Social Security and Employment Support for Disabled People

Debate between Marsha De Cordova and Sarah Newton

Wednesday 6th March 2019 Commons Chamber

[Sarah Newton]

I thank my right hon. Friend for his question. This builds on some of the work he started when he was in the Department. It is very much based on listening to people and their experience of the current benefit system. I could not agree more that we need to have a much more streamlined, simplified process under which people tell us the information once, we gather it once, and we are able to make the best possible accurate decisions the first time.

[Marsha De Cordova (Battersea) (Lab)]

I congratulate my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) on securing this urgent question.

As we saw yesterday, the Secretary of State announced changes to social security, disability and health. By my calculations, she made no fewer than nine different announcements in her statement. The Government will now hand over more money to the Centre for Health and Disability Assessments, better known as Maximus, to continue to carry out the work capability assessments. This is despite the failure, year on year, to meet the Department’s own performance standards and no fewer than 36,000 ill and disabled people wrongly deprived of social security as a result of WCAs. Can the Minister therefore say why the Government have decided to extend the contract for another 16 months? Will the Minister finally consider bringing these assessments back in-house?

The Government have announced that they are looking to merge the assessments for PIP and ESA into an integrated assessment service and use a digital platform to do so. Does the Minister not agree that there is serious risk involved in combining both assessments when the standard of decision making for PIP and ESA is the subject of so many failures? Given the consistent failures with the online platform for universal credit, what confidence should ill and disabled people have that this will not happen to them when they go through a process to access vital social security support?

Over 1 million sanctions have been imposed on disabled people since 2010, and those sanctions have been shown to be counterproductive and cruel. But so far the Government have committed to only a small “test” review of conditionality and sanctions. Why will the Government not follow Labour in pledging to scrap the punitive sanctions regime?

The Government have once again moved the goalposts on employing disabled people. First they wanted to halve the disability employment gap and now they are going to review it yet again. It is time for the Government to consider expanding Access to Work, rather than simply reviewing their employment targets. There are currently seven reviews being conducted into disabled people being wrongly deprived of social security support. These changes are just a drop in the ocean, so will the Minister finally accept that there needs to be fundamental reform, not just tinkering around the edges?

[Sarah Newton]

I really would have hoped that, today of all days, the hon. Lady could have found it in her heart to welcome the changes that have been asked for by so many people inside and outside this Chamber, and to recognise the great work that has been done by disabled people, and those who work with them, to engage with us so constructively and enable us to move forward and tackle the issues that she is describing.

The hon. Lady is right to say that we said yesterday that we were going to be more ambitious in enabling more disabled people into work, because we have made such good progress. Since 2013, over 930,000 more disabled people are now in work. Over that time, the disability employment rate has increased from 7.4% to 51.5%, and the gap between the disabled employment rate and the overall employment rate has been reduced to 30.2%. I do not want to see any disabled person out of work when they would like to be in work, but we have made progress and that is why we have committed to reviewing our targets and to being more ambitious. Access to Work is a great scheme, as we all agree, and it supported record numbers of people last year, including more people with mental health conditions and more young people with learning disabilities. The Access to Work fund is demand-led, and it grows every year because every year we are seeing more disabled people into work, and that is what we want to do.

Returning to the hon. Lady’s questions about the contracts, it is really important to me that, while we are going through such a fundamental transformation of our assessment process, we have safe and stable delivery for people who are applying for benefits. That is why we have extended the contracts to 2021, to align with the PIP contracts. We have not just accepted the existing situation, as the hon. Lady knows, and I am grateful for the work undertaken by the Select Committee on this. We have been pushing for continuous improvement within those contracts. The new contracts have higher standards for service delivery, and I would be happy to put a letter in the Library so that people can see the terms of the new contracts and see that they are driving forward improvement. We all want to see the right decisions being made at the first opportunity. We do not want to see people having to go through mandatory reconsideration and then on to appeals in the courts, and we have a whole series of reforms to ensure that that does not happen.

Employment and Support Allowance: Underpayments

Debate between Marsha De Cordova and Sarah Newton

Monday 25th February 2019 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)]

The Department is correcting some past underpayments of ESA that arose when people moved from incapacity benefit on to ESA. We realise how important it is to get this matter fixed. Clearly, the mistakes should never have happened, but we know that it is vital that it is sorted as quickly as possible. Last Thursday, I tabled a written statement that updated the House on progress since the previous written statement in October last year. We are on track to complete work on the majority of the original 320,000 cases by the end of April this year. As of 11 February, 310,000 of that overall number have started the reassessment journey. We have paid arrears of over £328 million to 58,000 people, which is significant progress. The Department has also increased the number of staff working on putting these cases right from about 400 staff to approximately 1,200 staff, which will enable us to continue to complete this important activity at pace.

Following the announcement in July last year to pay cases back to the point of conversion, I confirmed in October that this will require us to review an additional 250,000 cases. We have started this activity and will aim to complete this phase by the end of the year. Last Thursday, the Department published an ad hoc statistical publication on gov.uk that sets out further detail on the progress it has made on processing the cases, including an updated estimate on forecast expenditure and the number of people affected. The Department now estimates that about 600,000 cases require review and that by the end of the exercise about 210,000 arrears payments will have been made. The increase, compared with the previous estimate of 180,000, is based on additional sampling and very careful, thorough checking. Alongside the written statement that was published last Thursday, I also published an updated version of the frequently asked questions, and this has been deposited in the House Library.

[Marsha De Cordova]

Thank you for granting this urgent question, Mr Speaker.

On 21 February, the Department for Work and Pensions published a statement saying that 210,000 ill and disabled people could have been underpaid vital employment and support allowance after a grave error by the Department dating back to 2011, when it wrongly migrated them from incapacity benefit on to contributions-based ESA, denying them essential social security, such as the severe disability premium, to which income-based ESA would have entitled them.

The Government initially estimated that 70,000 ill and disabled people were underpaid. In October 2018 that number increased to 180,000 people, and now it has emerged that up to 210,000 ill and disabled people were underpaid, on average, £6,000 in social security. How can we trust that the number will not increase?

Thus far, 20,000 people have died before receiving the social security to which they were entitled. That is 20,000 people who will never be repaid what they were owed by the DWP. The Department estimates that more than £1 billion will be spent to rectify this catastrophic error, and we have now learned that it will employ up to 1,200 staff to do so.

How many people have been pushed into rent arrears, council tax arrears, debt and destitution? Will the Department listen to Labour’s demands and pay compensation to those who have been pushed into debt? What support will the Department provide to the estates of the 20,000 ill and disabled people who tragically died before they received their payment?

Given the scale of the issue in transferring to ESA, how will the Government avoid repeating this error when they transfer ill and disabled people from legacy social security on to universal credit? Given that there are currently seven reviews into ill and disabled people being underpaid, how much of the Government’s total expenditure is spent on underpayments? Finally, will the Minister apologise to the additional 30,000 disabled people, and their families, who have been denied thousands of pounds in social security, and to the 20,000 people who died before justice was done?

[Sarah Newton]

I thank the hon. Lady for her questions. Let me make it absolutely clear that, each and every time I have addressed the House, I have thoroughly apologised on behalf of the Department for these administrative errors. This should never have happened, and I am very happy to apologise again today. Although I wish this had never happened, we are working at pace to make sure that people receive the payments to which they are entitled.

The hon. Lady is right to say that we have reviewed the cases of people who have subsequently deceased, but she is not right about the quantities of people who would have actually benefited from this exercise. We are only part of the way through, and we do not know, as yet, the total number of deceased people who, having reviewed their case, would have been eligible for additional payments. Where we review the cases of deceased people—of course, we are reviewing all of the cases—we make the payments to their family. We are working carefully and urgently to find the families so that we can make the payments.

On the additional resources that we have made available to complete this exercise, I am sure the whole House would agree it is vital that we get on and sort this out as swiftly as possible so that people can benefit from the additional sums of ESA and other disability premiums to which they might be entitled. I am pleased that we have been able to find the additional resources to enable us to do this. I made the commitment to the House that we would complete the exercise this year, and that is what we are going to do.

The hon. Lady rightly asks what lessons we are learning, especially as we are now planning for the managed migration of people from ESA on to UC. The key lesson we have learned is to make sure that the claimant is involved in that decision. For all the right reasons I am sure, it was decided to migrate people from incapacity benefit on to ESA without contacting them—just passporting them over. I have heard Opposition Members make that call to me as we approach the managed migration, and that is the key mistake that was made. The opportunity was missed to check in with people claiming the benefit to make sure that their circumstances had not changed and that there were not additional payments to which they might be entitled, and that was the cause of this particular problem. I am determined that those lessons are learned so that, as we do the managed migration in a measured and careful way, the mistake is not made again.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

Monday 11th February 2019 Commons Chamber

[Sarah Newton]

It is absolutely right that we should be focused on making the right decision first time. We have had independent reviews of both the work capability assessment and the PIP assessments, and we are working rigorously to implement each of the steps that have been identified.

[Marsha De Cordova (Battersea) (Lab)]

Under schedule 2 to the Universal Credit (Managed Migration) Regulations 2018, the compensation for severely disabled people who have moved on to universal credit for the loss of premiums is a flat rate of £80 per month if they have been placed in the limited capability for work group. This is considerably less than the actual loss of income, which is approximately £180 per month. Will the Minister give a full breakdown of how that figure was reached, and will she listen to Labour’s demands and commit to ensuring that the compensation reflects the real loss of those premiums?

[Sarah Newton]

I fear that you, Mr Speaker, will not allow me the time I need to answer such a detailed question, so I am very happy to write to the hon. Lady. I do want to say, because I think the whole House will be pleased, that we have now enabled people who have single-tier pensions to be held back on the legacy benefits until the managed migration regulations come into effect.

[Marsha De Cordova]

Under universal credit, for working disabled people to qualify for in-work support, such as the work allowance, one must be found unfit for work under the work capability assessment. This is unlike the legacy social security system, under which a disabled person will qualify for in-work support, such as the disability element of working tax credit, by being in receipt of disability living allowance or PIP. Does the Minister agree with me that it is absurd that a disabled worker must be found unfit for work to qualify for in-work support, and will she commit today to reviewing this?

[Sarah Newton]

Universal credit provides tailor-made support for all people, including those with disabilities. Once somebody meets their work coach, they will have a personalised journey to support them into work and to make progress into work, and that can happen even before the work capability assessment is taken.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

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.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

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

Debate between Marsha De Cordova and Sarah Newton

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

Debate between Marsha De Cordova and Sarah Newton

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.]

ESA Underpayments

Debate between Marsha De Cordova and Sarah Newton

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

Debate between Marsha De Cordova and Sarah Newton

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.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

Monday 21st May 2018 Commons Chamber

[Sarah Newton]

The very fact that the hon. Lady says the case has been resolved shows that the system is working. It is very important that we make the right decision first time. I have set in place a whole series of improvements to PIP. We have followed the advice given to us by the independent review of PIP and are working at pace to make the necessary changes.

[Marsha De Cordova (Battersea) (Lab)]

As a result of the incorrect guidance produced by Independent Assessment Services, formerly Atos, in relation to daily living activity 6—help with dressing—will the Minister tell the House how she proposes to estimate the number of claimants who have been incorrectly assessed for PIP, and to identify the claimants affected, provide a correct assessment and pay all the arrears due?

[Sarah Newton]

I thank the hon. Lady for her question—we had a meeting last week where we discussed this case. The matter was brought to the Department’s attention by the Royal National Institute of Blind People in March. We have looked into the case and are absolutely assured that this is a one-off situation, but it is very important to me that we learn the lessons of how this happened. We are meeting the RNIB on Wednesday to see what further action we can take.

[Marsha De Cordova]

But does the Minister not accept that the wording of the correspondence that was produced by Independent Assessment Services—sent to her by a number of voluntary organisations, including the RNIB—suggests that the guidance has potentially been widely circulated among assessors, and that for contracted assessors to produce independent guidance on social security law without the Department’s knowledge suggests a serious problem with contract management?

[Sarah Newton]

I do not accept the premise of the hon. Lady’s questions. We are very clear that the personal independence payment assessment guide, which is published by the DWP and is on gov.uk, is the guidance that must be used by health professionals. The particular case was investigated and we have made sure that the procedures are in place to ensure that this does not happen again.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

Monday 26th March 2018 Commons Chamber

[Sarah Newton]

I thank my hon. Friend for his question and for taking the time and trouble actually to visit the centre where the assessments are taking place. If more Members in this House were to do that, they would be better informed about the reality of the process. It is absolutely right that the assessments are undertaken by properly qualified medical professionals.

[Marsha De Cordova (Battersea) (Lab)]

As well as the gross failings of the personal independence payment, we see another Government failure with the employment and support allowance underpayments where an estimated 70,000 sick and disabled people were incorrectly assessed and denied vital social security support. Will the Minister update the House on the progress that she is making in arranging to identify and to backdate awards to those former incapacity benefit and severe disablement allowance claimants?

[Sarah Newton]

I am delighted to be able to update the House on this important exercise. Back in August last year, the first payments went out to people who had been identified as underpaid. We are making really good progress with identifying other claimants who will benefit from the additional payments, and we have recruited up to 400 new members of staff, so that we can carry on our work delivering these payments.

[Marsha De Cordova]

How is the Department prioritising ESA claimants underpaid as a result of incorrect assessments, aside from those with terminal illnesses and conditions? Will the Minister confirm that claimants who were victims of underpayment will not be subject to reduced ESA eligibility due to lump sum payments being classed as savings?

[Sarah Newton]

On the first point, I assure the hon. Lady that we are working closely with our stakeholders. I am grateful to the disabled people and the organisations who are working with me and my colleagues in the Department to ensure that we are contacting the underpaid people who will most benefit from receiving these payments. On the second point, there are proper practices and procedures within the Department for Work and Pensions to ensure that lump-sum payments are not taken into consideration as people’s capital allowances. I have made a detailed statement to the House but if the hon. Lady would like to raise specific questions with me, I suggest that she bring them along to our meeting on 19 April.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

Monday 5th February 2018 Commons Chamber

[Sarah Newton]

The hon. Gentleman raises the important issue of specialist providers of employment. This is a very important sector, which the Government have a proud tradition of supporting. I meet stakeholders regularly, and we are always looking to see what more we can do to help them sustainably provide the invaluable employment opportunities that they do.

[Marsha De Cordova (Battersea) (Lab)]

Despite the Government’s claim that no severely disabled person moved on to universal credit would be worse off, we now know that that is not the case: scrapping the disability premiums will have just that effect. Transitional protection for existing claimants can easily be lost where there is a change in circumstance, such as if someone moves into work and if that job does not last. What assessment has the Minister carried out of the impact of abolishing these disability premiums on disabled people, and does she agree that transitional protection should be retained, so that it is not lost where there is a change in circumstance?

[Sarah Newton]

Unlike the previous system, universal credit is more targeted, and support is focused on those who need it most. Transitional protection is available for people who move into universal credit from other benefits, provided their circumstances stay the same. When giving evidence to the Select Committee last week, my hon. Friend the Minister for Employment said that he was aware of the situation, and he is thinking carefully about this issue.

PIP Back Payments

Debate between Marsha De Cordova and Sarah Newton

Tuesday 30th January 2018 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions to make a statement on the process and timetable for the personal independence payment back payments.

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

As a result of our decision not to appeal the recent PIP judicial review judgment, we informed the House via a written statement and in a response to a parliamentary question that we will be carrying out an administrative exercise to identify claimants who may now be eligible for more support from PIP. The Secretary of State took the decision less than three weeks ago. As previously said, we will be working with Mind—experts in the field—and doing things as sympathetically and effectively as possible. While efficiency is important, I cannot stress enough that I want the appropriate scrutiny and complete accuracy to be applied to this exercise, so it will not be rushed.

This exercise will include screening the existing PIP caseload of some 1.6 million people to identify the group who may benefit, but the vast majority of claimants will not be affected. As the Secretary of State said last week, we currently estimate that up to 220,000 people will be affected by the judgment. For the group of people who may be affected, we will undertake a detailed review of their applications and awards. We will write to the individuals affected, and all payments will be back-dated to the effective date in each individual claim. There will be no—I repeat, no—face-to-face reassessments of awards. DWP case managers will be conducting a review of the existing information we hold, with a view to establishing whether claimants are entitled to more. If case managers need more information to make a decision, they will contact the claimant and/or their doctor.

I am sure you will understand, Madam Deputy Speaker, that this is a complex exercise, and we need to undertake testing to ensure that we implement it safely. We therefore do not yet have an estimate of how long it will take. Obviously, we will keep the House updated on our progress in this exercise. Based on preliminary calculations, we estimate that the overall costs of implementing the judgment could be up to £3.7 billion by 2022-23. However, this number is highly likely to change as we work through all the impacted cases.

[Marsha De Cordova]

I thank Mr Speaker for granting this urgent question.

Following the written statement of 19 January and last week’s urgent question, yesterday we discovered in an answer to a written question that the Government will be reconsidering approximately 1.6 million PIP claims—effectively, everyone currently in receipt of PIP. However, no timetable was issued or detail provided for this process. We know that 55% of people with mental health conditions transferring from disability living allowance to PIP receive a lower award or no award at all. As the High Court found, the Government’s regulations are highly discriminatory.

I am pleased that the Secretary of State and the Minister’s Department have finally seen sense. However, there are a number of questions that the Minister must answer. By what date will the Department have changed the PIP assessment guide, so that she can implement the judgment? How quickly thereafter will the Department be able to identify affected claimants? Is her Department prioritising the PIP claims it is re-examining? If so, will she publish the prioritisation criteria? By what date will all 1.6 million PIP claims have been reviewed? Will it be weeks; will it be months; or will it be years? Do the 1.6 million claims to be reviewed include those that scored zero points and were not awarded PIP? Will there be an appeals process for the PIP claimants not contacted by the Department who believe that they should receive back payments? Will the Department compensate claimants who have fallen into debt and accrued interest charges? After the equality assessment was published in February 2017, the estimated number to receive the higher rate of PIP went up to 164,000, and it is now 220,000. Will the Minister publish an updated assessment? What assessment has she made of the administrative costs to her Department of undertaking this complex exercise of a considerable scale?

This mess is one of the Government’s own making. It is a clear example to this Government of the dangers of seeking to undermine both the independent judiciary and the House of Commons.

[Sarah Newton]

It is absolutely not true to say that we are trying to undermine the independent judiciary, because we have accepted the findings of the appeal and are now going to painstakingly, carefully and safely implement the findings. It is incredibly important for our democracy that we have an independent judiciary, and we stand by that.

The hon. Lady asked a number of questions. First, for clarification, the information that was provided in response to the written parliamentary question was absolutely the same as that given at this Dispatch Box by the Secretary of State last week and that contained in the written statement.

Moving on to some of the hon. Lady’s more detailed questions, she mentioned the updating of the PIP assessment guide. She is absolutely right: that is the starting point to making sure that we properly and thoroughly implement the recommendations of the appeal. I am delighted to say that Paul Farmer of Mind has agreed to work very closely with us to get that right. I have spoken to Paul Gray, who has undertaken the independent reviews of PIP, and he has also offered his help. I recently met a broad range of our PIP stakeholders and invited them to share their expertise.

As I said in my previous response, it is incredibly important to me that we get this right. The exercise will be complex and, to carry it out accurately and safely, we want to ensure that stakeholders and experts are involved. As a result, I cannot set out a timetable at this stage, but I can reassure all hon. Members that we are approaching this with a great deal of vigour and will ensure we do it as soon as possible. We have already started to recruit more people at DWP to help with the PIP review.

We want to discuss the prioritisation of the review of PIP claimants very carefully with our stakeholders to ensure that the process is fair, transparent and open. We will be reviewing people who had zero points in their original claim. We are currently considering the best way to handle an appeals process.

Of course, I will update the House regularly. The Secretary of State said that she would do that from this very Dispatch Box last week. We have oral questions every six weeks, so there are plenty of opportunities for Members to ask us about the progress we are making in this very important work.

Independent Living Fund

Debate between Marsha De Cordova and Sarah Newton

Tuesday 9th January 2018 Westminster Hall

[Sarah Newton]

The hon. Gentleman raises a good point. We transferred the money for that purpose—I was going to come to this point later in my speech, but I will say it now. The hon. Gentleman gave various numbers for losses, cuts, and people not receiving money that came from the research that he has done, including work with third-party organisations. Before this debate I asked him to come and see me so that we could talk the issue through, because the fund was certainly transferred in the full expectation that its recipients would have their funding maintained. If there is evidence to the contrary I would like to sit down with him and go through that.

I appreciate the hon. Gentleman’s welcome for the independent review of the impact of the fund. That was carried out by leading social scientists and showed that the majority of people interviewed during the research were seeing the same level of expenditure, or more, and that the level and quality of support were going up. However, there was variability in that research, and I would be delighted to sit down with the hon. Gentleman and make sure that the money is being spent in the way that was intended.

Through the devolution of the fund, the vast majority of recipients of ILF—94%—were also recipients of care and financial support from local authorities. There was a lot of duplication, and that has enabled local authorities to have the person-centred approach that the Care Act 2014 was always about. We need to join up services around the individual because no two people are the same. No two families have the same circumstances, so we must ensure that support meets the needs of the individual and enables them to live as independently as possible. As the hon. Gentleman recognised, these are devolved matters, and it is for the Welsh Assembly to make these decisions. The Welsh Minister for Social Services and Public Health said that funding of the ILF will continue in Wales, as that will equalise support and “make it more sustainable”. That is certainly a point that the hon. Gentleman’s colleagues in Wales recognise.

We have a clear commitment to ensure that disabled people have the support to lead independent lives, and that is demonstrated in the fact that the Department spends well over £50 billion a year. This year, £52 billion will be spent on benefits to support disabled people and those with health conditions. That is around 2.5% of our GDP, and more than 6% of Government spending, and it is up by £7 billion in real terms since 2010. It is simply wrong when colleagues stand up in the House and say that the Government are cutting benefits for people with disabilities. These are indisputable facts, and when hon. Members stand up in the Chamber, and elsewhere, and wonder why there is a perception that the Government are being cruel and heartless to disabled people, I think they should look at themselves in the mirror. When Members constantly misrepresent the facts, of course people will be worried and scared. Like any other constituency MP I hold weekly surgeries, and I am frankly dismayed when people come along holding their Labour leaflets and showing me what they are being told. They are scared about cuts that are not happening.

[Marsha De Cordova]

It is not right to say that we are not being truthful because there have been severe cuts to support for disabled people. The introduction of the personal independence payment and the abolition of disability living allowance means that fewer people will receive additional support to help meet the extra costs of living with a disability. The time limiting of contributory employment and support allowance has also led to a reduction in the number of recipients who are eligible for support—

--- Later in debate ---

[Sarah Newton]

I am grateful to my hon. Friend for pointing that out. The numbers clearly show a significant contribution to helping people live independently, but these things are not the only things we are doing. He is completely right to talk about enabling people to play their full part in society, including in work, and I am delighted that so many more disabled people are in work. The vast majority of disabled people want to play their full part in society and to be able to work, and we have set up very ambitious plans to ensure that more people have more support.

Let us look at some of that support. Not only do we have ESA and the personal independence payment, but enhanced and tailor-made support is available through the work coaches in Jobcentre Plus—that is more than £330 million. The marvellous Access to Work programme enables people to receive support of up to and over £40,000 a year so that they can go to work and stay in work. The subject of the newly launched Work and Health programme brings me on to the point raised by the hon. Member for North Ayrshire and Arran about working collaboratively with Scotland. I am delighted that in Scotland people are working so constructively on some of that innovation, and testing new ways that we can support people to get into and stay in work. We have a constructive working relationship with Scotland, and Scotland is benefiting from some of the considerable investment we are putting into that programme. Just this year we have two funds, one of nearly £80 million and another of about £35 million. I will, of course, always look to work with colleagues in any part of the country where we can work collaboratively and constructively to learn from each other, so that we can enable more people to play as full a part in society as they possibly can.

We have also talked about other parts of the funding. Adult social care is incredibly important for disabled people, and we have committed to publishing a Green Paper by the summer, setting out how we will reform the system and have a longer-term settlement on social care. An inter-ministerial group has been set up to do that, because it is an essential reform that we need to achieve. It is also important to have a cross-party, whole nation approach to doing that, because various Governments have tried to get it right, but we have yet to come up with a settled view we can all support. I think that is long overdue, and I will work hard to support that inter-ministerial group in coming up with a set of proposals that will aim to command the support of the whole House. Any hon. Members here who would like to join would be welcome.

[Marsha De Cordova]

I am really pleased that there will be a cross-ministerial group. Can the Minister confirm that working-age disabled people will also be considered in the Green Paper and in the reform of adult social care?

[Sarah Newton]

We definitely have two pieces of work under way. One is part of adult social care and is about the care of elderly people, and one is for working-age disabled people. That is incredibly important. We are always looking to see what more we can do to support disabled people to live as independent a life as possible, and I also want to ensure that, as we look ahead, we draw on the lessons we will learn through the considerable investment in innovation that we are putting in through the Work and Health programme. I want to ensure that we have an evidence base for the reforms we want to put in place.

In the meantime, we know we need to put more money into the system. We have put in an additional £2 billion over the next three years. That money was committed in March last year, and will mean that local authorities have the funds they need to support disabled people in living as independent a life as they can and to meet their social care needs. Councils have access to £9.25 billion more in dedicated funding for social care over the next three years. I think that, with this additional funding, local authorities have the ability to meet the needs that have been clearly set out there and to meet the responsibilities set out in the Care Act. It is important to analyse the impact of the closure of the independent living fund and I am happy to meet the hon. Member for Wrexham, because what I really want to do is focus on what more we can do in the future.

I hope that hon. Members who have been present for today’s debate will see that we have a big ambition, through a whole range of programmes, to enable disabled people to live independently and play their full part in society, helping them into work. I believe that the challenge we face as a nation is above party politics; it should be above party politics. Those colleagues who want to work with me to improve, learn and move forward to realise that bold ambition are very welcome to join me in a meeting and in that great challenge.

Oral Answers to Questions

Debate between Marsha De Cordova and Sarah Newton

Monday 18th December 2017 Commons Chamber

[Sarah Newton]

I would be very pleased to meet the hon. Lady and her constituents to talk about that case or to listen to their concerns more widely, but we really should put the situation in context: 8% of decisions are appealed and 4% of them are upheld. I am very aware that behind every statistic is a person, but it is actually a small percentage of the millions of people who do receive their benefits, and we are continuously focused on making the right decision, right from the outset, which is why we commission independent reviews. We welcome the findings of the latest independent review by Mr Gray, which has been published today, and we have accepted all his recommendations.

[Marsha De Cordova (Battersea) (Lab)]

Does the Minister agree that Paul Gray’s recommendations in the second independent review of personal independence payments that the routine provision of the assessment report to the claimant would both improve identification of error and incentivise better performance at the assessment stage, and will she fully accept that particular recommendation?

[Sarah Newton]

As I have said before, I am really delighted with the review and to have received its findings. We have accepted all the findings in the review. At the moment, those reports are available, so that everyone can request them. We do not think it is a good use of taxpayers’ money to provide them to people who are happy with the result, who will not be going on to make any further appeal and who are actually getting on with receiving their benefit.