Independent Living Fund

Sarah Newton Excerpts

Tuesday 9th January 2018 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mrs Main, and I appreciate that reminder.

I welcome the debate secured this afternoon by the hon. Member for Wrexham (Ian C. Lucas). It is important, and I agree with him: although I have been in the House seven years, and obviously we legislate for a lot of changes, we do not spend enough time going back over them to see whether they delivered on our good intentions. It is important to scrutinise, debate and revisit what we have done. There are of course always lessons to be learned, and we should do that—learn the lessons as we go forward. I welcome the contributions made by the hon. Members for North Ayrshire and Arran (Patricia Gibson), for Battersea (Marsha De Cordova) and for Strangford (Jim Shannon). I can clearly see that they and other Members who intervened in the debate deeply share my commitment to disabled people, and that they want to ensure they can play as full as possible a part in society. They spoke passionately about their constituents and people who have benefitted from the independent living fund.

From the outset I want to assure everyone present for the debate that the Government are absolutely committing to provide the right support for disabled people so that they can live independently. I want to address the detailed points that were raised, but it is important to take up the challenge set by the hon. Member for Wrexham to look back and explain the reasons for deciding to close the fund in the first place. It is clear to me, looking back at what my predecessors aimed to do, that the decision was driven by a clear case for reform, rather than any desire to cut costs. The way disabled people are supported to live independent lives has changed significantly in the past 20 years, so the ILF model was becoming increasingly outdated. There have been significant changes to the social care landscape over the period, which have meant that mainstream provision now offers the type of control and choice that we have heard about this afternoon. That is far more available in mainstream provision than it was at the time when people thought we needed an independent living fund because those services, and that support, were not available.

I do not think it was right that the ILF was a discretionary fund. As with any discretionary fund, that inevitably led to quite a lot of inequity; people with similar disabilities did not get equal access to services. I was proud to be a member of the Bill Committee on the Care Act 2014, which I remind hon. Members secured all-party support. It was recognised as a huge, significant reform to social care—probably the most significant for 60 years. It was clear that the Act was intended to promote greater independence as well as to increase disabled people’s control over their care and support. It incorporated and built on many of the features of the ILF. Of course, importantly, the Act introduced national eligibility criteria for access to adult social care. That was no longer discretionary, with people having to apply to a fund and others deciding how it should be spent. Criteria were nationally set. Local authorities have a statutory responsibility to deliver on it, but of course they have discretion to do more. We have heard examples from Scotland. Wales takes a different approach, and local authorities throughout the country can innovate. They can join up with other services, such as supported housing, and there are huge opportunities to innovate and join up services.

The Care Act 2014 established not only eligibility criteria but standards. Like any hon. Member present this afternoon, when I work with my constituents we are interested in the quality of care. It is important to focus on that, and not always just on the amount of money, although funding is of course important. The Act brought in consistency in eligibility and in quality of care, and that was a huge step in the right direction.

When responsibility for the ILF was transferred to local authorities and devolved Administrations, of course it was very much part of the Government’s thinking on supporting the principles of localism. Local bodies are accountable to local people in their areas, and are best placed to make the decisions about how to support people. Just like other Members, I get frustrated and even angry with the local authority in my area when it does not prioritise the most vulnerable people. I do not shrink from the fact that because of the financial situation that we inherited in 2010 there have had to be cuts to local authority budgets, but they still have substantial amounts of money. They have to make choices, and when anyone asks me I am clear that they should prioritise the most vulnerable.

We have heard comments this afternoon about the legality of what the Government are doing, and that in some way we are in breach of our obligations under the Equalities Act 2010. I wish to respond to that and emphasise that the Government’s decision to close the independent living fund was challenged in a judicial review, and throughout the process the DWP won on all points. It was judged that the consultation was fair and that it had paid due regard and proper attention to the public sector equality duty. At appeal we were directed to prepare a new equality analysis, which we did, and that informed the decision to transfer funding and responsibility to local authorities in England and the devolved Administrations in Scotland and Wales. That was announced in March 2014, and it was all put in place at the time of the transfer.

At that time, a huge amount of support was given to local authorities and the devolved Administrations, which people very much welcomed. The ILF was fully funded when it was transferred to local authorities, and the Government guaranteed funding for former ILF users until at least 2020. The funding forecasts used to calculate local authority grants were based on the ILF’s own models. That was an independent body—a charity—and the forecasts were based on its models. The budget for the final year of the ILF was £262 million, and in England £363 million was transferred in two years following the closure of the scheme. A further £498 million will be transferred to local authorities between now and 2020, to cover ongoing local authority payments to former ILF recipients. Funding per person has been maintained, and that is what matters to individuals.

As has been said, the funding was not ring-fenced, because I firmly believe that local councils are better placed than central Government to take decisions about their own area, including how they spend their budget. Any attempt to dictate the terms of the transfer would have frustrated the aim of enabling local authorities to join up services that they often already provide to disabled people in their communities.

[Ian C. Lucas]

The Minister said that funding to individuals has been maintained. How does she know that when she does not keep records of the amounts paid by local authorities to individual recipients?

[Sarah Newton]

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

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

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

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

[Marsha De Cordova]

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

[Mrs Anne Main (in the Chair)]

Order. This is an intervention, not a speech. The Minister is replying to the debate.

[Sarah Newton]

As I said, we are spending more than £7 billion more than in 2010, and the changes we have made to the personal independence payment mean that more people are now eligible for support. People with conditions such as multiple sclerosis and those with variable conditions are now eligible, as are people with mental health problems. We have widened the range of people with health conditions and disabilities who can apply for the personal independence payment.

[Ross Thomson (Aberdeen South) (Con)]

Does the Minister agree that there is a stark difference between perception and reality, and that while some may use that perception for partisan reasons and to play politics, the reality on the ground is that the Government are supporting those who are disabled to live fulfilled and full lives, and helping them to gain choice and control over how their support is delivered?

[Sarah Newton]

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

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

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

[Marsha De Cordova]

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

[Sarah Newton]

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

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

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

Oral Answers to Questions

Sarah Newton Excerpts

Monday 18th December 2017 Commons Chamber

[Liz Twist (Blaydon) (Lab)]

4. What steps his Department is taking to respond to and implement the recommendations in the concluding observations of the UN Committee on the Rights of Persons with Disabilities, published on 3 October 2017.

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

We are committed to improving the lives of disabled people, both in the UK and through our international development work, and we are constructively considering the UN’s recommendations going forward. We intend to provide an update to the UN next summer, as requested.

[Liz Twist]

The UN report specifically called on the Government to repeal the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 and to ensure that eligibility criteria in assessments to access PIP, employment and support allowance and universal credit are in line with the human rights model of disability. Will the Minister commit to that today?

[Sarah Newton]

We are absolutely committed to disabled people. We are world leaders in disability rights. We were disappointed that the UN did not consider all the information that we provided, and we strongly rebut much of what it had to say. I am sure that the hon. Lady will join me in welcoming the excellent work on reviewing PIP that was published today by Paul Gray, which sets out a whole series of reforms showing that this Government are determined to ensure that we have a benefit system that really supports disabled people.

[Justin Tomlinson (North Swindon) (Con)]

Not only did the report seemingly fail to recognise that we now spend a record £50 billion on supporting people with disabilities and long-term health conditions, but it also failed to recognise the proactive work with charities and stakeholder groups that helps to shape policies. Will the Minister reconfirm her commitment to that proactive engagement?

[Sarah Newton]

I thank my hon. Friend for his question. I absolutely confirm that I will work with disabled people and organisations that work with disabled people. I pay tribute to the excellent work that my hon. Friend did when he held my position. I am sure that we will continue to build on the work that he did and will ensure that more disabled people have the opportunity to fulfil their full potential in our society.

[Frank Field (Birkenhead) (Lab)]

Will the Minister please consider a root and branch reform of PIP? Someone who came to Feeding Birkenhead was doubly incontinent due to cancer, but she received a nil rating for PIP. While she needed food, she also needed nappies. When she did not turn up after a few days, people went to see how she was, and she was washing babies’ nappies, because she wanted to get about and was too ashamed to come and ask us for more. Is there not something wrong with PIP assessments when those sorts of cases occur?

[Sarah Newton]

I thank the right hon. Gentleman for raising this very sad case. Clearly something went wrong in that individual case. I look forward to answering questions and spending time with his Select Committee later this week. I point him to the response to Paul Gray’s evaluation of PIP that I published today. I am sure we will have more time to look at that in detail, but we remain utterly committed to making sure that we continue to improve PIP.

[Lucy Frazer (South East Cambridgeshire) (Con)]

At my surgery last week I met Frances, who has cerebral palsy. She made an application to the clinical commissioning group to get e-motion wheels for her wheelchair, which has been denied. Does the Minister agree that ensuring that people have the equipment to enable them to go to work is incredibly important and increases their self-esteem and their ability to contribute to the economy?

[Sarah Newton]

My hon. and learned Friend raises an important point. Of course, PIP is a benefit that is available to people in work and out of work, and it is there to support everyone with the additional costs of their disability. Of course, mobility is really important. There is also the excellent Access to Work scheme, which each year is funding more people, enabling them to play their full part in society, including at work.

[Chris Elmore (Ogmore) (Lab)]

5. What assessment he has made of trends in the number of in-work households living in poverty.

--- Later in debate ---

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

8. Whether his Department has set a target for the time taken for a personal independence payment claim to be processed from application to decision.

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

The DWP does not set a target for processing PIP claims. The Department takes all reasonable steps to obtain evidence of claimants’ individual needs, including independent assessment. We make decisions as quickly as possible based on the available information in order to reach the right outcome. I am sure that my right hon. Friend will be pleased to know, as I was, that the median time from start to end is currently 13 weeks.

[Sir Desmond Swayne]

Notwithstanding further appeal by the Department, will the Minister restore benefits after a successful first-tier decision for the applicant?

[Sarah Newton]

My right hon. Friend raises a very important question, but the Department takes the view that, because we are appealing the decision and it is based on an error of law, that really would not be appropriate. I just want to reassure him and all hon. Members that there are always exceptions, and this could arise where a suspension would cause financial hardship. For most benefits, this is considered before suspension is imposed, but, in all cases, the suspension letter sent to claimants invites them to contact the Department immediately if they are in financial hardship so that we can help them.

[Lilian Greenwood (Nottingham South) (Lab)]

Sixty five per cent of PIP tribunals find in favour of the claimant, meaning that hundreds of disabled people are being denied the support to which they are entitled. This puts an intolerable strain on whole families, including my constituents Chris and Cathryn Stoney who, having coped with Cathryn’s bowel cancer surgeries, brain haemorrhage and cardiac arrest, now face a further ordeal appealing against an unjust assessment. Will the Minister agree to meet me, the Stoneys and Nottingham advice services to hear how the system is failing disabled people?

[Sarah Newton]

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

[Marsha De Cordova (Battersea) (Lab)]

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

[Sarah Newton]

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

[Stephen Pound (Ealing North) (Lab)]

9. What estimate his Department has made of the number of sanctions that will be applied each month as universal credit is rolled out.

--- Later in debate ---

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

11. What assessment his Department has made of the effect of the personal independence payments application process on people with mental health issues.

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

The claiming process for personal independence payment was co-produced with disabled people, carers and organisations supporting them, including mental health charities. We will continue to explore opportunities to monitor and improve the process, making use of customer testing and engagement with disability groups.

[Jeff Smith]

The charity, Rethink Mental Illness, surveyed PIP claimants, and found that two in five felt that delays in decisions led to deterioration in their mental health, and that one in five had to take higher doses of medication to cope with the increased stress. Does the Minister think that that is acceptable, and will she look at the findings of the survey and review the assessment process in the light of them?

[Sarah Newton]

I pay tribute to Rethink and its campaign—I have read the findings of its survey with interest—as well as to Mind. These organisations are key stakeholders that help the Department to get these things right. No, I do not want people to be stressed by the process, which is why we are implementing a wide range of reforms that we have worked on with our stakeholders. We will make a paper-based decision wherever possible—wherever the information enables us to—and people also have the opportunity to be assessed at home.

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

Constituents and support agencies in North West Durham have told me that the assessment to determine entitlement to PIP is too black and white, and is not able truly to capture a person’s day-to-day life with all the nuances that involves, especially when assessing mental health problems. This is leading to traumatic and humiliating experiences, and claims being refused to people who really need them. Will the Minister please look into this process in detail for those with mental health problems?

[Sarah Newton]

I thank the hon. Lady for her comment. We keep the process under constant review, and we have it independently assessed to make sure that, if there are any problems at all, we will work to overcome them. However, I can assure her that, compared with the previous benefit—disability living allowance—many more PIP recipients with mental health conditions are getting the enhanced rates.

[Mary Creagh (Wakefield) (Lab)]

12. What recent assessment he has made of the (a) accuracy and (b) efficiency of contracted-out health assessments for (i) employment and support allowance and (ii) personal independence payments.

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

We are committed to ensuring that claimants receive high-quality, accurate assessments. We monitor assessment quality through independent audit. Decision makers can return reports for rework or additional advice. A range of measures, including provider improvement plans, address performance failings when we experience standards below what we want. We continually look to improve the assessment process.

[Mary Creagh]

Forty people in Wakefield have written to me with their concerns that, at their employment and support allowance or PIP assessment, they were not seen by an appropriate person. That includes one person with mental health problems, who was assessed by a paramedic. The Work and Pensions Committee recently heard that Atos and Capita employ only four doctors between them, and statistics released by the Minister’s Department today show that those contractors have consistently failed to meet their targets for the number of unacceptable assessments, so how can sick and disabled people in Wakefield have any confidence in the assessment process?

[Sarah Newton]

I am looking forward to discussing this matter in more depth with the Select Committee when I come before it on Wednesday. However, I can absolutely assure the hon. Lady that all the assessors receive absolutely appropriate training for what they are there to do. These are functional assessments, and people are properly trained to make those assessments—there are doctors, nurses, paramedics and physiotherapists. We constantly keep the accuracy of the process under review, and that includes the experience of the claimants themselves.

[Mr Speaker]

We are immensely grateful to the Minister.

--- Later in debate ---

[Laura Smith (Crewe and Nantwich) (Lab)]

T5. Some 68% of personal independence payment decisions taken to tribunal are being overturned by judges, so is it any surprise that my constituent Mr Parish and others in his situation have no faith in the assessment process? What assessment has the Secretary of State made of the accuracy of PIP assessments in the light of statistics that show that there has been a ninefold increase in complaints to the Department in just one year?

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

I thank the hon. Lady for the opportunity to make this clarification. As I have mentioned before, 8% of decisions are taken to appeal, and only half of those are upheld. I appreciate that every one of those people is disappointed with the result, and we are working tirelessly to improve the process. But, overall, most people get a good decision on time, and their benefits.

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

On Friday, I visited my local jobcentre and saw the genuine enthusiasm that work coaches have for the new universal credit system. Will my hon. Friend confirm that additional help is available for users who are not too tech savvy?

--- Later in debate ---

[Naz Shah (Bradford West) (Lab)]

T6. A constituent of mine in Bradford West had three same-day assessments cancelled in a period of five weeks. Eventually, she got an appointment—a home visit—after seven months. What assessment has the Department made of same-day cancellations of work capability assessments by Maximus-employed health professionals—the number, the reasons given and the impact on the mental health of applicants?

[Sarah Newton]

I assure the hon. Lady that we have a very robust quality assurance process. Clearly, the case she has highlighted today is unacceptable. If she would like to bring me that case and discuss it with me, I would be very happy to do so.

[Steve Double (St Austell and Newquay) (Con)]

Every year, billions of pounds of taxpayers’ money is lost due to fraud or errors in benefit claims. Will the Secretary of State say whether the introduction of universal credit will improve this situation?

Personal Independence Payment

Sarah Newton Excerpts

Monday 18th December 2017 Written Statements

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

Later today, I will publish Command Paper 9540 “Government’s response to the Second Independent Review of the Personal Independence Payment (PIP) Assessment”. The review was carried out by Paul Gray and published on 30 March 2017.

Alongside this, the Department is publishing interim findings from wave 2 of the PIP claimant survey which focuses on the assessment and decision stages of the PIP claim, and seeks claimants’ feedback and experiences of these.

The response outlines my Department’s intentions in relation to the recommendations suggested by Paul Gray in his second independent review. It also provides an update of the actions my Department has taken against the recommendations identified in the first independent review.

My Department has accepted or partially accepted all of the recommendations in the latest review.

PIP is a modern benefit, which can be flexible and responsive to change, where we identify improvements to be made. While this completes the legal obligation to review the implementation of PIP, 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.

This response will be laid before Parliament and made available on the www.gov.uk website.

[HCWS358]

Work Capability Assessments

Sarah Newton Excerpts

Wednesday 13th December 2017 Westminster Hall

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

It is a great pleasure to serve under your chairmanship, Ms McDonagh. I very much welcome this afternoon’s debate, and congratulate my hon. Friend the Member for Glasgow East (David Linden)—I hope I can call him that—on the manner in which he introduced it. Making sure that the most vulnerable people in our society have the support that they need must be something that rises above all party politics. I appreciate the contributions from so many Members today: 11 speakers, with 16 interventions. That shows how important this issue is to Members of all parties across the House.

Today’s debate is also very timely. Only last week, we published our response to the Green Paper consultation proposals for reform in “Improving Lives: the Future of Work, Health and Disability”. I will not have time today to give detailed responses to all the points that have been raised, but if hon. Members were to read that response they would see that many of their ideas for improving the work capability assessment are reflected in the plans we have set out. We have set out a very ambitious programme of testing and learning to make sure that we get this right. I will of course write to Members if I have not been able to address their individual concerns.

We have heard passionate contributions from Members who have rightly talked about their constituents’ experiences. I am a constituency MP first and foremost, as is every Minister. I have had similarly harrowing experiences with my constituents and I have listened to their concerns about the process. I assure hon. Members that I am as motivated as them to make sure the process is as good as it can possibly be. I invite them to send me the individual cases they talked about today so I can take a closer look at them and respond fully.

I have had a month in my new role. After dealing with a number of colleagues who have spoken to me and reading the correspondence I have received, I think it is important that I set up a series of meetings about PIP and ESA so Members and their caseworkers can meet me and the officials in my Department. It will be a kind of teach-in. We will listen to their concerns, explain the improvements we are putting in place and communicate the support that is available. That series of meetings, which will be available to all Members of Parliament, will start in January.

[Jim Shannon]

Will the Minister give way?

[Sarah Newton]

I will not—I have very little time. I can of course follow up the hon. Gentleman’s point after the debate.

The timing of the debate is important for another reason. I welcome the fact that the Work and Pensions Committee is doing an inquiry into ESA and PIP assessments. I assure hon. Members that I will not only participate in that inquiry—I look forward to going along to the Committee next week—but pay attention to its findings and consider them. It is clear from this debate that we are all committed to ensuring that people with health conditions and disabilities have the right support.

In the past couple of weeks, I have visited assessment centres that are undertaking work capability and PIP assessments, and I have seen NHS doctors, nurses and health professionals bring their professionalism and compassion to their work. They are the same people we could meet if we go to an appointment to see a GP or are treated in our local hospital. I have seen compassion and professionalism in the assessments, but I accept that there are improvements to make. We can always do a lot more.

Returning to some of the fundamental points that hon. Members made, it is right that our system focuses on what people can do, not on what they cannot do. We embrace the social model of disability. We want to break down barriers to work and ensure that people can truly reach their full potential in our society and in work, because we know that good work is good for health. I have met many people who would be considered severely disabled, and they tell me that they want an opportunity to participate in society and to work. In my few short weeks as a Minister, I have already seen inspirational work in our NHS and among providers of support for people with disabilities that enables people to have a role in our society. People who have been cast aside, rejected and put on the scrap heap for the past 30 years are now being supported into work.

I am pleased to see the Under-Secretary of State for Health, my hon. Friend the Member for Thurrock (Jackie Doyle-Price), with whom I work in partnership in the Department of Health, here today. We visited a fantastic project run by a mental health trust in London. The doctors said, “We had written off these patients. We never thought that somebody with such a severe mental health problem would ever work, but we have changed our minds because of the programmes we have been putting in place in our hospitals.” We have to focus on listening, learning and developing our systems so that more people like those my hon. Friend and I saw last week have an opportunity to play their full part in society.

Of course, some people are too poorly to work, much as they would like to do so. Every year, the Government spend more money on disability benefits and benefits for people with heath conditions, and it is clearly set out in our spending that we will continue to do so. We are spending more than £50 billion—more than the defence budget—on such benefits, so the idea that we are cutting support to people, as many hon. Members said, is simply wrong.

Any financial support system has to go through a process of evaluation to ensure we get the right support for the right person, and it must be individually based. My vision is very clear: each person is an individual, and no two people are the same. People who on paper have the same medical reports for the same condition will have very different prospects and will be able to do different things. The system must be tailor-made to support them. That is what we are doing in our future strategy, which we set up last week.

Labour introduced the work capability assessment in 2008, and we all agreed that it was not good enough and was not fit for purpose. Since then, it has been under constant review, and we have made more than 100 recommendations. Whenever we find good new ideas to improve it, we implement them. We regularly engage with disabled people and stakeholder groups to ensure that we listen, learn and make improvements. Probably the most significant improvements have been in mental health. Work capability and PIP assessors, and frontline staff in the DWP—the people in the jobcentres and those who make decisions about benefits—have all undertaken mental health training to ensure they are sensitive to the needs of people with mental health conditions.

There is a person behind every statistic, so I am leery about using statistics, but I cannot allow some of the misinformation we have heard today to remain unchallenged. We undertake 1 million ESA assessments every year. Since April, 8% have been appealed and only 4% have been upheld. I know there is a person behind every statistic, and I know the impact that that can have on people, but it is not fair to say that, in the majority of cases, the system does not work. In the majority of cases, it does work.

[Neil Gray]

Will the Minister give way?

[Sarah Newton]

I want to answer the points that have been raised.

We are not satisfied with the appeal rate. That is not a “good enough for me” measurement of the process. I am interested in the experience of the individual claimant and their journey through the process. Independent customer satisfaction surveys are undertaken, and the latest shows an 83% highly satisfied or satisfied rate. I am not going to be satisfied until it is 100% of claimants, but hon. Members have indicated that everybody is having the most terrible experience, which is simply not the case.

I am not complacent, and I want to highlight some of the improvements that are under way. We have representative groups that include charities and disabled people, and we are always looking at what more we can do with the forms and the process. Videos are going to be put up on our contractors’ websites so that, before people go along to the assessments, they have got information about what to expect, what they can bring with them and the people they can bring along to support them so they are not scared. I do not want anybody to be terrified about going to the assessments. We are doing a lot of work with healthcare professionals to ensure that they have continuous improvement. We are particularly focusing on mental health.

I am sorry that I have not been able to address all the concerns that were raised. As I say, I will write to hon. Members, and I am taking careful note of the Work and Pensions Committee’s work. I agree with everyone that we want a system that treats people with respect and dignity, gives them the personal, tailor-made service that they richly deserve, and enables them to play a full part in our society.

Question put and agreed to.

Resolved,

That this House has considered work capability assessments.

Oral Answers to Questions

Sarah Newton Excerpts

Monday 13th November 2017 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

12. What assessment he has made of the effect of changes to employment and support allowance work-related activity group payments on claimant poverty.

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

There are no cash losers among those in receipt of employment and support allowance and the universal credit equivalent prior to April 2017, including those who temporarily leave ESA to try out work and then return. Since April, new claimants who are capable of preparing for work receive a rate of benefits on a par with jobseeker’s allowance.

[Deidre Brock]

I welcome the Minister to her place. Changes to benefits are actually resulting in huge cuts to the money that people with disabilities have to live on. The ESA cut was touted by the Government as a way to remove perverse incentives and encourage people into work. However, does the Minister agree that starvation does not encourage anyone into work and that cutting off funding to people in need does not help to end that need? Will she commit to reversing these invidious cuts?

[Sarah Newton]

There are no cuts for people on those benefits. Let me be absolutely clear about that. Since April 2017, people who are able to work receive a personal support package. We have already recruited 300 new disability employment advisers, and we have allocated £15 million to the flexible support fund. We are doing absolutely everything that we can to ensure that people who are able to make the journey back to work have the support that they need.

[Peter Grant]

I might have a bit more faith in the Minister’s comments if one of her colleagues had not recently stood in exactly the same place and said, “There is no austerity.” Is the Minister aware that the Scottish Government estimate that between 7,000 and 10,000 people in my constituency and elsewhere in Scotland stand to lose the work-related activity component of the allowances? That is a cut in income that people cannot afford. Will she undertake to speak to the Chancellor ahead of his Budget as a matter of urgency and ask him to reverse the cuts and stop punishing the poor and the disabled for this Government’s economic failures?

[Sarah Newton]

Let me be absolutely clear about what we are trying to achieve here. Many people in Scotland and across our country who are recovering from health conditions or who have disabilities really want to work. We are doing everything that we can to provide them with tailored support, so that they can work and that they can play the full part in society that they want to play and that we want to enable them to do.

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

Despite record employment, only one in every 100 people in the ESA work-related activity group leaves the benefit system each month. Will the Minister tell us what more she and the Department are doing to help those people into work?

[Sarah Newton]

My hon. Friend is quite right to point out the unfair discrimination against people with disabilities in this country who really want to make a contribution to society and who really do want to work. We are doing everything we can, including working with employers through the Disability Confident campaign and providing people seeking employment with the tailor-made support that they need to play their full part in society.

[Geraint Davies (Swansea West) (Lab/Co-op)]

8. What steps his Department is taking to respond to and implement the recommendations in the concluding observations of the UN Committee on the Rights of Persons with Disabilities, published on 3 October 2017.

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

The UK continues to be a global leader in disability rights, and we are committed to further improving and progressively implementing the convention. We are considering the committee’s recommendations and will provide an update on the progress that we are making in the next year, as requested by the UN.

[Geraint Davies]

The UN found that UK cuts disproportionately hit people with disabilities and fundamentally, systematically and gravely undermine their human rights, so will the Minister ensure today that personal independence payment, employment and support allowance and universal credit are all brought into line with the UN conventions on fundamental human rights, so that people are treated fairly and with dignity, instead of with discrimination and cruelty?

[Sarah Newton]

This country has a proud record of treating people fairly, and we will continue to uphold those proud principles. Of course we are considering the report, and as I have said, we will publish our findings. To put this in context, of the G7 only Germany spends more money supporting people with disabilities and long-term conditions. We spend 2.5% of GDP, which is 6% of all Government spending. That is £50 billion a year.

[Andrew Bridgen (North West Leicestershire) (Con)]

Will the Minister confirm that anyone in receipt of disability benefits, such as PIP or disability living allowance, is exempt from the benefits cap?

[Sarah Newton]

I can give my hon. Friend a very simple answer: yes.

[John Grogan (Keighley) (Lab)]

9. What proportion of people with Parkinson’s disease who were receiving disability living allowance were not granted a personal independence payment.

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

Up to October 2016, 7% had been disallowed personal independence payment, but 45% of claimants with Parkinson’s disease actually receive a higher award under PIP than they did previously.

[John Grogan]

Would it not save a lot of time, money and distress if all those on the higher rate of disability living allowance with degenerative diseases such as Parkinson’s were transferred automatically on to personal independence payment? How many people with Parkinson’s are currently in the “no review” category?

[Sarah Newton]

It is absolutely right that we get PIP right for everybody with a disability, including those with degenerative diseases such as Parkinson’s. It is absolutely right to notice, as my right hon. Friend the Secretary of State did earlier, that considering that more than 2.6 million PIP assessments have been made, less than 1% have resulted in a complaint. Most of the time, this benefit is got right the first time. Of course, we work tirelessly, including with our stakeholders and voluntary sector organisations, to make improvements.

[Victoria Prentis (Banbury) (Con)]

10. What steps his Department has taken to ensure that people do not face financial difficulties while waiting for their first universal credit payment.

--- Later in debate ---

[Mr Laurence Robertson (Tewkesbury) (Con)]

T6. The Minister will know that motor neurone disease is a degenerative disease, so may I ask what plans the Government have to ensure that people who suffer from that terrible disease do not have to be re-assessed for personal independence payments?

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

I thank my hon. Friend for that very important question. The length of an award is based on an individual’s circumstances: it can vary from an award of nine months to an ongoing award involving a light-touch review at the 10-year point. It is very unlikely that somebody he describes would have another face-to face assessment with a healthcare professional.

[Alex Cunningham (Stockton North) (Lab)]

We all know that the Government are bogged down in all manner of ways and that they have been slow to develop secondary legislation for several new Acts, but will Ministers tell the House when they will bring forward regulations to enact defined contribution and give pension savers the opportunity of the vastly increased benefits of those schemes that was predicted this week by the Pensions Policy Institute and Schroders?

Social Security and Pensions (Statutory Instruments)

Sarah Newton Excerpts

Monday 9th February 2015 Commons Chamber

[Steve Webb]

I know that my hon. Friend listens to nothing other than podcasts of “More or Less”. When Tim Harford was interviewed on the “Today” programme recently, he was asked what his favourite statistic was. The nation waited, agog to hear his reply. He said it was the CPI. So when the BBC’s go-to guy for statistical rigour and reliability was asked to choose from a multiplicity of official statistics, he homed in on the CPI as the epitome of a good statistic. We therefore make no apology for using it.

The national statistician, Sir Andrew Dilnot, commissioned Paul Johnson, the director of the Institute for Fiscal Studies, to carry out a review of price indices. This year, we had four to choose from: RPI, RPIJ, CPIH and CPI. We have opted for CPI. The right hon. Gentleman is seeking to imply that we should use RPI, perhaps because it is bigger, but it is interesting to note what Paul Johnson said about RPI, to which the Opposition are still wedded—or at least they were, the last time I heard. Paul Johnson’s recommendation was:

“ONS and the UK Statistics Authority should re-state its position that the RPI is a flawed statistical measure of inflation which should not be used for new purposes”.

He went on to state:

“Government and regulators should work towards ending the use of the RPI as soon as practicable.”

He made it absolutely clear that RPI was flawed and that we should restate that fact, which I am happy to do. He thought that RPIJ should probably be discontinued and that CPIH needed some methodological work to get it right. So CPI is the only credible index available to us. If the right hon. Gentleman implies in his response that we should use something else, I would like to know his basis. We believe the price index should be chosen on the basis not of whether it is high or low, but whether it is accurate. That has been the policy of this Government.

[Sarah Newton (Truro and Falmouth) (Con)]

Does the Minister agree that through these tough times it is important that carers and people with disabilities are given the maximum—the CPI—increase to their benefits? Is that not the fair thing to do?

[Steve Webb]

My hon. Friend is right; when we made difficult decisions about the general level of uprating, we made sure that the benefits for people with disabilities—the disability living allowance, personal independence payment and so on—were excluded from the 1% cap, and they will get 1.2% next April. It is worth saying, although I have not referred to it yet, that we base our April uprating on the previous September’s index, which was 1.2%. She will know that since then inflation has tumbled, with it being 0.5% in the latest figures published. I do not have a crystal ball and I have not seen the figures that will be published next week, but some are speculating that inflation could be closer to zero or even negative. In that context, making sure that people on disability benefits get last year’s inflation rate will, we hope, given that petrol and food prices are now falling, improve their real standard of living. So I am grateful to my hon. Friend for her intervention.

At a time when the nation’s finances remain under pressure, this Government will be spending an extra £2.5 billion in 2015-16; continuing to help support those who are not currently in work by increasing the main rates of working age benefits by 1%, and ensuring that pensions, and benefits designed to help with the additional costs of disability, are protected against the cost of living. Let me give the breakdown: about £2 billion more on state pensions, including an above-inflation increase for the basic state pension; £300 million more on disabled people and their carers; and nearly £200 million more on people unable to work because of sickness or unemployment.

In these orders, we continue to maintain our commitment to the triple lock—I would like that to be written into the law of the land in the new Parliament—meaning the basic state pension will be at its highest level as a percentage of average earnings for two decades; we continue to protect our poorest pensioners with an over-indexation of the standard minimum guarantee, so they too will feel the benefit of the triple lock; and we continue to protect the benefits that reflect the additional costs that disabled people face. On that basis, I commend these orders to the House.

Post Office Card Account

Sarah Newton Excerpts

Tuesday 16th December 2014 Commons Chamber

[Steve Webb]

I will take what I can get: I am grateful to the hon. Gentleman for his enthusiastic response. The 3,760 POCA holders in his constituency, as of last year, will welcome this announcement. On the issue of post office locals, each proprietor has to think what works in their premises, but I am advised by a normally reliable source—the Minister with responsibility for postal services—that queuing times are falling in the local model.

[Sarah Newton (Truro and Falmouth) (Con)]

I really welcome today’s statement about real investment in this vital public service—our local post offices. May we have a bit more information on how soon POCA customers who do not already have a basic bank account will be able to pay their bills by direct debit and therefore secure the best deals on their utility bills?

[Steve Webb]

There is a real tension between an account that is easy to open—limited identity checks; designed for people with poor credit histories—and an account that is sophisticated and transactional, and we feel that basic bank accounts offer a bridge between those two accounts. I was delighted by yesterday’s announcement by my Treasury colleague, the Economic Secretary: one of the things putting people off basic bank accounts is getting hammered with fees, say if a direct debit fails or something like that, and the fact that those fees are no longer in place is an important step forward for people making the transition to more regular sorts of accounts.

Affordable Homes Bill

Sarah Newton Excerpts

Friday 5th September 2014 Commons Chamber

[Andrew George]

I acknowledge that it is different. I do not wish to be taken down a cul-de-sac of an argument, but regulations that were not retrospective in a sector that is characterised by six-month shorthold tenancies were not going to be non-retrospective for very long.

[Sarah Newton (Truro and Falmouth) (Con)]

There is not a person on the Government Benches who does not care as much as the hon. Gentleman for vulnerable people. There is no doubt that there are huge pressures on housing in Cornwall, but the evidence shows that Cornwall council is using its discretionary housing allowance to help the most vulnerable people in our society. In fact, it has not even spent all the money that is available to help the very same people whom he and I care about, so I really cannot accept that people with disabilities and people who absolutely need help are not able to get it.

[Andrew George]

I am grateful to my hon. Friend for that intervention, because it gives me the opportunity to say that the discretionary housing payment allowance to local authorities is helpful, and it is clearly important given the way in which the Government introduced these regulations. However, the rules attached to it make it extremely difficult to apply it willy-nilly for anyone who says, “I don’t like this tax—could you please just cover it for me?” It does not apply in that way, and it is wrong to imply that it does.

Some Conservative Members are saying that they really care about this sector, so let us look back at the DNA of the Conservative party and the last time we had the opportunity to look at the state’s relationship to under-occupation of property. My hon. Friend will understand this from a Cornish perspective. She will remember that the last time the Conservatives held power on their own, they introduced a 50% council tax rate for second homes. That represented the state spending hundreds of millions of pounds of taxpayers’ money every year to enable the wealthy to own second homes, when thousands of families in constituencies such as mine could not afford their first. There was not just under-occupation but un-occupation of properties that were essential to local communities. I hope that the Conservatives have moved on from that policy and, as a result of their association with the Liberal Democrats, have been prepared to moderate their line in relation to the application of public money and under-occupation.

--- Later in debate ---

[Andrew George]

I am grateful to my hon. Friend for making that point for me very articulately.

[Sarah Newton]

Will the hon. Gentleman give way?

[Andrew George]

I am aware of the time. The hon. Lady has already had an intervention, and rather a long one.

--- Later in debate ---

[Mr Raynsford]

I immediately withdraw my comment if that is the case. I was working from the Library briefing dated 3 September—so it is very recent—which indicates that no such commitment has been given. I apologise if that is not the case, but I was speaking in good faith on the basis of the latest available Library briefing.

Thirdly, we come to the last and most far-reaching exemption. Clause 2(1)(c) exempts tenants from liability to the bedroom tax when neither their landlord nor the local authority, in cases where they are not council tenants,

“has made a reasonable offer of alternative accommodation.”

That addresses the appalling unfairness by which tenants who cannot move into smaller accommodation because their landlord or the local authority does not have sufficient homes to provide that option still end up having their benefit cut.

The DWP’s own evaluation admits that in the first six months of the bedroom tax, only 4.5% of affected tenants were able to downsize. Even though the figure subsequently rose to 19%, the DWP still confirmed that social landlords

“had not yet been able to accommodate most of those who wanted to move to a smaller home”.

On those figures, we know that less than 10% of those who are affected and who want to move are able to do so because of a lack of alternative accommodation.

It is a common-sense amendment to stop penalising people who have no opportunity to move into smaller accommodation and so avoid the impact of the bedroom tax. It is a long overdue amendment and, once again, a far better safeguard than the hope of getting discretionary housing payment.

[Sarah Newton]

I am finding the right hon. Gentleman’s comments deeply offensive. The social landlords to whom I spoke this summer, when I was finding evidence of what is happening under this policy, treat their tenants with respect, dignity and compassion. The professional housing officers, who do such a difficult job so well, use discretionary housing allowance and the powers that they have to ensure that tenants are treated well. I urge the right hon. Gentleman not to be so offensive to hard-working housing officers up and down the country.

Oral Answers to Questions

Sarah Newton Excerpts

Monday 1st September 2014 Commons Chamber

[Esther McVey]

It seems that only the Labour party is still calling for incentive schemes and guarantee schemes. Even Europe is now saying what a good job the UK is doing on youth unemployment and looking at how we are moving forward. We had a wage incentive scheme, but that has stopped because we are moving the money into other areas where it is needed more. That is the right thing to do—spending the money where it will be used most effectively and efficiently. As I said, we have had the greatest annual number of young people going into work since records began.

[Sarah Newton (Truro and Falmouth) (Con)]

14. What progress his Department has made on its Disability Confident campaign.

[The Minister of State, Department for Work and Pensions (Mr Mark Harper)]

In July last year, the Prime Minister launched the Disability Confident campaign, which sought to encourage employers to become more confident about employing disabled people. We have reached over 1,100 local and national employers throughout Great Britain, and have received more than 200 pledges from companies in their quest to have better employment outcomes for disabled people. My predecessor wrote to colleagues and I encourage them to hold Disability Confident events in their constituencies.

[Sarah Newton]

I thank the Minister for his response. May I convey to him how positive the Disability Confident events are, having joined one in my constituency this summer? Will he congratulate Pluss, a great social enterprise in my constituency that has worked with more than 500 Cornish businesses to enable more than 800 people to get into work?

DWP: Performance

Sarah Newton Excerpts

Monday 30th June 2014 Commons Chamber

[Sarah Newton (Truro and Falmouth) (Con)]

Like my hon. Friend the Member for Fareham (Mr Hoban), I have sat through most of this debate. The contribution of my hon. Friend and that of the hon. Member for Hampstead and Kilburn (Glenda Jackson) show in stark contrast how, with some notable exceptions on the Opposition Benches, the two sides of the House approach the vital issue of welfare reform. There can be no one in the House who does not want to live in a country that provides a safety net for people who cannot work—for people who, through no fault of their own, find themselves in difficulties and need the support of their fellow citizens. That unites the House; it does not divide us.

However, when we move on to how we deliver a fair welfare state that not only looks after the most vulnerable people in our society, but enables everyone to be the best that they can be, there is a gap far greater than those few feet separating the Government and the Opposition Benches. What we have heard from Opposition Members this evening is unfettered ideology. What we have heard from Government Members, by contrast with the Opposition’s cynical party political scaremongering, are practical examples and pragmatic approaches to what we are going to do to enable people of working age who can work to work, and to give them a ladder out of poverty, with a good education and employment as the essential rungs on that ladder. We believe passionately in that, and we have spent the past four years building that ladder. It will take years more to make it a sound and lasting ladder, but we have made significant progress, as we have heard this evening.

Perhaps we are finding out tonight the real heart and soul that divide the two parties here. Member after Member on the Government Benches has demonstrated the practical work that he or she is doing in their constituencies on projects with the DWP, in schools and with employers—projects that are making a difference by improving employment, driving up salaries, and increasing people’s skills and opportunities. Those are all things that Opposition Members could be doing, but we have heard little about that this evening. Even our approach to food banks is remarkably different. Colleagues on the Government Benches are engaging with their food banks, and understand that this is not just about food; it is about making sure that people who fall between the cracks in our society get all the support they need to help them turn their lives around.

It is Government Members who are rolling up their sleeves and making a positive difference, not throwing out cynical party political comments which do nothing for the people who sent us here—the people we need to be mindful of this evening. It is shameful to listen to some of the contributions this evening, which undermine the excellent work that people in businesses and in the public services are doing to get alongside the poorest and most vulnerable people in our society to make a positive difference.

As our economy grows—it will take some time before it is the sort of economy that we want it to be—and as we rebalance it so that all parts of the nation feel the benefit, I want to make sure that no one is left behind. I am sure that our Front-Bench team has the right ideas and the right character to make sure that no one is left behind. With growing prosperity in our country, every part of our country and every person will have the opportunity to be the best that they can be and to improve living standards for themselves and their family. Based on the performance that we have seen tonight, the Opposition do not have the team or the ideas to help those people get on.