Personal Independence Payments

Mark Harper Excerpts

Wednesday 21st January 2015 Westminster Hall

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

It is a great pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Erith and Thamesmead (Teresa Pearce) on securing the debate. In the time available, I will do my best to answer as many as possible of the questions that she and others asked.

A number of colleagues raised the issue of delays and statistics. I think that colleagues got the message that I gave before, because a number of them helpfully repeated it, about dealing with the delays that claimants have experienced. It was and remains the issue on which I am spending a lot of time, to ensure that we resolve it. Both I and officials have been working very hard to do so, as have both the assessment providers.

We have quadrupled the number of assessments cleared each month since January last year, and the number of people with a PIP claim in payment almost doubled between July and October. This morning, the Department has pre-announced that we will publish next Wednesday information on the number of PIP claims processed. I have written to the Chairman of the Work and Pensions Committee, the hon. Member for Aberdeen South (Dame Anne Begg), to inform her of that fact, and I will of course take the Committee through those key pieces of information on the day on which I give evidence.

The normal publication of clearance times and outstanding case times, which we pre-announced in December, will take place in March, and the exact date will be pre-announced in the usual way. That will be the publication of the normal set of statistics, which will then take place on a regular basis. However, there will be an ad hoc publication next week, so that my conversation with the Select Committee will be informed by properly verified statistical information, which I think will be helpful, rather than unverified management information. As I said, I have written to the Chairman of the Committee this morning to let her know.

Hon. Members referred to the impact of the delays. It is worth making the point that PIP is designed to meet the extra costs of someone’s disability or health condition; it is not a benefit designed to meet normal day-to-day costs. In this and other debates, hon. Members have sometimes talked about someone who has had to leave work because of their health condition. PIP is obviously not designed to deal with the costs of that. Those costs will be dealt with by other benefits—for example, employment and support allowance.

All new claims for PIP are backdated to the date of the claim. I recognise, of course, that that presents a cash-flow problem for people, which is why we are working hard to deal with the delays. Of course, in the case of all reassessed claims, people will continue to receive their DLA while awaiting the PIP decision. Other support, which is not tied to receipt of PIP, is available for those on a low income. I am talking about help with energy bills, concessionary bus passes and help with NHS transport costs; and there is the ability to get a blue badge through an assessment, rather than being passported through PIP. Carer’s allowance can be backdated to the point from which PIP was awarded, as well. Again, I recognise that there is a cash-flow issue there, but people are able to backdate the costs.

I thank Paul Gray very much for his report. He did a thorough job. He talked to the assessment providers, to a lot of people who have had experience of claiming the benefit and those who have assisted them, and to many organisations involved in the process. It is a thorough report, and we will of course respond to it in due course. I can say some things today, because some of the recommendations are about things that are already under way. For example, we are reviewing and rewriting all the letters to claimants to make them simpler, easier to understand and clearer. We are also exploring the use of other medical evidence held by the Department. For example—this relates to a question asked by both the hon. Member for Erith and Thamesmead and the shadow Minister, the hon. Member for Stretford and Urmston (Kate Green)—if someone has gone through a work capability assessment and we have an ESA85 report from that assessment, we are using that information to support and help inform the decision to award PIP. Sometimes that will enable us to make a decision without a face-to-face assessment. It may mean that we have enough information to make those decisions on paper—it is obviously welcome if we can do that—or it may help to inform the decision, so we are looking at doing that.

We are looking at using more proactive communications. For example, since last April claimants get a text message to confirm that their form has been received, so that they know that it is in process. We are also building better relationships between the DWP case managers who make decisions and the health care professionals who make assessments.

We have made changes to some of our internal processes and IT to further streamline clearances of claims. We have improved communications to claimants at the beginning, to try to ensure that they know what the best evidence to supply is and how long their claim may take to be assessed, and to stress the importance of sending us information and following the process. We have a dedicated customer claim line for terminally ill claimants. The assessment providers are also providing claimants with better information about how long a claim may take and whom they should contact at each stage of the process.

As a number of hon. Members mentioned, including the hon. Member for Edinburgh North and Leith (Mark Lazarowicz), there is a fast-track service and a dedicated claim line for terminally ill claimants with a prognosis of six months or less. We are clearing those cases in about 10 days, which is in line with expectations, and 99% of the decisions lead to an award. In the review, Paul Gray acknowledged that the process for terminally ill claimants had significantly improved following the work that the Department and my predecessor did with Macmillan Cancer Support.

[Mark Lazarowicz]

I hear what the Minister says, and perhaps he will come to this later, but what about the situation that I described of people whose prognosis is more than six months but still relatively short, who will be hit badly when there are delays of much more than 16 weeks?

[Mr Harper]

The hon. Gentleman makes a perfectly sensible point. The solution is to fix things so that people are not having to wait so long. Clearly, we have to state a time. People have various health conditions and disabilities, and we have to draw a line somewhere, but the real solution for the cases that the hon. Gentleman mentions is to do what we are doing, which is to ensure that people going through the process have an assessment within a sensible time. Then the issue that he set out simply does not arise, because they are getting an assessment, a relatively speedy decision and the support that they need. That is the solution for those with a progressive condition, with a longer prognosis, but obviously for those with a terminal illness who have a very short time to live, we have put in place a much faster process, which is working well.

The hon. Member for Erith and Thamesmead mentioned interventions. The point of them is to ensure that the amount of PIP paid is correct, so that awards can be adjusted upwards if someone’s needs have increased or downwards if they have decreased. That has happened in a very small volume of cases to date. The hon. Lady gave a specific example of one of her constituents. Interventions are set on the basis of when needs change and when awards are made. Given that interventions can go in both directions, it is certainly not in the interests of the Department to review awards more frequently than is necessary, because to do so creates unnecessary work.

The hon. Lady mentioned reassessment. There are two kinds of reassessment going on. For those who have time-limited awards, there is a process called natural reassessment—the names are not brilliantly informative—which is being switched on only in areas where we know that we have the capacity to carry it out. One of the things that I do before I take those decisions is to ensure that our assessment providers have the necessary capacity, and I have been switching the process on only when where there is that capacity.

The hon. Lady mentioned managed reassessment, which has previously been announced as starting in October, under which those with an indefinite DLA claim will be reassessed. We have made it clear that we will roll that out only where and when we have the capacity to do so. It is clearly not in our interest to start reassessing people if the system does not have the capacity to do so. By the way, I thank the hon. Member for Edinburgh North and Leith for his positive comments about DWP staff and staff in my private office, where he has had to raise issues. People do not often say nice things, so I acknowledge his comments on behalf of the Department.

Colleagues from Northern Ireland raised a number of matters. The hon. Members for Strangford (Jim Shannon), for East Londonderry (Mr Campbell) and for Foyle (Mark Durkan) talked about the Stormont House agreement. I have been in correspondence with Mervyn Storey, the Minister with responsibility for welfare in Northern Ireland, and he and I are trying to get a date in the diary to meet. One thing that we will talk about is the progress that has been made on the Stormont House agreement and welfare reform. I am sure that we will both want to talk about the lessons learned from rolling out PIP in Great Britain, which may apply to the roll-out in Northern Ireland.

[Jim Shannon]

I understand that relevant measures will be going through the Northern Ireland Assembly during the next fortnight, so the implementation in Northern Ireland will be in place in time for the Minister’s meeting with Mervyn Storey.

[Mr Harper]

The hon. Gentleman makes a good point. There are two issues: the legislative process—I take his word about the timetable for that—and the implementation and operational matters. The Department and I will provide every assistance to the Northern Ireland Executive to make sure that that goes smoothly. It is worth putting on record—

[Mark Durkan]

Will the Minister give way?

[Mr Harper]

Let me finish my comment, which is about a point that the hon. Member for Foyle raised. The Stormont House agreement states that although the Northern Ireland Executive normally legislate on welfare on a parity basis with Great Britain, they can deviate from parity, partly to recognise the history of Northern Ireland and some of the specific issues that apply. However, the agreement also states that the cost of deviations from parity with Great Britain must be met from the existing Northern Ireland budget. The hon. Gentleman set that out, and I wanted to put that on the record to clarify the position. The Northern Ireland Executive can deviate from the normal process when they legislate to deliver the operational effect.

[Mark Durkan]

Of course, there have historically been some differences in delivery, even within the parity regime, on matters such as housing benefit. When the Minister meets Mervyn Storey, will he ensure that he, as the Whitehall Minister, says nothing to disturb our working assumption that much of the room that we thought would have to be made up from the Executive’s block grant is available to us within our spending remit under the welfare cap? That cap is not really biting at the moment, but it may do so in the future. Can he assure us that our assumptions about not having to rely so much on the block grant, and on the rest of the Executive’s budget grant, will not be disturbed by any meeting that he has with the devolved Minister?

[Mr Harper]

I will certainly make sure that the meetings I have with the Minister are helpful. The hon. Members for Banff and Buchan (Dr Whiteford) and for Edinburgh North and Leith mentioned the Smith commission, which is relevant to the conversations in Northern Ireland and in Scotland. It may not be far in the future, but I cannot anticipate the Government’s comprehensive response to the report published by the Smith commission, for which hon. Members will have to wait patiently a little longer. It is worth saying that we have to be careful, because Ministers have to follow current legislation. All that has been announced in the Smith commission report is what will happen in the future. The Government have made commitments, but no legislation has yet been introduced. When legislation is introduced, the Scottish Government will have to decide what they will do, and our conversation today makes it clear that we will have to think about operational delivery. Ministers have to proceed on the basis of the current law.

[Dr Whiteford]

The point I was trying to make was that in looking forward—obviously, we do not know what is in the proposals—the Government’s evaluation of the current policy is important to inform any future decisions made elsewhere.

[Mr Harper]

I take that point, and Paul Gray’s review will partly inform that. If there are lessons to be learned about implementation when the proposals are published and changes are made, I am sure that officials in my Department and Ministers in the UK Government will want to work in partnership with Ministers and officials in the Scottish Government to ensure that things proceed smoothly. We will publish the response to the Smith commission in the not-too-distant future. As Members have said, a commitment has been made to do so by 25 January. I want to put on record that we will proceed on the basis of existing law.

The hon. Member for Foyle mentioned children. There are no plans to extend PIP to children; we have always said that we wanted to see how PIP for adults worked. If a decision was made to extend PIP to children—I emphasise that there are no plans to do so—it would be subject to consultation and to the affirmative procedure in Parliament, so both Houses would have to be involved in that decision. The hon. Gentleman is right to say that primary legislation would not be required, but parliamentary procedures would have to be followed.

On the question of the transition from DLA for young people, which the hon. Member for Stretford and Urmston mentioned, people cannot claim PIP until their 16th birthday, but we contact people in advance to enable them to prepare and, as she said, to see whether the child needs an appointee to help them through the process. She asked some specific questions, following up on her earlier written question. I will look at the Hansard report of the debate and, if she is content for me to do so, I will write to her and place a copy of the reply in the Library, which I hope will help colleagues.

In summary, I have made it clear that delays, which several hon. Members have touched on, are unacceptable. The Department and providers have been working hard to deal with them. The hon. Member for Erith and Thamesmead mentioned that I will be giving evidence to the Work and Pensions Committee next week—I am looking forward to that, as is she—on a number of issues, including PIP. I will be happy to explain the progress that we have made. We will publish properly verified statistics to make sure that that is an informed discussion.

We have welcomed the Gray review. I have said a little about some of the areas in which we are already working on it, and we will publish a full response. I think I have answered seven of the nine questions asked by the hon. Member for Erith and Thamesmead—we will cover the two that I did not answer in our full response to Paul Gray’s review, which we will deliver in due course. I think I have touched on all the questions that hon. Members have asked. The debate has been helpful, and I am grateful to the hon. Lady for securing it.

[Sir Roger Gale (in the Chair)]

Order. Before I call Mr McKenzie to open the next debate, the Chair has not been notified, but there appears to be a change of Minister. Is that correct?