Mental Health: Assessment

Marsha De Cordova Excerpts

Tuesday 22nd January 2019 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Ryan.

I start by congratulating the hon. Member for Lanark and Hamilton East (Angela Crawley) on securing this debate and on making a truly powerful speech, in which she shared some of the evidence that she has received as a result of the call she put out for accounts of people’s harrowing experiences of their mental distress and of accessing the social security system. She highlighted that it was actually down to a number of voluntary sector organisations—charities and other bodies—to help those individuals through the claim process, and many of those organisations rely on funding they receive from the European Union.

The hon. Lady said that what is lacking in the whole process is adequate training of the healthcare professionals involved. It is vital that they be trained adequately. We know that there are meant to be mental distress champions, but ultimately their influence is not being felt by those going through the assessment.

Many Members, in speeches or interventions, spoke about the appeals process. It is recognised that there is concern about it, as there is such a high success rate for appeals, which I will come to later.

The hon. Lady absolutely hit the nail on the head when she talked about the change from the disability living allowance to the personal independent payment, and the impact that change has had on so many claimants. My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) highlighted in an intervention the report published today by York University, which shows that people with psychological conditions were 2.4 times more likely than claimants without such a condition to have their DLA award stopped when they were being assessed for PIP, so there is clearly a problem. Many people assume that the policy intention behind PIP was to reduce the number of people in receipt of such support. There should be parity of esteem for those with physical conditions and those with mental health conditions, because PIP is there to contribute towards the extra costs of living with such an illness or condition.

We know that disabled people, particularly those who experience mental distress, have been let down by the assessment framework. Many people would say that the framework is innately flawed. As of May 2017, half of those claiming ESA and a third of those claiming PIP were described as having “mental or behavioural disorders”.

The Department for Work and Pensions has spent more than £1 billion on outsourcing the assessments for these benefits to providers such as Capita and Atos. However, those providers are falling woefully short of the DWP’s own performance standards. More than half of the assessment reports by Capita have been graded as unacceptable, so we know that there are clear problems with the way that the assessment framework is being used by these providers, which has obviously had a great impact on those experiencing mental distress.

Many Members have today shared—as Members have done constantly throughout their time in Parliament—the heart-wrenching accounts of constituents whose assessment left them in deep despair and distress. If anyone has not heard such accounts, they should think back to February last year, when the Work and Pensions Committee received an unprecedented amount of evidence from individuals sharing their experiences of the PIP and ESA assessment and framework, and of the distress that they caused them.

There have even been reports of people who have admitted being suicidal being asked why they had not killed themselves yet. Like the hon. Member for Lanark and Hamilton, I do not know how an assessor could ask somebody that. I would like to think that the Minister will ensure that that does not happen again; it really should not.

There have been reports of assessors overlooking someone’s mental distress, and asking inappropriate and offensive questions. I will give just one example. An individual diagnosed with borderline personality disorder, depression and anxiety lost his job and had a mental-health breakdown, so he applied for PIP twice, but was turned down twice. Obviously, the process began with his filling out the claim form, collecting all the medical evidence requested of him, and finally having to endure the humiliating face-to-face assessment. The process of trying to claim PIP caused that individual—David—great anxiety. He spiralled out of control into self-harm, and eventually overdosed on drugs.

No assessment for essential social security support should lead to anyone spiralling toward self-harm. The Minister will agree that we have to consider whether it is right for the burden of providing medical evidence to fall on the claimant. Will she commit to removing the burden of collecting medical evidence from the person claiming PIP and ESA?

When David went to a tribunal, he was awarded PIP, based on the same evidence that the DWP had previously deemed insufficient. However, we know that David’s story is not a one-off; it is all too common. Since 2013, 71% of PIP decisions have been overturned on appeal, which is a clear indication that there is inaccuracy and poor decision making in the assessment process. Denying more than 100,000 disabled people PIP will obviously have a negative impact on whether people can go on and live independently. The DWP spent over £100 million in administering reviews and appeals between 2016 and 2018. Much of the evidence would have been “inadmissible” in a normal court of law; that was said by a senior judge.

The Minister must consider all recommendations, particularly those of the Social Security Advisory Committee around mandatory reconsiderations, decision making, and ensuring that assessments are recorded. The High Court last year ruled that the negative changes regarding those who experience psychological distress were unlawfully discriminatory. Obviously, that has led to the review of 1.6 million PIP awards.

When does the Minister anticipate that the reviews of the system will be completed, and has a timetable for them been published, so we can see that they are completed? It will be important to know that all those people have got their back payment in a timely fashion.

The DWP is undergoing seven reviews of disabled people who are wrongly being deprived of social security. Five of those reviews are of flawed PIP and ESA assessments. So it is really important that the DWP gets this right. The failings of the assessment framework go way beyond discrimination; they contribute to, or even cause, individuals’ mental distress. In the words of one person,

“Going through the WCA process is the biggest source of worry in my life”.

That is how we are treating some of our most vulnerable people in society.

Labour recognises that there needs to be a radical overhaul of the assessment framework. It was labelled “superficial” and “dismissive” by the UN special rapporteur on extreme poverty. It should be replaced by a holistic, personalised and tailored single assessment, which would treat all disabled people, whether they have a physical or mental health condition, with the dignity and respect that they so desperately deserve.

Recognition of Fibromyalgia as a Disability

Marsha De Cordova Excerpts

Tuesday 15th January 2019 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I am afraid that my stop clock has just died, so do help me with the time and bear with me as I will not be able to see a clock.

I congratulate my hon. Friend the Member for Chesterfield (Toby Perkins) on securing the debate. I think that all of us across the Chamber would agree that he has done an excellent a job of raising the matter on behalf of his constituents and fibromyalgia sufferers across the UK. He made some powerful points. He talked about the desperate need for more research, stressing the point that although this debate is about the work of the Department for Work and Pensions, the subject crosses over into the work of the Department of Health and Social Care. I am sure that the Minister will take that forward and work with her colleagues in that Department on the issue.

My hon. Friend spoke about the impact that fibromyalgia has on sufferers, and how it affects all aspects of their everyday lives. We are focusing on social security matters, but there are also issues with work, as many colleagues have expressed today. Obviously, the huge challenges with access to social security should not go unnoticed. Many Members have made that point today, and I am sure that the Minister will address it when she responds.

Many hon. Members—some are no longer in the Chamber—made some really valid contributions and interventions. My hon. Friend the Member for Sheffield Central (Paul Blomfield) intervened to highlight the lack of understanding of the effect of fibromyalgia on day-to-day living and, in particular, on accessing social security. Members highlighted the challenges that fibromyalgia presents and the problems it brings, including in being assessed and qualifying for personal independence payment. My hon. Friend spoke about fibromyalgia being a fluctuating condition, which it is.

I agree with the hon. Member for Southend West (Sir David Amess) that my hon. Friend the Member for Chesterfield is a champion for people with fibromyalgia; he has certainly brought it to my attention. My hon. Friend the Member for Heywood and Middleton (Liz McInnes) shared her experience of cases of fibromyalgia and recognised the impact that the condition can have in the area of work.

I thank the hon. Member for Morley and Outwood (Andrea Jenkyns) for sharing her personal experiences, particularly in relation to memory and fibro-fog, as well as the fatigue that fibromyalgia causes. I commend her for being so open about the condition and for the way she is just getting on with life, as many people with a long-term disability do, including me.

I congratulate Adrienne, the constituent of my hon. Friend the Member for Chesterfield, as well as Fibromyalgia Action UK and Versus Arthritis, on all the work they are doing to raise awareness of the condition. Fibromyalgia was first recognised by the World Health Organisation back in the 1970s, and we know that in the UK up to 2 million people are affected by it and that as many as one in 20 people suffer from it. Yet it remains a condition that is still often unrecognised, under-diagnosed and, in many cases, totally invisible.

As we have heard, the symptoms associated with fibromyalgia include widespread pain across the entire body. In the words of one sufferer, it is a

“generalised pain that can be anything from a shooting pain in my arms, hands, fingers, legs, feet, toes, back and shoulders.”

It can also cause headaches. Another sufferer has said:

“Sometimes it feels like I’m hitting a brick wall...I get irritated easily and am quick to get frustrated and angry”.

The symptoms include an increased sensitivity to pain, fatigue and difficulties in sleeping. There are often also problems with memory and concentration, which is sometimes known as fibro-fog. Many Members mentioned those problems today.

For those who suffer from fibromyalgia, the symptoms are life-altering and the pain they experience is very real, but to the rest of the world—including the general population—the condition can sometimes seem invisible. We also know that many healthcare professionals find it extremely difficult to diagnose fibromyalgia, which helps explain why it is only on a case-by-case basis that the condition is recognised under the Equality Act. Many people face constantly having to go back to get diagnosed, making visit after visit to their GP practice, and the fact that the condition has many different symptoms relating to different areas of the body makes it even more challenging for sufferers.

There is no specific diagnostic test for fibromyalgia. Instead, there have been many accounts of sufferers facing years of referrals, MRI scans and so forth. Even if people are diagnosed with the condition, they are forced to wait for months, if not years, to receive treatment. Many hon. Members spoke about the urgent need for more research. One hon. Member—I am not sure whether they are still here—mentioned the research taking place in Sweden and the US, and called on the Minister to look again at how we can commit to more research into fibromyalgia, because we know that the condition affects so many people.

We know that there are many difficulties in diagnosing fibromyalgia. In response to the petition that my hon. Friend the Member for Chesterfield presented last April, the Government pointed towards the National Institute for Health Research. However, we know that fibromyalgia affects all aspects of life, so I will now turn to the impact it can have on employment. Fibromyalgia sufferers face difficulties in being able to stay in work and in getting the right support while they are in work. We know that the disability employment gap has remained at 30% over the last year. However, one of the best employment support programmes is the Access to Work programme. It ensures that those who suffer from fibromyalgia are actually aware of the programme, but it also raises awareness of its work among employers, because it can be a valuable resource for employers making reasonable adjustments for employees and for sufferers. Many sufferers want to stay in work and can stay in work. I will continue to press the Minister to ensure that the Access to Work programme is adequately funded, so that more funding is available for those suffering from fibromyalgia.

We have heard many accounts from many Members today that show that it is not only employment but social security that is a huge problem for people suffering from fibromyalgia. We know that 3% of PIP claimants have fibromyalgia, of whom the vast majority are women. Assessments for PIP are carried out by private companies, and in some cases they have insufficient knowledge of fibromyalgia and the impact it has on daily life, because it is one of the “invisible” conditions. That is really important.

We know that the framework for the current assessment process, not only for PIP but for employment and support allowance, is flawed. Fibromyalgia, because it is a fluctuating condition, is not being picked up in PIP assessments, and we know that the assessment framework is failing far too many people. That presents challenges for sufferers when it comes to accessing that essential additional payment, which contributes towards meeting the extra costs of living with fibromyalgia. I say to the Minister again that we must listen to all the testimonies about how PIP affects people and we must recognise that the assessment framework is not fit for purpose. She must commit to reviewing it.

Finally, I will talk briefly about the Equality Act. Because of my own disability, I come under it, and there is no reason why fibromyalgia cannot also be seen as a disability under it. We know that fibromyalgia is assessed on a case-by-case basis, but in the future it is fundamental that the Act begins to recognise the impact that fibromyalgia has on people’s daily lives.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 7th January 2019 Commons Chamber

[Sarah Newton]

I am very sorry to hear about that individual case. I would of course be more than happy to meet the hon. Gentleman to see what more we can do to help. The work capability assessment and PIP assessment process has been subject to a series of independent reviews, which we welcome, and we work vigorously to make sure that we make continuous improvements. For the vast majority of people, the processes work well.

[Marsha De Cordova (Battersea) (Lab)]

Just before Christmas, the Minister announced yet another review of disabled people being wrong denied vital social security, after 4,600 disabled people had their disability living allowance wrongly stopped and were deprived of PIP. It is the seventh review of its kind in the past year and provides yet another example of the devastating impact of the chaotic shambles at the heart of the DWP. Does the Minister agree that this latest review is the result of institutional indifference to the suffering of disabled people? Or is it simply the result of a Department in utter chaos?

[Sarah Newton]

Well, happy new year to the shadow Minister.

I utterly refute the idea that the Department for Work and Pensions and its staff, who work so hard, day in, day out—well, I will not even dignify those comments by repeating the allegations. The Department is there to make sure that people in our society get the benefits that they—[Interruption.] I am very happy to answer the question if the hon. Lady will refrain from chuntering so distractingly from sedentary position. We are utterly determined to make sure we have a benefits system that is compassionate, fair and fit for purpose. We are proceeding at pace to review the PIP claimant cases to make sure that people get all the benefits to which they are entitled.

Disability Support

Marsha De Cordova Excerpts

Wednesday 19th December 2018 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

I thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) for securing this important debate, and I thank the Backbench Business Committee for granting it. I also thank my right hon. Friend the Member for Hayes and Harlington (John McDonnell) for initiating a similar debate four years ago and pay tribute to his hard work in championing the rights of disabled people. I thank the War on Welfare campaigners for their work over the past six years in making the voices of disabled people heard in the House, along with other disabled people’s organisations and campaigners. More than 100,000 people signed the WOW petition which first brought the debate to the House.

Today, we have heard accounts from Members on both sides of the House. Let me mention just a few. My hon. Friend the Member for Bishop Auckland (Helen Goodman) described the devastating impact of social security cuts and, in particular, the impact of cuts in the Motability scheme. Many disabled people have lost that vital support. She also spoke of the impact of the movement of many recipients of disability living allowance to the personal independence payment. My hon. Friend the Member for Aberavon (Stephen Kinnock) shared personal and powerful testimonies from his constituents, but also highlighted the shocking statistics relating to the number of decisions on both employment and support allowance and PIP that were overturned in tribunals.

We are not asking the Government to reveal the truth about the effects of cuts on disabled people; we are asking them to own up to creating a social security system for disabled people that the UN report on extreme poverty described as “callous”, “punitive” and “mean-spirited”; a system that the UN Committee on the Rights of Persons with Disabilities has labelled as responsible for “grave” and “systemic” human rights violations; and a system that the Council of Europe concluded does not conform with the European social charter’s guarantee of the right to social security.

We are demanding that the Government own up to the effects of over £40 billion of cuts to disabled people’s social security since 2010, to imposing a sanctions regime on sick and disabled ESA claimants, to a cruel and callous assessment framework for both PIP and ESA and to the human catastrophe that is UC.

In the past eight years, disabled people have been forced to bear the brunt of the Tory austerity programme. They have been consistently and disproportionately impacted by cuts to social care, legal aid, housing, education and social security, as well as cuts to the independent living fund. The Centre for Welfare Reform has found that disabled people have been hit nine times harder by austerity than the rest of the population. Disabled people have been punished by this Government’s austerity agenda. They have been punished by the abolition of the DLA and the introduction of PIP in April 2013, and we know the policy intention for abolishing DLA was to reduce expenditure on disability benefits by 20%, a move that has left hundreds of thousands without the support they need. Those people include a constituent of mine who suffers from chronic kidney disease and has been HIV-positive for 30 years and who was given zero points on his PIP assessment, despite being unable to undress or prepare food by himself and despite being in receipt of DLA for 20 years.

Disabled people have been punished by the gutting of ESA, by introducing the 12-month time-limited payments for those on the contributions-based element, by the tightening of the ESA criteria and by the devastating cut to the ESA work-related activity component, worth £30 per week, introduced in 2017, which has hit over 50,000 people this year. And disabled people have been punished by an inaccurate and callous assessment framework that denies them dignity and respect—an assessment framework that has forced over a quarter of a million disabled people to take the DWP to tribunal to get the social security that they are entitled to and under which 72% of PIP decisions brought to appeal are overturned.

Since 2010, disabled people have been punished by a “pointlessly cruel” sanctions regime, which has hit more than 1 million disabled people in the past eight years and which the Welfare Reform Act 2012 ensured was more severe, more punitive and more long-lasting than ever before, resulting in disabled people facing severe debt, skipping meals and taking out loans because they missed appointments at the jobcentre or did not fill out enough job applications. Figures released by the DWP last month show that 10% of ESA sanctions last longer than 26 weeks, so sick and disabled people are losing six months-worth of their income.

Most importantly, disabled people face the Government’s flagship UC system, which acts as little more than a vehicle for cuts. Today’s Work and Pensions Committee report has confirmed the devastating truth of the impact of UC on disabled people and of the structural problems inherent to UC such as the five-week wait and an online claims system that is inaccessible to many people. Under UC, just one in three disabled people receive their payments on time and in full, with the rest having to wait weeks on end before receiving payment. Severely disabled people moving on to UC are losing vital social security support that they need in the form of disability premiums, including the severe disability premium that they would have had under legacy social security worth £64.40 a week—payments that severely disabled people relied on to cover extra costs for ready meals and help with household tasks.

For one severely disabled person, UC meant that they received no money for six weeks, on top of losing their SDP. The delays in payment and losing the premium meant that they were forced to get help from the council, which gave them food vouchers so that they had something to eat. In their own words, they felt “embarrassed and degraded” by a system that left them destitute. It took a year for their UC payments to be sorted out, with endless calls that

“were too physically and mentally painful to make.”

The Government made a grave error in cutting disability premiums for those who are most in need. The transitional protections that this Government were forced to give as a result of a High Court ruling earlier this year do not apply to new applicants or to those who naturally migrated to universal credit, whose conditions remain the same but who will lose that vital support. So I ask the Minister today to commit to ensuring that no severely disabled person who moves on to universal credit will lose their premiums.

In the words of one WOW petition campaigner, in the past eight years this Government have created

“a hostile environment for sick and disabled people”

that

“has turned life into a living hell”.

They have created a hostile environment in the form of a punitive social security system that is stacked against disabled people. It is a system that is littered with errors such as the underpayment of ESA to almost 200,000 claimants by this Government. Disabled people have had to rely on the High Court to right the terrible wrongs in the social security system. In the past year alone, the High Court found that the Government unlawfully discriminated against hundreds of thousands of PIP claimants and that they unlawfully discriminated against severely disabled people who lost disability premiums.

Conservative Members continue to bury their heads in the sand when it comes to the suffering that they have caused. Over the past months, we have heard Ministers, including the former Secretary of State, label cuts to disabled people as “fake news” and the issues surrounding universal credit as “teething problems”. They dismiss the findings of UN investigations as politically motivated, and they dismiss calls to conduct a cumulative impact assessment that would offer a definitive analysis of the human cost of eight years of austerity for disabled people. The UN Committee on the Rights of Persons with Disabilities and the Social Security Advisory Committee have joined the call for that assessment to be done. The Equality and Human Rights Commission has carried out an impact assessment, and its findings were stark. We know that an impact assessment can be done by the Treasury, and if not, the Institute for Fiscal Studies can carry out an independent assessment.

How many more disabled people have to suffer under this Government’s austerity programme? How many more reports will link the Government’s policies with mental distress and suicide, yet be ignored? The fact that the Government refute the findings of the UN on the effects of austerity on disabled people is shameful, but the fact that they refuse to conduct an assessment of the human impact of their own policies is downright denial.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 19th November 2018 Commons Chamber

[Sarah Newton]

A very good question. The regulations will be published before Christmas, and I hope that everyone in the House will vote for them so that people on the severe disability premium will have that protected in universal credit.

[Marsha De Cordova (Battersea) (Lab)]

The DWP has repeatedly ignored evidence of the devastating impact of cuts to social security on disabled people. The UN report into extreme poverty found that

“compassion...has been replaced by a punitive, mean-spirited, and...callous approach”

to social security. The Government have a history of dismissing UN recommendations on disabled people, but the Department now has a chance to end that. Will the Minister finally listen and accept the conclusions of the most recent UN report?

[Sarah Newton]

We are putting in place record levels of funding to support people with disabilities. In every single year of this Government we increase our expenditure for people with disabilities. I published a very full response to the previous UN report, and I utterly repudiate the conclusion that this country does not support disabled people. I am determined to make sure that every disabled person in our country has the opportunity to fulfil their potential.

[Marsha De Cordova]

The UN report condemned the Government’s sanctions regime as “debilitating”, “draconian”, “harsh” and “arbitrary”, and urged the Government to conduct an independent review, yet Ministers recently admitted that they broke their promise and failed to carry out such a review. Has the Department learnt its lessons about creating a hostile environment, and will the Minister commit to carrying out an independent review of sanctions and conditionality on disabled people?

[Sarah Newton]

The benefit system is there to provide personalised and tailored support for its recipients. There were factual errors in the reporting by the UN rapporteur. For example, on mandatory reconsiderations, he absolutely denied the fact that decisions were overturned, yet 19% of mandatory reconsiderations found in favour of disabled people. We have undertaken a huge number of independent reviews of our benefit system and we do not hesitate in making improvements when they are identified.

Employment and Support Allowance Underpayments

Marsha De Cordova Excerpts

Thursday 18th October 2018 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on the updated figures on the employment and support allowance underpayments.

[The Minister for Disabled People, Health and Work (Sarah Newton)]

The Department is correcting some historical underpayments of ESA that arose while migrating people from incapacity benefit to employment and support allowance. We realise how important it is to get this matter fixed. The mistakes clearly should not have happened and it is vital that the situation is sorted as quickly as possible.

For the initial stage of the exercise, we expect to review around 320,000 cases, of which around 105,000 are likely to be due arrears. We now have a team of more than 400 staff working through these cases and have paid around £120 million of arrears. We expect to complete the vast majority of this part of the exercise by April 2019, and we have to date completed all cases where an individual is terminally ill and has responded to the review, thereby ensuring that they receive due priority. The additional cases will be undertaken throughout the course of 2019.

The announcement in July to pay cases back to the point of conversion requires us to review an additional 250,000 cases, of which we estimate around 75,000 could be due arrears. We will undertake this work throughout the course of 2019. An additional 400 members of staff will be joining the team throughout this month and November, and we will be assigning further staff throughout the review of the 250,000 cases. That will enable us to complete this very important activity at pace.

The Department has prioritised checking the claims of individuals who, from our systems, we know to be terminally ill. To date, we have completed all cases from the initial 320,000. Where an individual is terminally ill and has responded to the review, we want to ensure that they get that money as soon as possible. We are therefore now contacting cases identified as most likely to be have been underpaid according to our systems. Some of those cases will undoubtedly be the most complex ones.

The Department yesterday published an ad hoc statistical publication, setting out further detail on the progress we have made in processing cases, and revised estimates of the impacts of the exercise, including details on the number of claimants due arrears and the amounts likely to be paid. Yesterday, I also updated the frequently asked questions guide and deposited it in the Library, and I will continue to update the House.

[Marsha De Cordova]

I thank Mr Speaker for granting this urgent question.

Yesterday, it emerged that up to 180,000 ill and disabled people have been underpaid vital social security dating back to 2011. In July this year, the Government initially estimated that 70,000 ill and disabled people were underpaid, but it is now clear that more than double that amount were underpaid £5,000 on average, after having been wrongly migrated from incapacity benefit to contributions-based ESA, thereby denying them the additional social security support payments such as the severe disability premium. It has taken the Government six years to acknowledge these mistakes and seven years to find out how many disabled people have actually been affected. Some disabled people will wait 10 years to receive back payments.

The Department for Work and Pensions now estimates that it will pay up to £1 billion as a result of this shambolic error, so will the Minister tell us what mechanisms the Department has in place to ensure that the timeline for repayment is followed? Will she ensure that she will keep this House updated? Will her Department pay compensation to those who have been pushed into rent arrears, debt and destitution? What support will the Department provide to the estates of the ill and disabled people who have tragically passed away before receiving their back payment? How much of the Government’s total expenditure on social security is spent on underpayments, and what actions are the Government taking to put this right? Given the scale of the error made transferring people to ESA, how can the Government ensure that they will get it right when transferring up to 1 million disabled people on to universal credit? Perhaps the most important question is this: will the Minister apologise to the almost 200,000 disabled people and their families who have been denied vital social security support?

[Sarah Newton]

We first came to the House to talk about this issue last December, and we have regularly updated the House since. I myself have already apologised. Clearly, this was a dreadful administrative error in the Department and should not have happened. The permanent secretary has also apologised to the Public Accounts Committee and the National Audit Office for the administrative mistakes.

It is important to recognise that, when people were transferring across from IB to ESA, a very paternalistic approach was taken, meaning the claimant was not involved in the transfer at all. All the funding they were receiving from the Department was transferred across, so nobody had anything taken away from them; rather, people missed the opportunity to receive additional support by way of an additional premium. We are now making sure, by reviewing these cases, that people get everything they are entitled to, because it is important that our benefits system benefits those who are entitled to it.

The hon. Lady raises important questions about what we have learned. We have learned a great deal from this exercise. As we have regularly told the House and Select Committees—the permanent secretary was before the Work and Pensions Select Committee only yesterday answering questions—the culture and mechanisms in the Department for spotting errors have been fundamentally reviewed. As we have discussed at length—this is a matter of public record—people in the Department and stakeholders came forward and pointed out some of the problems with the migration, but the Department responded in the belief that they were a series of one-off errors.

By 2014, it was recognised that some people were not being migrated accurately, and guidance was put in place. These were administrative errors that occurred in the Department, and officials took the appropriate action to the best of their ability. In fact, it was thanks to the good housekeeping of the DWP that the scale of the error was spotted. It was during the routine work undertaken on fraud and error that it was detected. At that point, Ministers were told, and they then undertook the administrative exercises that have led to the situation today.

As the Minister responsible now, I am looking towards the next huge migration of people—from ESA to universal credit—and the Secretary of State has made it absolutely clear that we will take an extremely careful test-and-learn approach and make sure that this time we involve the claimant in the migration. That is how we will avoid the situation reoccurring.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 15th October 2018 Commons Chamber

[Sarah Newton]

Something clearly has gone terribly wrong in that situation and of course I would be delighted to meet the hon. Lady.

[Marsha De Cordova (Battersea) (Lab)]

NHS survey data show that, under the Conservatives, 43% of those in receipt of ESA have attempted suicide. Leading academics, disabled people’s organisations and clinicians have raised concerns that the work capability assessment is causing a mental health crisis. The WCA is not fit for the 21st century—it is outdated and is causing preventable harm—so I ask the Minister: is it not time that the Government scrap the WCA that is pushing so many people to suicide?

[Sarah Newton]

First, I remind the hon. Lady that it was the Labour party in 2008 that introduced the work capability assessment. Ever since then, we have been using independent advice to reform the work capability assessment.

[Marsha De Cordova]

It is shocking.

[Sarah Newton]

What is absolutely shocking is to misuse—[Interruption.]

--- Later in debate ---

[Ms McVey]

My hon. Friend is right. Work coaches are saying that this is the best system that they have ever had. It has been helping 1,000 people into work each and every day since 2010. My hon. Friend is also right to say that when we see that things need to be improved and adapted, we listen, we learn, and we change it as it goes.

[Marsha De Cordova (Battersea) (Lab)]

Under universal credit, severely disabled people will lose out on disability premiums worth up to £80 per week, and will also lose the £30 “limited capability for work” component. Last week, the Secretary of State said that 1 million disabled people would be “significantly better off” under universal credit. Let me ask her now whether that is really the case. Is not the reality that after the premiums and the £30 component have been scrapped, disabled people will in fact be worse off overall under universal credit?

[The Minister for Employment (Alok Sharma)]

The Secretary of State has made it absolutely clear that we will be protecting people who currently receive the severe disability premium. [Interruption.] Will the hon. Lady just listen? A million disabled households who are now receiving legacy benefits will gain, on average, £110 a month on universal credit. Those are the facts, and the hon. Lady should try to accept them.

ESA Underpayments

Marsha De Cordova Excerpts

Thursday 19th July 2018 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on the employment and support allowance underpayments.

[The Minister for Disabled People, Health and Work (Sarah Newton)]

In 2017, the Department for Work and Pensions identified an error that had resulted in some claimants being underpaid employment and support allowance between 2011 and 2014 while their claims were being converted from incapacity benefit, a legacy disability payment. The Department proactively informed the House of this problem in 2017 through a written statement before briefing partners and the media.

On 15 March, the Secretary of State tabled a statement setting out how the work to correct the underpayments was progressing. She explained that the Department would supply 400 staff for this exercise to ensure that we could identify as quickly as possible any cases where underpayments had occurred. Yesterday, she tabled a further statement to confirm that this work was under way. Staff are reviewing cases, contacting claimants and making payments. So far, we have paid out over £40 million in arrears.

As outlined in yesterday’s statement, the Department has analysed the relationship between official error and section 27 of the Social Security Act 1998 in regulating how and to what point in time arrears can be paid out. As a result of this analysis, we will now pay arrears to those affected back to the date of their conversion to ESA. Where we have already corrected cases by paying backdated arrears to 21 October 2014, we will review these cases again and pay any additional arrears due prior to that date. As planned, the Department will contact all those identified as potentially affected. Once an individual has been contacted and the relevant information gathered, they can expect to receive any backdated payments within 12 weeks. Once contacted, individuals will be provided with a dedicated free phone line on which to contact the Department to discuss their claim.

[Marsha De Cordova]

I want to thank you, Mr Speaker, for granting me this urgent question.

The ESA underpayments were a major error by the Department for Work and Pensions. Dating back to 2011, 70,000 ill and disabled people were underpaid thousands of pounds, after being wrongly migrated from incapacity benefit to the contributions-based ESA and thereby denied additional social security payments, such as the severe disability premium. This meant that people already neglected by the Government’s social security system were denied vital support and caused significant hardship.

The DWP was alerted to the error as early as 2013, but, in what the Public Accounts Committee report, published yesterday, described as a “culture of indifference” at the Department, the error was neglected, only to be taken up six years after it had occurred. The Government had claimed they were legally prevented from paying arrears to those underpaid prior to 2014, but in a significant climbdown yesterday, they seemingly pre-empted a legal challenge and committed to paying arrears from the date claimants were migrated to ESA.

Significant questions remain unanswered. How many people does the DWP estimate will be entitled to additional arrears payments? How soon does the DWP expect to be able to identify people affected by this announcement? Will the DWP pay compensation to those who got into debt as a result of the underpayments? When will these payments be completed? What measures has the DWP undertaken to ensure that similar mistakes do not happen again?

The review into the ESA underpayments is just one of six the DWP will be carrying out to identify ill and disabled people to whom it has wrongly denied social security support. Five of those reviews have been undertaken only to pre-empt legal judgments. The latest announcement is yet further evidence of a Department in chaos, and the chaos is chronic, with millions of disabled people affected by the DWP’s failures. That needs to be sorted and sorted now.

[Sarah Newton]

I will take each of the hon. Lady’s detailed points in turn, but I first want to disabuse the House and the hon. Lady of the characterisation of people working in the DWP that we hear week after week. It simply is not fair. Day in and day out, the staff of the DWP work very hard to support people with health conditions and disabilities. The amount of money that this Government—in coalition and now as a Conservative Government—spend supporting people with health conditions and disabilities has grown every single year since we took office in 2010. We are absolutely committed to ensuring that people get the support from us that they need.

I want to put this issue in context. I fully accept, and have accepted, that these mistakes should not have happened. We are acting at pace to resolve these issues as soon as possible. Yes, some individual cases were raised in 2013, but at that time the Department felt that they were individual cases. It was not that the Department was lacklustre in trying to deal with the issue, as the hon. Lady is trying to portray. In fact, it was the proactive work of the DWP—in ensuring that we look out for fraud and underpayment—that identified this problem, and Ministers in the Department have worked proactively to put the necessary resources in place to resolve the issue as soon as possible. One mistake is one too many, but in actual fact this issue has affected about 5% of the people who made the transfer from incapacity benefit to ESA, and 3% of everyone on ESA. We are sorting the situation out as soon as possible.

The hon. Lady specifically asked how many people are affected. Our initial assessment was that 70,000 people were affected. However, in the light of our decision to go right back to the point at which people transferred from IB to ESA, we are going to look at more claimants—even dormant accounts—to ensure that no one is left out of this exercise, and the number will therefore rise. I will be able to update the House, as I regularly do, once we have taken this action over the summer recess. At the moment, we estimate that we will end up spending around £390 million, but given our further announcement yesterday, I expect the number of people affected—and therefore the amount of money—to go up. People will be paid their full arrears. It is absolutely important to me, the Secretary of State and the whole Department that we rectify the situation as soon as possible.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 2nd July 2018 Commons Chamber

[Sarah Newton]

One experience of poor customer service is one too many, and of course I will meet her.

I also want to point out what Kate from the west midlands said, again on “You and Yours”: “My 35-year-old daughter has a learning disability. She doesn’t read or write, so I filled in the form for her. From her point of view, it turned out to be a very good experience because when she was on DLA she was on the lower rate but, because of the new criteria, she is now on the higher rate and has a mobility car. So from our point of view, it’s been really positive.”

[Marsha De Cordova (Battersea) (Lab)]

The UN Committee on the Rights of Persons with Disabilities carried out a robust inquiry into the effects of the Government’s policies, including social security, on disabled people. It found “grave and systematic violations” of disabled people’s rights. The Minister recently said that she is

“utterly committed to the convention.”—[Official Report, 20 June 2018; Vol. 643, c. 124WH.]

When the Government respond to the report later this summer, will she finally commit to carrying out a cumulative impact assessment of the Government’s policies, as recommended by the UN Committee on the Rights of Persons with Disabilities?

[Sarah Newton]

We were very disappointed that, when it came to the UK, the UN Committee on the Rights of Persons with Disabilities did not take into consideration the great deal of evidence that was provided. When I make my very full response, I am sure I will set the record straight so that the committee understands that we are very proud to be a world-leading country in supporting people with disabilities to fulfil their potential in society.

Of course we are always determined to do more, and we do an equality impact assessment every single time there is any sort of policy change.

[Marsha De Cordova]

We know an impact assessment of the social security policies can be carried out, because the Equality and Human Rights Commission has done so. Is it not the truth that the Government will not do this because they are afraid that an impact assessment will confirm what the UN, the Equality and Human Rights Commission and disabled people say, which is that this Government’s policies have created a hostile environment that is causing grave violations against disabled people?

[Sarah Newton]

I can assure the hon. Lady that that is simply not the case. We have very strong protections for people with disabilities in our country, not the least of which is the Equality Act 2010. I make sure that impact assessments are done on all policies that are undertaken. I honestly ask all Opposition Members not to use this language of “a hostile environment”, as it is simply not the case and as the very people who need all of our support are put off seeking it and coming forward. I ask Opposition Members to stop saying things they know are not true.

UN Convention on the Rights of Persons with Disabilities

Marsha De Cordova Excerpts

Wednesday 20th June 2018 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Dame Cheryl. I begin by congratulating my hon. Friend the Member for Canterbury (Rosie Duffield), first for securing this important debate and secondly for the incredibly powerful speech she gave. She was right to highlight that no Government should introduce legislation that discriminates against disabled people. She rightly stated that the Government’s record is a national shame, and highlighted the dire inequalities in social security and access to justice, the increase in poverty, and the lack of access to information. There are huge difficulties in access to digital information, as my hon. Friend the Member for Batley and Spen (Tracy Brabin) highlighted, and alternative formats for people living with sight loss are lacking. My hon. Friend the Member for Canterbury was right to call out the fact that there is a lack of legislation covering intersectional discrimination.

I also want to pay tribute to some of my other colleagues, including my hon. Friends the Members for Hartlepool (Mike Hill) and for Liverpool, Walton (Dan Carden). My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) made a powerful speech. She has led the way and has held the Government to account powerfully for many years. I thank her for all the work she has done and will continue to do. She rightly highlighted that the Government chose not to include the charter of fundamental rights in the European Union (Withdrawal) Bill, which is a shame. My hon. Friend the Member for Peterborough (Fiona Onasanya) shared the powerful testimonies of some of her constituents. I thank everybody for all their efforts. It is right to point out that this is a shame, and there is no other way of looking at it.

The UK was once at the forefront of disability rights: 48 years ago, we passed the groundbreaking Chronically Sick and Disabled Persons Act 1970. It was led by Lord Alf Morris, who shortly afterwards became the first Minister for Disabled People—I am honoured to be in that shadow role today. That legislation was a response to disability campaigners calling attention to the deep and pervasive injustices that disabled people face. In December 2007, we became signatories to the convention on the rights of persons with disabilities, which committed us to progressively realising the rights of disabled people—our rights to live independently, to be included in the community and to have access to education and justice. After eight years of brutal Tory cuts to disabled people’s social security, of increasingly cruel and degrading assessments and sanctions, and of being stigmatised by Government Ministers, disabled people know that the Government have not been defending our rights. The UN CRPD committee found that disabled people’s rights have been “gravely and systematically violated”. It is difficult to overstate the significance of that judgment.

The UK was not merely the first country to be found in breach of the convention’s obligations; we were the first ever to be investigated. Over the past eight years, we have seen not the progressive implementation of disabled people’s rights, but their unprecedented erosion and violation. The committee found that Departments are grossly failing disabled people.

The brutal cuts to disabled people’s social security have made a mockery of article 19, on the right to live independently and in the community, and article 28, on the right to an adequate standard of living. The Welfare Reform Act 2012 alone cut £28 billion from social security. Half of people in poverty are now either disabled or living with someone who is disabled. Almost a quarter of disabled people are now forced to miss meals because of economic hardship, and one in five cannot pay to heat their homes. Such drastic cuts to social security led the UN committee to find that disabled people were the single biggest group affected by Tory austerity policies.

The UN said that the systematic impoverishment of disabled people was an entirely predictable effect of the Government’s austerity policies. It was, of course, predicted by disability groups, but the Government ignored it and refused to carry out a full cumulative impact assessment of the cuts.

[Dan Carden]

Does my hon. Friend agree that it is disappointing and outrageous that the Government have wasted more than £100 million on pointless appeals and on putting disabled people through a nightmare as they try to access the benefits they deserve?

[Marsha De Cordova]

My hon. Friend is absolutely right.

Will the Government commit to carry out a cumulative assessment of their tax and social security reforms since 2010? In addition to the devastating cuts and suspicion, disabled people have been endlessly mistreated by the chaotic Department for Work and Pensions. High Court judgments have repeatedly found that the DWP has blatantly discriminated against disabled people. Only last week, it was found that the cutting of disability premiums from universal credit was “unlawfully discriminatory”. There has been “blatant discrimination” against PIP claimants, and employment and support allowance has been continuously underpaid.

The UN report found that disabled people are being undermined not just by the social security failings, but by the lack of social care funding. Since 2009, the number of disabled people receiving social care has fallen by nearly 30%. The UN report highlights that social care is vital, and that it allows many disabled people to live independently. Will the Minister outline whether the Government’s forthcoming Green Paper will include working-age adults? I asked the Secretary of State for Health that question on Monday but did not get a full answer.

On the right to work, the Government have not done enough to remove the barriers that disabled people face. There is a lack of high-quality impairment-specific support. The Government’s flagship Disability Confident scheme does not measure the number of disabled people it has directly helped to move into work. Access to Work must be improved, extended and better publicised. Will the Minister consider removing the discriminatory cap?

Signatories to the CRPD are obliged to promote inclusive education. Under the Government, there has been regression and an increase in the number of special school places. What is the Minister doing to encourage her colleagues to improve inclusive education? In recent months, the Government have created a cross-ministerial body that is supposed to promote disability issues across Government, but at the same time they have cut the number of staff at the Office for Disability Issues. As my hon. Friend the Member for Oldham East and Saddleworth asked, what is the group’s scope? Where are its published terms of reference?

The Government are helping to organise a global summit in July, but why should any other state take them seriously on disability rights when they are systematically violating the rights of disabled people and continue to ignore the UN’s recommendations? When will the Government publish their response to the UN’s report?

When we get into power, the Labour Government will incorporate the convention into UK law, scrap the punitive sanctions regime, and replace the assessment regime with a more holistic, supportive assessment framework. It is a shame on the Government that we have to stand here today and debate this issue once again. They must take heed and listen.