Employment and Support Allowance and Universal Credit

Kate Green Excerpts

Thursday 17th November 2016 Commons Chamber

[Justin Tomlinson]

I predicted that that intervention was coming, and it is an important point. The pledge was incredibly popular with stakeholders and focused officials’ minds. When I was a Minister, a lot of my work involved lobbying other Departments, so it was helpful when I was able to namecheck the then Prime Minister, as this was his personal pledge. I do not actually recall that press release, as my understanding was that we had not set the date because that was going to be determined in the Green Paper. Personally, I wanted to see significant progress year on year.

One problem with just adopting the approach in the pledge is that the number of disabled people in work could remain static yet in a recession the overall number of people in work could fall, meaning that the gap would close without any more disabled people benefiting. I wanted to set a target such as having 1 million more people in work by a certain date, which would mean that we would know that 1 million more disabled people had benefited. We were due to consult on that as part of the Green Paper process when I was in my ministerial role.

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

I agree with the hon. Gentleman that a single target can be a crude measure, so would it not have been sensible to have had two targets: to halve the disability employment gap by 2020, as the Department appeared to be committed to doing last year; and a numerical target? Does he think the new ministerial team might consider that suggestion?

[Justin Tomlinson]

I think that is twice as good as the current plans—it is a brilliant suggestion. All these targets focus minds, and this one made a difference in terms of pushing. That was a lot of what we had to do. We did not necessarily have all the levers ourselves, so having that target to focus minds makes a significant difference.

Wages have increased by 2.3% this year against the backdrop of an inflation rate of 0.9%—that fell again this week, helping people. We have also extended childcare. Let me briefly talk about universal credit, which will make a significant difference.

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

It is a pleasure to follow the hon. Member for North Swindon (Justin Tomlinson). I pay tribute to him for his work and the commitment that he showed when he was the Minister for Disabled People. I congratulate the hon. Member for Airdrie and Shotts (Neil Gray) and thank him for introducing the debate. I also thank the Backbench Business Committee and its Chair for making time for this debate.

I join colleagues in expressing our deep concern about these cuts, which are based on several misconceptions and the effect of which will be cruel and perverse. Everybody wants disabled people and those with long-term health problems who can work to do so, and to have the support to do so. Everyone agrees that those people face additional barriers and may need that additional help.

As we have heard, the Government have published a Green Paper that makes a number of welcome proposals for improving that support for disabled people. I welcome in particular the replacement of the disastrous Work programme with personalised, tailor-made support for disabled people. I welcome the introduction of specialist work coaches, who will support the disability employment advisers in jobcentres, but I regret the fact that the number of disability employment advisers was reduced under the coalition Government. I welcome, too, the introduction of the health and work conversations, although it is a pity that they had to come in several years after the coalition Government prematurely scrapped Labour’s work-focused health-related assessments.

All those additional measures of support are proposed in the Green Paper, but it is none the less surely perverse to cut benefits for disabled people before the support is in place. There is no evidence at all that cutting financial support makes people more likely to move into work. Indeed, investigation by our colleagues in the House of Lords, Lord Low and the Baronesses Meacher and Grey-Thompson, has shown that the opposite is the case. They point out that it becomes more difficult when financial resources are reduced for disabled people to afford training and to undertake volunteering opportunities or work experience that could help them to move towards work. The Centre for Regional Economic and Social Research in 2011 confirmed that cutting benefit for those who are unable to work because of illness does not result in more people moving towards work because it does not address the barriers they face—their health, employer attitudes, availability of suitable jobs, lack of reasonable adjustments or skills gaps—which the Government’s Green Paper acknowledges and seeks to address.

Ministers have said, particularly during proceedings last year on the Welfare Reform and Work Act 2016, that an additional £30 a week of benefit disincentivises disabled people from working. There is no evidence at all for that. Indeed, as the hon. Member for Airdrie and Shotts pointed out, removing the £30 of additional support creates perverse incentives. If someone leaves the ESA to try to find work and they find that it does not work for them, after April 2017, when they reapply for benefit, they will be treated as a new claimant. They will not be able to retain the protection of the additional £30, which existing claimants will retain. Other people are likely to move from the ESA WRAG into the support group, where they will not be expected to look for work at all.

The proposals fail to recognise the nature and purpose of ESA for those in the WRAG. It is an income replacement benefit, in recognition of the fact that those in the WRAG have undergone a work capability assessment that has found that they are currently not fit for work. Employers, in many cases, would not have them in the workplace. Those employers would say that it was not safe to do so. In such circumstances, by definition, an individual cannot derive income from earnings, hence the need for the income replacement benefit. As we have heard several times this afternoon, because of the longer journey to return to work that people with disabilities and health conditions experience, there is a need for additional financial support and a higher rate of benefit.

I would like to say little bit about the support in universal credit for those with limited capability for work. Those people are set to lose out even if they are in work. At the moment, the limited capability for work element and the additional support through the disabled person’s work allowance in universal credit are roughly comparable to the support in tax credits for disabled people working 16 hours a week. If those in work on universal credit lose additional support, they will be substantially worse off than those on tax credits. That is surely a perverse outcome of these cuts that Ministers will want to address.

All such perverse outcomes might have been avoided and the policy improved if an equalities impact assessment had been properly carried out at the time of parliamentary proceedings on the legislation. As we have heard, the Equality and Human Rights Commission offered help with such an assessment and set out a methodology for carrying it out. Regrettably, that suggestion was rejected by the then Government.

[Heidi Allen]

Did the EHRC not offer to do that assessment for free? I seem to remember that it did, such was its wish to contribute.

[Kate Green]

I do not know whether the EHRC offered to do the assessment at no cost, but it certainly set out a substantial and detailed methodology by which the assessment could be carried out. Further, when the Government produced their own rather thin analysis, the EHRC was very clear that it was unsupported by evidence and that it was insufficient.

We now have the Green Paper, which has some welcome proposals and a welcome ambition to halve the disability employment gap, although as my right hon. Friend the Member for East Ham (Stephen Timms) pointed out, we do not know when that goal is to be reached. I hope that the Minister will consider the suggestion, which I think the hon. Member for North Swindon supports, that we should consider more than one measure of success in assessing disability employment.

I must tell the Minister that, for all the good in the Green Paper, her proposals will be seriously undermined if she proceeds with the current cut before the proposals have had a chance to take effect. There is no justification for making sick and disabled people poorer. It will not help them to recover, and it will not help them to find work. Disability charities, Opposition MPs and, indeed, MPs from the Minister’s own party have all expressed their deep disquiet about the proposals. It is not too late to think again, to call a pause on this cut and to ensure that disabled people receive the financial support to enable them both to maintain a decent standard and quality of living and, where they can, to have the wherewithal to look for work, prepare for work and take the steps on the journey back to work that so many of them are desperate to make.

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[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

This debate could not be more timely, given that we are a week away from the autumn statement. It speaks volumes that the motion has been supported by Members from nine parties represented in this House. I warmly congratulate my hon. Friend the Member for Airdrie and Shotts (Neil Gray) on his persistence in pursuing this issue and on marshalling such broad cross-party support.

As we have heard, Members on both sides of the House know that it is just not right to cut employment and support allowance for sick and disabled people in the work-related activity group by almost £30 a week. It is just not right to cut the corresponding limited capability for work component for those on universal credit. It is especially not right to press ahead with these punitive cuts, which are due to come into effect for new claimants from next April, when the Government have acknowledged that their efforts to address disability employment have failed to date, and their system of employment support for sick and disabled people of working age has been wholly inadequate.

Earlier this month, the Government finally brought forward their long-awaited Green Paper on the disability employment gap, which I have welcomed and we all hope will initiate comprehensive improvements. We have heard a very different tone from Ministers in recent weeks. There have been serious attempts by senior Ministers to distance themselves from their predecessors, not least with the Prime Minister’s early commitment to a

“country that works for everyone”.

They will be judged by their actions, not their words, and that is precisely why we need to hit the pause button on these cuts to ESA and universal credit that will cause hardship and distress to thousands of people who are not fit for work. The exchanges between the hon. Members for South Cambridgeshire (Heidi Allen) and for Twickenham (Dr Mathias) captured this point succinctly when they said that we need to pause to allow the support infrastructure to catch up.

Ministers know that we in the SNP have been deeply critical of the Government’s willingness to allow the most disadvantaged sick and disabled people to bear the brunt of austerity cuts. We will continue to hold them to account for the adverse consequences of their actions—those consequences are already writ large among sick and disabled people in all our communities and constituencies—but I and my colleagues have also tried to be constructive by offering ideas, solutions and better ways forward. We will continue to do that, because it is in everyone’s interest that we get this right.

We should not forget that when these cuts were first announced, the then Chancellor argued that they were intended to remove “perverse incentives” in the system. That point has been made by several hon. Members today. I hope that the new incumbents in the DWP and the Treasury now recognise that taking away necessary financial support from sick and disabled people who have been assessed as unfit for work does not make them get better any more quickly. Quite the reverse: there is a growing body of evidence that poverty exacerbates illness, hinders recovery, and makes it harder for people with long- term conditions to secure and sustain employment.

As we have heard, what is actually perverse is to reduce the resources available for sick and disabled people that enable them to work. I hope the Government will ditch the prejudices and stereotypes that have fed the poor policy decisions of the past, and will listen not only to disabled people and those who represent them, but to MPs on their own Benches who have expressed severe disquiet about the consequences of these cuts.

I am reluctant to break the consensual tone of this debate, but I must respond to the question that the hon. Member for Edinburgh South (Ian Murray) asked my hon. Friend the Member for Airdrie and Shotts about whether he thought that the Scottish Government should plug the gap, using new devolved powers in Scotland. Unfortunately, the hon. Gentleman has not stayed for the rest of the debate, but I suspect that he knows as well as I do that both ESA and universal credit are not areas of devolved competence. They are fully reserved, despite my best efforts last year, when I tabled and spoke to amendments to the Scotland Bill that would have devolved all working-age benefits. Obviously, we failed to win the backing of the House for those proposals.

It is a wee bit rich for Members to oppose the devolution of those powers yet to demand that the Scottish Government plug the gap. The Scottish Government have already committed an extra £20 million for disability employment support, but they cannot be expected to plug every hole in the bucket of poor Westminster policy making. The hon. Gentleman should take a long, hard look to his own conscience and perhaps his own voting record.

[Kate Green]

As the hon. Lady will remember, my hon. Friend the Member for Edinburgh South (Ian Murray) pointed out that the Scottish Government were able to provide additional support in relation to the bedroom tax, so it has such a power regarding reserved benefits. His question was: would they use that power in relation to this cut?

[Dr Whiteford]

I thank the hon. Lady for her point, but she should remember that the Scottish Government’s steps to mitigate the bedroom tax have had to be paid for out of money earmarked for our responsibilities in devolved areas. We need to take a responsible approach to make sure that we get this policy right in the long term. We have committed an extra £20 million. I do not know whether she was one of the 20 Labour MPs who marched through the Lobby like the Tories’ little helpers last year to support the fiscal charter on austerity, but as the hon. Member for South Down (Ms Ritchie) pointed out earlier, we would not even be having this discussion if the Labour party had been the effective Opposition it could be. I urge Labour Members to work with all of us on these Benches to stop the austerity that is hurting disabled people, to rise to the occasion, and to be a better and more effective Opposition.

Let me come back to the main point of the debate. I want to highlight a number of reasons why the cuts to ESA WRAG and the universal credit limited capability for work component are harming people and are counterproductive. The first is that ESA should not be considered an equivalent of jobseekers’ allowance. People in the ESA WRAG are assessed as not fit for work, whereas with jobseekers’ allowance, the clue is in the name. However, the key point is that, for the most part, JSA is a short-term benefit. Most claimants come off it in a matter of weeks or months, so it is not designed to support people over long periods. By contrast, ESA is for people with serious health problems and disabilities. It is designed to cover some of the additional costs associated with serious illness and disability, and it recognises the reality that many claimants are likely to be in receipt of the benefit for a longer period—in over half of cases, for more than two years.

In my part of the world, one of the most obvious additional costs is heating for people who are likely to be at home all day, who might not be able to move about so much and who need to keep warm. People on low incomes already spend a huge proportion of their money on essentials such as energy and food. We know from the debt charities referred to earlier that a large proportion of people on ESA are already in debt, running a domestic budget deficit and living from hand to mouth. They have already experienced substantial real-terms cuts to their incomes due to austerity.

Getting by on a low income for a long time is hard. It entrenches poverty among sick and disabled people, who end up using all their savings and eroding their assets over time. Illness and disability also take a heavy financial toll on wider family members, who often find their own earning potential limited because they are providing unpaid care, and who try to support loved ones out of their own limited financial resources.

The Government are quite right to say that the disability employment gap is unacceptable, but they need to recognise that those disabled people who are in work are more likely to be in low-paid jobs and are at higher risk of in-work poverty. They also often move in and out of work more frequently than those who do not have health problems.

Less has been said in the debate about the parts of the motion relating to universal credit. The disabled worker element of working tax credit, which is due to disappear under the shift to universal credit, is the very component that actually makes work pay for many disabled workers. The loss of the limited capability for work element for everyone except those in the support group means that many working disabled people will be around £1,500 a year worse off. That will make it harder for disabled people to sustain employment, and it actively undermines efforts to support sick and disabled people into work.

The Government have pointed out in the past that these cuts will apply only to new claimants, but the reality is that people with serious fluctuating conditions often move in and out of work. That is particularly true of people with persistent and serious mental health conditions, who make up such a large proportion of the ESA case load. The fluctuations of these and other conditions that change over time are often compounded by fluctuations in the labour market and by the trend towards more temporary, fixed-term employment and zero-hours contracts.

The cuts we are debating actually create significant disincentives for those with fluctuating conditions to move into work, because if they do, they become sick again, and if they try to get back into work too early in their recovery and they relapse, they know they will be back on ESA at a significantly reduced rate. That is punitive and counterproductive.

That is at the heart of why we are calling on the Government to hit the brake on these cuts until they have had time to get their act together on the Green Paper and to come forward with more comprehensive and effective support measures for sick and disabled adults of working age. That has been a consistent refrain from Members this afternoon, who have shared moving testimonies from their constituencies.

Cuts to the already low incomes of sick and disabled people who are not fit for work or who are in precarious, low-paid employment are completely unjustifiable. They will damage the health and wellbeing of ordinary people whose lives are already hard enough because of serious health problems. These cuts will push people into deeper poverty and further away from sustainable employment.

The distress and anger of sick and disabled people can be seen and heard in communities across these islands, and those concerns are articulated clearly in the open letters published today. These people are citizens with rights, citizens with needs and people with a contribution to make. It is time that the Government started listening, and I urge them today to do the right thing.

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[Penny Mordaunt]

I am going to make some progress. We offer personal budgeting support for those who are transferring to universal credit. That could include money advice, with a mix of online, telephone and face-to-face support. I am also looking at extending that service and considering what further support I could give.

For the sake of the record, I remind the House that the changes to WRAG due in April next year will not affect those who are already in receipt of ESA and universal credit or the equivalent. Further safeguards mean that they will not lose the extra payment even if they are reassessed after April and placed in the WRAG. I hope that that will reassure the hon. Member for Edinburgh East (Tommy Sheppard), whom I cannot see here, and the two constituents that he mentioned yesterday, Dean and Lauren.

[Kate Green]

Will the Minister give way?

[Penny Mordaunt]

Bear with me. In response to the hon. Lady and my hon. Friend the Member for Eastbourne (Caroline Ansell), we aim to protect existing claimants who temporarily leave the benefit—for example, to try out work—and who then return. We will introduce draft regulations in due course to set out the detail. Nor will the change affect anyone whose ability to work is significantly limited by their health condition or disability. They will be in the support group or the universal credit equivalent.

On that point, let me recognise the concerns that have been expressed about the binary nature of the work capability assessment and how someone’s fitness to undertake a particular type of work is not an indication of how close to the labour market they might be. We need to take into account several other factors, including their skills, in making that assessment. That is why the Green Paper focuses on the work capability assessment and its reform. I hope that that will be welcomed by all Members, particularly the hon. Members for Strangford (Jim Shannon), for Glasgow East (Natalie McGarry) and for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who mentioned it.

We have sought to get people to fit the system rather than to be part of a system that recognises the importance of personalised support. Everyone’s circumstances will be different, as will their multiple challenges.