Work-related Activity Group

Mark Harper Excerpts

Tuesday 3rd February 2015 Westminster Hall

[The Minister for Disabled People (Mr Mark Harper)]

It is a pleasure to serve under your chairmanship, Mr Sanders. I congratulate the hon. Member for Edinburgh East (Sheila Gilmore) on securing the debate and raising these important matters. I will come to her point about communication later, but there is common ground there, and I hope to update her on that. We may not agree about some of the policy changes, but it is very welcome that we agree that we should communicate clearly and put in place plans to improve communication.

I think that the hon. Lady acknowledged this in her speech, but to be clear, the policy intent of the work-related activity group, as well as that of employment and support allowance more generally, remains as it was when it was introduced by the Labour Government in 2008: to help people to return to work wherever that is possible. We know that there are generally health benefits from working and work-related activity.

The hon. Lady mentioned people with progressive conditions. I touched on this issue when Dr Litchfield published his final report. If they are arguing that the diagnosis of a progressive condition such as Parkinson’s or multiple sclerosis effectively means that someone should go into the support group, with the assumption being that they will probably never work again, some of the groups that represent those people should think about that, because it has a lot of consequences for how we treat people with progressive conditions. It kind of sends a message to employers that if someone gets diagnosed with one of those diseases, they should just be sacked because they cannot contribute anymore, even though some of those conditions are progressive over a long period of time. We have to think about how we treat people with those conditions.

Clearly, there will be a point in a progressive condition when someone is perhaps not able to work, and perhaps not able to work again, but we should not assume that the diagnosis of a progressive condition automatically means that someone in the support group is never able to return to work. That would send out some unhelpful messages that those groups—when they are not arguing about whether people qualify for benefits—do not themselves argue. They argue that people should be able to remain in the workplace while they can, and should be properly supported in that.

[Sheila Gilmore]

I point out to the Minister that the reason why people are claiming this benefit at all is that they have fallen out of the work force. Often they have been through a period with their former employer in which they were trying to stay in the work force. We are not necessarily dealing with people who will find it easy to work under any circumstances.

[Mr Harper]

I accept that point, but employers vary in their ability to deal with people with health conditions and disabilities. Some are better than others. For example, we know that some employers retain almost everyone in their organisation who develops a mental health problem, because the employers can deal with that effectively. Some employers, however, are not good at dealing with that. The only point I was making was that the diagnosis of a progressive condition should not mean that we automatically assume that the person will go into the support group. The other thing is that there are many conditions in which the symptoms fluctuate. It may be that someone has to have a more flexible work regime—sometimes they can work and sometimes they cannot. All I am saying is that it can be a little more complex, and a progressive condition should not automatically trigger a diagnosis-based referral to the support group.

[Dame Anne Begg]

There will be people in the support group who are or can be in work. The ability to work is not the correct definition for who should be in the support group and who should be in the WRAG group.

[Mr Harper]

I accept that point. There are of course people in the support group who do permitted work. I think that the hon. Member for Edinburgh East was arguing that it was somehow inappropriate for those diagnosed with progressive conditions to be put in the work-related activity group and expected to undertake some form of work-related activity. I was simply making the point that it does not follow that putting someone with a progressive condition in the WRAG is inappropriate, and that they should automatically be in the support group. That was the only point I was trying to make.

The hon. Member for Edinburgh East made a good and sensible point—she raised this at my Select Committee appearance last week, and I promised that I would respond to her—on some of the communication. Letters that say to people that they are not expected to return to work—I cannot remember whether it said “indefinitely” or “ever”—are not very well worded. We are looking at all our communication. We have a freeze on IT changes until we do the cutover from Atos to Maximus, but once that is out of the way, we will change the wording on the assessor recommendation. The hon. Lady made a good and reasonable point in the Select Committee session last week; the wording as set out does not accurately reflect the position.

The hon. Lady also raised the point about the work capability assessment generally. We will respond to Dr Litchfield’s report in due course, but he said that the WCA was not a perfect assessment, and I would not pretend that it was. He also made the point, however, that there is not a magic alternative assessment that can be pulled off the shelf. As the hon. Lady knows—I think she remarked on this in her speech—a number of experts looked at whether there was an alternative way of assessing people’s need for benefits and for support to move into the workplace, and there was not a magic solution there either. That demonstrated that the WCA is a pretty good assessment. I would not pretend that it is perfect, but it is probably the best that there is. One thing Dr Litchfield suggested is that we give the WCA a period of stability, so that it can settle down, rather than continuing to make changes to it on a permanent revolution basis.

The hon. Lady also discussed whether we should be able to refer people to the work-related activity group without a face-to-face assessment. As we said in our response to the report—I think this blends the two slightly contradictory points that she made—we should not have unnecessary face-to-face assessments. Decisions are made on the basis of the papers without a face-to-face assessment only if the decision maker believes that the information in front of them is clear and provides sufficient evidence to make a decision. The person about whom that decision is being made will not always agree with the outcome, which is why they can apply for a mandatory reconsideration, and if they do not agree with that, they can appeal.

In cases where the decision maker is clear that there is sufficient evidence to make a decision, having an unnecessary face-to-face assessment—an assessment that, in other cases, the hon. Lady is not a fan of—is not an enormous step forward. She will know from the statistics we publish that the average length of time to complete a mandatory reconsideration is 13 days, and we complete three quarters of them in 30 days; that is not an enormous barrier put in the way of someone having their case looked at again and then being able to appeal the decision if they think they need to.

[Sheila Gilmore]

I have certainly come across cases where the decision made on a paper-based assessment turned out not to have used all possible sources of information. That did not come to light until a later date, and that is one of my concerns about the process. People can be placed in a detrimental position, both financially and in terms of the conditionality they are expected to follow.

[Mr Harper]

I think the hon. Lady’s point, which is perfectly good, is that we need to ensure that we make accurate decisions using all the information, that we get the information in the first place, and that we have properly explained to the claimant what information we need. She is right that we should make those decisions accurately, but that does not in itself suggest that making those decisions on the papers is wrong where there is sufficient evidence to do so. Saying that everyone has to have a face-to-face assessment when there is sufficient evidence is not a good argument. The fact that there are some cases where someone might not have made a good decision does not in itself invalidate the system. It is inevitable; however brilliant the system, there will always be cases where someone does not agree with the outcome, and is successful either on a mandatory reconsideration or on an appeal.

The hon. Lady referred to the communications that we send out. In Dr Litchfield’s fourth review, he recommended that we look at all the key ESA letters and forms to ensure that they are in plain English. The main ESA50 form has been reviewed and will be issued later this month. The decision letters are on a later time frame. The ESA260 form, which notifies someone of the decision in the first place, was revised last October. I looked specifically at the point on contribution-based ESA and the time limit because I know she is concerned about that. If someone is getting contribution-based ESA, it is clear that that is what they are getting. It is clear that that is time-limited, and that the time limit does not apply if they are in the support group. We are starting to do that work, as Dr Litchfield recommended, to improve our communications. There is more to do on that, and the hon. Lady is right to highlight that.

On the Work programme, which the hon. Lady referred to, it matters what time period one looks at. It is perfectly fair to say that in the first year of the Work programme, only one in 24 of the people claiming ESA moved into work, but up to the end of June last year, one in 10 ESA claimants had had at least three months of work within the first 12 months of being on the Work programme, which is a considerable improvement on its initial period and above the minimum performance level of one in 14. We want to improve the one in 10 figure, but she should acknowledge that the Work programme has improved its performance for this group of claimants. It has got a lot better, but we want to continue to improve it.

On the specific case that the hon. Lady referred to, an employer should have dealt with adaptations and hours of work through reasonable adjustments. On the issue to do with support workers, people can get support through the Access to Work programme. It is about ensuring that someone who goes through the Work programme has—

[Mr Adrian Sanders (in the Chair)]

Order.