those barriers. That was transformational for those individuals who were enjoying the opportunity to contribute, and to the employers who had struggled to fill gaps and were now benefiting as an organisation.

[Jim Shannon]

I was just sitting here thinking about the best way of doing this. The hon. Member for Motherwell and Wishaw (Marion Fellows) has made some suggestions. When it comes to organising training for the potential employer and the young person with autism, would the Minister consider using the influence of parents and families to enable the training process to be easier for the person who has autism as well as for the potential employer?

[Justin Tomlinson]

I agree. In all parts of accessing services and applying for jobs, having supportive individuals is a reasonable adjustment that a good employer, a good organisation and a good Government should take into account and should encourage.

In the final moments, I wish to pay tribute to the hon. Member for Motherwell and Wishaw. It is fantastic to see so many Members supporting an Adjournment debate. I think that is a recognition of the quality of the speech that was delivered on a really important topic. I think there is much agreement across the House and I would be very happy to meet further to discuss what more we can do. The Government are determined to make a real difference in this area. I am absolutely thrilled to see that there is cross-party support for that. Together, we will do everything we can to unlock every individual’s talent, so that everybody can benefit from the growing economy.

Question put and agreed to.

Oral Answers to Questions

Justin Tomlinson Excerpts

Monday 1st July 2019 Commons Chamber

[Gillian Keegan (Chichester) (Con)]

17. What steps her Department is taking to help people with disabilities into work.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

We support disabled people into work through initiatives like the Work and Health programme, the Personal Support Package, and the new Intensive Personalised Employment Support programme launching at the end of 2019. Access to Work approved support for nearly 34,000 disabled workers last year, and we engage with employers through the Disability Confident campaign.

[Mary Robinson]

The 19% disability employment gap in Cheadle highlights our untapped talent and the challenge facing the Government in getting a further 1 million disabled people into work over the next eight years. Greater flexibility in working hours, managing time and accommodating medical appointments are just some of the ways to close the gap, but there is clearly more to be done. Does my hon. Friend agree that employers should be encouraged to think creatively about how to make work more accommodating to disabled people?

[Justin Tomlinson]

My hon. Friend is spot on. I was at Employability Day on Friday, celebrating, meeting disabled people who had got into work and, crucially, meeting employers who had often made very small changes. The key message was that it is a win-win. The 950,000 more disabled people who we have got into work are making a real difference to businesses that have taken those steps.

[Gillian Keegan]

I recently met the charity Root Experience at Chichester library, where it was launching a book called “Hidden Stories”. The book puts a spotlight on hidden disabilities such as epilepsy or autism and how they impact people on a day-to-day basis. Would my hon. Friend be happy to receive a copy of the book? What steps is the DWP taking to promote education and awareness of hidden disabilities in the workplace?

[Justin Tomlinson]

I thank my hon. Friend for highlighting that fantastic book. My hon. and learned Friend the Member for South Swindon (Robert Buckland) and I recently went to Swindon Council library and were handed a copy of this excellent book. It is currently sitting on the back seat of my car. It is a brilliant edition, and I hope that as many MPs as possible can see this proactive and constructive way to champion opportunities that people with hidden disabilities can offer.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I am sure the Minister will agree that we want all our pupils to stay in full-time education until they are 18, including those with special needs and disabilities. However, at 16 these pupils face the change of moving from disability living allowance to personal independence payment. That is out of step with changes faced by other children. For example, other children aged 16 in full-time education are able to continue to claim free prescriptions, free eye tests and free dental checks, but children with special needs and disabilities have to face this change in benefits at 16. This is extremely stressful—it is stressful enough for these children to be going on to college, let alone having to change benefits. Will the Minister look at changing that, so that children in full-time education at 16 do not change benefits until they finish?

[Justin Tomlinson]

I thank the hon. Lady for raising that important point. I recognise the points that she made, but it is a balance. The decision to do this has been in place for a long time, to allow for everything in be in place for when they get to 18, but I am happy to meet her to discuss this further.

[Sir Vince Cable (Twickenham) (LD)]

Can the Minister explain the very long delays in the limited work capability assessment to qualify for the working element of universal credit, and why disabled people who are trying to work are being penalised because of the apparent inefficiency of the contractor, Maximus?

[Justin Tomlinson]

Under universal credit, from the initial conversation with a work coach, individual claimants—including those with disabilities—can get support. We continue to make improvements to the work capability assessment, following the five independent reviews. Over 100 different recommendations have been taken on board. I work very closely with stakeholders, as do all the ministerial team. We look to continue to improve the process.

[Marsha De Cordova (Battersea) (Lab)]

Support for disabled people in work should be a top priority for this Government, but on several occasions I have raised with Ministers a fundamental flaw under universal credit for disabled people in work, which is that to qualify for in-work support, such as the work allowance, one must be found unfit for work under the work capability assessment. That contrasts with legacy social security, where someone qualifies for in-work support by being in receipt of DLA or PIP. Does the Minister agree that this is absurd, and will he commit today to rectifying this illogical and damaging policy?

[Justin Tomlinson]

I will commit to continuing to do everything we can to ensure that all people with disabilities and long-term health conditions have the maximum chance to get into work. I am very proud of the fact that over the last five years alone, 950,000 more disabled people are in work, and we continue to make good progress towards our target of a further 1 million disabled people in work by 2027.

[Diana Johnson (Kingston upon Hull North) (Lab)]

5. What assessment her Department has made of the effect of the roll-out of universal credit on the level of referrals to food banks.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

11. Whether she has discussed with Cabinet colleagues the potential merits of making all public bodies join the Disability Confident scheme.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Disability Confident is a very effective voluntary scheme, so compulsory options have not been discussed with Cabinet colleagues. Public bodies are already subject to the public sector equality duty. All main Government Departments are level 3 Disability Confident leaders, and 80% of local authorities are Disability Confident.

[Mr Speaker]

I hope I can be forgiven for saying—because I am going to say it anyway—that the House of Commons is a Disability Confident employer. It is absolutely right that we should be, but in case there are Members here who were not aware of that fact, they are now.

[Robert Halfon]

Thank you, Mr Speaker. My Harlow constituent, Lacey-Rose Saamanthy—a deaf lady—had a catering assistant job offer retracted by the Mid Essex Hospital Services NHS Trust on the basis that it could not mitigate against the so-called risks of her employment. This is despicable, so what steps is the Department taking to ensure that all employers, including the NHS, are signed up to the Disability Confident scheme and are aware of the funding available through the Access to Work scheme, as advocated by the National Deaf Children’s Society and others?

[Justin Tomlinson]

I know my right hon. Friend has championed the case of Miss Saamanthy and I understand that the trust has contacted her to discuss alternative roles in the organisation, including roles that staff with hearing disabilities have successfully been recruited into. I also encourage that particular NHS trust to sign up to the Disability Confident campaign.

[Thangam Debbonaire (Bristol West) (Lab)]

I take this opportunity to pay tribute to the Speaker’s parliamentary placement scheme, which offers paid internships with training. The graduates graduated just last week. The one that I had the joy of hosting did very well out of that, and that was on the disability strand, hence my question. Will the Minister add his support to the disability strand of the scheme and also look at strengthening the learning from that scheme, so that we can help more employers in the public sector be better employers under Disability Confident?

[Justin Tomlinson]

Absolutely, and I am really encouraged to hear about that. Through the Disability Confident scheme and the Access to Work scheme, we want to do everything that we can to support these new opportunities being created, because ultimately, the employers benefit when disabled people’s talents are unlocked.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

rose—

--- Later in debate ---

[Martin Docherty-Hughes]

Thanks for the “young”, Mr Speaker.

The Minister seeks, in the Government’s proposal, to promote Disability Confident employers, but does he not recognise that, in April 2019, 85% of all mandatory reconsiderations for personal independence payment modified the original decision? Does he not agree that there seems to be rank hypocrisy in promoting Disability Confident employers while the Government are impoverishing my constituents in West Dunbartonshire and those across the United Kingdom?

[Justin Tomlinson]

We have over 2 million claimants on PIP, and only 5% of the applications have been taken to appeal. I recognise that those who go through the independent appeal process will, more often than not, have a decision overturned, which is why we have been working extremely hard, through a series of pilots within PIP, on the mandatory reconsideration stage and the independent appeals stage, so that we can get hold of the additional oral and written evidence earlier, which is what is often used to get the decision changed. This is an absolute priority for the Secretary of State and we are making sure that we are doing everything we can, as quickly as we can.

[Peter Aldous (Waveney) (Con)]

12. What steps the Government are taking to increase financial support for vulnerable universal credit claimants, compared with the legacy system.

--- Later in debate ---

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

13. What steps her Department is taking to support claimants whose mobility awards were (a) reduced and (b) stopped when they moved from disability living allowance to personal independence payment.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Let me answer the hon. Gentleman’s question and provide an important update on the Government’s work with Motability.

When PIP was first introduced, the Government worked with Motability to design a £175 million transitional support package to support Motability scheme customers who have not been awarded the enhanced mobility component on reassessment from DLA to PIP. Motability announced today that it would provide substantial additional financial support, including £1,000 for customers who lose eligibility for the scheme as a result of a PIP reassessment. It will also fund grants for personal contributions to the Access to Work scheme, and will accelerate the programme that is being undertaken with Family Fund to help many more families with severely disabled children under the age of three. I pay tribute to the proactive and constructive work done by Motability Operations in further supporting disabled people in society.

[Jamie Stone]

Notwithstanding what the Minister has said, some 52% of UK claimants who were claiming a mobility element under DLA found that it was either reduced or stopped altogether when they moved to PIP, and 2,370 people in the highlands have been hit in that way. Obviously, getting around in the highlands is not easy, and access to transport is not easy. Will the Government please look at this issue? My constituents are losing out, and it seems to me extremely unfair that those figures are so high.

[Justin Tomlinson]

Among those who have made the transition from DLA to PIP, an extra 144,000 who did not qualify for the enhanced mobility rate under DLA now do so under PIP. We have continued to work with Motability in respect of the additional transitional support that it has announced, and we will continue to keep a close eye on this important area.

[Mr Speaker]

Given the time constraints, it would be helpful to the House if the hon. Member for Mid Derbyshire (Mrs Latham) were to shoehorn her inquiry in the next question into this one.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

14. My constituent Siobhan Fennell spends a great deal of time training local businesses in Belper in how best to accommodate customers with disabilities such as autism and dementia and conditions that cause limited mobility, and she has made a huge difference to the local community. Will my hon. Friend commend her work, especially given that she is in a wheelchair herself? She is passionate about her mission.

[Justin Tomlinson]

I absolutely commend my hon. Friend’s constituent for the work that she does in her community. I also congratulate Ms Fennell on receiving the British Empire Medal in the Queen’s birthday honours, as well as a national citizenship award in recognition of her work: a true tribute.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

16. What recent discussions she has had with the Secretary of State for Justice on universal credit claims and access to legal aid.

--- Later in debate ---

[Douglas Ross (Moray) (Con)]

T10. Earlier this year, I visited the Friendly Autism Moray Experience in Lossiemouth. FAME is paid for by the Lossie Entertainment Academy and works in collaboration with the DWP and Moray’s autism services. Local DWP manager Jane Munro has seen people on the project and believes that their contribution increases both their capabilities and their confidence. Does the Minister agree that we should support this valuable project? Will he also wish everyone involved with FAME all the best for the future?

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

I thank my hon. Friend for highlighting such a fantastic proactive example that is making a real difference, and I support anything further that we can do. The number of applicants to the Access to Work programme with a learning disability increased by 22% in the last year alone. That is an encouraging trend, and we must do much more in this important area.

[Nic Dakin (Scunthorpe) (Lab)]

T4. With £7 billion of unclaimed pension credit since 2017—equivalent to two out of five pensioner households entitled to that credit not getting it—how will Government respond to Independent Age’s “Credit Where It’s Due” campaign to ensure that everyone who is entitled to pension credit gets it?

[Andrea Jenkyns (Morley and Outwood) (Con)]

Last week I had a meeting with a Parkinson’s support group in my constituency and was told about the many struggles that sufferers face. Will the Minister review the 20-metre rule, so that more people with Parkinson’s who have mobility problems can qualify for essential support, such as the blue badge scheme?

[Justin Tomlinson]

I thank my hon. Friend, and I would be happy to meet her to discuss this further. It is a rule of thumb, but we have to look at whether somebody can repeatedly, regularly and safely travel 20 metres. I welcome the fact that, under PIP, 55% of those with Parkinson’s qualify for the highest rate of support.

[Kerry McCarthy (Bristol East) (Lab)]

T5. I spoke to a constituent at the weekend who has a lifetime disability living allowance award, but she is now being told that she has to apply for personal independence payment. She is obviously very worried about the situation, not least because there are so many cases online of people with indefinite awards being turned down for PIP. Why can we not transfer the data over so that somebody who has been assessed as having a lifetime need can automatically qualify for lifetime PIP?

[Justin Tomlinson]

I understand why the hon. Lady raises that question but, under DLA, only 15% of claimants actually got the highest rate of support, whereas the rate under PIP is now 31%. One of the key things is that 70% of DLA claimants were on lifetime awards, yet one in three claimants’ condition had significantly changed within 12 months and they would have been entitled to a different rate—predominantly a higher rate, rather than a lower rate—and we do not want people to miss out. That is why, under PIP, we are now spending an additional £6 billion a year to support some of the most vulnerable people in society.

[Maggie Throup (Erewash) (Con)]

There has recently been a noticeable increase in the number of my constituents in receipt of personal independence payment who, on reassessment, have had it stopped or reduced. Will my right hon. Friend agree to meet me to discuss this worrying trend and to see what we can do to sort it out?

[Justin Tomlinson]

I would be happy to meet my hon. Friend. We work closely with stakeholders to look at how we can continue improving the system, but I repeat that we are now spending an additional £6 billion and that a significantly higher rate of claimants are now on the highest level of support, and rightly so.

[Rachael Maskell (York Central) (Lab/Co-op)]

T7. With the childcare element of universal credit being paid in arrears, many people, particularly women, face a real barrier to entering work. Will the Secretary of State look at either paying that element in advance or paying for the first month of childcare for free so that all parents can access the employment market?

--- Later in debate ---

[Justin Tomlinson]

Without having the full facts of a case it is difficult to comment, but I am happy to look into that specific one. When we compare DLA with PIP, we are talking about an additional £15.04 of benefit support a week per claimant.

[Jon Trickett (Hemsworth) (Lab)]

On a point of order, Mr Speaker.

Disability: Cross-Government Approach

Justin Tomlinson Excerpts

Tuesday 25th June 2019 Written Statements

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Today I am pleased to launch a new cross-Government approach on disability which is guided by a vision that recognises the contributions that disabled people make and where disabled people can participate fully in society. To drive forward this approach, Government will establish a new cross-departmental team in the Cabinet Office, recognising that disabled people face barriers across a wide range of aspects of their lives and co-ordinated cross-Government action is therefore vital.

To inform this new approach, Government are committed to strengthening the evidence base on disability and to improve engagement with disabled people and disabled people’s organisations, in line with relevant recommendations from the United Nations.

The Department for Work and Pensions and the Department for Health and Social Care will consult on how employers can best support disabled people and people with long-term health conditions to stay and thrive in work. This will include measures to reform statutory sick pay so that it is better enforced, more flexible and covers the lowest paid employees as well as improved quality, cost effectiveness and capacity in the private sector occupational health market.

Alongside this, the Ministry of Housing, Communities and Local Government will consult on raising mandatory accessibility standards for all new homes in autumn. The Department for Work and Pensions will also in the coming months bring forward a Green Paper on health and disability support, to enable a conversation about building a welfare system for the future that is an ally of disabled people. The Department for Business, Energy and Industrial Strategy will also be setting out plans to work with Departments, regulators and stakeholders to improve consumer outcomes for disabled people through developing metrics to compare how well companies deliver for disabled customers in essential markets.

The team will work closely with disabled people, disabled people’s organisations and charities to take forward this new approach to disability, with their views and experiences at the forefront of any new policy.

This written statement aligns with the Prime Minister’s written statement tabled today on Machinery of Government change for the Office for Disability Issues.

[HCWS1651]

Office for Nuclear Regulation Annual Report and Accounts 2018-19

Justin Tomlinson Excerpts

Thursday 20th June 2019 Written Statements

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Later today the Office for Nuclear Regulation’s annual report and accounts for 2018-19 will be published. Having consulted the Secretary of State for Business, Energy and Industrial Strategy, who is accountable for nuclear security, and the Office for Nuclear Regulation, I can confirm, in accordance with paragraph 25(3) of schedule 7 to the Energy Act 2013, that there have been no exclusions to the published document on the grounds of national security.

[HCWS1639]

Invisible Disabilities and Accessibility Challenges

Justin Tomlinson Excerpts

Wednesday 5th June 2019 Commons Chamber

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

This has been a fantastic, high-quality debate. It is a shame that the attendance was a bit—[Interruption.] Yes, it is quality over quantity, which is what we tend to find at the moment. Perhaps other things are going on and focusing minds elsewhere. I would like to begin by thanking my hon. Friends the Members for East Lothian (Martin Whitfield) and for Newport West (Ruth Jones) for securing the debate and for their excellent and passionate opening speeches. They both mentioned Grace and her “have a heart” campaign. That is a fantastic example of a lived experience-led campaign, and they are often the most powerful and successful. I join my hon. Friends in commending Grace and her campaign, which I wish widespread success.

At this juncture, I also want to mention the Changing Places campaign, which I have been involved with in my constituency on behalf of a constituent whose son has spina bifida. I was shocked to find out how few facilities there are across my constituency; no doubt the same applies to all constituencies.

I thank all hon. Members who have taken part today, including the hon. Members for Chatham and Aylesford (Tracey Crouch) and for Ayr, Carrick and Cumnock (Bill Grant)—[Interruption.] I am going to crucify all these constituency names with my Geordie accent. I also thank my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders)—I just about managed that one—and the hon. Member for Cheadle (Mary Robinson), as well as the hon. Member for Lanark and Hamilton East (Angela Crawley), who spoke for the SNP. I thank them all for their excellent speeches.

Members may have noticed that I am not a Department for Work and Pensions shadow Minister—I am shadow Public Health Minister—but I am happy to be closing this debate on behalf of my hon. Friend the Member for Battersea (Marsha De Cordova). I do chair the all-party parliamentary group on dyslexia and other specific learning difficulties. Those are also, of course, invisible disabilities; I shall come back to that aspect later.

As we have heard, in the last census, one in five people in the UK reported having a disability or limiting long-term health condition. The vast majority of disabled people have hidden impairments not immediately obvious to others—neurodiversity, Crohn’s disease, colitis, dementia, arthritis, or mental distress and energy impairment conditions such as myalgic encephalomyelitis, or ME, and chronic fatigue syndrome, to name but a few.

According to Scope, nearly half the British public are not aware that they even know someone who has a disability. People with invisible impairments face attitudinal barriers in every part of their lives, from accessing public toilets to using disabled parking bays, but I will concentrate mainly on education, access to social security and employment.

People with invisible disabilities often face significant exclusion and stigma in education. For example, the lack of awareness of autism in schools affects autistic students at every level. As a result, fewer than half of children and young people on the autism spectrum say that they are happy in education. SEND provisions are woefully inadequate and have been devastated by brutal cuts to our schools and sixth forms, worth £2 billion per year.

What assessment has the Minister made of the impact funding cuts have on children with autism and their ability to stay in mainstream schools? The issue is about accessibility and access to the curriculum. Autistic children are sometimes forced to wait for more than a year for the SEND support that they need, and just one in 10 parents is satisfied by the education, health and care plan for their child. As I know, children with dyslexia and other specific learning difficulties experience that, too: my son is severely dyslexic, and as I mentioned earlier, I am the chair of the APPG on dyslexia and other specific learning difficulties.

Earlier this year, our group released a report entitled “The Human Cost of Dyslexia—the emotional and psychological impact of poorly supported dyslexia”. It outlined the ways in which missed or poorly supported dyslexia during education has made such children feel stupid, unvalued by society, guilty—as if the problem was their fault—and disinterested in education. The implications can lead to under-achievement at every level of education, in careers and work life thereafter and, at the extreme end, to disengagement from society. That is reflected in the fact that there are proportionately more people with dyslexia in the criminal justice system than among the general population. The same can be said for a number of SEND conditions.

Unfortunately, the issues faced by people with invisible disabilities during childhood do not disappear but actually worsen in adulthood. The employment gap between disabled people and non-disabled people is 30.1 percentage points and has remained just above 30 percentage points for the past decade. This is something that the last Labour Government were trying to tackle. We had the Valuing People Now partnership boards—before he had to dash to a meeting, my hon. Friend the Member for Gateshead (Ian Mearns) told me that he chaired the successful board in Gateshead—but, sadly, the coalition Government scrapped them in 2012. Three years later, in 2015, the Government pledged to halve the disability employment gap to 15 percentage points. [Interruption.] The Minister is getting frustrated.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Does the hon. Lady not welcome the fact that just short of 1 million more disabled people were in work in the past five years alone and that for the first time ever, which I emphasise, more than half of disabled people are now in work? We have made significant progress. There is much, much more to do, but we are in a significantly better position than we were in 2010.

--- Later in debate ---

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

It is a real pleasure to respond to this proactive and constructive debate. Until the last two, the majority of speakers stuck to the spirit of this incredibly important subject, and I know that people worked incredibly hard to get this vital debate secured through the Backbench Business Committee. First, I say to the hon. Member for East Lothian (Martin Whitfield), “Yes, yes and yes.” How about that? There are not many debates in which a Minister can just totally and whole- heartedly agree.

I had a stroke of luck, because on Saturday a Red Box was dispatched to my house. We knew this debate was coming up, so a 3,500-word draft speech was prepared and there was a lot of briefing on what subjects would be covered. I thought that the best thing to do was to pop the kettle on, have a cup of tea and look at something else first. As I did so, I found an invitation to a meeting of the all-party group on this very subject on Tuesday. As a matter of luck, I was therefore able to attend a brilliant meeting to discuss exactly what would be coming forward. I had further luck, as the various areas of priority for us were then connected to three further meetings I had later in the week, prior to this debate, and I will be covering all those in a little more detail.

There is a huge amount of respect for the hon. Gentleman, who has built a brilliant reputation in this area for a long time, both in his role before he came to the House and in the House. He is widely respected and he is right to recognise the progress that has been made since the Equality Act 2010. I pay tribute to the Labour party for its work in that area. Our Government has rightly continued, as I am sure all future Governments will, to work with stakeholders to build on that incredibly important step, which does make a real difference.

The hon. Gentleman is right to highlight that we need to improve awareness. He talked about how 93% of people who challenge feel that they are doing the right thing because they want to stand up for those who are marginalised in society, and I am acutely aware of that point. This was summed up by an incident I saw where someone with a disabled autistic daughter parked in a disabled parking space, with a blue badge, yet received abuse.

It was not a one-off—I am sure it happens all over the place. On that stat—93% of people would challenge someone—they probably feel that they are doing the right thing, but because of the lack of awareness and the additional challenges of hidden disabilities, society is creating awkwardness and putting people off and that is affecting people’s lives.

I shall come shortly to Grace, the inspiration, but first let me whizz through some of the excellent speeches and respond to them directly. My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) has done brilliant work, both in her constituency with the partnership board and in her former role as everybody’s favourite sports Minister. When I was previously a disability Minister, we worked together carefully to push organisations such as the Premier League, which was, to its credit, very proactive. Richard Scudamore, the departing chief executive, took a personal interest in improving disability access in premier league stadiums. I could not have asked for more support from the sports Minister in that policy area.

My hon. Friend was absolutely right to highlight the importance of the Special Olympics. The point that I really picked up on was just how happy people are—in all the visits in my 19 years as an MP, a Minister and a councillor, nothing has come close to the joy that I saw when I went to a learning disability netball session. I literally thought that the young adults were going to explode with excitement. I am glad that my hon. Friend also took the time to highlight the work of my hon. Friend the Member for Daventry (Chris Heaton-Harris), who has done a huge amount in this policy area.

The hon. Member for Newport West (Ruth Jones) has made a good impression since her recent arrival in the House, from which we are all benefiting. This is the second debate to which she has contributed and I have responded. She brings real-life experience in this area, particularly in respect of strokes, and it was really important to highlight that. She reminds us how important it is that we do this because some people will need extra time and space. That is crucial.

My hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) led a brilliant Westminster Hall debate just a few weeks ago and carried on today in the same form. Not every disability is visible. He was right to highlight that there is not an immense cost to making a real difference in this policy area. That came through in many speeches, and I will cover it in more detail later.

Through the direct experiences of his wife, the hon. Member for Ellesmere Port and Neston (Justin Madders) raised some incredibly important points about access to work and sanctions. He has raised them before in other debates and he always raises them in a constructive manner. I want to try to keep to the spirit of the debate, so I offer him a personal meeting so that we can explore the issues in more detail and do them justice.

My hon. Friend the Member for Cheadle (Mary Robinson) was absolutely right to highlight the challenges in respect of public transport, an area on which she has worked tirelessly. She also raised the issue of assistance dogs, on which British Guide Dogs has been one of the best and most visible campaigning charities, particularly in respect of the misunderstanding of what taxi drivers should or should not do and how we can tighten things up through licensing. My hon. Friend was also right to highlight the brilliance of medical dogs that can smell certain conditions—it is the equivalent of detecting one particle in a swimming pool, which is absolutely amazing. What a difference we can also make in the retail environment, which I will cover a little later.

Perhaps the hon. Members for Washington and Sunderland West (Mrs Hodgson) and for Lanark and Hamilton East (Angela Crawley) did not quite follow the spirit of the debate—that is one of the challenges when one arrives with a pre-written speech. I gently say to them that we are spending £55 billion a year on supporting those with long-term health conditions and disabilities. That is a record amount and is up £10 billion. Only 16% of DLA claimants had the highest rate of support, compared with 32% of those on PIP. Disability employment is at a record high: in respect of our target of 1 million by 2027, we are at 440,000 after two years. As I said in an intervention earlier, for the first time we have more disabled people in work than not in work. There is still more to do, though, specifically for people with autism in jobcentres. I am grateful for the work of Autism Alliance UK, which helped to create the autism toolkit. In the spirit of the debate, I am happy to meet both Members to discuss all those issues in detail, but will keep to the theme—

[Neil Gray (Airdrie and Shotts) (SNP)]

rose—

[Justin Tomlinson]

Let me keep to the spirit of the debate.

This debate has happened because of Grace Warnock, a truly inspirational superstar who had a fantastic teacher, who can take some credit for starting this brilliant journey. She is an amazing young person dealing with the challenges of Crohn’s disease. She was targeted with abuse because of her hidden disability. Understandably, many people, including many of us, would have shied away. I am sure that, day in, day out, people are shying away, but she stood her ground and she has made a difference. We should all celebrate her courage. I am very proud that she was awarded the Prime Minister’s Points of Light award in 2018—the very least that we can collectively do to celebrate her brilliance. It is absolutely right that her energy, enthusiasm and ideas are used to drive us forward.

Sense sent us all a briefing in which it summed up why we should listen carefully to Grace. It said that many public facilities are not currently fully accessible. Many people have multiple complex and/or invisible disabilities and require greater support and accessibility in order to access the local community, but these facilities are often not provided. Change could include the invisible disability sign, greater Changing Places provisions, improved accessible public transport and greater staff awareness for people working in public places. Greater provision of such facilities would lead to better inclusion and help to improve attitudes towards disabled people. Every one of us in this place would agree with every word of that.

That brings me to the all-party group meeting that I attended only yesterday. It was fantastic to see such cross-party support and some really impressive individuals making a difference in an area which, as the hon. Member for East Lothian rightly highlighted, is complex. We all agree that we want Grace’s sign to be a stepping stone to improved signage that is internationally recognised but, as ever, it is not simple. Everything in the political environment takes a little bit longer than perhaps we would like. To get international recognition of a new symbol involves a process with various stages from the initial proposals, through to consensus building, public consultation and publication. It can take a number of years, but that does ensure that, when it is done, it is done properly and is of long standing.

In our country, the British Standards Institution, the UK national standards body, in effect audits and approves something before it is considered by the International Organization for Standardization. The APPG gave an update and a presentation on the work that is being done and I was thrilled that the BSI was fully involved and fully supportive. It is right to highlight those people, beyond the MPs on the APPG, who have done so much work. Lucy Richards, the designer, has taken on Grace’s idea to international stellar levels. I was incredibly impressed by that. Having run a marketing company, it gave me a warm glow to remember the joys of looking at designs. There has been support from Life Changes through Anna Buchan, who provided the funding needed to carry out that extensive work. I should also mention user experts such as Dr Gordon Hayward, Steve Milton and Robert Turpin from the BSI. We had all the movers and shakers making sure that this has been fully road tested, so that when we are ready to take it to the international standards organisation it will tick all of the boxes. I thank the hon. Member for Newport West (Ruth Jones), the right hon. Member for Broxtowe (Anna Soubry), the hon. Member for Rhondda (Chris Bryant) and my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant), who were all present and supportive of that vital work. I will do everything that I can to support that going forward.

I did say that I was lucky with the other meetings that came up. This week, I met various sector champions who are helping to represent all of us to challenge those particular areas to do more and to highlight best practice. The first of those was retail sector champion Samantha Sen. Many of the speakers today have talked about the importance of getting it right in retail. That highlights the fact that this is a win, win. This is not just for those with hidden disabilities. If retailers can get it right, they can access the combined spending power of disabled people, which stands at £249 billion—those 13 million disabled people have considerable spending power.

Seventy-five per cent. of disabled people and their families have left a shop because of poor customer service. I do not believe that there is a single retailer who wakes up in the morning and says, “I want to turn away business.” I do not think that, on any of our visits, we have ever had a retailer saying, “I have too much business. Please do less.” I had the pleasure this morning of speaking at and opening the Retail Forum, at which many of the leading retailers and estate owners—including British Land and the Crown Estate—were present. They absolutely buy into this. They have a real appetite for sharing best practice. It is being channelled through the Purple Tuesday campaign, which many MPs support. On 12 November, we will have a genuine focus on this issue. When they set that up, they expected 70 retailers to be involved; it was actually over 700, and this year they expect it to be over 900. That is making a difference in retail and I commend all those retailers for being so engaged.

I also met Stephen Brookes, who is our transport sector champion. Many people will have worked with him on his brilliant work to tackle disability hate crime, which made a real difference to the Government’s way of going forward. He has real expertise; he initially started with the challenges on the Blackpool buses and spread out to rail and buses across the whole country. Part of the way through our conversation—this was amazing—I said I had been to an all-party parliamentary group that was beginning to look at how we can improve signage. I said, “One of the things I would like you to do is to meet the members of the APPG to give your expertise.” He said, “I have got something to show you. I have seen a sign that is amazing,” and he brought out the sign that had been presented at the all-party parliamentary group. He has confirmed that he would be delighted to support the APPG’s work. That will build on the Government’s new inclusive transport strategy to create a transport system that provides equal access for disabled people by 2030. That is a really important area, because disabled people should be able to travel confidently, easily and without extra cost.

Stephen Brookes reassured me that, over the last three years, there has been a complete shift, particularly with the rail companies and providers such as Network Rail. Any of their major improvements now have to go through their built environment access panel, for which there is a pan-disability group, to make sure they get things right for everyone and that they get them right at the beginning—it is a lot easier to do that then than it is to retrospectively fix things. I was encouraged that so many providers have understood the importance of this issue.

I also met Andrew Miller, who is our arts and culture sector champion. He, again, talked about the huge progress that is being made in our cultural venues and our live music venues. I pay tribute to Attitudes is Everything, one of my favourite charities, which makes live music venues accessible. When I was first a disability Minister, and I insisted on having a picture of Attitudes is Everything, my officials airbrushed out the pint glasses some of its members were enjoying as part of their evening entertainment, saying that that probably was not right for a ministerial wall. I got that corrected and the picture was put back in place.

I understand the importance of this issue, given that my first graduate job was as a nightclub manager. Interruption.] There are not many who could say that. [Interruption.] Mr Deputy Speaker has suggested that that was maybe because I liked dancing; actually, I was probably a manager because I was not very good at dancing. Andrew Miller and I talked in detail about what more all these venues, which an individual may visit only once or twice, could do. Many now put a lot of additional information up in advance on their websites so that users can check. What disabled users do not want to do is travel all the way to a venue and be left red faced when the facilities are not accessible.

I had a look at a website, which looked, in theory, like it was following good practice. It talked about free admission for carers or helpers; free loan of a wheelchair or motorised scooter; providing a personalised guiding scheme for unaccompanied disabled people, as long as it was booked in advance; subtitled video and large print being available; low-level counters; the induction loop system; and guide, hearing and assistance dogs being welcome. However, there was not a single point of contact, and probably the most important thing that any retailer or leisure provider can do is make it crystal clear that there is one. Those with disabilities do not fit into a neat box—everybody has their own unique challenges —and being able to talk things through and knowing where to go if there is a problem can make a real difference. It can also benefit facilities, which can then tap those 13 million customers with their £249 billion.

Finally, I met Huw Edwards, who is our physical activity and leisure sector champion. As my hon. Friend the Member for Chatham and Aylesford highlighted the importance of sport, I pay tribute to Sport England for doing lots more to focus on opportunities for those with disabilities, recognising the importance of sport and physical activity for disabled people through the Sporting Future strategy. I welcome the fact that we are seeing increases in activity. Again, there is still lots more to do, but it is right that we promote opportunities and share best practice. So many want to do more but need this information.

As I initially indicated with my triple yes, I am keen to do everything I can, as quickly as possible, to get this. I was blown away yesterday when I saw the designs and the right balance of the imagery, dealing with all the competing demands across the pan-disability spectrum and getting more detail with the words. I think this will make a real difference. As was said, not all things have to cost a huge amount of money. On this issue, everybody will do everything they can to make sure that Grace’s brave stand really does make a difference, not just in the UK but internationally.

It has been a real pleasure to take part in such a constructive and positive debate. Parliament is at its best today.

Arthritis and Employment

Justin Tomlinson Excerpts

Tuesday 21st May 2019 Westminster Hall

[Douglas Ross (Moray) (Con)]

It is a pleasure to serve under your chairmanship, Sir Graham. I congratulate my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) on securing this debate and on his outstanding speech, which showed his passion and enthusiasm for this topic. I listened carefully, and I do not think he declared an interest at the start, so the spring in his step that we see from him every day around Westminster is perfectly natural and his interest in this debate comes not from any self-interest, but is for his constituents, who have rightly raised the issue. It was good to hear what he has done in his office to accommodate a member of staff.

I want to briefly give some figures from my constituency of Moray. Nationally, 63% of people of working age who have arthritis are in work. When we look at the figures more closely, in Moray, people over 45 with osteo- arthritis of the hip number 4,757. There are 7,848 people over 45 with osteoarthritis of the knee. There are 653 people with rheumatoid arthritis. There are 15,526 people in Moray with back pain. Had it not been for my hon. Friend’s debate today, I would not have known that such a large number of people within my community suffer day in, day out with this condition.

We heard from the hon. Member for North Tyneside (Mary Glindon) about a young person who lives with arthritis. It is testament to them that much of the time when we see them in our communities, they put on a very brave face. They work hard to live with their condition while in excruciating pain. This debate has shown that there is support for them, and we have to do all we can to encourage them to take up that offer of support, but we should also realise how many of those we work with day in, day out in our communities suffer from arthritis.

Arthritis and related conditions are the biggest cause of pain and disability in the United Kingdom, and account for 28.2 million working days lost each year. Nearly half of all work-related illnesses in Scotland are related to arthritis and joint pain, so it is a considerable issue, both in Scotland and across the United Kingdom, and something that we really need to tackle.

I welcome the presence of the Minister, who I am sure will speak about the Access to Work scheme. It is an excellent scheme that we should promote, but as my hon. Friend the Member for Ayr, Carrick and Cumnock said, we need to promote it because there is not enough awareness of its benefits. As he said, between May and June 2018 Versus Arthritis surveyed 15,082 people with arthritis and related conditions. Those people live with it, day in, day out, and are acutely aware of the need for assistance and support. Yet almost 60%—59%—had never heard of the scheme, so the people we are trying to target are unaware of a scheme that is designed to help them.

Worryingly—I would appreciate the Minister’s response to this, if he is aware of why it has happened—the number of people with arthritis who benefit from the scheme has fallen each year.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

indicated dissent.

[Douglas Ross]

That was from a briefing that I received ahead of the debate. If the Minister does not believe that to be the case, it would be useful to clarify that on the record. Certainly the campaign group supporting the debate and briefing MPs says that it has fallen, year on year, over the last five years. I welcome any update from the Minister on that.

I welcome the debate, which is an opportunity for us all to raise awareness of this crippling condition, to support those in our communities who live with arthritis, and to try to get them better services to allow them to work. They all want to be part of the community, and part of the working community. We can support them as a Government and as MPs. Today, because of my hon. Friend the Member for Ayr, Carrick and Cumnock, we have done that.

--- Later in debate ---

[Mike Amesbury (Weaver Vale) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Graham. I thank the hon. Member for Ayr, Carrick and Cumnock (Bill Grant) for securing such a vital debate, which has been informed by a number of charities, which work so hard for the benefit of people with disabilities and those who suffer with arthritis and related conditions.

As we have heard through the very powerful contributions from the 13 Members present from across the House, living with the condition can be debilitating and have a negative impact on quality of life. Arthritis and related conditions are the biggest cause of pain and disability in the UK. As a result, 28.2 million working days are lost annually. Every year, one in five people—20% of the UK population—consults a GP about musculoskeletal problems. More than half of the 17.8 million people in the UK with arthritis and related conditions live with pain every single day. My hon. Friend the Member for North Tyneside (Mary Glindon) highlighted that with the stark case of Danielle. Her condition has a huge impact on her life, slowly intrudes on everyday life, and affects her ability to work, to sustain work and to live independently.

Arthritis can also have a huge impact on an individual’s mental health, as hon. Members have highlighted. Living with a painful condition can lead to depression and anxiety, as well as placing limits on a person’s ability to keep active and to stay connected within communities and society.

We should pay particular attention to the disturbing fact that people in the most deprived areas of the UK are much more likely to report arthritis or back pain than people in equivalent age groups who live in less deprived areas. Some 40% of men and 44% of women in the poorest households report chronic pain, compared with 24% of men and 30% of women in more affluent households. There is a real social class and inequality issue here.

Versus Arthritis, the charity whose excellent work is dedicated to changing the lives of people who live with arthritis and related conditions, estimates that 10% of the UK population aged over 45 suffer with osteoarthritis of the hip, 17% suffer with back pain and 18% suffer with osteoarthritis of the knee. Many Members have highlighted the higher prevalence in their constituencies, which is also the case in mine.

This Government’s apparent antipathy and lack of regard for those who suffer with arthritis and related illnesses has been demonstrated in their limited approach to the promotion of the Access to Work scheme, which has been highlighted by Members across the House. The charity Leonard Cheshire has argued that there has been no significant extension of the programme over the last nine years.

[Justin Tomlinson]

indicated dissent.

[Mike Amesbury]

The Minister shakes his head, but that is from the Government’s own figures.

Will the Minister tell the House what plans are in place to help people with musculoskeletal conditions in the workplace? Arthritis sufferers who have applied to the Government’s Access to Work scheme said they have faced problems with how the scheme operates. In a survey of people with arthritis and related conditions carried out by Versus Arthritis in 2018, 59% had never heard of the Access to Work scheme, with many more unaware of what help was available. It is almost the best kept secret, as my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) said.

Some 25% of respondents said they did not receive all the support that was asked for, or that had been recommended by the Access to Work adviser, with a further 10% saying they did not receive any support whatsoever after applying. Will the Minister tell the House what the Government are doing to ensure that recommendations made by the Access to Work scheme are enacted?

The Equality Act 2010 placed a legal responsibility on employers to provide reasonable adjustments to support people with a disability in the workplace, so that they would not be disadvantaged. However, the Equality Act does not define what those reasonable adjustments are. As a result, it can be difficult for someone with arthritis to know exactly what their employer should be doing to help them, especially if they are not unionised, as was pointed out. Will the Minister tell the House whether the Government plan to undertake work to clarify the meaning of “reasonable adjustments”? Would he agree to work with Versus Arthritis on that?

One in eight of the working-age population has a musculoskeletal problem, but only 63% of that group are in work, compared with 81% of people with no health condition. What steps are the Government taking to close the disability employment gap for people with arthritis and related illnesses?

The Government have pledged to see 1 million more people with disabilities and long-term health conditions in work by 2027—just 100,000 people per year. Curiously, the Office for National Statistics reports that the increased number of disabled people in work has not been matched by a reduction in the number of disabled people who are out of work. We are now two years into the Government’s 10-year strategy for supporting disabled people into work. However, the National Audit Office reports that they have yet to develop a full implementation plan to achieve their goal.

Through whatever kaleidoscope of smoke and mirrors we look when measuring our employment figures, facts are facts: the disability employment gap remains stubbornly at 30% and this Government are failing to get a grip on that dismal statistic. I ask the Minister to listen to the concerns raised by all the Members here today and to commit to addressing and rectifying the unacceptable existing inequality of support for those who suffer with arthritis.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

It is a pleasure to serve under your chairmanship, Sir Graham. I pay tribute to all the speakers—perhaps with the exception of the last one—for their very proactive and constructive speeches on this incredibly important subject. It reflects well on the brilliant opening speech given by my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant), who demonstrated a real passion, knowledge and interest in this area, that it was picked up and reflected in each and every speech. People who have listened to the debate will be encouraged at the great level of interest—it is not as if nothing else is happening in Parliament today. It is brilliant that this issue has captured so much interest.

My hon. Friend was spot on when he quoted Dame Carol Black, who said:

“The evidence is clear that most people with these disabling conditions want to work. Indeed, with the right support and working arrangements, usually with modest adjustments, they can do so and be valued employees.”

He made the powerful point that there is a misconception that this impacts only on older people. In fact, it can affect people throughout their lives. One in six people will develop a disability or long-term health condition, and many of them will be of working age. This is a common challenge and barrier that people need to overcome. I welcome the hon. Member for Newport West (Ruth Jones)—with her expertise in this area, I am sure that she will be a valuable addition to Parliament.

Despite the previous, pre-written speech, the reality of the disability stats is that there are now 947,000 more disabled people in work in the past five years. We have taken disability employment from 44.2% to 51.7%, which is a record high. For the first time, more disabled people are in work than not. However, it is not enough. We are an ambitious Government, and we set out two years ago our ambition for a further 1 million disabled people to be in work. In those first two years, over 400,000 more disabled people are in work. We are ahead of schedule, but it is still not enough.

We will continue to do everything we can to empower businesses to have the confidence to tackle the barriers and take advantage of the huge amount of talent that is all too often overlooked. I do not just preach as a Minister; I say that as an employer. Before I became an MP, my own business benefited from employing disabled people and having the confidence to make small changes. Actually, I benefited. I have been in a series of stakeholder meetings and events today, and everyone was united in saying we have to ensure it works for everyone.

The majority of today’s speeches focused on Access to Work, and I recognise that it is right to challenge the scheme. However, we must recognise that 33,800 people were helped last year—up 13%, and a record high. My hon. Friend the Member for Moray (Douglas Ross) asked whether funding had been increased or decreased in this area. We do not record that specifically, but people who listed conditions that relate to the arms and hands, legs and feet or back and neck—we would expect those to be covered predominantly in this area—as their primary medical condition accounted for about 10% of our spend, which was up 2% on last year.

I recognise hon. Members’ broad point that more people need to benefit from the Access to Work scheme, especially in this area—particularly as technology plays an increasing part in removing barriers and creating opportunities, which I have seen on visits. The hon. Member for Lanark and Hamilton East (Angela Crawley) discussed her caseworker and explained how she is benefiting from small changes that can be replicated right across the board.

The key is improving the awareness of Access to Work. We are looking at improving awareness in jobcentres, so that in the initial conversation we take into account everybody’s unique opportunities and challenges, particularly on health, and that it is ingrained in all our frontline staff that this is an option to help unlock barriers. That goes right to the core of the principle of the joint work and health unit. I had a meeting about that earlier, and we recognise just how important it is. We need to work more closely with stakeholders to promote this to their members as something that can be utilised. We should work with GPs and health professionals to ensure that they are aware of the opportunity.

On fit notes, GPs can highlight the fact that there are fluctuating health conditions that can limit the amount of work someone can do. I understand the point that was made, and we are working with medical professionals to look at what more can be done in that area. We need to look at our health and work providers and ensure they include it—it should be embedded in their options. Through the Disability Confident scheme, we are now at 12,000 businesses—a record high. We have ambitions to increase that rapidly and are looking at putting additional requirements on the highest level of Disability Confident. We should perhaps look at signposting from general benefits. If we have identified people with health conditions through disability benefits, we could perhaps signpost people for additional local support. It is not something that they must have, but providing such information could be helpful for people.

There is one area where I think we can make a real difference. The hon. Member for Ellesmere Port and Neston (Justin Madders) made a really good point: how can we be sure that businesses have an understanding? For many, particularly small and medium-sized businesses, this is not necessarily a common occurrence, and they like to have confidence. There is an opportunity through the Health and Safety Executive. It is a pretty good given. As part of the Health and Safety Executive, we lead internationally on safety. We have just recruited a new chief executive, and I made it very clear to her that the real priority going forward has to be looking at health. The HSE is brilliant at engaging with businesses of all sizes as part of those assessments, and they can identify areas of improvement within working environments. A one-stop shop can be a portal to signpost additional support, particularly on not letting people slip out of work. It is a darn sight harder to get people back into work than it is to keep them in work in the first place.

I was very interested to talk to my Access to Work team about ways in which we can help. Initially, I thought it was perhaps simply about technology. I was looking at some case studies—we cannot give names, for obvious reasons—and in some cases it is about technology. It is sometimes about making adjustments to the equipment that people use. Access to Work will talk to an employer and perhaps suggest changing the working hours or recognising that there might be times when they will have to limit them. Perhaps they could even look at changing people’s roles, which is incredibly important. If someone works for a big employer that has HR and personnel teams, we would expect them as a given to get this right. However, 40% of private sector jobs are in small and medium-sized businesses. They do not necessarily have bad intentions, but they do not have the confidence or expertise. Through organisations such as the HSE we can do a lot more.

I pay tribute to Versus Arthritis, with which I will definitely be working very closely. I will be speaking at its event in July. It is one of our key stakeholders in the Access to Work scheme, which goes through, line by line, how we are doing and what improvements we need to make. The Versus Arthritis report was very proactive and helpful.

I was genuinely impressed by how proactive and constructive the speeches we have heard were. There is a real cross-party commitment to get this right—it is such an important issue. Not everybody is looking for a full-time job or career. I have met young disabled people for whom simply being able to do one hour is a life-changing opportunity. Wherever there is a barrier, we as a Government are absolutely committed to remove it. We want businesses to have the confidence to take advantage of the huge amount of talent that, I am afraid, is all too often overlooked. We are heading in the right direction, but we are ambitious to do more. I thank each and every hon. Member for what they are doing to highlight all the opportunities that people can take advantage of.

Oral Answers to Questions

Justin Tomlinson Excerpts

Monday 13th May 2019 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

8. What steps her Department is taking to help people with disabilities into work.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

We support disabled people to enter employment through initiatives such as the Work and Health programme, which is expected to support 220,000 disabled people over five years, the personal support package, and the new intensive personal employment support programme. Access to Work approved support for nearly 34,000 disabled workers last year, and we engage with employers through Disability Confident.

[Huw Merriman]

Employment prospects for young people with hidden disabilities or who are on an education, health and care plan are much lower than the mainstream average. Supported internships offer a way through, but the take-up from employers is painfully low. Given that the Department for Work and Pensions is responsible for overall targets, may I ask the Minister to work across the Government to ensure that we can use the apprenticeship levy to fund employers to enable them to take up more of these excellent opportunities?

[Justin Tomlinson]

My hon. Friend has been a real champion in pushing forward the opportunities created through supported internships and traineeships, and through our efforts to open up apprenticeships to those with learning disabilities. I will continue to work with the Department for Education and the Department for Business, Energy and Industrial Strategy to increase awareness among employers, and I very much welcome the fact that last year Access to Work saw a 28% increase in take-up for those aged between 16 and 24, in part because of the expansion of the supported internships.

[Alex Chalk]

Specsavers in Cheltenham has teamed up with the GEM project to recruit people with disabilities into the world of work, and the impact has been transformational, resulting in improvements in staff morale and in productivity. What more can the Government do to ensure that the message gets out that recruiting people with disabilities is good for the individuals themselves and good for society?

[Justin Tomlinson]

My hon. Friend has worked really hard to promote opportunities for employers in his constituency to employ people with disabilities. I welcome the fact that, over the past five years, this Government have seen an extra 930,000 more disabled people in work and that, for the first time ever, there are now more disabled people in work than not in work. The key is to give businesses the confidence to realise that they can benefit, and that this is a win-win for the disabled person and for the business.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

My concern relates to the number of people who are dying after being found fit for work. Further to my letter to the Secretary of State, will she commit to publish the Department’s internal reviews of the cases of those who have died? Will she also commit to an independent inquiry? Will she ensure that if any evidence of wrongdoing by someone in public office is found, that information will be forwarded to the police?

[Justin Tomlinson]

This Government are committed to working with stakeholders and those with frontline experience to continue to make improvements. There have been two independent reviews of the work capability assessment, and we have accepted and implemented over 100 improvements. We will continue to do all that we can to improve the process for claimants.

[Chris Elmore (Ogmore) (Lab)]

17. According to the Office for National Statistics for 2018, 20% of disabled people have never used the internet, so what steps will the Department take to assist disabled people who are not computer literate to ensure that their claims are processed quickly and efficiently and that they are able to enter the job market where they can?

[Justin Tomlinson]

All claimants should be advised at the beginning of the process that there are alternative methods of communication. I welcome the introduction of the Citizens Advice provision across the jobcentre network, which is an additional layer of independent support, particularly for vulnerable claimants who may find it difficult to access services.

[Marsha De Cordova (Battersea) (Lab)]

May I welcome the Minister to his post? As the National Audit Office recently pointed out, the number of disabled people out of work has stagnated at 3.7 million during the past five years, because increases in the number of disabled people employed have not been matched by a decrease in the number of disabled people who are out of work. Under the Government’s flagship Disability Confident scheme, it is possible to be a Disability Confident employer without actually employing a single disabled person. Will the Minister now commit to independent evaluation of the effectiveness of that flagship scheme?

[Justin Tomlinson]

The Government have actually delivered an additional 930,000 job opportunities for disabled people over the past five years, and for the first time more disabled people are in work than out of work. The NAO also welcomed our joint work with the Department of Health and Social Care, particularly in the area of mental health. As for the Disability Confident scheme, I welcome the fact that 49% of the businesses that have signed up have said that it helped them to recruit at least one additional member of staff with either a disability or a long-term health condition.

[Paul Masterton (East Renfrewshire) (Con)]

4. What steps the Government are taking to support young vulnerable adults in receipt of universal credit who live in supported accommodation.

--- Later in debate ---

[Dr Rosena Allin-Khan (Tooting) (Lab)]

11. What steps her Department is taking to support people with disabilities in employment.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

We support disabled people in employment through initiatives such as Access to Work, which last year approved support for nearly 34,000 disabled people; Disability Confident, to which almost 12,000 employers are now signed up; and the £55 billion we will spend on benefits this year to support disabled people, including those who are in employment.

[Dr Allin-Khan]

Sarah Jeffers in Tooting requires a specialist wheelchair owing to her cerebral palsy. The Department for Work and Pensions has told her that she is required to pay £17,000 to fund the replacement of her broken wheelchair. Sarah’s job each day is to get disabled people back into work. However, without her wheelchair, she herself cannot work. The DWP has also stated that it cannot provide further funds for her wheelchair because she already receives support for her car from the Motability scheme. Will the Minister meet Sarah and me to discuss this complicated case?

[Justin Tomlinson]

The hon. Lady has been working brilliantly to support her constituent, whom we all want to remain in employment. From the details given to me already, it sounds as if Access to Work would have the potential to help with the funding towards her constituent’s wheelchair. I am happy to look into the details of the case as quickly as possible.

[Dr Allin-Khan]

Will he meet us?

[Justin Tomlinson]

And I would be very happy to meet the hon. Lady and her constituent.

[Dr Allin-Khan]

Thank you!

--- Later in debate ---

[Patrick Grady (Glasgow North) (SNP)]

14. What recent assessment she has made of trends in the level of poverty in the UK.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

The Government remain committed to tackling poverty so that we can make a lasting difference to long-term outcomes. This Government have lifted 400,000 people out of absolute poverty since 2010, and income inequality has fallen.

[Patrick Grady]

Very few people in Glasgow North moving on to universal credit feel as if they are moving out of hardship and poverty. As my hon. Friend the Member for Airdrie and Shotts (Neil Gray) said, 60% of claimants across the country automatically apply for the advance payment, which means that they automatically start receiving less universal credit as the repayments kick in, regardless of their means. How on earth is that helping to tackle hardship or people’s ability to manage their money? Will the Department urgently review the advance payment system?

[Justin Tomlinson]

The hon. Gentleman highlights the importance of ensuring that claimants do not go without any money, which is why we welcomed the improvements to make advance payments more accessible. Let us remember that, under the complicated six legacy benefits, more than £2.4 billion of benefits were left unclaimed every year, worth an average of £280 per month; that meant that 700,000 of some of the most vulnerable people were missing out on their entitlement.

[Ruth George (High Peak) (Lab)]

A constituent of mine who is a single mother with three children was persuaded to apply for a loan to replace her cooker. The loan company took her details and made an application for universal credit on her behalf, unbeknown to her, and claimed a large advance payment that they told her was the loan. When she reported this to the police and to the DWP and asked them to look into her case, they insisted that it was a valid claim for universal credit. She has had her advance payment, and she is left—pregnant, with three young children—with no access to any money until the end of the month. Please will the Minister or the Secretary of State look into this and make sure that vulnerable people cannot be treated in this way?

[Justin Tomlinson]

The circumstances just described sound horrendous. We will absolutely look into that as a matter of urgency and report back as quickly as possible.

[David T. C. Davies (Monmouth) (Con)]

15. What assessment her Department has made of trends in the level of unemployment in the UK since 2010.

--- Later in debate ---

[Wes Streeting (Ilford North) (Lab)]

T5. Access to Work is essential to enabling disabled people to get into employment, but does the Minister recognise that delays with processing applications are causing real difficulty, but particularly for people who are self-employed or, indeed, holding elected office in local government. May I ask him to meet me and one of my local councillors, Rosa Gomez, to discuss these particular challenges?

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

I thank the hon. Gentleman. I welcome the fact that record numbers benefited from Access to Work last year—an increase of 13%—but operational improvements still need to be delivered. I would welcome an opportunity to meet the hon. Gentleman to look at some areas of priority for us.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

T9. Will the Minister’s Department close the loophole that allows terminally ill employees to be dismissed by their employers once one reasonable adjustment has been made, which does not allow for any more changes to the employee’s health because it is not covered by the disability legislation?

[Justin Tomlinson]

I thank my hon. Friend, who has been a real champion in this really important area of work. The Government are fully committed to protecting people with disabilities in the workplace and elsewhere. We welcome the fact that over 1 million employees are now protected by the voluntary employers charter, and this is a real step forward. There is more work to be done, and I welcome the fact that MPs are working together cross-party on this vital issue.

[Tonia Antoniazzi (Gower) (Lab)]

T8. Anne Puckridge, a brave 94-year-old world war two veteran who served in three armed forces, moved to Canada in 2001 and now receives £72.50 a week, instead of £125.95 a week, of the state pension she is owed. She is not alone: 510,000 British pensioners are in the same situation due to the policy that awards an increase only to some overseas pensioners. The pensions Minister has responded on this topic, but will he agree to meet me to discuss Anne’s case and those of the many others struggling as victims of frozen pensions?

--- Later in debate ---

[Carol Monaghan (Glasgow North West) (SNP)]

Earlier this year I met representatives of those who carry out work capability assessments and representatives from the previous disability Minister’s office. I was assured that those carrying out capability assessments were well aware of unseen conditions such as ME, but since then I have been overwhelmed with correspondence saying that people with ME are being declared fit for work. What work is the Minister doing to ensure that the assessors are aware of conditions such as ME?

[Justin Tomlinson]

There is a real emphasis on ensuring that assessors are best placed to identify how fluctuating health conditions and hidden disabilities will impact on the assessment. I am disappointed to hear what the hon. Lady reports and I would be happy to meet her to discuss it further.

[Thangam Debbonaire (Bristol West) (Lab)]

My caseworkers recently updated me on the thousands and thousands of pounds of public money that they have helped to recover for constituents who are entitled to it, often after many months of delays. I am not satisfied with that; I am angry that this Government Department is keeping so many of my constituents and, I presume, others across the country in poverty for so long when they are owed this money. What is the Government doing about reviewing DWP’s shameful record on paying people money to which they are entitled?

Severe Disability Premium

Justin Tomlinson Excerpts

Tuesday 7th May 2019 Commons Chamber

[Margaret Greenwood (Wirral West) (Lab)]

(Urgent Question): To ask the Secretary of State if she will make a statement on support for people formerly receiving severe disability premium who have transferred to universal credit.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Universal credit is the biggest change in the welfare system since it was created. It is a modern, flexible, personalised benefit reflecting the rapidly changing world of work. When designing universal credit, a choice was made not to replicate every aspect of the disability provision in the legacy system.

However, I want to make it very clear that our intention was that no money from this area would be taken out of the system. Universal credit was therefore designed with all the money from the old disability premium recycled to target support on the most severely disabled. Disabled people are some of the biggest beneficiaries of universal credit, with around 1 million disabled households having on average around £100 a month more on universal credit than they would have had on the legacy benefits.

On Friday, the High Court handed down a judgment in relation to universal credit and the severe disability premium. The severe disability premium is an additional premium payable with mean-tested benefits such as employment and support allowance. Universal credit is more targeted, and support is focused on those who need it most. Transitional protection will be available for people who are moved on to universal credit from other benefits, provided their circumstances stay the same.

We are pleased that the court recognises that it is for Ministers to frame the appropriate transitional arrangements for moving claimants on to UC, and we will consider all our options. The Government are committed to delivering a welfare system that supports disabled people.

[Margaret Greenwood]

On 7 June, the Government pledged that severe disability premium claimants would no longer have to transfer to universal credit until managed migration started. Yet for months afterwards, the claimants were still required to do so—until the Government finally introduced a statutory instrument, which came into force on 16 January.

Severe disability premium does not exist in universal credit, so, in transferring, those claimants lost about £180 a month. Often, that was just because they moved home; their postcode changed, but their needs did not. Yet the Government planned to pay them only £80 a month in compensation—far less than they would have received if they were to transfer under managed migration. It is little wonder that the High Court said in its damning judgment on Friday that the Government’s decision had no logical foundation! Payments to former SDP claimants are part of the regulations for the managed migration pilot. The Government have still not scheduled these for debate, so no payments at all have been made; the judgment throws the Government’s plans for the pilot into question, too.

Will the Government ensure that payments to former SDP claimants who have transferred to universal credit fully reflect the loss they have suffered? How many SDP claimants in total transferred to universal credit before 16 January? What assessment have the Government made of the hardship that former SDP claimants who have transferred to universal credit are suffering, and of the impact on children who have had to take on additional care responsibilities as a result of their families’ loss of income? Will the Government publish a clear timeframe to identify and compensate disabled people for the losses that they have incurred? Will the Government separate regulations for the payments to former SDP claimants from those for the pilot for managed migration, so that Members of this House can vote on each separately?

By definition, these people are already having to cope with some of the most severe medical conditions and with disabilities. They should not have to fight through the courts for the support to which they should be entitled. They deserve better.

[Justin Tomlinson]

To reiterate, we have not taken any money out of the system. We are, rightly, targeting support at those who need it the most. For example, under legacy benefits, those on employment and support allowance would have expected to get £160.05 a month, but under universal credit it is significantly higher—in fact, more than double, at £336.20 a month. That is why over 1 million households with disabled people will on average be over £100 a month better off.

That goes hand in hand with our attempts to simplify the system. We are taking seven disability premiums down to two. The legacy system was difficult to deliver, prone to error and often confusing. Under the legacy system, over £2.4 billion of benefits went unclaimed every year. Some 700,000 of the most vulnerable people were, on average, missing out on £280 a month.

In addition to this support, many claimants will be entitled to support with personal independence payment, disability living allowance, attendance allowance or adult social care. Those going through the managed migration will get full transitional protection. We went further with good intentions by introducing the gateway on 16 January, including for those with changed circumstances. We will be considering all options in the light of the judgment and we will update the House in due course.

[Sarah Newton (Truro and Falmouth) (Con)]

I welcomed the introduction of the gateway back in January. Will my hon. Friend confirm that this means that existing recipients of severe disability payments will be moved on to universal credit with transitional protections, so that they are fully protected as they move across?

[Justin Tomlinson]

I pay tribute to the former Minister, who did a huge amount of work in this area to ensure suitable transitional protection for some of the most vulnerable people in the system. It is absolutely the case that those who are part of the managed migration will get full transitional protection.

[Alison Thewliss (Glasgow Central) (SNP)]

We welcome the High Court decision and commend the individuals who brought their case for their perseverance. It is absolutely extraordinary that the Department for Work and Pensions thought it could get away with short-changing claimants who had already been made worse off by being moved on to universal credit. Because of the entirely arbitrary cut-off point where the DWP decided to stop naturally migrating SDP claimants, many thousands will miss out on £1,000 a month. That is completely unacceptable.

The ruling acknowledges what the SNP has been arguing since December: the Tories in Westminster are short-changing claimants who are owed back payments as a result of having their severe disability payments stopped. It is not only appalling that the DWP is short-changing claimants; it is appalling that people will now have to wait for those back payments until managed migration regulations are put through. Even then, it might take months to administrate them. My hon. Friend the Member for Glasgow North West (Carol Monaghan) has twice written to the Secretary of State asking for her to immediately initiate back payments, so that people do not have to wait.

Will the Minister tell the House why the payment of that money has been pegged to the managed migration regulations? Now that the ruling has allowed him to take stock, will he sort out this issue once and for all, and immediately put together regulations that legislate for the full back payments as a matter of urgency? There are now not one, not two but three ongoing cases where the DWP needed to investigate and initiate back payments of disability benefits on an enormous scale owing to error or to their policies being deemed unlawful. Will he ensure that no cuts to other areas of Government spending are being made to cover the cost of clearing up his Department’s mess? Does he really believe that, after all this, disabled people who require support can have any confidence whatever that the DWP has their best interests at heart?

[Justin Tomlinson]

I thank the hon. Member for the points she raises. To be absolutely clear, those who are part of the managed migration will get the full transitional support. The whole point of the gateway was to provide additional support for those who had changed circumstances that would not have been entitled to the full transitional protection. I absolutely understand the point about the urgency of bringing forward the regulations, but we want to ensure they are done in the correct manner so we do not replicate the errors of the difficult and complex legacy benefit, which we see in our surgeries as individual constituency MPs, whereby some of the most vulnerable people in society are missing out on the benefits to which we all agree they are entitled.

[Peter Heaton-Jones (North Devon) (Con)]

Of course people with disabilities must be properly served by our benefits system; I know the Minister well, so I know that he will be working extraordinarily hard to ensure that that happens in his Department. Is it not a fact that universal credit is targeted far more effectively at ensuring that help is given to those who most need it?

[Justin Tomlinson]

I know that my hon. Friend works extremely hard in this area; I have made several visits to his constituency, where I have seen him championing local organisations that make a difference to disabled people in his community. Universal credit targets support at those who most need it, which is why, on average, more than a million disabled households will be £100 a month better off.

[Ruth George (High Peak) (Lab)]

The severe disability premium does what it says on the tin: it goes to those with the most severe disabilities. Why, then, is the Minister claiming that people who most need support are gaining, when more than 10,000 people entitled to the severe disability premium are now waiting for back payments—like my constituent who is owed nearly £1,000 by the DWP? People are building up rent arrears and are in danger of eviction. Why are the Government not treating them properly by bringing forward this legislation and paying them what they are due?

[Justin Tomlinson]

We are all keen to bring forward those regulations, but I remind the hon. Lady that where under the legacy benefit an ESA claimant would expect £167.05, the equivalent under universal credit will be more than twice that: £336.20 a month.

[Martin Vickers (Cleethorpes) (Con)]

Hon. Members of all parties have had experience of the problems that our constituents, particularly our disabled constituents, face with the transfer to universal credit. However, we must not lose sight of the successes. Yesterday, the Grimsby Telegraph carried a report in which Mr Mark Coad said that, following the death of his partner,

“I signed up for Universal Credit, and it has been one of the best things that I have ever done, because it not only got me back into work, but provided me with some support mentally, as it forced me to get out of the house and stop wallowing in my grief.”

Does the Minister agree that we must focus on the successes and ensure that all cases have an equally successful result?

[Justin Tomlinson]

My hon. Friend raises an important broad point: universal credit offers personalised, tailored, bespoke support, for the first time. If hon. Members visit their local jobcentre and talk to staff, particularly to experienced staff, they will hear how for the first time they feel empowered to make a real difference to people’s lives.

[Christine Jardine (Edinburgh West) (LD)]

Does this latest botched attempt not underline that one reason why the Government are having trouble with universal credit is that it was primarily designed as a work-related benefit and that it continually misses out the people who need it most? Will the Government now re-table the managed migration regulations without the hard stop?

[Justin Tomlinson]

I do not recognise that point. As a Government, we are spending £5 billion more a year on supporting people with disabilities and long-term health conditions through the main disability benefits. We are rightly targeting support at those most in need in society. Through universal credit, that is coupled with a personalised, tailored and bespoke service.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

The loss of the severe disability premium continues to cause hardship to people in my constituency and throughout the country. In some cases, it has forced people into rent arrears and extreme poverty. What are the Minister and the Department doing specifically to support people in those situations?

[Justin Tomlinson]

Through the universal credit system, for the first time, they will have a named work coach who can help them to navigate not only any individual challenges that they face, but the additional support that they can get. Rightly, we are making sure that the most vulnerable people in society get both the financial support and the time from their named work coach to make sure that they are in their best position.

[Tom Pursglove (Corby) (Con)]

What steps is the Minister taking to cascade the detail of this policy to advice services so that they can best help and support those who come to them seeking help?

[Justin Tomlinson]

My hon. Friend raises an important point. Not only do stakeholders and those with real, genuine frontline experience work closely with us and help to shape our policies, but we recognise that they can play a key part on the frontline. I therefore very much welcome the announcement that Citizens Advice will be present across the jobcentre network to provide additional support for claimants above and beyond what our frontline staff do.

[Chris Stephens (Glasgow South West) (SNP)]

We know that approximately 20,000 people died before the Department was able to review their backdated ESA payments. That must not happen with the severe disability premium payments. Has the Department investigated whether it has happened to claimants who were owed such payments? If so, how many? In the event of death, who will receive the back payments?

[Justin Tomlinson]

The key priority is to make sure that we get money to the most vulnerable in society as quickly as possible. That is why our commitment remains that we will bring forward the regulations at the earliest opportunity.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

In March, I raised with the Minister the case of a constituent with a severe brain injury who applied for universal credit in August 2018 and immediately lost his severe disability premium. The Minister requested that I write to him. As yet, I have received no response. My constituent has now been without his severe disability premium for almost nine months. This vulnerable individual needs action. Will the Minister get a grip on this?

[Justin Tomlinson]

I apologise to the hon. Lady that I have not seen the letter yet. I will make sure that I do as a matter of urgency and will respond personally.

[Thangam Debbonaire (Bristol West) (Lab)]

My constituent suffered severe trauma and mental illness. When he filled in his form four years ago, some mistakes were made, but those mistakes could and should have been picked up. However, he has had to wait years for money he was owed in back payments.

The problem I want to raise with the Minister is that our local Money Advice Service was not able to get a response from the DWP. It was only when my caseworkers got involved that the £15,000 my constituent was owed was repaid. What will the Minister do to ensure that DWP staff are responding in a timely manner to Money Advice staff?

[Justin Tomlinson]

I am very sorry to hear about that, because what we would like to see—there are many, many cases of best practice—is local support organisations working hand in hand with local jobcentres, so that the most vulnerable claimants in particular get additional support as they go through the system.

[Hywel Williams (Arfon) (PC)]

Despite the Minister’s words about paying more money, I am afraid it seems to me that he is robbing Peter to pay Paul. Given the weakness of local advice services, particularly in rural areas such as mine, will the Minister provide hon. Members with a breakdown of the geographical distribution of the 10,000 or so cases so that we can reach out properly?

[Justin Tomlinson]

I thank the hon. Gentleman, whom I have worked with closely on other issues. To be absolutely clear, in going from the legacy benefit to universal benefit, we have not taken money out but are targeting it at the most vulnerable people. Overall, our spending on those with disabilities and long-term health conditions has increased by £5 billion per year. The key is that all jobcentres will have the support of Citizens Advice to provide additional support for claimants who want it.

[Jessica Morden (Newport East) (Lab)]

A constituent of mine who was forced on to universal credit with no protections lost a considerable amount of money to help with her living costs when her severe disability premium stopped. Now we learn that she may have to wait six months to see any money, even when the regulations are passed. How on earth are disabled people supposed to cope in the meantime?

[Justin Tomlinson]

The priority in our reforms is to make sure that the most vulnerable get the most support within the system. Without knowing all the details of that case, it is difficult to comment, but I am happy to look at the details.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Has the Department contacted all those who have lost out on payments? If not, when will the Department do so? Will the Minister commit to ensuring that absolutely no burden is placed on claimants in applying for back payments of the severe disability premium, and that his Department will take on the burden of gathering the available evidence to ensure that payments are made as soon as possible?

[Justin Tomlinson]

The judgment was given only on Friday, but we are urgently considering all the options available to us. Once we are in a position to do so, we absolutely will make sure that we communicate with all claimants.

[Mr Jim Cunningham (Coventry South) (Lab)]

Has the Minister not got the message that this system is not working? As has been pointed out repeatedly, it is not working. About a fortnight ago, I visited one of the biggest food banks in the west midlands. They are the ones helping people who cannot claim their benefits. Why do the Government not scrap it and start again?

--- Later in debate ---

[Justin Tomlinson]

I could not disagree more. Under the legacy benefits—the benefits the hon. Gentleman is seemingly advocating that we go back to—700,000 of the most vulnerable people, many of whom are those using the food banks, are missing out on £2.4 billion of support.

[Mr Cunningham]

indicated dissent.

[Justin Tomlinson]

The hon. Gentleman can shake his head, but these are some of the most vulnerable people. We are creating a simpler, clearer system so that those vulnerable people do not miss out on the support they are entitled to.

[Stephen Lloyd (Eastbourne) (Ind)]

It is rather frustrating that, yet again with this Government, people have had to go to court before they get some change and acknowledgement. I know and respect the Minister, as he has been very helpful to me on a number of issues. Will he just give a commitment on the Floor of the House that the DWP will ensure that anyone who has missed out on severe disability premium will have retrospective payments so that, ultimately, they get what they are entitled to?

[Justin Tomlinson]

I thank the hon. Gentleman for his kind words. I have enjoyed working with him on a number of issues. Obviously we only saw the judgment on Friday, and we must consider the options. The issue was additional support through the gateway, and we will have to look at that, but we remain committed to ensuring that those who are part of the full transition will receive the full support.

Ten Years of the Work Capability Assessment

Justin Tomlinson Excerpts

Wednesday 24th April 2019 Westminster Hall

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

It is a pleasure to serve under your chairmanship, Sir Henry; you have expertly managed the timekeeping. I pay tribute to the hon. Member for North West Durham (Laura Pidcock). I know this is an area that she has campaigned on since she was first elected, and she does so with real passion and a determination to see improvements right across the system. That was echoed by all speakers. I might not have agreed with absolutely every point—hon. Members would not expect me to—but it is clear that there is a real desire to see continued improvement and an emphasis on how important that improvement is to people who are going through the process.

The hon. Member for Lincoln (Karen Lee) highlighted a particular story, which I was very touched by. I would like to meet her to discuss it further, as I think there are lessons to be learned from that case. I am certainly sorry for the experience that person has gone through.

This area is a real priority for me. I have been the Minister for Disabled People before, when I was a Parliamentary Under-Secretary. I have been an elected representative for 19 years, so I recognise the comments—we see first-hand through our casework instances where things have not gone right. I have spent my parliamentary career being proactive, working with MPs across the House, and stakeholders, charities and experts in this area. I listen to what is said, I try to do my best to make improvements and I certainly hope that that was reflected in my record as Minister for Disabled People last time. I will continue in the same vein.

The Government are focused on this area, and we have rightly increased funding for those with disabilities and long-term health conditions. This year, we are expected to spend £55 billion, which is a £10 billion increase in real terms since we came to office. It is a record high and it is 2.5% of GDP, which is higher than the spend of any other G7 country. It is 6% of total Government spending, and I think every penny is rightly supported by the wider public.

The debate today is focused on the 10-year anniversary of the work capability assessment, which I note a few speakers did acknowledge was introduced by the last Labour Government. Clearly, it was not perfect and there has been much-needed improvement since its introduction. We are all committed to playing our part in improving the process and to taking account of the developments in healthcare, modern workplaces and flexible working arrangements.

Backing up those improvements were the five independent reviews. The first three were carried out by Professor Harrington and the final two were carried out by Dr Litchfield. More than 100 recommendations were made that we have accepted and delivered. As the Secretary of State set out in her recent speech, we need to do more, and that is a real priority.

Many people have highlighted concerns with the frontline staff and process. Since 2015, the Centre for Health and Disability Assessments has taken over the delivery of the work capability assessment, and the focus has been on improving the operational process. It has increased the number of healthcare professionals by 82% and 1,300 staff are now directly involved in supporting assessments. It has increased the number of assessment rooms and significantly improved the training programme—many speakers highlighted these issues, in particular in relation to individual conditions. There is broad training on disability analysis and on specific conditions, including multiple and complex conditions, which covers three distinct areas—principles and professional standards; the assessment process; and scrutiny and file work, with an emphasis on quality. Training is predominantly modular, with competency testing at every stage. The healthcare professional must then undergo the continuing medical education programme and is subject to regular case reviews and audits. For complex cases, we expect the healthcare professional to refresh knowledge prior to the assessment.

One very important and welcome addition that has begun to be rolled out is the introduction of customer champions. I absolutely recognise just how anxious and nervous people can be when going for assessment. I absolutely get that. The customer champion can assist those claimants, before and after assessments, to ensure that they receive the best service. We have had good feedback on that, and the intention is that there will be one in every single assessment centre.

I also recognise the comments about communication—the brown envelopes coming through. There is a commitment from me to work further with stakeholders to improve the letters that come out. I have seen this as a constituency MP; I have taken a deep breath at the poor quality of some communications. We need to improve that.

[Karen Lee]

Does the Minister agree that subjecting people who have either a chronic illness, such as multiple sclerosis, or a terminal illness to these kinds of work capability assessments is totally unacceptable?

[Justin Tomlinson]

I cannot give a broad-brush answer. I know what the hon. Lady is saying and I am coming on to the use of evidence and how we can do more earlier and, potentially, then with paper-based assessments. I will come on to that. I understand, but I cannot give a definitive answer, because every claimant has their own unique challenges that have to be addressed.

In addition, SMS text message reminders about appointments have been welcomed, and there has been a lot of work on the website, which includes mock assessment videos so that people can get an idea of the sort of things to expect. Those things are all looking to remove some of the anxiety and worry about assessments. There is more to be done in that area, but we recognise that.

The improvements in the training and the extra healthcare professionals have meant that median clearance time halved from 25 weeks in March 2015 to 10 weeks in 2018, and customer satisfaction has exceeded the 92% target since that point. However, that does not mean that we are getting it right every time, and that is what I want to turn to now in focusing on MR and appeals.

All of us as Members are frustrated when what seem to be clear-cut cases come to our constituency surgeries asking for our help. There are times when we think, “How on earth can this have happened?”, and ultimately the person could have a very long appeal process to go through to get the right decision. In the majority of cases, appeals are successful because of additional oral and written evidence. That has to be addressed. We rightly are going to tackle it and will do so in two stages—first, with the MR process. We have started doing this with PIP. We are seeking to contact the claimant who is disputing a decision and talk to them directly to get the additional oral and, potentially, written evidence at that stage to see whether we can improve decisions at that point, rather than waiting for the evidence to come at the end of the appeal process.

[Debbie Abrahams]

Does the Minister think that it is unacceptable that any Government policy should cause their citizens to take their own life or to die? If he does, should there not be a moratorium on this policy until it is got right? Surely one death is one too many.

--- Later in debate ---

[Justin Tomlinson]

We all recognise that suicide is a tragic and complex issue, and we take it extremely seriously. We take the death of any claimant seriously and, where we are made aware that a person has died and it is suggested that that might be associated with the DWP directly, a review will be undertaken to identify whether any lessons can be learned and can be actioned.

[Patricia Gibson]

Will the Minister give way?

[Justin Tomlinson]

Let me make some progress, because this is a very important point about the MR process. We are in the early stages with a new way of looking at MRs, but there have been very positive results, and we will now roll this out to all the PIP dispute sites. We intend to do the same for the ESA sites as well.

The second stage has to do with the appeal process. Again, we recognise that people will submit additional, late written and oral evidence.

[Patricia Gibson]

rose—

[Justin Tomlinson]

Let me just make this point. I want to explain one of the challenges. The shadow Minister, the hon. Member for Battersea (Marsha De Cordova), talked about a 30-week wait, in some cases, for an appeal. The person may have got the additional evidence in week six, but then the system is saying, “I’m sorry, but you’re going to have wait another 24 weeks until we can actually take that into account.” That is clearly not an ideal situation, so we are looking at how we can lapse appeals, where there is new evidence, to reconsider the decision with the additional evidence and be able then to give them a different decision. If we do not think that that should change the decision, they have the right to carry on right through to the final appeal process, but if it is something that is clearly going to change the decision, we should act as quickly as possible.

[Patricia Gibson]

Will the Minister give way?

[Justin Tomlinson]

In a second. Over the past five years, only 4% of work capability assessment ESA decisions have been revised at appeal, but we recognise that it is in no one’s interest that things should be picked up only after a lengthy appeal process, so we are absolutely committed to being proactive in this area, and this issue will be a real priority.

[Patricia Gibson]

I thank the Minister for giving way. I just wanted to ask for clarification on one point that he made, which was about appeals being successful because of new or additional information. How does he respond, then, to the fact that people who go on to appeal do so on the basis that the information that they see about themselves is badly or very badly expressed and incorrect, and to Citizens Advice saying that 81% of the customers it sees have inaccurate information recorded about them, which leads to a wrong decision?

[Justin Tomlinson]

I am coming on to how we can do more to ensure that the right evidence is put into the system at the earliest possible moment and in the right way. We do not want people who should be getting support to have to go through a lengthy process unnecessarily. We all agree on that, and I hope that hon. Members can see that what I am describing is an important improvement. It is still at an early stage, but as I have seen in previous debates, it is the sort of thing that stakeholders want us to do, and we are rightly going to take it forward.

Let me come on to the point about evidence. It is referring to the integrated service. There is a bit of confusion in terms of what people thought that this would be. The view was that it ultimately would be a panacea whereby people would go for one single assessment for PIP and for the work capability assessment. The reality is that very few people apply for both benefits at a similar point in time. However, for the very few people who do, it might make sense for them to have, if they wish, both of the assessments on the same day instead of having to come in on the Monday and then again on the Wednesday. That may be what people want to do, but we are talking about very small numbers.

The thrust of this is to share evidence if the claimant wishes that to be done. One point that many hon. Members made was about the challenge that often arises of getting the evidence, whether from the GP, the physiotherapist or the hospitals, in a timely manner and in a way that is helpful for their assessment. If they have managed to do that once and they would like us to use that evidence again, with their consent, that is something that we would seek to do as part of building the new digital system and ensuring that the claimant has consistent, better information. Being able to share evidence will reduce the burden of providing the same evidence multiple times. It could potentially lead to fewer face-to-face assessments if we can gather crucial, vital, clear-cut evidence earlier in the claim.

I want to pay tribute to all the stakeholders, the medical experts, the charities and all the MPs across the House who regularly engage on this issue. Over the coming months, we will be doing a series of roundtables and regional events to gather further evidence, with a real emphasis on those with real experience of this area, so that we can further improve the system. We want to build trust, transparency and consistency and we want to improve the claimant’s experience through a more personalised and tailored approach. As a returning Minister, I am committed to supporting disabled people and those with long-term health conditions to claim and receive the benefits to which they are entitled and to ensuring that people are treated fairly and with dignity. I thank all the Members across the House who have contributed today.