Personal Independence Payments (Wales)

Debate between Mike Penning and Hywel Williams

Wednesday 9th April 2014 Westminster Hall

[Hywel Williams (Arfon) (PC)]

It is a pleasure to serve under your chairmanship, Mr Owen. I congratulate the hon. Member for Clwyd South (Susan Elan Jones) on a fine, eloquent and valuable speech.

Well, here we are again. Some hon. Members will recall our PIP debate with the now former Secretary of State for Culture, Media and Sport when she was the Minister responsible for disability issues. We discussed the mobility needs of people in residential care, and eventually she performed a U-turn—eventually.

I like this Minister and think that he is sincere and conscientious. We can trust that he will take full account of the debate and make timely changes. We are here because of delays in dealing with our constituents’ cases, and we know about the concerns of the National Audit Office and the Work and Pensions Committee. Our particular concern is Wales, where there are higher levels of disability and long-term illness. I have had cases, but I will not go into them, because we have heard sufficient detail about how bad the situation is. I will, however, ask a number of questions. I have had a response from Capita, although it is not completely satisfactory. I worry about our constituents who do not think of going to see their MP, because there must be many of those—proportionately more than actually come through our doors.

As has been mentioned, there are delays. People are told that they will be paid from the date of their claim, but the problem is that people have current needs, and jam tomorrow, even if it is delivered, is no use. Where there are delays, are claimants given timely information about how long their cases will take? Knowing how long the case will take would at least be some comfort. It is a grim question, but I have also been looking for figures on how many claimants in Wales have died waiting for their claim. It would be useful to have the data sets as soon as possible, although I know that we are in the early stages, and I have had access to some of the management information. Too often, we have data sets for the UK in general, but we are concerned with Wales and it would be useful to have those data sets broken down as far as our country is concerned.

Another issue for Wales is rurality, which makes PIP particularly important for people’s mobility needs. There is a practical question of the travel time for people who are assessed in centres, or the extra travel time taken by Capita staff who have to go to remote locations in rural areas. Atos has chosen a slightly different emphasis from Capita, by doing more assessments in centres rather than home visits. Will the Department eventually conduct a compare and contrast exercise on Atos’s and Capita’s handling of the matter?

I had an interesting discussion with Dr Duckworth, the managing director for PIP at Capita, on the radio this morning. He reported, as we have heard, that Capita now thinks that face-to-face interviews take two hours rather than one. Will the Minister tell us, perhaps in writing, how the planning process worked and how such an alarming underestimate was reached? Any planning process must be somewhat speculative, but if one hour was planned for and the outturn is two hours, it seems to me to be a gross underestimate.

I understand that Capita is recruiting more staff, and I heard the other day that staff from the Department for Work and Pensions are helping out. That is good; in such a situation, it is all hands to the pump. However, are there additional costs, and who pays them? Given that the contract is with a private organisation, what penalties are being imposed on Capita? Has the Minister made any assessment of its willingness, or otherwise, to continue with the work? We saw what happened with Atos, which pulled out of a different sort of assessment because of the difficulties that it faced.

Furthermore, I understand that Capita is conducting more paper-based assessments. Initially, Capita planned to do 70% of assessments face to face, and then we heard that the figure was 99%, but I understand now that, to hurry matters along, some paper-based assessments are being made. That is where we came in when we discussed PIP in the first place. One of the unsatisfactory aspects of disability living allowance was that it was too often a paper-based exercise, which produced variable outcomes, to say the least. PIP was sold on the basis that it would involve a quality, individual, face-to-face assessment, that there would be reviews and that the system would be better all around, but I worry that we may be going back to where we started.

I referred earlier to the need for data sets. It would be useful if the Minister gave us a snapshot of claimant numbers in Wales—perhaps not now, because he may not have the figures to hand—and the number of claims outstanding. Usefully, the Department produced a document entitled “Personal Independence Payment: Management Information” in February 2014, which some hon. Members may have seen. The results for the UK are interesting and rather startling. I do not know whether the figures are still current, because they were published in February and we are now in April. I see from one of the tables that in December 2013, there were 229,700 new PIP claims, and 43,800 new claim decisions were made in respect of all new PIP claims. That is, as far as I can see, a rate of about 20%.

[Mike Penning]

Perhaps I can help the Chamber. We estimate that 233,000 claims have been made, of which 50% have now been decided. Of the terminally ill, 99% have been concluded, which is still not high enough.

[Hywel Williams]

I am glad to hear that that is the rate. Of course, with people who are terminally ill, we want to see a rate of 100%. I also had a look at the figures from the PIP reassessment and impact report from December 2012, which gives a forecast for March 2014 of 87,000 reassessments, with 180,000 reassessments in the March 2012 strategy. Perhaps the Minister can give us further information.

A particular issue in Wales is assessment through the medium of Welsh. I put a question to the Department some time ago, and was told that the assessments would follow the Department’s Welsh language scheme.

Mesothelioma Bill [Lords]

Debate between Mike Penning and Hywel Williams

Tuesday 7th January 2014 Commons Chamber

[Mr Anderson]

I thank the Minister for his intervention, but I am talking about what the Prime Minister has done since he made a promise to the House from the Dispatch Box to look into the situation, knowing that the Bill was coming back to the House today.

Perhaps the Prime Minister has looked at what the employment lawyers have been dealing with over the years. Or perhaps he has done the other thing, and spoken to the people who have set the parameters for this debate: the people in the insurance companies. After all, he knows them all. They have bankrolled his party for decades, and they have bankrolled his constituency and those of hundreds of Conservative Members across the country. If a trade union had exerted that much influence, we on this side of the House would have been nailed to the wall. The Prime Minister knows the insurance industry well enough to have appointed the Association of British Insurers to lead the consultation. My hon. Friend the Member for Barrow and Furness (John Woodcock) talked about gamekeepers and poachers a moment ago. If this is not the most glaring example of that, I do not know what is.

At the end of the day, however, the Prime Minister could have gone somewhere much closer to look into this matter. If he had gone to his constituency office, he would have found a document in his in-tray that was sent to every one of us as constituency MPs. It is from the Asbestos Victims Support Groups Forum UK, and it is entitled “The Mesothelioma Bill [HL]—the Victims’ View”. I shall read out a few examples from across the country.

A constituent from Stockton North asks:

“After being robbed of my husband and father of two sons why am I now being robbed of compensation for my children?”

A constituent from Birmingham, Selly Oak states:

“I hope you never have to watch a loved one on oxygen fighting to get his breath, carrying it around to be able to live, or should I say exist. You have no idea what mesothelioma sufferers go through.”

A lady from Halesowen says:

“I watched my husband suffer for 3 years and then his horrific end to this illness. I’m sure that if the Ministers in Parliament witnessed this they would change the Bill without any hesitation”.

A lady from Eltham states:

“My husband was murdered. His name was Alan. My husband died aged 58 because he went to work every day in places riddled with asbestos.”

Mrs Barker from Staffordshire Moorlands says”:

“If you haven’t seen a man die of mesothelioma like I saw my husband in hospital then maybe you ought to go to a hospital. To see him go from a healthy active man to nothing, skin and bone, or anyone diagnosed with mesothelioma fall to pieces…is heart-wrenching.”

Mrs Bell from Telford states:

“My husband died within 2 months of diagnosis of mesothelioma. He was a strong, healthy man brought down to a weak, skeletal figure in that short time. Watching someone you love reduced to such a state is soul destroying.”

Mrs Barclay from Cannock Chase says:

“Come and spend time watching someone you love struggle to walk because of pain and lack of oxygen. My husband was 6 ft 2 in tall and now he is bent double struggling to walk.”

But the Prime Minister need not even have gone there; he could have gone to visit Mr Larrie Lewington, who lives in Witney and who said:

“I’m disgusted because 90% of the work I did was for people like the Ministry of Defence, police and hospitals. I now have this death sentence hanging over me for helping the government and they are trying to reduce the amount of money that I deserve. It’s an absolute insult. I could have had another 20 years left, everything else is perfectly healthy except this horrible disease. No amount of money will ever compensate what this has done to me and my family but it will help, and give me peace of mind that I can live without worry for the rest of my time.”

That is the real story here. It is not about whether the insurance companies can afford this or not; it is about the moral duty of the people in this House to do the right thing and not be told, “We might have to put the insurance bill up and some businesses will be wobbling.” We do things in this House every day of the week that put businesses, people, trade unions and every other organisation in the country under pressure, yet somehow we are saying that because we have this deal we should not put these people under pressure. There is absolutely no excuse for what is going on here today. The least that should be done is that we should start the scheme from 2010, because that is the last point when insurers can say, “We did not realise we were going to have to face up to this.” They should be made to face up to it. They have had their money and they ran with it. They should be caught, brought back to book and made to pay the proper compensation—anything below 100% is a disgrace.

The other clear disgrace—I am glad that the Minister of State, Department for Work and Pensions, the hon. Member for Thornbury and Yate (Steve Webb) is in his place—is the concept that somehow the Government can claw back 100% of benefits from people and yet give only 70% compensation. Where on earth has that come from? Where is the morality in that? Has anybody made the case to say that that is fair? It is obviously wrong. Somebody who goes to the courts because the employer is identifiable will get, on average, £154,000, whereas under this scheme the most somebody will get, even though they have to go through all the same hoops, except that they do not have an identified employer or insurance company, is £115,000. So they are already £39,000 worse off. Then 100% of the benefit they had is going to be clawed back because they are lying on their death bed—it stinks! We have to put this right. If it is not put right today, we need to continue on it because this is not the end of the matter. If it is not put right in this Parliament, I hope that when Labour comes to power in the next one we will resolve it.

[Hywel Williams]

It is a pleasure to follow the hon. Member for Blaydon (Mr Anderson) and all the other hon. Members who have spoken most eloquently about this terrible disease in support of the proposal made by the right hon. Member for Newcastle upon Tyne East (Mr Brown), which my party and I support. The hon. Member for High Peak (Andrew Bingham) said that it seemed unlikely that he would be so concerned about mesothelioma, given that he represents a rural area, and the same applies to me; what does mesothelioma mean to us in rural Arfon?

In the early 1960s, a Ferodo factory was established just outside my home town of Caernarfon. The slate industry was dying at the time, and many slate workers were affected with the dust disease that led to the 1979 Act to which I referred earlier in an intervention. At the time, people believed in economic planning and the plan was to establish a large factory in the constituency to mop up the unemployment arising subsequent to the closure of the slate industry. Ironically, the factory was that of the Ferodo firm, which then used asbestos in the production of brake linings, leading to cases of mesothelioma in my constituency.

I will be brief because the arguments have been very well made this afternoon by a variety of hon. Members on both sides of the House, and I pay tribute to the hon. Member for Chatham and Aylesford (Tracey Crouch) for her interesting and well-informed speech. As has been said, the scheme is being set up for individuals who have not only been diagnosed with a terminal illness, but who have been suffering the misfortune of being unable to trace their employer’s insurers. It is plainly unjust that these claimants should automatically lose a significant percentage of the compensation that is rightly theirs through no fault of their own. The industry has argued that mesothelioma claimants should be encouraged to look at all other avenues before making a claim under the scheme. At a meeting I had some months ago with insurers, that point was made most strongly.

[Mike Penning]

It is the Government who are saying that a victim must do everything they possibly can to ensure they get a claim against an insurance company before they approach the scheme, because the scheme is a fund of last resort.

Oral Answers to Questions

Debate between Mike Penning and Hywel Williams

Monday 18th November 2013 Commons Chamber

[Hywel Williams (Arfon) (PC)]

1. What plans he has for the future of the independent living fund.

[The Minister of State, Department for Work and Pensions (Mike Penning)]

We will consider the Court of Appeal judgment carefully and will announce plans in due course.

[Hywel Williams]

I declare an interest, in that my brother is enabled to live independently in his own community by the ILF, and I am extremely grateful that that opportunity is afforded to him. Will the Minister assure the House that when the Government come to consider their future plans, there will be full consultation this time with disabled people and disability groups in Wales, the regions of England, and Scotland, and specifically with the Welsh Government?

[Mike Penning]

I greatly respect the hon. Gentleman, but the conclusions of the Court of Appeal were nothing to do with consultation. It was a process issue, in that the Court felt that the Minister had not been given enough information, based on the information that was put in writing. The Court went on to say that there was evidence that the Minister

“consulted personally with many affected groups”

and it had

“no doubt that evidence of hard cases would have been forcefully drawn to her attention.”

That is what the Court ruled. It had nothing to do with consultation.