Employment and Support Allowance and Work Capability Assessments

Mark Harper Excerpts

Thursday 5th February 2015 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Walker. My heart sank when you said that you would call the Front Benchers at six minutes past 4. I thought that we would have only 11 minutes each, but I have a few extra minutes. I doubt that I will be able to cover the Select Committee’s report, our response and all of the many sensible contributions that have been made this afternoon, but I will do my best.

I thank the hon. Member for Aberdeen South (Dame Anne Begg), the Chairman of the Select Committee, for opening the debate, and the other members of the Select Committee who were here for at least part of the debate and who contributed. I welcome their interest in the WCA and ESA.

We carefully considered the Committee’s recommendations, and we published our response on 27 November. On the same day, as a number of Members have mentioned, Dr Paul Litchfield published the fifth and final review into the work capability assessment. We responded positively to the Select Committee’s recommendations in a number of areas, and where we did not agree with them we set out why. I will say a little more about the recommendations that have been referred to. The Government also took the opportunity to announce a package of short-term ESA measures and to set out our view of the challenges ahead for those who make policy in this area.

My hon. Friend the Member for Newton Abbot (Anne Marie Morris) spoke about improving delivery. We will make a significant amount of progress once Maximus starts the work. I have been impressed by its performance so far in preparing to take over the contract, and I said a little about that to the Select Committee when I gave evidence recently. I want us to ensure that the assessment process is hugely improved.

My hon. Friend the Member for Newton Abbot and the hon. Member for Hampstead and Kilburn (Glenda Jackson) referred to the number of disabled people in work. I think it is fair to say that my hon. Friend looked at it from the glass-half-full end of the spectrum, while the hon. Lady looked at it from the glass-half-empty end. The good news, which leans more towards my hon. Friend’s side of the argument, is that this year there are a quarter of a million more disabled people in work in Britain, compared with last year. Although the disability employment rate is too low, and although it is lower than the rate enjoyed by those without a disability, it increased by 2.5%, which I believe is the largest year-on-year increase in a decade. I acknowledge that we have more to do, but we have made good progress.

As my hon. Friend and others know, our ambition is to ensure that the UK is at the top of the G7 employment league table, and that we effectively achieve full employment. We can do that only if we are much better at keeping people who develop health conditions and disabilities in work, and getting those who have health conditions and disabilities back into work or into work for the first time.

Let me turn to the points in the Select Committee’s report that Members raised today. The first point that the Chairman of the Select Committee raised was about the work capability assessment itself. As she knows, and as the Committee said in its report, there was an evidence-based review, in which experts tested the WCA against a set of alternative descriptors. Therefore, a lot of bright people have thought about whether there is a better way of assessing people’s ability to work and the impact of their health condition or disability on their ability to work. The evidence that it published in its conclusion showed that there is not a strong case for replacing the WCA with the alternatives, because they are not better than the WCA at coming up with the information.

Dr Litchfield’s report specifically referred to the number of changes and improvements to the WCA in recent years, driven by the independent reports of Dr Litchfield and his predecessor, Professor Harrington. Dr Litchfield specifically called for a period of stability to let the assessment bed down. He recognised that although the WCA is by no means perfect, it is the best means available, and there is no ready replacement. He said:

“my counsel would be to let the current WCA have a period of stability—it is by no means perfect but there is no better replacement that can be pulled off the shelf.”

I agree. I also think, as my hon. Friend said, that the last thing that we should do, as we bring in a new provider, is to start changing the process and how the system works. In my experience of having to implement tough operational processes, I do not think that that is the way that we will improve the performance of the system for all those going though the process.

The hon. Member for Edinburgh East (Sheila Gilmore) and, I think, the shadow Minister referred to the other changes that we set out at the same time as we responded to the report. We are allowing JSA claimants with short-term health conditions to stay on JSA for up to 13 weeks, and, importantly—the hon. Member for Edinburgh East did not focus on this—we are tailoring conditionality to keep people closer to the labour market. We recognise that if a person has a health condition, the claimant commitment may have to be different. Work coaches in jobcentres have the ability to flex the claimant commitment. Although I heard a lot of general assertions that that does not happen, I did not hear any specific examples. If people have got specific examples, I want to know about them, because we can then address whether work coaches are using that flexibility. They have the power to flex the claimant commitment, and they should be using it.

[Sheila Gilmore]

Given what the Minister has just said, why were similar words not used in the Government response, rather than giving as the only example people making a full-time work search? That gives the impression to anybody who reads the response that that will be the main issue for a claimant commitment.

[Mr Harper]

The hon. Lady may be reading too much into the wording, and she is straying into conspiracy theory. I cleared the language in the Government response, and I have tried to give the same impression in what I have just said. It certainly was not our intention to give the impression in the Government response that the hon. Lady took from it. I think that I have set out clearly what we are trying to do.

We are introducing three new measures, the first of which is a voluntary early intervention pilot for new ESA claimants, in which we are trialling occupational health advice and support prior to the WCA. We are doing so for a sensible reason. My hon. Friend the Member for Newton Abbot, the hon. Member for Edinburgh East and the Chair of the Select Committee referred to the fact that the WCA was designed to be two things: a benefit eligibility test, and a test of the barriers that an individual faces to entering work, and the support that they require to do so. We ought to see whether we can intervene when somebody first applies for ESA, to see what support they need and get them that support early in the process.

That is important because—I know that this is an area in which you take a particular interest, Mr Walker—46% of people who claim ESA do so for the primary reason that they have a mental health condition, and 60% have a mental health condition as part of the issue. We know from the evidence, and from all the campaigning organisations that are expert in this area, that being out of work for a significant period of time makes a mental health condition worse, not better. If we can identify mental health problems earlier and deliver support earlier, we will either keep people in work or enable them to go back to work more quickly. There is a nugget of truth in what hon. Members have said about that, and that is why we are piloting some interventions to see what is effective. They are voluntary, so people do not have to take part in them, but we think that they will be useful and produce useful evidence. I will not set out anything about the other two measures that we are introducing, because I recognise that time is pressing.

My hon. Friend the Member for Newton Abbot and other hon. Members referred to the WCA’s ability to deal with mental health issues. When we designed the ESA50 questionnaire and assessment criteria, we had input from mental health organisations and groups that focus on other hidden impairments such learning disability and autism. Several hon. Members, including the shadow Minister, referred to my remarks at the Select Committee about the redesigned ESA50 form. That will be implemented this month, and we are also looking at all the communications that we use for claimants following Dr Litchfield’s recommendations in his fourth independent review. We expect those to come into force over a rolling period this year.

The letter that we issue to claimants when a decision is made, the ESA260, was revised in the autumn of last year, and I referred to that in the debate initiated by the hon. Member for Edinburgh East earlier this week. That letter now makes it very clear—the shadow Minister made a point about this—which group somebody has been put into. It informs them in clear, plain English about the time limiting for someone who is in the work-related activity group and on contributory ESA. It makes clear the consequences and implications of the decisions that have been taken, enabling the individual to act accordingly.

Let me say a word about information sharing, to which several hon. Members, including the Chair of the Select Committee, referred. As I believe I said at the Select Committee, we share information from the WCA with the personal independence payment assessment process if someone is going through both of those, and we have done so in a significant number of cases. We will look at the evidence, but the initial indication is that that has enabled PIP decision makers to make decisions on paper without having to call somebody in for an unnecessary face-to-face assessment. That is our goal, because it is sensible to make such decisions on paper, without having to pull somebody in, where it is possible to do so.

The Chair of the Select Committee spoke about looking at other organisations, and her suggestion of using information from, for example, social care assessments is a sensible one. We ask those who apply for the benefit to produce the relevant information. I have asked officials to engage with colleagues in the Department of Health and the Department for Communities and Local Government to think about such ideas. In the new social care environment, more assessments will take place as a result of the new, consistent assessment criteria introduced by the Care Act 2014. I want us to think carefully about how we can do that sensibly, because we must not place an extra burden on local government or those who deliver social care. The general point is a good one, however. We do not want people to go through multiple assessments if we can share the necessary information.

I will hurry through one or two other points, because I am conscious of the fact that I need to give the Chair of the Select Committee a couple of minutes at the end of the debate to sum up. I have mentioned conditionality for JSA, which is relevant to the point that several hon. Members have made about what happens when people are found fit for work. When people are found fit for work, they are not entitled to ESA any more and they should claim jobseeker’s allowance. As I have said, however, work coaches have the ability to flex the claimant commitment so that it fully reflects somebody’s health condition or disability. If hon. Members have specific examples of where that is not happening, I want to know about them, so that we can investigate whether they were isolated incidents in Jobcentre Plus or whether there is a wider problem with training, information or communication. Several hon. Members asserted that there have been such problems, but I did not hear any specific examples. If hon. Members have such examples, I would like them to share those examples with me.

I am conscious, as ever, of the fact that time in the Chamber is short. I welcome the Select Committee’s work on ESA and the WCA. We agreed with several of the Committee’s recommendations, a number of which were very sensible. Some of them were things that we were working on, and some were things that we had not thought of. We made it clear where we did not agree. At the end of this month, Maximus will take over the delivery of the WCA from Atos. Maximus has experience in this area, and I know that it is keen to improve the experience of our constituents who go through the WCA. There may be some hiccups at the beginning, because that is inevitable when a big change occurs, but I am confident that we will deliver an improved level of customer service, which is important to everyone who has taken part in the debate.