Personal Independence Payments

Kate Green Excerpts

Wednesday 21st January 2015 Westminster Hall

[Kate Green (Stretford and Urmston) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce) on securing the debate, and I thank all hon. Members for their valuable comments.

For months, claimants have been telling us of problems with the administration of personal independence payments. It came as no surprise to read Paul Gray’s independent report and the concerns that he raised. Gray highlights a disjointed claimant journey, a lack of trust by claimants, a lack of transparency in the process, and a pretty poor experience all round for claimants seeking to apply for PIP. Gray states that

“the primary focus of early comment and attention on PIP has been the unfortunate reality of long delays and backlogs”,

thus reiterating what MPs have been hearing again and again from our constituents over the past few months. It is very clear that the roll-out of this benefit has not gone to plan.

The initial plans for PIP suggested that 500,000 fewer people would receive PIP than DLA by the end of 2015-16, and that all working-age DLA claimants would be reassessed by that time. That is some 2 million-plus claimants, but according to the most recent official figures, which were published just before Christmas and go up to the end of October 2014, the backlog of cases waiting for a decision stood at 287,000, and just 2% of affected DLA claimants had been reassessed.

The Minister has said—we heard it again this morning—that reducing the delays and the backlog in PIP is his top priority. Clearly, that is welcome, and I am sure we will hear from him about the progress that has been made. As my hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz) pointed out, on 15 January in the House of Lords, Lord Bourne told peers that the backlog had fallen to 107,000. There has been no official publication of that figure, and I have to say that it really is not acceptable for Ministers suddenly to pull figures out of the hat only a matter of parliamentary days after official figures giving a very different picture have been published. I hope that the Minister will be able to give us more information about the source of that figure of 107,000 and tell us when proper underpinning data about that will be publicly available, so that Members can scrutinise them.

It is welcome to hear that there has been progress in reducing the backlog, but it is also important to remember that the Government have shifted the goalposts. The original intention in the impact assessment was that it would take 12 to 16 weeks from application to receiving a decision. However, in June 2014, the Secretary of State said that the aim was that by the end of 2014 it would take a maximum of 16 weeks for an assessment—not a decision, but an assessment, which is one stage before a decision is made. The Minister reiterated the commitment to a 16-week time scale for assessments when he appeared before the Select Committee on Work and Pensions on 10 September. The DWP’s PIP online toolkit, which I checked last night, also confirms the ambition of a 16-week time scale.

However, even that less ambitious target still has not been achieved for all claimants, as we heard from hon. Members today. I hope the Minister will tell us when and whether the 16-week target has been met. It certainly seems to be being indicated to claimants that it will not be met. My hon. Friend pointed out the case of his constituent, who was told that there would be a 26-week wait, and what is more, that it would be too early to chase until 16 weeks had gone by. That does not suggest to me an ambition to clear that assessment within a 16-week time frame.

It is also very concerning, from another example that my hon. Friend pointed out, that where something is wrong in a claim, the clock seems to be set back to zero. An application that might have been made many months ago, as he described, but with a wrong or missing piece of information is not timed from the beginning of that claim, but only from when that piece of information is received. I understand that the Department will say that it cannot process an incomplete claim, but the consequence for that individual and others like him is that they have waited months and months to get an assessment and to get the money that they need.

I particularly want to ask the Minister about the situation with young people turning 16, as mentioned by my hon. Friend the Member for Erith and Thamesmead. Kath Whittam is a parent living in Southwark, whose daughter received DLA. A letter was received from the DWP in February 2014 as her daughter approached her 16th birthday, advising her to prepare for PIP. The family were anxious about the situation, but they put in an application and Kath underwent an assessment to be the responsible fit and proper person to receive PIP payments and administer them for her daughter. However, because of the backlog, the PIP assessment still had not been undertaken by the time of her daughter’s 16th birthday, and because London, where the family live, is not yet in the area affected by migration to PIP, the daughter was no longer in the cohort due to be migrated to PIP, so the family were sent another DLA claim form. The daughter was, in fact, re-awarded DLA indefinitely in September.

That kind of situation is not just appalling for the claimant—and it is; it was stressful for Kath and her daughter, who were anxious about the PIP claim and about having to initiate a claim, and then being told that they had to apply all over again for DLA—it is wasteful of public money. There was all that pointless correspondence, the cost of a wasted assessment to establish that Kath was a fit and proper person, and then her daughter ended up back on DLA.

I asked the Minister in how many cases that had happened, and I received his written answer on 8 January, but it did not address that specific question. Perhaps he will tell us today how many 16-year-olds, or those approaching 16, have been through and successfully completed the PIP claims process, and how many have not and have had to return to DLA.

The cost of administering the benefit has been impacted by the need to draft in resources to deal with the backlog. The Minister, again in a written answer on 8 January, told me that 76 temporary staff have been employed to help, although he ignored my specific question about the rise in cost of staff time. Meanwhile, Paul Gray, in his report, highlights the fact that staff are undertaking evening and weekend work to help deal with the backlog.

There is considerable uncertainty about future costs, about the level of awards, and about the capacity to shift large numbers of reassessments once the full programme of managed reassessments commences. That uncertainty has been flagged up by both the National Audit Office and the Office for Budget Responsibility.

In February 2014, the NAO said that PIP was £140 million behind the projected £780 million savings in the current spending review period, and that the DWP had revised down the projected savings four times between January 2012 and December 2013 due to delays. It said that the administrative cost had risen from £49 for DLA to £182 for PIP, and that average waiting times for DLA were 37 days compared with 74 days for PIP. We do not know the current position on waiting times, because the DWP, as has been noted, will not publish all that information until March.

The NAO also said that the DWP had been set a budget of £101 million for delivering PIP in 2013-14 and £85 million in 2014-15. Will the Minister say whether that sum has been used in full or whether it has been exceeded, and if so, has it been used to deliver fewer of the assessments that had been planned when the budget was set? The NAO concluded:

“Because it may take some time to resolve delays the Department has increased the risk that the programme will not deliver value for money in the longer term.”

In October, the OBR published its “Welfare trends report”, which noted DWP projections:

“16 per cent of the DLA/PIP caseload will be on PIP by 2015-16, rising to 63 per cent by 2018-19. With comparatively little outturn data and a delayed rollout, we adjusted our forecast upward in March 2014 to reflect the emerging outturn data on the pace of the rollout. But it is too early to tell whether that was sufficient.”

Then, at the autumn statement in December, the OBR revised spending upwards by a further £400 million a year as a result of more people being found eligible for the new benefit than had been planned.

The Gray report shows that all those concerns about delays and costs to the public purse are matched by poor claimant experience. Starting right at the time of the application, Gray points out difficulties for some claimants with hearing impairments or learning disabilities using the telephone, and says that there is a need for alternative forms of digital access. Will the Minister say how he will take that forward?

There is a lack of information about the processing of people’s claims. Gray highlights that people are being told to ask the DWP, but the DWP says, “Ask the assessor” and the assessor says, “Ask the DWP.” As he said, that is “not an acceptable level” of customer service for any institution in 2014. He identifies problems with implicit consent; will the Minister say what steps he is taking to clarify that to staff and assessors? There are issues with the complexity of the claim form and the time taken to complete it, and people do not know that they can ask for an extension. As for gathering evidence to support a claim, Gray suggests better information sharing, which I think is a welcome suggestion, and I would like to know what the Minister is doing about it.





Gray also highlights uncertainty about who is responsible for gathering evidence—whether it is the assessor or the claimant. Sorting that out is pretty crucial, because the claimant has one month to gather information and submit a PIP2 claim, and many miss that deadline. In a written answer on 8 January, the Minister told me that there had been 159,000 disallowed claims, of which 48,500 were the result of non-return of the PIP2 form within the time limit. Is the DWP tracking what happens to those people? Do they apply again? That would mean additional cost to the public purse and more stress for the claimant. How many claims are treated as withdrawn, rather than disallowed? Does that include cases in which evidence has not been returned in time, and what impact has it had on clearance figures?

Gray highlights other problems, including appointments cancelled or people not being notified in time, the configuration of the room for assessments, and a lack of understanding by claimants of the purpose of some of the questions; it needs to be made clear that it is a functional, not a medical, assessment. Gray highlights some problems with the substance of the assessment: the descriptors on planning a journey, the use of aids and adaptations, and the problems with mental health conditions, fluctuating conditions and learning disabilities. He also highlights, very importantly, the use of informal observations as part of the assessment process and the need for transparency around that. He draws attention to poor communication of decisions. I am pleased that the DWP will review decision letters. When and how will that be done, and will claimants be involved?

In conclusion, Ministers need to be sure that the process of administering PIP is fair and effective. Better communications with claimants are clearly needed. Gray also suggests better liaison between assessors and claims managers. Decisions need to be timely and fair. Worryingly, Gray notes wide geographic variations in outcomes. He is right to recommend “horizontal” scrutiny of claims to ensure consistency, and a proper evaluation strategy; and he is surely right, in the light of all the delays, costs and confusion, to recommend action to redesign the PIP model regarding the claimant experience and business effectiveness. I hope that the Minister will take this opportunity to answer the many questions that colleagues and I have posed, and I look forward to his response.