Employment and Support Allowance Underpayments Debate

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Department: Department for Work and Pensions

Employment and Support Allowance Underpayments

Lindsay Hoyle Excerpts
Thursday 18th October 2018

(5 years, 5 months ago)

Commons Chamber
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Sarah Newton Portrait Sarah Newton
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The hon. Gentleman is now bringing up cases of people who applied for ESA more recently—I think that is what he is talking about—which is different from the people who were migrated across from incapacity benefit to ESA. Clearly, it is really important that we get the decision right first time for everyone. That is what we absolutely want to do: make sure that people applying for ESA are treated with respect and dignity, and get the right result.

I always look at the claimant experience, because behind every statistic is a real live person. The independent data shows that, when asked how they experienced the work capability assessment, over 90% of ESA claimants are satisfied. Obviously, some people, about 9% of people who apply for ESA, take their cases to appeal because they are not satisfied with the results. About 4% of those cases are upheld. Often, that is a case of more medical information being brought forward. I do not want there to be any appeals; I want to make sure we make the decisions right first time. That is why we put in place independent reviews and put in a huge amount of work to improve the work capability assessment and improve the benefit. [Interruption.] From a sedentary position, people are shouting out, “How long is the waiting time for appeals?” [Interruption.] I think the custom in the House is that Members rise to their feet to ask a question. [Interruption.]

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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Order. Lots of Members want to get in. We need short and accurate answers.

Sarah Newton Portrait Sarah Newton
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I want to come on to answer the question about the waiting time for appeals. That is the responsibility of the Ministry of Justice. I am working very carefully with the MOJ to reduce the amount of time people have to wait for appeals. It is coming down. In the last set of statistics I saw, it had come down by 9%. Over 200 judges have been recruited to the tribunal service, so we can see improvements—

Lindsay Hoyle Portrait Mr Deputy Speaker
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Order. Can I just say that it is not fair to keep going? I am sure there will be a written question to which there will definitely be an answer.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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Will the Minister confirm that the money will not come from existing budgets? Will she also make representations to the Chancellor to ensure the extra spending will not impact on additional spending urgently needed in other areas, such as universal credit?

--- Later in debate ---
Sarah Newton Portrait Sarah Newton
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The work capability assessment was at the heart of the hon. Lady’s question, and it has been the subject of consultations and huge amounts of stakeholder engagement. We are absolutely determined to continuously improve the work capability assessment. Healthcare professionals who undertake the assessments are all medically qualified and they are all trained. We have a huge amount of stakeholder engagement working with us constantly to improve the work capability assessment and in fact, the whole claimant journey through ESA.

Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
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Thank you very much, Mr Deputy Speaker; that was unexpected—I thought I was in trouble.

I have to say, I am a little disappointed with the Minister. This is such a sensitive and incredibly important issue; a little more contrition at the Dispatch Box really would not have gone amiss. I am pleased, however, about the Department’s acceptance that where there are errors on its part, back-payments will be made. In that spirit—of accepting the principle of back-payments when errors are made—may I ask whether this will require primary legislation? I asked about kinship carers and back-payments when erroneous decisions had been made by the Department, and I was told that primary legislation would be required to make those back-payments. Is the same true for these ESA back-payments?