Disability Update

Sarah Newton Excerpts

Thursday 6th September 2018 Written Statements

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

This Government’s vision for disabled people is to create a society that works for everyone, where all can participate fully, and be included. This vision aligns with the UN convention on the rights of persons with disabilities (the convention), which protects and promotes the rights of disabled people.

In the UK everyone’s rights are protected, including the rights of disabled people. The Government are always making improvements that reflect the intent of the convention. The UK has achieved a great deal and has been at the forefront of developments in equality and disability rights. But we are clear that more needs to be done. We are delivering improvements to ensure disabled people have the same opportunities for inclusion as people who are not disabled.

Our newly created inter-ministerial group on disability and society will drive forward co-ordinated action across Government to jointly tackle barriers to disabled people’s full participation and inclusion in society, ensuring we drive through progress against the implementation of the convention. And we are strengthening our engagement with disabled people through constructive dialogue and collaboration.

Today I will place a copy of the report and letter that we have submitted to the UN outlining the UK’s progress on protecting the rights of disabled people in a number of areas as set out under the convention in the Library of the House. Last year the UN reviewed the UK’s implementation of the convention, and made a number of recommendations, asking us to respond to some of those within 12 months. This is a standard process for signatories. The recommendations covered independent living and being included in the community, work and employment and adequate standard of living and social protection, as well the UN’s optional protocol inquiry that we responded to in 2016.

The response describes positive actions that we are taking in each of these areas, including:

We have made available a further £9.4 billion funding for social care in England between 2017-18 and 2018-19 to ensure that councils can increase the capacity of the social care system—an 8% real-terms increase over the current spending review period (2016-17 to 2019-20);

We are supporting more people whose health affects the way they do their job through Access to Work—over 25,000 people in 2016-17, an 8% increase on 2015-16, spending £104 million, up from £96 million. We also introduced a new tech fund under Access to Work to help disabled people to benefit from the latest advances in assistive technology; and

We will be spending an estimated £54 billion in 2018-19 on benefits to support disabled people and those with long-term health conditions, up from £44.7 billion in 2010-11—the highest ever.

We have made great progress, but there is always more we can do. Disabled people still face barriers to full inclusion, and we will continue to break these down, working with disabled people, the public, private and third sectors until everyone can participate in their community and achieve their aspirations.

[HCWS938]

ESA Underpayments

Sarah Newton 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.

[Sir Desmond Swayne (New Forest West) (Con)]

The hon. Member for Battersea (Marsha De Cordova) has spoken of a culture of indifference, but the bill for disability benefits this year will be £5.4 billion higher than it was in 2010. Is there an exponential increase in the number of disabled people between whom payments are being spread ever more thinly?

[Sarah Newton]

We are absolutely determined to ensure that everyone with a health condition or a disability is supported so that they can lead as full and as independent a life as possible. That includes supporting people with a health condition or a disability who want to work into work. I am delighted that we have seen 600,000 more people with disabilities in work in the last four years. Of course, we want to ensure that those who are unable to work also get the support that they need.

[Neil Gray (Airdrie and Shotts) (SNP)]

This is the latest in a long line of concessions forced on the UK Government by campaigners and the courts. In this case, I pay tribute to the efforts of the Child Poverty Action Group for achieving this victory for more than 70,000 disabled people in the face of the DWP’s “culture of indifference”, as described by the cross-party Public Accounts Committee. More than 70,000 disabled people have been denied money that they were due and knock-on support for between four and seven years. They were denied between £5,000 and £20,000, and support for the costs of prescriptions, dentistry and school meals.

Will the Minister advise the House on when this money will be paid out and whether it will be followed by compensation? Has the Department done any work to check whether its mistakes have had any other adverse consequences for those who have lost out, such as increased debt or mental health problems? In the light of the errors on ESA, PIP and universal credit, will the Department carry out a cross-departmental, cross-party review of its social security system to create one that is built on fairness, dignity and respect, as is happening in Scotland, rather than one that is subject to frequent legal challenge?

[Sarah Newton]

May I remind the hon. Gentleman that this action was due to the work of the Department itself? Because it is so important to us to make sure that people are not underpaid, it was our own work that led us to find this error and, as soon as we did, to put in place the actions to ensure that it was corrected.

On the hon. Gentleman’s point about the date on which we pay back the benefit, as I said in my statement, all the legal advice that we were given was around section 27. However, having listened to concerns raised by a range of stakeholders, we went back to look at that analysis. We really wanted to make sure that we were doing the right thing by our claimants, and that is when we came forward with the decision that we made yesterday.

In terms of the Department’s routine work, of course we welcome the fact that we have two very well-supported Select Committees. Only yesterday, I spoke to the Chairmen of the Public Accounts Committee and the Work and Pensions Committee. I always read with great interest and care any reports that they do. As I said to both Chairmen yesterday, we will seriously consider all their recommendations and report back to them, as they requested, in October.

[Maggie Throup (Erewash) (Con)]

May I wish my hon. Friend a very happy birthday? I commend her for finding this issue, moving it on, and getting a solution to it. Does she recognise the important role that so many employers are playing in signing up to the Disability Confident scheme and recognising that people with disabilities are an important part of our workforce for the future?

[Sarah Newton]

I thank my hon. Friend for making such an important point. We must always recognise the really positive contribution that people with health conditions and disabilities make across the whole of society, including at work. I commend her for accepting the community challenge. I commend all Members across the House who will go out into their communities this summer and encourage more employers to provide work experience, internships and employment for the huge talent pool of disabled people that we have in our country.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

Can my hon. Friend confirm that once a claimant has been identified and contacted about their under-payment, they will have access to a free phone line so that they can pursue their claim, and will be paid within 12 weeks?

[Sarah Newton]

Yes, I can make that commitment. We have already started to contact people and we are already making payments. Once we have contacted someone, we will make the freephone telephone number available to them, and we will pay them as soon as possible, but certainly within 12 weeks.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

I welcome the fact that the Minister took action to make sure that the wrong was righted for those people who would otherwise not have had this payment from 2011 to 2014. I congratulate her on that. However, the real concern is that there were warnings from 2013 onwards, both from her staff in the Department and from agencies dealing with these people. She says that the Department found this out, but it took a long time to act. Many people have still lost out on passported benefits, some easy to calculate, like free school meals. Will she, in the light of the recommendations in our report, look closely at the impact of the passported benefits that were lost and consider a compensation scheme?

[Sarah Newton]

I thank the Chairman of the Public Accounts Committee. Of course, the whole Department will take her report very seriously. The Secretary of State herself wanted to be here today, but she is making a very important speech elsewhere. That is the only reason she is not here herself to really underline the importance of what we are doing in the Department.

The hon. Lady raises a very good point about what more we can do to support frontline staff in the DWP who spot something wrong or feel uncomfortable with something that is happening—perhaps an unintended consequence—and to escalate their concerns so that they are heard by managers and those right at the top of the organisation. As a result of the work that the Secretary of State has been doing since she has been at the Department, with our new permanent secretary, new structures have been put in place to ensure that that escalation of concerns is appropriately considered across operations, policy and legal, and that appropriate action is taken. I believe that that action will prevent this from happening again.

[Kevin Foster (Torbay) (Con)]

I welcome the Minister’s answers and the fact that £40 million has been paid out so far. She rightly highlighted the fact that claimants will get a free phone number to contact. Obviously, people listening may have concerns about what their own position might be. Will she update me as to whether she will be working with local advice agencies, such as Citizens Advice, and ensuring that they have information so, if people contact them, they too will be able to give out advice?

[Sarah Newton]

My hon. Friend makes such an important point. I work very closely with a range of stakeholders, including the absolutely outstanding citizens advice bureaux. We will ensure, as we do in all the work we do, that they are fully updated so that they can give their customers good advice. I say to everyone in the House and to everyone listening that if people are struggling to make ends meet or are uncertain about what benefits they might be entitled to, they should go to Jobcentre Plus. There they will be greeted by compassionate, well-informed members of staff who will want to help them.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

As a former shadow Minister with responsibility for disability rights—a very long time ago—I have a keen interest in this, and, as chairman of the Westminster Commission on Autism, a contemporary one. In my time, I have seen a lot of mistakes in this kind of area. The secret is to come to the House, to apologise fulsomely and to put it right. The numbers she mentioned mean a lot of people in every constituency. Will she ensure that she does something fast to compensate them, and to help Members of Parliament, who with Windrush and this issue have an even greater workload in helping their constituents?

[Sarah Newton]

I thank the hon. Gentleman for his question and for his vital contribution. His work on autism, along with colleagues across the House, is really important. I always welcome opportunities to meet the cross-party group and I seriously consider all its reports. As soon as we identified the problem and how to sort it out, we were very open, coming to the House and updating it regularly, so that we can sort the problem out as soon as possible and provide Members with the information they need. I am first and foremost a constituency MP and I hold my weekly advice surgeries, so I know MPs’ vital role in supporting people through the benefits journey in our country.

[Tom Pursglove (Corby) (Con)]

My hon. Friend is a diligent Minister and I welcome the steps that she has taken to ensure that this is put right, but will she confirm for the House that internal learning has taken place and that future processes will be improved as a result?

[Sarah Newton]

Yes, I can give that assurance. The permanent secretary has been scrutinised and questioned by the Public Accounts Committee. He has made all sorts of commitments to improve the internal processes of the DWP, and, as I outlined in a previous answer, those processes are up and running. This summer I will visit the operating centre that is undertaking this administrative exercise, and I will be reinforcing to the staff on the frontline not only the importance of their work but how important it is to speak up and speak out if they experience any problems. I will be listening.

[Stephen Lloyd (Eastbourne) (LD)]

I thank the shadow disability Minister for bringing the urgent question to the House. The Minister will know that the fact that at least £390 million is owed to tens of thousands of sick and disabled people—the most vulnerable people—is a shocking revelation. I have two questions. First, will the Minister give an estimate of how long it will take for the people affected to receive the money that they are owed? Secondly, with respect, apparently the DWP learned about this 12 months ago but it is only the media that has brought it out into the open. How does the Minister respond to that?

[Sarah Newton]

It was not the media that brought this out into the open; there was a written ministerial statement to this House. We have been acting at speed to make sure that we identify people we have underpaid, and we have already started to make payments. In the original statement, we said that we hoped to complete the exercise within the year, which takes us up to next spring. We are absolutely working as fast as we can to make these payments.

[Diana Johnson (Kingston upon Hull North) (Lab)]

The Minister has again been brought to the Chamber by an urgent question, not to make a statement herself. I want to mention that the 100th anniversary is coming up of when George Lansbury and the Poplar councillors went to prison because they refused to cut benefits for the poor and the disabled. Does the Minister feel ashamed that she has had to come here today to explain the culture of indifference in her Department, and what is she personally going to do about it so that the poor and the disadvantaged in our communities do not suffer any more under this Government?

[Sarah Newton]

I gently remind the hon. Lady that we made a written statement yesterday—the third statement we have made—and that we have been open with the House and will continue to be open with the House because this is a matter of such importance to us. I also respectfully point out that she should look at the facts. Each year, we are spending more money supporting disabled people and people with health conditions, and the benefits that support them increase each year. They are not subject to cuts; the rates are increasing each year.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

The all-party group on disability has heard that 28% of those in poverty are disabled, while a further 20% of people in poverty live in a household with a disabled person. Shamefully, nearly half of the poverty in the UK is therefore associated with disability. Does the Minister agree that significant errors of this gravity perpetuate this poverty, and that there must be compensation for the most vulnerable who have been affected?

[Sarah Newton]

Let me absolutely clear: I do not want anyone in our country to be living in poverty. Nobody on the Conservative Benches wants to see anyone living in poverty, which is why we have put so much effort since 2010 into lifting people out of poverty, including people with disabilities. We have been increasing benefits each and every year, and we will continue to do so. We are also increasing the amount of support for disabled people and those with health conditions who tell us they would very much like to work.

[Jim Shannon (Strangford) (DUP)]

I, too, thank the shadow Minister for bringing this urgent question to the House, and the Minister for a very comprehensive response and for righting the wrong. Well done, Minister. With some 70,000-plus people who have transferred to ESA from another benefit not being paid the full amount of ESA, does the Minister have any idea at this stage of the number of those in Northern Ireland who have been underpaid, and who is looking after the Northern Ireland applicants who are seeking reimbursements?

[Sarah Newton]

Every person who deserves their payment will be treated fairly and equally—I absolutely assure the hon. Gentleman of that—but I will write to him with specific details about people in Northern Ireland.

[Hugh Gaffney (Coatbridge, Chryston and Bellshill) (Lab)]

The DWP—not the staff—is quick to point out and to recover overpayments, but it takes rather longer to correct underpayments. That has taken six years in this case, and underpayments are at the highest estimated level to date. What actions will the Government take to put that right and, more importantly, to make sure that it does not happen again?

[Sarah Newton]

I have repeatedly said that we are very sorry that this happened in the first place, and that we are doing everything possible to rectify the system—not just in this particular case, but to learn across all our benefits. Of course we take underpayments very seriously, and we have a well-resourced team that is taking up that issue.

[Alison Thewliss (Glasgow Central) (SNP)]

The arrears being paid to people may be quite considerable in some cases. Will the Minister confirm to the House that these will be disregarded for their current benefit entitlement, because people should not lose out now for mistakes that the Department made previously?

[Sarah Newton]

The hon. Lady raises a very important point. I am more than happy to put it beyond any doubt for people who are receiving payments for these underpayments that those payments will be disregarded for the purposes of other benefits.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Rather than waiting for this failing Department to contact my constituents about any underpayments, how can MPs make proactive inquiries on their behalf? Is the Minister aware that despite the MPs’ helpline for universal credit, some DWP offices are hiding behind general data protection regulation and saying that they cannot deal with verbal inquiries? Will she ensure that the MPs’ helpline does what it says on the tin?

[Sarah Newton]

The hon. Gentleman makes an important point, and as a constituency MP I understand the important role that we all have to play. I will ensure that he is able to raise constituency cases effectively and swiftly, and if he experiences any specific problems, he should please contact me so that I can rectify them.

Oral Answers to Questions

Sarah Newton Excerpts

Monday 2nd July 2018 Commons Chamber

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

18. How many appeals have been granted against initial personal independence payment assessment decisions in the last 12 months.

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

Data published by the Ministry of Justice last month shows that 57,000 decisions on personal independence payment claims were overturned on appeal in the last year. Of the 3.3 million decisions made since PIP was introduced, 9% have been appealed and 4% have been overturned. The average clearance time for PIP appeals in the last available quarter is 25 weeks.

[Ian C. Lucas]

In my constituency, over two thirds of decisions are being overturned on appeal. That shameful record is the responsibility of the Secretary of State and the Minister. It is causing real personal distress to individuals in Wrexham having to wait over a year to have wrong decisions reversed. What will the ministerial team do to respond to the real hardship they are causing to vulnerable people?

[Sarah Newton]

It is not necessarily the case that the decision made was the wrong decision; mostly what happens is that more information comes forward at the appeal. Hon. Members should look at the data I have already given. One wrong decision is one too many, however, which is why we have done a great deal of work to improve our decision-making process.

[Stephen Doughty]

Far too many of my constituents face exactly the same situation, and far too many have found they get no points in their assessment despite being severely disabled and having previously been awarded for conditions such as multiple sclerosis, post-traumatic stress disorder and severe anxiety. Does the Minister agree with a constituent of mine who wrote to me last week and described the Department for Work and Pensions and Capita as

“so robotic, intransigent and hard-nosed, it’s hard to comprehend why they were constructed that way given the purpose for which they were intended”?

[Sarah Newton]

I respectfully point out to the hon. Gentleman that more people are receiving higher awards on PIP than did on the legacy benefit, disability living allowance, and people moving from DLA to PIP remain in payment while going through the process. I utterly refute what he said.

[Stephen Doughty]

What about my constituent?

[Sarah Newton]

The hon. Gentleman wants to talk about constituents. I was on “You and Yours” last week and, during the phone-in, a whole series of people called in about their PIP experiences. As he has made his point, let us hear what Jennifer from Lancashire said:

“As it happens, it has worked very well for me.”

She contacted the Royal National Institute of Blind People, which helped her fill in the form, and the

“result was I now get the top rate for both things…. I get £140 whereas I used to get £112.”

[Alex Burghart (Brentwood and Ongar) (Con)]

I especially welcome the fact that the Government have accepted the Select Committee on Work and Pensions recommendation to record PIP interviews. Will the Minister set out for the House the sort of timescale in which we can expect these changes to come through?

[Sarah Newton]

I thank my hon. Friend for his contribution today and the hard work he puts in on the Select Committee. I was delighted to welcome its recommendations, and I really believe that the video-recording of PIP assessments will reduce a lot of stress and anxiety, which largely occurs because of the scaremongering we see too often from the Opposition. We have begun work on the piloting and will be undertaking the testing this summer.

[John Howell (Henley) (Con)]

At a recent Westminster Hall debate, several of us commented on how the PIP process had improved. Will the Minister continue to work with those of us who have suggestions for improving the system still further?

[Sarah Newton]

I thank my hon. Friend for his comments. I am utterly determined to ensure that everyone has a very good experience of PIP. The independent customer satisfaction ratings show that the vast majority of people feel that they are treated with respect and dignity and receive the benefit to which they are entitled, but we will of course seek continuously to improve the process.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

My constituent in Normanton lost her Motability car because the DWP said that she was not entitled to it. Five weeks later it reversed the decision but, in the meantime, because my constituent was isolated, she was forced to spend thousands of pounds of her own savings on replacing the car so that she was not stuck. She has been denied any help since. Will the Minister look again at that case? It is outrageous that my constituent should lose all her savings because the DWP screwed up.

[Sarah Newton]

I thank the right hon. Lady for her question. Of course I am always happy to meet all Members to review individual cases, but I suggest, for everyone’s benefit, that any Member with a constituent who faces losing a Motability car should call Motability. Motability is sitting on very considerable reserves. It is a charity and is able to make discretionary payments to enable people to keep their cars during the appeal process.

[Kevin Foster (Torbay) (Con)]

Thank you for calling me, Mr Speaker, and thank you for your kindness to a group of visitors who came to see me in the House earlier today.

I thank the Minister for the answers that she has given so far. I recently met representatives of Carers Aid Torbay to talk about the PIP process and the support that they provide for those who are going through it. Can she reassure me that there will be engagement with groups such as that in respect of the potential introduction of video recording of interviews?

[Sarah Newton]

I thank my hon. Friend for his question. It is very important for us to listen to people who are going through the process. I have regular meetings with disabled people and charities to ensure that we get it right and continuously improve the experience of our claimants.

--- Later in debate ---

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

10. How much her Department has spent on supporting people with disabilities and health conditions in the last 12 months; and what the change in that amount has been in real terms since 2010.

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

In 2017-18, the Department for Work and Pensions spent £51.9 billion on benefits to support disabled people and people with health conditions. This year it is forecast to rise to £54 billion, £9.3 billion more in real terms than in 2010-11. Spending on the main disability benefits—PIP, DLA and attendance allowance—has risen by over £5 billion since 2010 and is at a record high this year.

[Mr Clarke]

I thank the Minister for her answer. Will she join me in congratulating the East Cleveland employment and training hub in Skinningrove, which opened in February and has done brilliant work for a number of my constituents, including those with the health and disability issues to which my question refers?

[Sarah Newton]

My hon. Friend is a real champion for all his constituents, and I am pleased to join him in praising the work of the East Cleveland employment and training hub, which I understand plays a pivotal role in the community in enabling people to be supported into employment and is particularly valuable for those people who recently lost their jobs at the local potash mine.

[Christine Jardine (Edinburgh West) (LD)]

My constituent Alexandra Mitchell is unable to walk without heavy metal callipers. She cannot use her feet to drive and has hand controls in the Motability car she now stands to lose because her PIP assessment says that if she can drive, she must be able to walk. Does the Minister accept that this example, and those we have heard from other hon. Members, calls into question the quality of PIP assessments? Does she accept that the system is flawed and needs to be sorted?

[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.

[Mary Robinson (Cheadle) (Con)]

11. What steps the Government are taking to improve employment opportunities for people with family responsibilities.

--- Later in debate ---

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

The hon. Gentleman has written to me about a particular constituency case and I very much look forward to sitting down with him to discuss that. Generally, we start the review period around a year ahead to make sure that everybody has the time that they need to provide all the necessary information and so that we can go back to doctors or medical professionals. Sometimes, people’s situation sadly deteriorates and we need to make sure that they get the level of help that they need.

[Clive Efford]

I am grateful to the Minister for that answer, but I have constituents whose conditions are not going to improve, and one of my constituents has been called back for early assessment three times in three years, causing her a great deal of stress. If people have conditions that are not going to improve, does it not make sense to give them the benefit for longer and not reassess them so regularly?

[Sarah Newton]

I very much look forward to our meeting, and hope that the hon. Gentleman will welcome the recent changes. We have worked closely with disabled people and charities. We introduced the severe conditions criteria so that if people are on the highest levels of employment and support allowance or PIP and their condition is, sadly, not going to improve, their claim will be extended almost indefinitely.

[Scott Mann (North Cornwall) (Con)]

14. What steps the Government have taken to encourage assisted technology as a means to help disabled people into the workplace.

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

We are committed to making sure that all disabled people who want to work have the opportunity to do so. I am really pleased that, over the past four years, more than 600,000 more disabled people are in work. Assistive technology is of course playing a key role in that. We support such initiatives through the Access to Work tech fund and Disability Confident.

[Scott Mann]

The Minister will know that autonomous vehicle technology is moving along quickly. Does she agree that autonomous vehicles could give people increased social mobility, and enable people with physical disabilities or those who are partially sighted to access work?

[Sarah Newton]

My hon. Friend raises an important point. The Government are investing hundreds of millions into research and development to make sure that we fully understand the potential of autonomous vehicles and make sure that they really do benefit disabled people.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

In the light of all the controversy around the quality of PIP assessments, would it not save time to get people’s medical records automatically, thereby reducing face-to-face assessments, appeals and the hardship for beneficiaries?

[Sarah Newton]

The hon. Lady raises an important point. As part of our continuous improvement of PIP, we work closely with healthcare professionals so that we can speed up the process and make sure that we get all the right information to make the best possible decision the first time around.

[Mr Stephen Hepburn (Jarrow) (Lab)]

15. What recent representations she has received from people affected by the pension transition arrangements for women born in the 1950s.

--- Later in debate ---

[Craig Tracey (North Warwickshire) (Con)]

The last jobs fair that I held in my constituency focused on Disability Confident employers, and it is great to see that more than 5,000 are now signed up nationally. What more can MPs do to encourage more employers to join this fantastic scheme?

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

I am very grateful for the hard work that my hon. Friend is putting into his constituency. I have great news: the latest figures show that just under 7,000 employers have signed up to the Disability Confident scheme. I would really welcome every Member of this House signing up to the 100-day challenge in order to help their many constituents who would really like to work. There is something that everybody can do—[Interruption]—constructively, rather than chuntering from a sedentary position.

[Hon. Members]

Ooh!

--- Later in debate ---

[Maggie Throup (Erewash) (Con)]

Will my hon. Friend outline what official support is available to families when one parent is unexpectedly unable to work because of a serious illness such as cancer? Does this support apply to claimants who are employed and self-employed?

[Sarah Newton]

There is a range of support and no two families are the same. I encourage my hon. Friend to go to her Jobcentre Plus. I am sure that the really able colleagues there will be able to advise on which benefits and types of support are available.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

The PIP assessment has disproportionately and unfairly impacted on people with epilepsy, with 60% having their budgets reduced when they move from DLA to PIP. This is nearly 20% higher than for any other condition. Will the Government admit that the current assessment process is not fit for purpose for people with epilepsy and set out what is being done to improve it?

[Sarah Newton]

The vast majority of people who go through this process are very satisfied with it. Many more people are receiving higher amounts of payment on PIP than on DLA. I work very closely with the voluntary sector and charities to continuously improve PIP.

[James Cartlidge (South Suffolk) (Con)]

I am sure that you will be delighted, Mr Speaker, that Wimbledon is now under way. Of course, that means that tonnes of British strawberries will be consumed. I very much welcome my right hon. Friend’s recent comments about encouraging more British workers to pick that fruit. Will she update the House on her plans in this area?

--- Later in debate ---

[Paula Sherriff (Dewsbury) (Lab)]

A gentleman in his 80s attended my recent surgery regarding his son, who in his 50s and has complex and multiple disabilities. It beggars belief that he is being found fit for work. Will the Minister meet me to discuss this specific case? When will her Government stop vilifying the disabled and the most vulnerable in society?

[Sarah Newton]

Of course I will be absolutely delighted to meet the hon. Lady to discuss the case, but I utterly refute her assertion. We are absolutely determined to do everything that we can to make sure that people get the support that they need.

--- Later in debate ---

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

Joanne in my constituency needs 24-hour care. She was selected for early mandatory reassessment last November, a full year before her PIP was supposed to run out. She lost that reassessment and is appealing. When she lost, her money was stopped, and the family are living on food bank generosity. Does the Minister agree that that is deeply unfair? Will she take a fresh look at maintaining benefit payments for those who have early reassessments—in that case, a whole 12 months before the PIP was supposedly going to run out?

[Sarah Newton]

I remind the hon. Lady that PIP is a benefit for people both in work and out of work. It is there to recognise the additional costs of having a disability. For people who are unemployed, ESA is the benefit that they need to claim.

[Mr Philip Hollobone (Kettering) (Con)]

Children in workless households are five times more likely to live in poverty than those in working households. Can the Minister tell me by how much the number of workless households has risen or fallen since the Conservatives entered government in 2010?

Personal Independence Payments

Sarah Newton Excerpts

Monday 25th June 2018 Written Statements

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

I am pleased to inform the House that two review exercises will begin today. One with regard to the MH and RJ judgments and one for claimants whose main disabling condition is haemarthropathy. The first payments will be made in late summer.

The Secretary of State made a commitment to keep the House updated on MH. This statement is fulfilling that commitment and is the third update so far.

On 21 December 2017 the High Court handed down its judgment in the judicial review challenge against regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 S.l. 2017/194. This regulation reversed the effect of the upper tribunal decision in MH. This decision broadened the interpretation about how symptoms of overwhelming psychological distress should be assessed for the purpose of mobility activity 1 in PIP.

The Secretary of State informed the House on 19 January 2018 that after careful consideration she would not be appealing the High Court judgment, in order to provide certainty to claimants. Since then the Department has been working at pace and taking the necessary steps required to implement the decision in MH.

I am pleased to tell the House that this work is now complete and I have today published the new guidance required in order to implement the change. The guidance can be found at https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

On 2 November 2017 the Department published updated guidance following an upper tribunal judgment on RJ that was handed down on 9 March 2017 on how the Department considers a claimant to be carrying out an activity safely and whether they need supervision to do so. The review exercise will now also look back at PIP claims to consider whether an increase in entitlement should be awarded as a result of RJ.

In addition, the Department is also beginning a review of approximately 420 PIP cases where the main disabling condition is haemophilia to identify and review claimants with haemarthropathy, following feedback from external stakeholders that the functional needs of claimants with haemarthropathy were not being adequately assessed. We expect this exercise to be completed in six weeks.

I will continue to update the House.

[HCWS793]

Office for Nuclear Regulation Annual Report and Accounts 2017-18

Sarah Newton Excerpts

Thursday 21st June 2018 Written Statements

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

Later today the Office for Nuclear Regulation’s Annual Report and Accounts for 2017-18 will be published. Having consulted the Secretary of State for Business, Energy and Industrial Strategy, who is accountable for nuclear security, and the Office for Nuclear Regulation, I can confirm, in accordance with paragraph 25(3) of schedule 7 to the Energy Act 2013, that there have been no exclusions to the published document on the grounds of national security.

[HCWS784]

UN Convention on the Rights of Persons with Disabilities

Sarah Newton Excerpts

Wednesday 20th June 2018 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Dame Cheryl, as you have taken a lifelong interest in disabled people and made a personal difference by introducing the first piece of legislation specifically supporting people with autism. I congratulate the hon. Member for Canterbury (Rosie Duffield) on securing her first Westminster Hall debate. Given the way she has approached it, I am sure it will not be the last. After the Government publish our response to the UN inquiry, I will be more than happy to come back to this Chamber to debate it with her.

Before I respond to the individual points that hon. Members made, let me say that, like everyone else in this Chamber, I want to ensure that every disabled person and person with a health condition in our country has the opportunity to play a full part in society, including at work, when they can do so. Of course, there are disabled people who cannot work, and they must be supported. However, I utterly refute the allegations that the Government have discriminated against disabled people, systematically undermined and violated their human rights and, worst of all, that we are targeting their welfare support.

[Debbie Abrahams]

Will the Minister give way?

[Sarah Newton]

I have so little time and have been asked so many questions that I will not take an intervention.

The Government are utterly committed to the convention. Britain helped to develop and shape it, and we were one of the first countries in the world to sign and ratify it, in 2009. We are one of the very few nations that also ratified the convention’s optional protocol, which allows for individual complaints to be raised and permits the UN committee to investigate allegations of violations of the convention. That is what happened, and it was the first time it had happened. We were disappointed that the UN representatives who came to the UK simply did not take on board the evidence that the Government gave them and did not acknowledge the full range of support.

When we set out our response—I will set it out in full—we will clearly make our case and rebut the allegations levelled against us. We firmly believe that a disability or health condition should not dictate the path a person is able to take in life, including in society or in the workplace. That is the basis of everything we are doing to try to make sure that disabled people are able to realise their potential, including at work. We engage constructively with the United Nations and we have had constructive meetings, and I will of course meet all the reporting requirements in full.

As hon. Members will know, in line with the convention, disability is mainstreamed across the Government. I reassure everyone that we have strong legislation on our statute book to protect disabled people, through the public sector equality duty in the Equality Act 2010 and through the Northern Ireland Act 1998. Those protections are some of the strongest in the world.

The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) asked why we have not performed a cumulative impact assessment of our welfare reforms. We undertake cumulative assessments of reforms for each fiscal event, because we want to be as transparent as possible on the cumulative distributional impact of Government policies, including welfare reforms, tax changes—direct and indirect—and public spending changes. To present as full a picture as possible, we publish the living costs and food survey, which includes all the information that Members have mentioned.

All that information enables me to say clearly that the proportion of people in relative poverty in a family in which someone is disabled has not risen since 2010. These allegations that we are driving people to food banks and forcing them into destitution are simply irresponsible. The proportion of people in absolute poverty in a family in which someone is disabled is at a record low, because we are spending more than £50 billion a year on benefits to support disabled people and people with health conditions. That is up by £7 billion since 2010; it is around 2.5% of our gross domestic product and accounts for more than 6% of Government spending. As a share of our GDP, public spending on disability and incapacity is the second highest in the G7; only Germany spends more. Disability spending will be higher than 2010 in every year through the spending review. There has been no freeze in the benefits that disabled people receive, and those benefits are not subject to the benefit cap.

It is important that we hear the facts in these debates. Of course there is more we can do and of course I want to close the disability employment gap, but let us actually deal with the facts of the situation and stop this quite irresponsible talk that we have heard in this Chamber and that we hear in the main Chamber. Who will suffer because of what we have heard from Opposition Members today? It will be disabled people and their families, who will be frightened to come forward and claim the benefits and support available to them.

In my few remaining moments, I will touch on some of the criticisms that we have heard about personal independence payments and employment support allowance. PIP and ESA have been subject to a number of independent reviews, with the findings from the most recent, undertaken by Paul Gray, published last year, and to which I have published my response. I responded positively to each and every one of his recommendations. We are moving forward with continuous improvements to PIP.

The Work and Pensions Committee undertook a full inquiry into the assessment process, and it has welcomed my response and the series of measures we are taking, particularly the video recording of assessments. It is important to me that we build confidence and trust in that assessment process. We know from independent data that the vast majority of people undergoing a work capability assessment or a PIP assessment feel treated with respect and dignity, and that the system works. However, one person receiving poor treatment or not getting the right result is one too many, which is why we are so determined to implement all our reforms.

Those reforms stretch from working more closely with medical professionals, which was raised several times today, to making sure that it is easier for medical professionals to provide data to the process, that companions can support people in those assessments, that home visits are implemented wherever that could support people and that all the forms are in an accessible format. I actively consider implementing each and every suggestion put to me. I have a huge amount of stakeholder involvement with disabled people and people who represent them through our PIP forum and through a whole range of bodies under the Department for Work and Pensions. People are co-designing these benefit systems with us. When PIP was introduced, it was developed with organisations that support disabled people and with disabled people themselves. We want to make sure that PIP remains a modern, dynamic benefit and that the Government treat people with mental health conditions equally seriously as people with physical health conditions.

Many more people are being supported and helped on PIP than they ever were under the disability living allowance legacy benefit. As we know, the evidence shows that more people receive higher rates of support on PIP than on DLA. Some 30% of people moved on to PIP get the highest levels of support; the figure was only 15% on DLA. It is important that disabled people or people with disabled family members who listen to and follow these debates know that there is support for them and that they should come confidently forward to receive it, in the full knowledge that, when we come across problems with the system, we work tirelessly to improve it.

There has been talk about Access to Work. We are very keen to see Access to Work grow and develop. We recently announced that the support available to each person each year is double the average income—that is just under £60,000 per person per year to support an individual into work. It is a demand-led scheme, and I am pleased that it grew by 8% last year. This is one budget that we are happy to see grow, because it means that more people are being supported into work.

I welcome the comments on Disability Confident, which is a growing and successful scheme, and I am grateful to the hon. Members here who have signed up to it. I hope more will come next week to the launch of the community challenge, where we will ask leaders in communities—that is us, as MPs in our local communities—to spend time in our summer recess dedicating ourselves to visiting businesses and employers and asking them to become disability confident and to provide more opportunities for disabled people in their communities. I hope as many people here as possible will come along to that event and will join in with those activities.

So many questions have been asked that I have not been able to answer. I will write back in detail on every point that has been made, so that we can all work together to make sure that every disabled person in our country is truly supported to be the best that they can be and to play as full a part as possible.

Accessibility Challenges: Invisible Disabilities

Sarah Newton Excerpts

Monday 18th June 2018 Commons Chamber

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

I congratulate the hon. Member for East Lothian (Martin Whitfield) on securing this really important debate. I join him in saying what a privilege it was to be in the Chamber for the preceding debate, on acquired brain injury. It is very timely that we can talk about hidden disabilities following that debate. It is a very important topic. I also congratulate the hon. Gentleman on the tone he has taken in wanting to work so collaboratively with Members across the Chamber. He is right to say that each and every one of us are powerful advocates for change in our constituencies across our great country. There is something we can all do.

I think we can all understand that all disabled people face barriers in their daily lives, but people with hidden disabilities have to overcome the fact that it is not always easy to understand the support they might need. That is why we need to have debates such as this one and to think each day about people around us who may well have hidden disabilities that we are not aware of. It is all too easy to recognise somebody with a mobility need if they have a device or a wheelchair. Somebody with a visual impairment may have an assistance dog or a cane, but as we have heard this evening many health conditions— dyslexia, autism, acquired brain injuries and all sorts of other conditions—are simply not visible to the human eye.

The Equality Act 2010 has a very clear definition of disability. It says that it is anyone with a long-standing illness, disability or impairment which causes substantial difficulty with day-to-day activities. I am sure that, while we can all understand that as a legal definition of disability, not everyone within these groups identify themselves as disabled.

The hon. Gentleman asked me about numbers. People have told us they have a hidden disability: 14% of disabled people have a learning disability, 24% have a mental health condition and 17% have an impairment that can impact on their memory. These statistics, like any other statistics around disability, relate to people who have come forward to say, “This is how I feel. This is how I report.” We know that the information is limited, but just because it is limited does not mean that we do not take this really seriously. We absolutely do, and we want to build a culture and create a community in our country where people feel confident to come forward to their loved ones, families and employers and say, “I have this disability. I have this impairment. This is what it means to me. Can you support me, so that I can play my full part in society and achieve my potential with that support?”

[Ruth George (High Peak) (Lab)]

I thank my hon. Friend the Member for East Lothian (Martin Whitfield) for securing the debate, and I thank the Minister for the spirit in which she is responding and her recognition of invisible disability. I hope that in her role in the Department for Work and Pensions, she will make sure that these factors are taken into account in assessments for employment and support allowance and personal independence payment. Conditions such as complex regional pain disorder, on which I have an Adjournment debate tomorrow evening, are not recognised for the purposes of personal independence payment, in spite of it being one of the most painful and debilitating conditions.

[Sarah Newton]

I thank the hon. Lady for her intervention. I will listen with interest. If I cannot be there myself, I will read the Hansard report of what she has to say on the issue. It is really important that the support that we provide through the benefits system recognises the disabilities, impairments and challenges that people face each day, and that we provide the support that they need. That is why I want to confirm to the hon. Member for East Lothian that my role does include invisible disabilities. They are just as important as physical disabilities. The Government have been very clear about the parity of esteem that we give to people, whether their disabilities are visible or invisible.

We have heard about the great work that Grace has done. She has a very fluctuating condition—one that is quite difficult for people to understand. I understand that the fluctuation itself can make it even more challenging for her, and I am absolutely delighted that the hon. Gentleman has brought the campaign for her sign to the House’s attention today, as he did on 24 May. It is really important that we keep talking about this issue and celebrate the work that Grace has done. It is marvellous that she got the award from the Prime Minister, and I would like to put my congratulations on the record. As her former teacher, the hon. Gentleman must be very proud indeed of what she has done.

I reassure the hon. Gentleman that I have been working with the Leader of the House. We have accepted the challenge to make sure that we can get the sign up on the parliamentary estate. I look forward to working with the Speaker to make sure that that is the case, and I accept the challenge this evening to see what I can do to make sure that across Government Departments we can take up the sign that Grace has so beautifully designed and ensure that this is extended. It is remarkable that somebody from the age of 10 picked up that the sign would have such a huge impact on improving the quality of life, not just for her, but for people throughout our country.

It was really great to hear of the progress that has been made. I understand that Iain Gray, the Member of the Scottish Parliament, has been working with the hon. Gentleman and providing a lot of support to make sure that the Scottish Parliament is using these signs, and it was great to hear this evening that now Edinburgh airport, the stadium and shops all over the country are, too.

It is important to emphasise that businesses need to think very seriously about providing accessible toilets. As the hon. Gentleman knows, we have championed the Changing Places toilets and how important they are. We have a consortium that we support in the DWP. I have listened to many people who have provided Changing Places toilets, and they have told me that the footfall to businesses, stadiums and outlets has increased, so it means that the businesses are getting more business from people with disabilities.

I am passionate about making sure that all disabled people have improved access to goods and services. There are 13 million disabled people in the UK, and they and their families have a huge combined spending power estimated at about £250 billion every year. This is often called the “purple pound”. Many businesses are missing out on this potential market because their goods and services, whether online or in the real world, are inaccessible to disabled people. Of course, that includes accessible toilet facilities. To tackle this issue, I have appointed 14 disability sector champions whose job is to identify and drive improvements in their sectors. They represent a range of sectors and businesses from retail to arts and culture and sport, and they are using their influence as leaders in their industries to drive improvements in the accessibility and quality of services.

Last November, I established a retail forum with our retail sector champion, Helen Drury, to raise the importance of improving accessibility in the retail sector. Helen has recently been promoted and is moving into the financial services industry, but I am grateful for her work in helping me to set up the forum and in developing an accessibility toolkit that has been widely welcomed by landlords of shopping centres and retailers themselves and which shows them how relatively easy and straightforward it is to make minor adaptations so that their businesses are far more welcoming and inclusive. I am pleased to announce that Samantha Sen, head of policy and campaigns at Revo, will take over as a temporary replacement for Helen until we can complete our recruitment exercise towards the end of the year.

The forum brings together high-level leaders in the retail sector, both retailers themselves and landlords, to roll out good practice across the sector. At our last meeting in March, a member highlighted the success that his business had had with the “Disability can be invisible” sign—it put it on its bathroom doors and seen the positive impact it could have. The forum is working with me on a new initiative called Purple Tuesday. Thanks to the hon. Gentleman’s having raised Grace’s sign with me this evening, I will make sure that the toolkit we develop for the implementation of Purple Tuesday includes the sign.

We are working with a not-for-profit disabled people’s user-led organisation called Purple to develop a new annual retail event, which we are calling Purple Tuesday, to raise awareness of the value of the purple pound and to encourage retailers to put on events to encourage people into their stores and to make those minor adaptations so that they can not only provide an inclusive environment but realise some of that £250 billion for their own businesses. We hope that the first Purple Tuesday will be on 13 November. I will make sure that the Department does everything to support it. I will update Members nearer the time once the plans are more developed, because it is something we can all get behind; we can all encourage retailers on our high streets and in our communities to do that. I hope that by introducing Purple Tuesday we will not just support retailers to improve the accessibility of their services and the customer experience of disabled people, but improve our understanding of disability, bust some of those myths and get rid of the stigma around disabled people.

We know from similar campaigns, such as the Time to Change campaign, that it is possible to change attitudes over time, and I was pleased to see the most recent results from the Time to Change national survey, which showed that the overall attitude trend between 2008 and 2016 was moving in the right direction: just under 10% of people have changed their minds and improved their attitudes towards people with disabilities. That is 4.1 million people. It is possible, then, to make progress, and I am determined to do everything possible to make sure that disabled people in our country are as appreciated as everybody else and enabled and supported to play the fullest part they can in society.

I am grateful that we have had the opportunity to talk about the importance of making toilets accessible and of getting people to stop and think again if they see someone using such a toilet. The fact that a person’s disability cannot be seen does not mean that the person does not need to use that facility.

I look forward to working with the hon. Gentleman on Grace’s campaign, and to ensuring that all her signs appear on the parliamentary estate, in Government buildings, and in high streets throughout our country. Congratulations to him, and congratulations to Grace.

Question put and agreed to.

Personal Independence Payments

Sarah Newton Excerpts

Tuesday 5th June 2018 Written Statements

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

Personal independence payment (PIP) is a modern, personalised benefit that assesses people on needs not conditions. PIP is a fairer benefit than the old DLA system as it takes a much wider look at the way an individual’s health condition or disability impacts them on a daily basis.

We are constantly looking at ways to continually to improve the PIP service. In response to Paul Gray’s second independent review and the recent Work and Pensions Select Committee report we outlined numerous further improvements to the PIP service. This included numerous measures to improve the clarity of our communications products and increasing the level of clinical coaching, feedback and support available to each assessor.

A key part of our efforts to improve the assessment process will be making video recording of the PIP assessment a standard part of the process. We will be piloting videoing the assessment with a view to then rolling this out across Great Britain.

We have seen improvements in the overall quality of assessments since 2015 but we recognise there is still more to do to deliver the high quality of service those claiming PIP rightly expect. We will continue to work closely with stakeholder groups and our assessment providers to improve the quality of claimant communications, assessments, decision making and the overall claimant experience.

It is vital for claimants that we continue to have a stable service. My Department therefore intends to explore options to extend the current contracts for approximately two years as this will better allow for a stable transition to any new provision. At the same time we will look to enable more providers to deliver PIP by developing a DWP owned IT system. Throughout this period we will continue to focus on improving the service and the experience of claimants and offering the best value for money for the taxpayer.

We remain committed to understanding how the benefit is working and to continuous improvement in this space. Furthermore we remain committed to working closely with claimants and the organisations who represent them, and will continue to do so.

The measures I have outlined today will improve the claimant experience and we will continue to work with stakeholders to identify and implement further improvements to ensure we are delivering the high quality service claimants rightly expect and deserve.

[HCWS733]

Oral Answers to Questions

Sarah Newton Excerpts

Monday 21st May 2018 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

6. What progress her Department has made on processing back-payments for personal independence payment claims.

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

We understand the urgency of this matter and we remain on track to begin making the first payments in the summer. The exercise to identify claimants affected by the MH judgment will start as soon as we have made the changes to the guidance needed to implement the judgment. We are engaging with stakeholders to update the guidance and once guidance has been finalised I will further update the House.

[Peter Grant]

Four months without even an update to Members of Parliament does not sound like the matter is being treated urgently by the Government. In January, when the Government were dragged here by an urgent question to give a statement on the court case they lost, the Secretary of State assured the House that, if I wanted to contact her to arrange a meeting to discuss a particular constituency case, her door was open and she would meet me. Six weeks after I wrote to ask for such a meeting, I got a letter back from a junior Minister saying the Secretary of State was not available to meet me. Will she apologise for breaking the promise she made to me and will she apologise on behalf of my constituents, and the constituents of other Members, who still do not know what the Government are doing to sort out this mess?

[Sarah Newton]

We have updated the House regularly. I published a list of frequently asked questions and placed it in the House of Commons Library on 28 March. I wrote to the hon. Gentleman on 17 April again offering a meeting and I have yet to hear a response. My door remains open and we are getting on with great urgency to begin the repayments as soon as possible.

[Sir Desmond Swayne (New Forest West) (Con)]

From a PIP application being made to when an award is paid, what is the mode, the mean and the median waiting time?

[Sarah Newton]

I thank my right hon. Friend for his question. I cannot answer with regards to the mode, the mean and the median, but I can tell him that the average waiting time at the moment is 12 weeks. We have worked very hard to bring down the waiting time so that people can get the support they need as soon as possible.

[Frank Field (Birkenhead) (Lab)]

As PIP is the entrance to mobility allowance, will the Government join the Treasury Committee and the Work and Pensions Committee in asking for a full National Audit Office inquiry into what is ostensibly a really good benefit?

[Sarah Newton]

First, I would like to wish the right hon. Gentleman a very speedy recovery. I can see clearly that he has had an injury and I am sure I speak on behalf of all Members when I say that I hope he makes a very speedy recovery. We of course agree that it is really important that the NAO gets on with its work, but the Secretary of State will update the House shortly on progress.

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

Will my hon. Friend confirm that this very important exercise regarding PIP payments is not likely to require any new face-to-face assessments?

[Sarah Newton]

I thank my hon. Friend for that question. I can absolutely assure him that there will be no need for new face-to-face appointments or assessments.

[Emma Reynolds (Wolverhampton North East) (Lab)]

I have been helping identical twins who have the same genetic condition, which involves learning disabilities and associated health problems. Both were assessed for PIP at different times by different assessors. One was granted PIP and one was rejected. The case has now been resolved, but can the Minister not see that the system is totally unfit for purpose and needs overhauling?

[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.

[Tom Pursglove (Corby) (Con)]

7. What steps the Government are taking to help young disabled people into work.

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

I want to make it absolutely clear to the House that I want us all to be as ambitious for disabled young people as we are for all young people, enabling them to fulfil their potential. We have a range of programmes to support the journey to work, including the young persons supported work experience programme, tri-work supported work experience and supported internships and apprenticeships.

[Tom Pursglove]

I am very grateful to the Minister for that answer. Apprenticeships have proved to be a huge success story in Corby and east Northamptonshire, so what steps are the Department taking to help to encourage young disabled people to take up those opportunities and ensure that they are accessible to all?

[Sarah Newton]

My hon. Friend is a doughty champion for his constituents and it is great to see the number of people with learning difficulties or a disability starting an apprenticeship—it rose to 22,100 this year, 150 of whom are from Corby, which was a rise of 40 people on the year before. We want more employers to offer apprenticeships for disabled youngsters. The Department for Education has made adjustments to the maths and English standards and Access to Work is available.

[Thangam Debbonaire (Bristol West) (Lab)]

Would the Minister care to explain to my disabled constituent how new claim rules for Access to Work justify requiring confidential contracts of and employment information about the disabled person’s personal assistant, and how do those square with the general data protection regulation?

[Sarah Newton]

The hon. Lady raises a very specific case. Of course, I will be very pleased to look into that, but let us be clear: Access to Work is providing invaluable support. It is enabling many more people with disabilities to play their full part in our society, including work. We have recently made a number of changes that have been widely welcomed.

[Justin Tomlinson (North Swindon) (Con)]

When I ask young disabled people, “If you were the Minister, what would be your No. 1 priority?”, the answer is always to have an opportunity to work and, for some, to run their own business. The NESTA innovative technology fund was one of the most exciting ways to support disabled entrepreneurs, through prize money and matching them up with mentors. Will the Minister do all that she can to help to reinstate this important opportunity?

[Sarah Newton]

I absolutely agree with my hon. Friend that we should be as ambitious for disabled people as we are for anyone else, and that includes enabling them to set up their own business. He raises a particularly important scheme, but there have been other innovations through the employment allowance and the support that is available through Access to Work. Indeed, Microsoft has just launched a fantastic new fund of £25 million to help with assistive technology and people setting up businesses.

[Ian C. Lucas (Wrexham) (Lab)]

What assessment has the Department made of the impact of the abolition of the independent living fund on disabled young people?

[Sarah Newton]

As the hon. Gentleman knows, responsibility for the independent living fund was given to local authorities, which are very well placed to join up services in their communities to the benefit of all disabled people, including young disabled people.

[Priti Patel (Witham) (Con)]

8. What steps her Department is taking to improve social mobility.

--- Later in debate ---

[Graham P. Jones (Hyndburn) (Lab)]

12. What assessment she has made of the appropriateness of the eligibility criteria for attendance allowance.

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

Attendance allowance is available to those aged over 65, and entitlement is based on the ongoing need for frequent personal care and attention, or supervision, to ensure personal safety. The Government believe that the current long-standing qualifying rules for the allowance are working well. It is a popular benefit. Nearly 1.5 million people are currently receiving it, including 2,000 in the hon. Gentleman’s constituency.

[Graham P. Jones]

Before Christmas, I raised with the Prime Minister the case of Mr Walker from Great Harwood, in my constituency. Mr Walker was a fit and able pensioner until, at the age of 69, he was run over by a drunk driver. He is now quadriplegic, paralysed from the neck down. He and his wife are struggling, and their Ford Fiesta is of no use whatsoever. He has been released from hospital, and he is not being given the help that he needs. Why is a previously fit and healthy 69-year-old man not entitled to the disability help that he needs—such as a Motability car—because of his age?

[Sarah Newton]

The hon. Gentleman recounts the truly tragic case of his constituent, and of course he will be able to apply for attendance allowance, but that is not the only support available. Clearly he will need support from the NHS and adult social care, where a range of support is available, and attendance allowance can be used on Motability aids as well.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

13. What mental health awareness training her Department provides for personal independence payment assessors.

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

Assessment providers write and deliver training for health professionals; this includes how to identify the impact of mental health conditions on claimants. We require providers to have mental health function champions who are available to provide advice and support. They must have at least two years’ full post-registration clinical experience in the management of the relevant conditions.

[Justin Madders]

I suggest the Minister goes back and sees how that works in practice. A constituent came to see me recently about their personal independence payment assessment; they were asked during the course of the assessment why they thought their previous suicide attempts had not been successful. Does the Minister share my disgust at that cruel, inhumane and disgusting way of asking questions?

[Sarah Newton]

From the way the hon. Gentleman has presented that, of course I would unequivocally agree that it was totally unacceptable. The assessors are not given a script, and we expect them to treat everybody with utter respect and dignity.

[Vicky Ford (Chelmsford) (Con)]

On Friday I attended a simulated work capability assessment in Chelmsford and it was very helpful. What progress is my hon. Friend making to ensure that all assessments for employment and support allowance and PIP can be more regularly recorded so that those with mental health and other concerns have greater transparency?

[Sarah Newton]

I am pleased that my hon. Friend took the opportunity to visit her assessment centre; I am always happy to arrange these meetings so that hon. Members can see at first hand what is usually a very professional, very compassionate assessment. But of course we want to go further and make sure that every assessment is a good assessment, and recording is definitely part of our plans for improvement.

[Tonia Antoniazzi (Gower) (Lab)]

Some 75% of claimants in Wales who appealed against decisions to reduce or stop PIP were successful; that is 8,000 people in Wales who have needlessly worried about having payments stopped. The Prime Minister and the Secretary of State for Wales were unavailable to comment on this at the Welsh Conservative conference on Friday, but can the Minister tell the House when the Government are going to get a grip on this situation?

[Sarah Newton]

Some 3.1 million PIP decisions have been made, and 9% of them have been appealed and 4% of those have been overturned. I am absolutely determined to make sure that we make the right decision every time; we should get it right the first time, and we have put in place a whole series of actions to make sure that that is the case.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The Secretary of State accepted that there was a failure of assessment of people with mental health conditions and said that this would be remedied, but we have been told by our job centre that guidance has not changed, and a young man who is suffering from appalling post-traumatic stress disorder in my constituency is still being treated as if he does not qualify. When will guidance actually change? We are still producing more injustices.

[Sarah Newton]

As I said in answer to an earlier question, we insist and make sure that the healthcare professionals undertaking the assessments are appropriately trained and have the right expertise, and the guidance is kept under constant review to make sure we get it right first time.

[Kelvin Hopkins (Luton North) (Ind)]

14. What recent assessment she has made of trends in the level of fees and charges applied by asset managers to the investments made by defined contribution and defined benefit pension schemes.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

16. What financial support is available for disabled people who incur costs relating to their condition which welfare payments are not designed to meet.

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

There is a wide range of financial support available to disabled people who incur extra costs relating to their condition which welfare payments are not designed to meet. These include: Access to Work, disabled students allowances, disabled facilities grants, the disabled person’s bus pass and railcard, and VAT relief on certain items, goods and services.

[Robert Halfon]

I should like to thank the Government for instituting the bursary scheme for disabled parliamentary candidates; that is good news. On another matter, Scope, the charity supporting disabled people, has found that disabled people have £108,000 less in savings and assets, yet when they go to hospital—not out of choice, but because they have to—Scope finds that something like 50% of hospitals are still charging disabled people to park their cars. Will my hon. Friend lobby the Department of Health and Social Care to remove those charges and scrap hospital parking charges for all disabled people?

[Sarah Newton]

I am pleased to accept my right hon. Friend’s welcome for that good news; it is important that people seeking election should be supported in doing so. I am really pleased to announce today that we have created a new inter-ministerial working group to bring the full force of the Government behind ensuring that every disabled person in our country has the ability to reach their full potential. It is by working across Government that we will tackle issues such as the one that he has just raised.

[Ruth Smeeth (Stoke-on-Trent North) (Lab)]

21. One of the benefits, or non-benefits, that is available is the crisis loan. My constituent, Mr Hayward, has been told by the Minister’s Department that he owes £1,500 in crisis loans taken out 13 years ago. There is just one small problem with that: he did not take out those loans. The Department cannot provide any paperwork to prove that he did so. How can anyone have any faith in anything that happens at the DWP?

[Sarah Newton]

I appreciate the hon. Lady bringing up that really important case. We will take it away and get back to her.

[Layla Moran (Oxford West and Abingdon) (LD)]

T1. If she will make a statement on her departmental responsibilities.

[Layla Moran]

I have a young constituent who has PKU, a rare inherited disorder that requires a strict diet and treatment for life. She had been in receipt of the disability living allowance, but now that she has turned 16, she has scored zero in every personal independence payment category. Will the Minister meet my constituent and me so that we can iron out this clear case of “the computer says no”?

[Sarah Newton]

I would be absolutely delighted to meet the hon. Lady and to go through this constituency case with her.

[Stephen Kerr (Stirling) (Con)]

T4. Where are we on the transfer of welfare powers to the Scottish National party Government? Whose court is the ball in?

--- Later in debate ---

[Neil Gray (Airdrie and Shotts) (SNP)]

Being able to walk 20 metres is an essential part of the PIP assessment process, yet Ministers have told me in written answers that they do not have a policy for their assessment centres to have parking within 20 metres, nor do they know which centres have such a facility. Indeed, the centre that I visited recently had double yellow lines outside. Given that not everyone has access to a home assessment, what would the Minister say to somebody who turns up for an assessment and cannot walk to the door?

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

That is not only totally unacceptable, but absolutely unnecessary. When people are invited to come along for their assessment, there is an opportunity to talk about their mobility needs to ensure that the centre is totally accessible for them. Each centre must comply with the equality responsibilities under the Equality Act 2010, and people are also offered home visits.

[Damien Moore (Southport) (Con)]

T7. Will my right hon. Friend confirm that the record levels of employment that this Government have delivered in office have predominantly involved full-time and higher-skilled roles?

[Liz Twist (Blaydon) (Lab)]

T2. People with progressive conditions are meant to be exempt from ESA reassessments, although my constituent Glenn, who has multiple sclerosis, has one coming up, but they will not be exempt from a PIP reassessment. Will the Minister commit to removing that cruel and unnecessary burden on people living with progressive conditions?

[Sarah Newton]

We have worked closely with a range of stakeholders, including the Multiple Sclerosis Society, to develop a series of severe conditions criteria, which mean that people will not be asked for face-to-face reassessments. Wherever possible, we will make decisions based on the paper-based evidence that is provided. We are also working carefully to ensure that those same criteria are applied to PIP assessments.

[Robert Halfon (Harlow) (Con)]

T9. With 1,000 more people in jobs in Harlow than in 2010, and with 5,000 more apprentices over the same time, will my hon. Friend congratulate Harlow College and Harlow’s jobcentre?

[Jeff Smith (Manchester, Withington) (Lab)]

T3. Recently, two constituents with serious and deteriorating cerebral palsy both scored zero points on their PIP assessments. Both require round-the-clock care, but both were forced to appeal the decisions. Is it acceptable that people with serious and deteriorating disabilities are being forced to go through the courts to get the support that they deserve?

[Sarah Newton]

It is well worth pointing out that the vast majority of people go through the process and get the support they need, and many more people are receiving higher-level support under PIP than under disability living allowance. However, when I hear of cases such as that, something has clearly gone amiss, so I will be happy to meet the hon. Gentleman.

[Vicky Ford (Chelmsford) (Con)]

T10. What action are the Government taking to make sure that parents cannot hide earnings from their child maintenance payment calculations?

[Laura Pidcock (North West Durham) (Lab)]

Dupuytren’s contracture, or miner’s claw, as it is commonly known, is a progressive condition that causes the fingers gradually to curl up, occasionally requiring amputation. It is a very common disease among former miners, and the Industrial Injuries Advisory Council has made it clear to the DWP that there is a link between the use of percussive tools and miner’s claw. Why has the Secretary of State chosen to ignore that expert advice, and will she explain why the condition has not been added to the industrial injuries disablement benefit list of conditions?

[Sarah Newton]

I am working very closely with the independent advisory board, which advises on which conditions should go on to the list for which people can receive severe disability payments. My meetings with the board are ongoing.

[Scott Mann (North Cornwall) (Con)]

A small number of my constituents do not have the digital skills or the equipment to be able to process their universal credit online. What is the Department doing to help them?

[Paula Sherriff (Dewsbury) (Lab)]

T5. My 20-year-old constituent Lucy has severe autism and learning disabilities. She has been told that she must attend a medical assessment to transition from employment and support allowance to universal credit. Medical advice says such an assessment will cause unnecessary stress and anxiety, but that advice has been ignored by the DWP. Will the Minister commit to reducing this burden on the most vulnerable in society?

[Sarah Newton]

When people apply to go on to universal credit their existing ESA remains in place, so it might be that Lucy was coming up for her regular periodic assessment. It is really important to us that people get the right support but, of course, I will happily meet the hon. Lady to look into this case.

[Nigel Huddleston (Mid Worcestershire) (Con)]

A number of my constituents have reported difficulty with the Child Maintenance Service on issues such as undeclared income and missing payments. What is being done to ensure that complaints about the CMS are dealt with in a timely manner?

[Ms Karen Buck (Westminster North) (Lab)]

T8. This morning I was contacted on behalf of a constituent who has an inoperable tumour on her spine all the way down to her pelvis, leaving her unable to walk and compounded by arthritis and severe depression. Her ESA has been suspended, her housing benefit has been suspended and she is now threatened with the possibility of eviction. Can the Minister help me make sure my constituent is protected? Can she also help me understand why so many disabled people feel they are living in a hostile environment?

[Sarah Newton]

Of course I would be more than happy to meet the hon. Lady urgently, because she raises a terrible case. [Interruption.] Let us remember that the vast majority of people claiming ESA or PIP get a really good service and get the benefits to which they are entitled.

[Kirstene Hair (Angus) (Con)]

According to The Guardian on Saturday, a report shows that the share of employees who are officially classified as low paid has fallen to 18%, the lowest level since 1982. Does that not show the Conservative party is the party of getting more people into work and ensuring they remain in work? What will the Government do to ensure that that continues?

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Atos staff are being asked to squeeze extra assessments into their working day, and one constituent had her assessment cancelled several times because the assessors were ill. The two things are clearly linked, so how will the Minister change the system to ensure that staff are not made ill by the job and people like my constituent can get their cash?

[Sarah Newton]

I thank the hon. Lady for her question. As part of the contract process, we ask healthcare professionals to make sure that they provide a high-quality service. Officials at the Department for Work and Pensions monitor those contracts carefully. We do not ask for extra appointments to be squeezed in.

[Alex Burghart (Brentwood and Ongar) (Con)]

A recent report by the Select Committee on Work and Pensions showed that there are massive gains to be made by deploying assistive technology to help people with disabilities into work. What are the Minister and her Department doing to extend this technology to people who need it?

[Sarah Newton]

I welcome my hon. Friend’s question. I am pleased that we have got more than 600,000 people with disabilities into work in the past four years, and assistive technology plays an incredibly important part in that. I have recently announced changes to the tech fund in the Access to Work programme, removing barriers so that people have access to assistive technology, and there is much more that we want to do.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

The loss of the protected places scheme is likely to have a devastating impact on disabled workers, particularly in my constituency, where Royal Strathclyde Blindcraft Industries employs 250 people, half of whom have a registered disability. What has the Minister done to assess the impact this move will have on disabled workers?

[Sarah Newton]

I am glad the hon. Gentleman asked that question, because this was totally misreported in The Times today; we are not going to close down any organisation at all that is supporting disabled people into work. I have been in ongoing discussions with the sector to make sure not only that we have the existing scheme, but that it is enhanced and mainstreamed into a new, improved programme.

[Mr Peter Bone (Wellingborough) (Con)]

May I ask the relevant Minister whether I have got this clear, because I thought that this understanding was given to Parliament: where someone appeals against the loss of their personal independence payment, their Motability car will not be taken away from them until the decision is made by the independent tribunal? Have I got that right?

[Sarah Newton]

I thank my hon. Friend for his question. If somebody has appealed their PIP decision, they can keep their car.

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

Unemployment in my constituency now stands at 7.1%, which represents an increase of 1,200 on this time last year. What is the Department doing to support people into decent, well-paid and secure employment?

--- Later in debate ---

[Clive Efford (Eltham) (Lab)]

My constituent was called back early for a PIP assessment, which made no reference to the fact that he has an inoperable brain tumour, which has led to his having intractable epilepsy and Parkinson’s disease. Can the Minister explain why he was recalled for an assessment?

[Sarah Newton]

I am sure the whole House will appreciate that without looking at the details of the hon. Gentleman’s constituent’s case, it is impossible to do that. As I have explained, the process is designed to treat people with compassion, accurately looking at the medical evidence that it is presented, alongside their assessment of their conditions.

[James Cartlidge (South Suffolk) (Con)]

My hon. Friend the pensions Minister is doing a lot of work on auto-enrolment for the self-employed. Has he looked specifically at the so-called worker category, in which a person might do their self-employed work for one large firm that could, with willing and regulatory help, roll them into its employee scheme?

[Colleen Fletcher (Coventry North East) (Lab)]

The latest quarterly figures show that in Coventry, 81% of PIP, 76% of ESA, 83% of income support and 100% of jobseeker’s allowance appeals heard by Her Majesty’s Courts and Tribunals Service were decided in favour of the appellant. Does the Minister accept that the high proportion of successful appeals highlights the flawed nature of the DWP’s decision-making processes?

[Sarah Newton]

It is really important to put all those numbers in context. Let us be absolutely clear: we want to make sure that we make the right decision the first time and we are working really hard to make sure that that is the case. We have recently recruited 150 presenting officers, who now work in the courts, providing invaluable feedback so that we can improve the situation.

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

I recently had the privilege of attending a Disability Confident event in Ayrshire. What more can the Government do to encourage or incentivise employers to invest in disabled young talent?

[Sarah Newton]

I am grateful to my hon. Friend for leading a Disability Confident event. Disability Confident is growing from strength to strength. The most recent numbers show that more than 6,500 employers have signed up. Of the largest companies in the country, more than a quarter of the workforce is covered. Each year, we see more people with disabilities go into work. We are utterly determined to close the disability employment gap and get a million more people with disabilities into work.

[Several hon. Members rose—]

[Ms Angela Eagle (Wallasey) (Lab)]

My constituent of working age suffered two strokes and has now been diagnosed as suffering from vascular dementia. He has been found to be fit for work, even though he has major problems with his short-term memory. He will have to appeal the decision and faces a wait of up to 30 weeks before he gets any kind of hearing or has his benefit restored. How can this possibly be a system that is working or acceptable?

[Sarah Newton]

I would of course be more than happy to meet the hon. Lady to go through the specifics of that case.

[Stephen Lloyd (Eastbourne) (LD)]

On a point of order, Mr Speaker.

Universal Credit and Terminal Illness

Sarah Newton Excerpts

Wednesday 9th May 2018 Commons Chamber

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

I thank the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) for securing this debate on an incredibly important subject, and I praise the hon. Member for Motherwell and Wishaw (Marion Fellows)—I hope that I can call her my friend, because we were both Tuesday Whips for some time and we enjoyed our time together—for her bravery in speaking this evening at what is a terrible time for her, as it would be for anyone of us facing terminal illness. There will be no one in the House who has not had a member of their family or someone that they know receive the devastating news that their life is coming to an end. It is difficult for us to hear, and we all must do our best to treat everybody with the sensitivity, empathy, respect and dignity that has been requested this evening.

I want to reassure hon. Members that staff in the Department for Work and Pensions really do their utmost to support claimants and their families during this difficult period. The Department has significant experience in dealing with the legacy benefits system, and a lot of that learning has been transferred to universal credit.

[Drew Hendry]

rose—

[Sarah Newton]

The hon. Gentleman has asked me to respond to a lot of questions, which I really want to do, and we have very little time left this evening, so let me say from the outset that I am happy to meet him face to face to go through anything that I have not covered to his satisfaction this evening. It is great that he has set up an all-party parliamentary group. I have worked directly with those stakeholders and charities myself, and I would be happy to meet him in his role as the chairman of the APPG to go through some of the issues. Inevitably, in the time left tonight, I am not going to be able to cover everything that I would like to cover.

I want to emphasise that, once we understand that someone has a terminal illness, we do not want them to have to fill in lots of different forms. We want them to be able to concentrate on what really matters to them in the time that they have left. I know from this debate and others that the hon. Gentleman has raised concerns about the DS1500, so it is important that I explain a little about the process to the House. Claimants and healthcare professionals use the form—it is not a claim form; it is a form—to tell us about a terminal condition. It is not mandatory for claimants to complete the form. It is an opportunity for them to tell us about their condition, and it helps us to ensure, as soon as we know that they are terminally ill, that we can waive all the requirements that are usually associated with universal credit relating to conversations with work coaches about employment. All that is waived. Right from that moment, there is a fast-track system. Once we receive the DS1500, people are immediately entitled to those benefits.

The hon. Gentleman mentioned a lack of clarity in the DWP’s handling of these issues. He has raised this matter before, and we took it really seriously. We updated the guidance—a copy was put in the Library in February—to ensure that all the medical professionals and people in the DWP understand the processes, so that people can be fast-tracked.

[Dr Whitford]

Will the Minister give way?

[Sarah Newton]

I am not going to give way, because I only have a couple of minutes left and every moment I give way means that I cannot answer the questions that I have been asked. However, I sincerely want to carry on this conversation. I will answer as many questions as I can tonight, but I know that Madam Deputy Speaker will ask me to sit down shortly. We can carry on the conversation, however.

There was a conversation this evening about the definition of terminal illness. Our definition of someone who is terminally ill is that they have a progressive disease and a life expectancy of six months or less. We understand that this is not an exact science, and there is much debate among medical professionals about this. We do not ask claimants to give us evidence of their life expectancy, so terminally ill claimants may well remain on benefits for longer than six months. For example, with personal independence payments, around 40% of terminally ill claimants remain on benefits for longer than a year. We take a pragmatic, person-centred approach to these decisions. These rules were first introduced in 1990. We have regular conversations with the medical profession, and we want to ensure that people are given an absolute guarantee of the financial support that they and their families need and that their claims are handled swiftly to reduce the burden on individuals.

Having listened to the medical profession, we understand that six months strikes about the right balance between providing the support that people need and confidence in the prognosis, because the longer the prognosis, the less likely it is to be accurate. Making the period longer than six months would therefore make the diagnosis, and potentially the conversation between doctor and patient, that much more difficult. The Department works very closely with doctors and clinicians, and we are always looking for ways to improve the experience for any of our claimants and for any of our benefits.

We know that people need support with the DS1500 form. Our staff can offer support and we have consent arrangements in place so that third parties—excellent organisations such as Macmillan—can work directly with us. We have visiting services so that someone can go to a patient’s home to go through this, and the Department has well-established appointeeship arrangements for people who are unable to manage their own affairs.

With regard to how universal credit works in this situation, as soon as we know that someone is terminally ill, they will receive an additional £318.76 a month in their universal credit entitlement, paid from day one, and there are no work-related requirements at all.

I am out of time and have not been able to address all the work that we have been doing, listening carefully to our partners and making sure that the interface between universal credit and the legacy benefits of employment and support allowance and personal independence payment runs as smoothly as possible. It is incredibly important that we listen and learn and make improvements, so that this tragic situation that people find themselves in is dealt with as sensitively and swiftly as possible. I am absolutely determined to do that and will be very pleased to meet the hon. Gentleman and the all-party parliamentary group to go through their questions in more detail and provide further information and assurances.

Question put and agreed to.