Welfare Reform Bill

Mark Durkan Excerpts

Wednesday 1st February 2012 Commons Chamber

[Stephen Timms]

I answered the Minister’s question. What his figures show is that only 6% of those who go on to ESA—no doubt many of them will have been on statutory sick pay before that—are in a position to come off the benefit within one year. That is not a reasonable chance to get back to work, as I think the Minister will recognise if he reflects on the matter.

As the Minister said, Lords amendment 18 specifically addresses cancer. I do not think that anyone in this House will be surprised to learn that, for many cancer patients, 12 months is not long enough to become well enough to get back into work. At 12 months, many people are still experiencing debilitating physical and psychological effects from the cancer and from its treatment. People cannot go back to work in those circumstances, and that is why Macmillan Cancer Relief, which my right hon. Friend the Member for Cynon Valley (Ann Clwyd) referred to, says that

“proposals that ESA claimants who are expected to carry out work-focused activities will only receive the benefit for one year, without being means-tested, will hit cancer patients particularly hard”.

Macmillan also says:

“Three quarters…of people with cancer placed in the ESA Work-Related Activity Group are still claiming ESA 12 months later.”

[Mark Durkan (Foyle) (SDLP)]

Does my right hon. Friend agree that the Minister, with his rather “Let them eat cake” answer to our right hon. Friend, the right hon. Member for Cynon Valley (Ann Clwyd), was emphasising that the 7,000 people affected would generally have another income available to them? That ignores, first, that that other income could be quite modest; secondly, their family circumstances; and, most importantly, the fact that they face other costs—of a personal, family and household nature—because of their condition.

[Stephen Timms]

My hon. Friend is absolutely right. Ministers say that there is no need to worry because means-tested ESA will still be there, but if a partner is earning £7,500 a year, no means-tested support will be provided at all.

In the other place, Baroness Hayter quoted a letter from a 59-year-old man currently on contributory ESA who has worked and paid into the system since he was 15—that is, for 44 years. Now, when his health is failing, he will be left on the poverty line. He draws the obvious conclusion—this picks up on the point that my right hon. Friend the Member for Birkenhead (Mr Field) made earlier—saying:

“It would be better if my wife stopped working then perhaps I could claim income-related ESA—just like any person who has never worked”.

That is the position that this change is putting people in. The Government say they want to reward work; with this measure, they are scrapping the reward for work.

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[Dame Anne Begg]

Let me say from the outset that I support the Lords amendments and do not agree with the Government’s motion to disagree. I shall talk about two main aspects: one is the time limitation and the second is the can of worms that I have managed to open this afternoon about the youth rate.

The time limit is unfair to people who have worked all their lives, done the right thing and thought that part of their payment of national insurance would provide them with some kind of insurance scheme so that if an unfortunate accident or ill health befell them, they would qualify for an income replacement benefit—in this case, employment support allowance—regardless of their actual income. People believed that it would work like any other insurance policy and would pay out if the unfortunate happened. The Government are breaking that link between the concept of an insurance policy and how much and for how long it will pay.

People suffering from cancer are often used as an example of a group that will fall into the work-related activity category of ESA: cancer patients will often not be well enough to go back to work within the year. Other groups of people have fluctuating conditions and some have slowly progressive neurological conditions. From everything the Minister said today, the assumption seems to be that people in the work-related activity group will move towards work, but some will be on the opposite journey, moving further and further away from work as their condition deteriorates.

Because we assess people not on their condition but on how their condition affects them when they go through the assessment, someone with multiple sclerosis or in the early stages of Huntington’s disease might not qualify for the ESA group, might end up in the WRA group and might qualify only some time in the future. They are likely to be a group that has already been in work and will have fallen out of work precisely because they have been diagnosed with these conditions. Although many of us—and probably those people, too—want to be in work, we live in the real world where employers will often not take the risk of employing someone with that type of condition, especially if the person has already lost one job precisely because of it.

I think the time limit is arbitrary and unfair, and I wish the Government would look at it again. The two-year provision is arbitrary as well—[Interruption.] In fact, I do not agree with time-limited provisions at all, but this is the best we have; it is twice as good as the Government’s proposal. [Interruption.] I am sorry that some Conservative Members at the back of the Chamber find this so funny. The people with Parkinson’s disease and MS do not find it funny. It is their lives that are being undermined, and it is they who will not have an independent income. It is my constituents—and, indeed, those of Government Members sitting at the back of the Chamber—who, because they have saved all their lives, will not qualify for income-related ESA and will suffer as a result. They will lose their independent incomes, and their household incomes, although they may have been cataclysmically affected, may still be too high for them to qualify for income support. Despite what those Government Members sitting at the back may think, income support levels are very low, and the actual level of income on which such households will have to live will therefore not be what they may have expected.

[Mark Durkan]

My hon. Friend may recall that, in an intervention on the Minister, the hon. Member for Shipley (Philip Davies) pledged his support to the Government on the basis that, in rejecting the Lords amendments, they were removing from the system people who had been abusing it as a “lifestyle choice”. The people we are discussing are people who are suffering from life-impacting conditions such as cancer, Parkinson’s and AIDS, or young people who have had disabilities since their birth or childhood. Where does the issue of lifestyle choices come in for those people?

[Dame Anne Begg]

I could not agree more with my hon. Friend. It is not a lifestyle choice to be diagnosed with a progressive, debilitating condition. It is hard. It is difficult. Individuals in that position face enough prejudice in society already, probably from the employers who told them that they could no longer do their jobs. That is why they need to apply for and claim benefit: because they have already faced that prejudice, which the Government may be making even worse. It is hard for those people, and we are making it harder.

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[Mrs McGuire]

My hon. Friend makes a very good point and no doubt he will pursue it outside this House.

Before I move on, I want the House to hear what Lord Freud said in the other place when asked about how people would cover the reduction in rent. The Minister glibly passed over it, saying that it was only £12 or £14 on average. Lord Freud said:

“Claimants affected by this measure will have to decide whether to meet any shortfall themselves—from their earnings for example, or they could take in a lodger, or someone they know, to fill the extra bedrooms.”—[Official Report, House of Lords, 18 October 2011; Vol. 731, c. GC72.]

How many times does the Government expect people to take lodgers into their family home? Will social landlords even allow lodgers to be taken in, because in my experience they do not allow it? I see the Liberal Democrats are nodding. Ministers also need to make it clear whether rent received in such circumstances would be taken into account in benefit calculations. They are putting people in an unbelievable bind.

This proposal is ill thought-out and will not achieve its aims. It is predicated on an assumption in the impact assessment that will not work. It will push the poorest people, including those who are working—we should not forget that this is an in-work benefit—into even greater disadvantage. It will force social landlords to take eviction action if people end up in arrears. In other words, it is a disaster of a policy, and we should support the Lords in these amendments.

[Mark Durkan (Foyle) (SDLP)]

As well as the socially disastrous consequences that my right hon. Friend has mentioned, does she recognise that under the parity principle this measure would have to be transposed to Northern Ireland? Particular difficulties will be caused in relation to access to social housing in the future and to the demands for new social houses that are benefit-sized to be built in particular locations. Given the geo-sectarian tensions in parts of Northern Ireland, it could be a factor for destabilisation, with certain communities being seen to be punished for their current demographic status.

[Mrs McGuire]

My hon. Friend has highlighted exactly why this particular proposal has been ill thought-out.