Personal Independence Payments (Wales)

Kevin Brennan Excerpts

Wednesday 9th April 2014 Westminster Hall

[Susan Elan Jones (Clwyd South) (Lab)]

Diolch yn fawr, Mr Owen. It is a pleasure to serve under your chairmanship. I am pleased to have secured this debate on personal independence payments in Wales. It is an important debate for many of our constituents, including many of the most vulnerable, who are being failed by the system. I hope that hon. Members here today will share cases from their constituencies and that we will get some action from the Government.

I could, like other hon. Members, share with the House many accounts given to me by constituents of their experiences. I will begin with one told to me by a lady from Gwynfryn in my constituency, who was diagnosed with breast cancer on 22 August. After fighting through two rounds of surgery, and showing continued strength through chemotherapy, she approached me in January to see if there was any help that my staff and I could offer her. My constituent had applied for personal independence payments soon after her diagnosis. She knew she would be unfit to work and that she would need financial support through a difficult time. She received a response from Capita and waited her turn, hoping that the backlog would clear. My constituent is still not receiving PIP—or any financial support; and she is still undergoing chemotherapy.

Capita’s own information pack, given to applicants, states that assessments should be made within “approximately 28 days.” I think we can all agree that my constituent—like many other people in a similar position—has waited long enough. The Government have instituted a system in Wales that is meant to offer advice and assessment, and to provide support, but it is failing woefully. The absurd situation in my constituency is that Department for Work and Pensions staff are advising local people to get in touch with me to see whether I can help the process along with Capita. Government employees are advising my constituents to contact me, as their elected official, to put pressure on a body that was instituted by the Government and is paid for by taxpayers the length and breadth of the country.

Capita, of course, is an external body—a registered company that is independent in how it chooses to run itself. However, it is clearly failing to adhere to guidelines on processing dates and fulfilling contractual duties, and it is letting down those who desperately need support. That is not good enough. Dim digon da. The Tory-led Government decided to place Capita in charge of PIP assessments in Wales and allowed that system to be put in place without any serious pilot scheme. That cannot be right.

Last week, at our request, a senior representative of Capita met some Welsh Labour MPs. To our horror, in answer to our questions we were told that the company originally thought that assessments would take “around an hour”; in reality they take between two and two and a half hours. In the same meeting, again in answer to our questions, Members were told that Capita estimated it would need to assess 70% of applicants face to face. We were told that that figure is closer to 99%. How could those figures be so wrong? Where was that clarification from the Department for Work and Pensions before the contract—paid for by public money, I remind the House—was granted?

[Kevin Brennan (Cardiff West) (Lab)]

Like many other hon. Members I could cite cases to reinforce the point about MPs being used by the company to solve issues. Does my hon. Friend hope that the Minister will tear up the parts of his speech that may have been provided by officials about the general background to personal independence payments policy, and that he will focus instead on the failure of the past year, and the suffering that constituents have gone through because of that incompetence? He should explain what has happened and what will be done in future, and apologise to those constituents—who are often the most vulnerable—for the suffering inflicted on them.

[Susan Elan Jones]

I agree wholeheartedly with my hon. Friend.

The Minister may be heartened to hear me mention a previous Prime Minister, Baroness Thatcher, who used to say she believed we should run the national budget like a household budget. Leaving aside our views on the politics of the late Baroness, perhaps we can use that analogy here, to look at the scandal of the joint DWP and Capita mess that has been made with our money. We might imagine Capita as a firm of builders hired for a two-week job at an agreed daily rate, but which has already taken a month and is still nowhere near finishing. If I or many of my constituents had hired those builders, they would be out on their ear. What if Capita were a local charity, such as the type I used to manage before I became an MP: the local organisation that has to negotiate with a local authority or other body for a service level agreement? We can imagine the conversation: “We are not seeing the agreed number of clients; we are not getting things done on time,” and so on. If a small or medium-sized voluntary or community group, dealing with the council or another external body, was in that position, the agreement would be terminated.

Yet we are not talking about one household and an incompetent builder, or a small or medium-sized charity working with a council. We are talking about a failure, paid for by the tax-paying public and being subsidised massively on a multi-million pound basis. It is time that someone, somehow, somewhere—preferably the Government—carried the can for what has happened as the result of a deal between a private company and the Government, which is not working. Capita has not delivered on its contract with the Department for Work and Pensions. It has time and again displayed the fact that it is letting people down. At what point will the Government stand up, take notice of the constituents who are asking for help, and take action on an issue that is becoming more serious with every passing day?

In Penycae, another village in my constituency, a constituent suffers from terrible arthritis throughout her body, and is on lifelong medication as a result. Until last year, my constituent held a responsible, white-collar job. In June, her contract was terminated for reasons of medical capability. One would think that at that point she would receive support, but since she left her job in June she has been waiting on PIP. She has been waiting for Capita. She is completely unable to work and that has been confirmed by her GP and by hospital consultants. My constituent can provide personal reports, X-rays and supporting documents that make it crystal clear that she is entitled, in need and completely genuine; there is no doubt about it.

Why, then, is the system failing my constituent and so many others like her across Wales? The Government’s fact sheet on personal independence payments says:

“PIP is to help towards some of the extra costs arising from a health condition or disability.”

PIP, the replacement for disability living allowance put in place by the current Government, can be anything from £21 to £134 a week. It can be used to cover transport, care and all sorts of other costs that can be vital to those who are disabled or sick. By the Government’s own admission, PIP is support for people when they are unable to work because of a health condition or disability and need financial help. That is what the Government say PIP is, and that is what they claim Capita is providing.

The constituent I mentioned is still waiting for any kind of financial help. She is receiving no level of care from Capita or any other Government body. Since being forced to leave her job in June, she has been completely outside the system and is without any financial support. As a result, my constituent has lost her bank account and is experiencing the attention of debt recovery services. For Capita to tell someone like my constituent from Penycae that her case is in the queue, that a backlog is being experienced and that someone will “get to her when they can”—I believe those were the exact words—is absolutely not good enough. My constituent cannot wait another few months for money to come in. She needs it now. In fact, she has needed it since June, when she first applied. How many people can seriously be expected to live for nine or 10 months without any income? Yet that is what is happening in her case.

--- Later in debate ---

[Mr Peter Hain (Neath) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Owen. I apologise at the outset for having to leave immediately after I finish speaking, to undertake an official appointment relating to my duties as a former Secretary of State for Northern Ireland. I will not hear the Minister’s reply, but I will of course read it.

In the short time since personal independence payments have come into force, it has quickly become evident that the system is miserably failing people and leaving some of the most vulnerable in our communities in absolute desperation. My Neath constituency has one of the highest rates of take-up of the old disability living allowance, a legacy of the industrial heritage that once provided livelihoods for many of my constituents, but has now resulted in serious health problems—a heavy price to pay.

New applicants face a system of delay and despair. Many constituents have been waiting six months or longer, having had their face-to-face assessments and been told, frustratingly, that

“the report is in the final stages with a senior healthcare professional.”

For those six months they have been living off savings to help them to adapt to their conditions. The prospect of a backdated payment is of no comfort to them as they struggle with day-to-day tasks that many of us take for granted, while their families suffer under the stress and strain of caring for them.

In some of the cases processed by Capita, health care reports have not been up to standard and further information has been required. That involved going back to the assessor and requesting further information. In one case, a second face-to-face assessment was required, and in one astonishing instance it came to light in March 2014 that despite the assessment being carried out in November 2013, no assessment report had been prepared by the assessor. Those constituents’ misery and distress seems to have no end.

The protracted ordeal is just to get the assessment report from Capita to the Department for Work and Pensions. As the assessment reports start to trickle through to the Department, the emerging trend is of further delays in the final decision after the report has reached the Department. So after months of waiting with Capita, applicants face further delays, and that only adds to their misery.

I raised with Capita and the Department a case that encapsulates the ordeal. A constituent made his original application on 5 July 2013 after suffering a serious brain seizure, a stroke and several other seizures. He returned to work initially, but because of his mobility problems he could not continue. He underwent a home assessment on 15 October 2013, and made numerous calls to the Department for Work and Pensions to chase up the progress of his application. Every time, he was referred to Capita because the report had not been sent, but he was told that

“the report is in the final stages with a senior healthcare professional”.

One event epitomises his situation. He woke up one morning and asked his wife to leave him in bed as he was feeling unwell. Shortly after she left for work at 8 o’clock in the morning, he suffered a series of convulsions that lasted approximately 30 minutes. He had difficulty breathing and removing his continuous positive airway pressure mask, which he has to wear because of obstructive sleep apnoea and the danger of a stroke or heart attack. He was unable to get out of bed for the rest of the day until his wife came home at 4.30. He did not eat or drink all day and had to urinate into a bottle.

My constituent’s wife is caring for him but because he has no income from PIP she is at the point of utter exhaustion. The decision to award the benefit is vital to enable his wife to give him the proper care and supervision he needs. Until a decision is made, the couple cannot arrange that care, and their life is in limbo. In March, my constituent finally received his decision notice, only to be informed at the end of the month that a stop had been put on his payment—a decision that could not be explained when he phoned DWP. It has now been nine months and he has not received a payment. DWP’s decision notice states that he is owed a back payment of more than £5,000. He has been let down by Capita and the Department for Work and Pensions as his anguish goes on.

In another case, the application was made in June 2013. The report from Capita was eventually received by DWP on 13 February, but a decision has still not been made. The claimant told me:

“I have no confidence that the process will ever end, there is always one more stage, one more delay.”

That sentiment is felt by many who have lost faith, which is a dreadful stain on the Department for Work and Pensions, where I served as Secretary of State.

The excruciating stress and anxiety is hitting people seriously, including cancer sufferers and ex-servicemen with post traumatic stress disorder. Ministers should be ashamed of the system, which is punitive, nasty and causes abject despair to far too many people.

[Kevin Brennan]

To emphasise the dilemma facing our constituents, I should say that in a similar case in my constituency a women who suffered a stroke made an application in June 2013, and has just received the benefit. Her husband elected to reduce his hours at work as a result of which they lost the tax credits that they were entitled to, so they went into even deeper problems as a result of the unacceptable delays.

[Mr Hain]

My hon. Friend makes an important point. I am not going to make personal attacks on Ministers because they probably believe they are doing a professional job, but I sometimes wonder whether they have any idea of what is happening on the ground as a result of their policies.

If the Atos debacle taught us anything, it is the importance of getting the decision right in the first place—in my constituency, the local welfare rights unit had an 80% success rate with its appeals against Atos’s decisions—but that should not mean waiting unacceptably long times such as six, seven or eight months for a decision that could dramatically affect somebody’s life and income. Action must be taken immediately to address this inexplicably lengthy and prolonged system that is causing misery and despair for applicants. The turnaround of applications must be drastically accelerated by both the assessment provider and the Department.

--- Later in debate ---

[Mark Tami]

My hon. Friend makes a good point, because something has gone very badly wrong. As I said, some of these things are not just slightly out; there is a massive problem.

I will quote just one more paragraph from Capita’s note:

“What are the current timescales from applying for PIP to a decision being made?

The Department for Work and Pensions estimate that in total it may take around 21-26 weeks from the time a claimant first calls to initiate a claim to when they write to them with their decision. For most people this will include a face-to-face appointment which could take…12-16 weeks to arrange.”

I find that staggering. Then there is this very helpful comment:

“It may take less time than this or longer”.

There we are; there is our answer. Now we know that things are going very well!

As my hon. Friends have made clear, we have all dealt with such cases. I have details of one here. The person applied for PIP last November. They were chasing and chasing and finally got an assessment date for April, but they are still waiting to go through that process. Someone else applied for PIP in June. They had the assessment. However, they got an answer from the DWP only in March, and again that was after they had chased it. Someone else applied in September 2013. Three medical assessments were cancelled by Capita. Some were cancelled without the person being told. They chased for an appointment and finally got one in January. Again, they were having to chase all the time. My favourite is this one. Someone received a letter on 4 February this year informing them that a consultation would take place at their home sometime between 20 January and 25 January. They go back in time to have the assessment, back to the future, or perhaps it involves the use of a Tardis or there is some other new thing that the Department can use.

[Kevin Brennan]

I do not think that this has been mentioned so far in the debate, but Capita did not only meet us last week; it met many of us before the introduction of PIPs and it made certain commitments and promises, based on the assumptions that it had been given by the DWP that none of these things would happen. We were given assurances that there would not be these kinds of delays, that it had the right plans in place, that it knew what it was doing and that there would be no repetition of the mistakes made by other private contractors such as Atos. It failed miserably on that, and ultimate responsibility does come to the Minister. I am sure he accepts that, and we respect his willingness to take it on board, so as the Minister responding to the debate today, he does not need to go through the history of the benefit. We know that.

[Mike Penning]

I am not going to do that; give me a chance.

[Kevin Brennan]

Good, but I am just giving the Minister that warning not to go through the history of the benefit but, yes, to deal with his responsibility, who is responsible—

[Albert Owen (in the Chair)]

Order. Mark Tami.