ESA and Personal Independence Payments

Patricia Gibson Excerpts

Wednesday 30th November 2016 Westminster Hall

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I wish to offer my thanks and congratulations to my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) on securing this debate. I am delighted to participate, although I really wish it was not necessary. I intended my contribution to be brief, but I am afraid that my efforts to help the hon. Member for North Swindon (Justin Tomlinson) will make it a wee bit longer than I thought it would be.

I wish that the austerity agenda—a political choice—did not fall so heavily on the shoulders of those living with disabilities. I wish that the UK Government would put an end to the revolving-door culture of work capability assessments for those seeking to claim personal independence payments, although I think we all welcome the removal of the merry-go-round of reassessments for those with chronic conditions. I wish that those who find themselves grappling with a health condition or a disability that limits their ability to work—indeed, their ability to live as full a life as they would wish—did not feel as though they were being punished for it. I wish that those claiming personal independence payments, or seeking to claim this benefit, which is gradually replacing disability living allowance, were not confronted with such a flawed system that needs radical reform.

[Justin Tomlinson]

I am sure the hon. Lady will welcome the fact that an extra £3 billion is now being spent to support those on DLA and PIP compared with DLA alone in 2010, and the fact that 23.5% are on the highest rate compared with 16% on DLA. That is good news.

[Patricia Gibson]

The hon. Gentleman would do well to remember the fact that, according to OBR figures, although more money is being spent, that is down to the fact that demand has increased, so we should treat those figures with a little more caution.

The fact that the system is flawed is demonstrated by the fact that 65% of appeal decisions found in favour of the claimants, which means that that 65% initially had their application turned down, causing untold stress and anxiety about how they would cope in future. The hon. Gentleman spoke of work capability assessments as an opportunity. Well, I am afraid that my constituents in North Ayrshire and Arran did not see this process as an opportunity. Perhaps the constituents of North Swindon found it so, but certainly in my part of the world, that was not the case.

[Justin Tomlinson]

To be clear, I said PIP assessments were an opportunity; not the work capability assessments for ESA, which need to be reformed.

[Patricia Gibson]

Surrounded by such a wealth of opportunity, it is hard to keep up. Nothing in the system that my constituents experience is seen as an opportunity. It is seen as extremely negative, intimidating and humiliating. When the hon. Gentleman talked about the assessments, perhaps I misunderstood him, but if I have I certainly am not alone. One might think that these assessments always resulted in somebody’s entitlement or benefit being increased, but I can assure him that in my constituency that is almost never the case.

The hon. Gentleman, perhaps in the interests of trying to be helpful to the Chamber, talked about how we should go and see an assessment taking place. Perhaps this is just me—I have not done a survey or anything—but these assessments are not a spectator sport. We are talking about people’s lives. The people who go through them very often find them humiliating and damaging. If I were to go through one of those assessments, the last thing I would want is an audience. Perhaps I might want a member of my family, or a close friend, but I certainly would not want my MP, who would in effect be a stranger, although their name might be well known to me. I certainly would not want the occasion to become a spectator sport. We must be careful about MPs filling the galleries when people are having their lives exposed and deconstructed by strangers.

This is a debate about social justice. Employment and support allowance is a form of financial support for people with life-limiting conditions whose ability to live a fully satisfying life, something we would all hope for, is effectively removed. That should be remembered during debates such as this one—and during the assessments. The hon. Member for North Swindon has informed the Chamber that the assessors are there to help, and I am sure that they think so too, but claimants feel stressed. They are confronted by assessors who are, by definition, strangers and who have little or no knowledge of their condition. We have all heard stories: for those who have not heard them, Parkinson’s UK can keep them going all day. There are stories, for example, of people with Parkinson’s being asked by the work capability assessor, “How long are you likely to have Parkinson’s for?”

We know that the criteria for work capability assessment are flawed and that people whose conditions fluctuate are always at risk of what might, strangely—as it is all relative—be called a good day. Such things are not taken into account by the work capability assessment, and nor is the impact of pain and fatigue, or the degenerative nature of conditions such as Parkinson’s. As a result, too many employment and support allowance applicants are placed in the work-related activity group, instead of the much more appropriate support group, which recognises that the claimant is simply not well enough to work. I reassure the hon. Member for North Swindon that I know that the Government have reversed the need for repeated work capability assessments for the chronically ill—that is welcome, but it simply does not go far enough. It is a matter of great concern to all fair-minded people that from April 2017 people placed in the employment support work-related activity group will receive £30 a week less than someone in the same situation today. That makes the failure of the system more alarming.

Flawed criteria are a particular difficulty for people with conditions such as Parkinson’s in receipt of disability living allowance—I could mention a range of conditions but time forbids it—when they are being assessed for PIP. Under DLA, if a person could walk no more than 50 metres they would be eligible for support. For PIP that distance has arbitrarily—randomly, it seems—been reduced to 20 metres. That is such a short distance that it is not a useful or helpful estimate of a person’s mobility. Given the fluctuating nature of some conditions and the failure of the process to register such fluctuations, many people are losing their Motability vehicles, on which they rely heavily.

The hon. Member for North Swindon will be interested to know that recent investigations found that under DLA 82% of people with Parkinson’s received the full mobility payment, whereas under PIP that has dropped to 40%. That is a massive drop, and those people lose their vehicles within 28 days of an assessment decision being made against them. I do not see how anyone can come to this Chamber and say that that is acceptable. Those people are being isolated in their own homes and effectively punished for their illness. Their dependence on family members increases.

[Nadine Dorries (in the Chair)]

Order. Will the hon. Lady apply the restriction of nine minutes to her speech?

[Patricia Gibson]

Yes, Ms Dorries.

[Justin Tomlinson]

Will the hon. Lady give way?

[Patricia Gibson]

I am being pressed by the Chair to conclude my remarks.

Everyone welcomes the Green Paper. What we do not welcome is the headlong rush to cuts before there can be proper analysis, which could be used to correct the system. We need an evidence-based and compassionate approach. Frankly, I do not see that. We should all want the same thing: we should all want to support people with disabilities into work, and to support those who cannot work. We need to make sure that we do that properly, and I urge the Minister to reflect on that and on all the suggestions made today.

[Natalie McGarry (Glasgow East) (Ind)]

rose—