Personal Independence Payments

Sheila Gilmore Excerpts

Tuesday 25th November 2014 Westminster Hall

[Sheila Gilmore (Edinburgh East) (Lab)]

I apologise for not being here at the outset, Mr Crausby. I was keen to be here, but as a member of the Select Committee on Work and Pensions, I also wanted to hear the statement on universal credit to find out whether there was anything new in it.

I find it surprising that, on the one hand, the Secretary of State takes great pride in having a safe and slow roll-out of universal credit—for the past two years, we have been told that it must be safe and slow, and consequently only 17,000 people are on it after all that time; perhaps that is the right way to do things, but it seems astonishingly slow—but on the other, the Department has presided over the roll-out of personal independence payments and, for the past year and a half, has turned the initial applicants into guinea pigs for a system that was not properly piloted or tested.

At the outset, the Select Committee was concerned that the Department’s ambitions and the speed with which it implemented the change were unrealistic. There are unresolved tensions between its desire to give people a longer and more thorough assessment than the much-criticised employment and support allowance assessments and its desire to get through a large number of people. I suspect that some of the problems encountered are due to exactly those tensions.

As a result—perhaps this is hearsay, but the Minister may have something to say about it—the number of face-to-face assessments has already been rolled back. At one point, about 85% to 90% of new applicants were given face-to-face assessments; I understand that it has fallen to 75%. That may be a good or bad thing, but it shows a lack of pre-planning. This really matters to a lot of people. Most new applicants—I will come to the reassessments in a minute—have no money to cover the particular need for which they are applying. Although the payment is backdated for successful applicants, the longer they wait, the harder it is for them.

It is important to realise how important this issue is. Although the Department has overcome its initial problems even with what are regarded as terminally ill cases, a lot of people have serious conditions that do not fit under the special rules provisions but nevertheless leave people in a difficult position. I have a constituent with motor neurone disease who was in exactly that position. Sadly, his condition developed quickly. He went from being a normal, fit, healthy young man in his late 20s to needing help to get places in only a few months.

[Alison Seabeck]

My hon. Friend speaks with a great deal of experience and knowledge. On her point about the time it takes to get a decision, like her, I have a constituent whose condition deteriorated over a long period. Although our constituents may have just scraped through to one side of the fence when the assessment was made, their conditions were much worse by the time the decision was made, and they should therefore have been assessed differently.

[Sheila Gilmore]

People in that situation find it very hard to deal with that problem.

[Jim Shannon]

That is a very interesting point. Under the old DLA system, going back two or three years, there was an enablement provision. If a person’s condition got worse, that could be taken into consideration in their application and the appeal process, but now it cannot. Does the hon. Lady feel that the Minister should respond to that point?

[Sheila Gilmore]

That is a very interesting point, and I hope the Minister will give us some details on it.

The other group who seem to suffer less from long delays are those who are undergoing reassessment. If a person asks for a reassessment because their circumstances have deteriorated, previously they would have reported that change to receive DLA, but now they must make an application for personal independence payment. They will receive DLA even if there is a long delay, but if they are entitled to a higher rate of DLA, it will not be backdated under the new system. They do not have no money during that period to help them with the needs that their disability or illness brings, but they do not benefit from the increase. If it takes six, seven or eight months for their DLA reassessment to become PIP and they are eligible for a higher reward, it will not be backdated, even if their condition has clearly deteriorated —and they would not have made the application if it had not.

If the process were working smoothly and quickly, that might not matter. Perhaps at the outset it was thought that there would be no need for backdating because the process would be quick. People would be reassessed and would get the new benefit or not, but at least they would not be waiting for months with a much worse condition. If the claiming process is to be this long permanently—I certainly hope not; the Minister can tell us if it is—perhaps he should look again at that.

I am concerned about another aspect of the way that PIP is processed: there seems to be a substantial variation across regions. I hope that the Minister is at least looking at that issue and monitoring it. I find it hard to understand why, among new claims—but not those relating to special circumstances, i.e. terminal cases—the award rate varies so much; it is as low as 25% in Ealing Southall, but it is 63% in Kilmarnock and Loudon. Perhaps Kilmarnock and Loudon residents are substantially less well, and more disabled, than those of Ealing Southall, but the disparity seems substantial.

The published statistics, the most recent of which bring us to, I think, September, show quite wide variation both in the number and proportion of cases that have reached clearance—meaning a decision, whether positive or adverse, for the claimant—and in award rates. That variation may be explicable, and not a matter for concern, but it would be helpful to know that the Department is monitoring those things and will report on them in due course. The rates will never be identical; areas differ, and there are some where endemic ill health has been a serious problem. That is why the number of people in receipt of employment and support allowance and DLA has been higher in some areas than others; I do not have a particular problem with that.

The question is why an award rate should vary so much and be so low in some places. Presumably people apply only if they have an illness or condition. They will read the forms. Unless it is suggested that in some areas an awful lot of people with no real prospect of success apply, and that that explains the low award rate, the variation seems somewhat baffling. The number of applications varies considerably, as one would expect. One of the examples I gave was Ealing Southall, where the award rate is 25%. There were 660 normal registrations there, not made under special rules. In Kilmarnock and Loudon there were 980 registrations, and in Knowsley there were 1,780 registrations, with a 52% award rate.

Our questions are not only about the length of time being taken, although that is the major issue that most of us have had to deal with. They are also about other aspects of the way the new benefit works: how it compares with the previous situation, which people perhaps do not receive an award, and what the circumstances are. Owing to the length of time being taken, it is still quite early to know how many people are successful on appeal, and to judge the efficacy of the assessment process. From my experience with constituents, it appears that the assessment process, when they get to it, evokes fewer complaints than before, although someone recently came to tell me that their assessment took only 20 minutes, after which they received an adverse decision. That person had been profoundly deaf for some considerable time, so I was slightly baffled.

I hope that in the rush to solve the problem of longer assessment periods and to speed the process up we shall not lose some of the possible advantages of the new system—a more thorough assessment process that would obviously be better for people in the longer term.

--- Later in debate ---

[Sheila Gilmore]

In the original consultation paper in 2010, one of the justifications for throwing all these things up in the air and putting many disabled and ill people through a great deal of anxiety was that too many people were getting the benefit and that PIP would be different. Some 50% of DLA claims were unsuccessful, but in some cases the award rates for PIP appear to be well in excess of 50%. That may be very good for the applicants, but it suggests that the whole thing was premised on a lack of proper research. The change has made many people extremely stressed and anxious over the past few years.

[Kate Green]

My hon. Friend puts her finger on the issue. We may be seeing some sort of cohort effect, because the cases that went through early may have been more likely to have attracted awards, or higher awards. It may be that initial departmental assumptions were simply wrong or over-optimistic about the savings that could be achieved. It may be that the situation will become even worse, because delays in processing claims and making decisions must be suppressing expenditure on the benefit. If, as the Minister intends, those delays are reduced and, hopefully, eventually eliminated, we will see the costs of the benefit increase. Whether the Government’s ambitions to reduce costs will be achieved is very uncertain. As my hon. Friend rightly says, the real problem for disabled people in that context is the huge uncertainty and anxiety. Disabled people are very uncertain about whether they will be awarded the benefit, which creates great anxiety and alarm.

I have mentioned that there appear to be additional costs for the Department due to the payment of compensation for delays. My constituent, Mr W, received £100 compensation for delays that he had suffered, yet when I asked the Minister how much such compensation payments are costing the Government overall, he told me in a written answer on 23 October that the Department does not record such information. What we do know is that spending on DLA and PIP is set to be £1.4 billion more than projected in this financial year. What is his assessment of the continuing trend in the figures? What impact will that have on the Government’s overall welfare cap? Obviously, any significant increase in expenditure will put that cap at risk.

Given the way in which we have seen costs rise, it is surprising that, in a written answer on 14 July, the Minister’s predecessor told me that the Government remain on course

“to make savings against earlier forecasts of £2.8 billion by 2017-18.”—[Official Report, 14 July 2014; Vol. 584, c. 587W.]

Given all the circumstances that we have heard about in this debate, will the Minister again confirm that expectation and tell us what the Government will do if they do not get spending back on track?

Overall, it is clear that the system is working far from smoothly. The picture for the future remains uncertain, and things remain well off course. In June, the DWP confirmed that it expected 752,000 PIP decisions in this financial year; the latest statistics show that about 37,500 decisions a month were made in the most recent months available, and about 30,000 to 40,000 claims a month were made. At that rate, it seems that the DWP will be unable to clear the backlog of 323,000 cases still awaiting a decision, yet bizarrely, the DWP apparently continues to add more areas where existing DLA claimants are being transferred to PIP, including, in the past couple of weeks, my area of Greater Manchester.

In the circumstances, adding yet more pressure to the system seems inexplicable. Claimants will be deeply worried that the Government are pressing ahead while the programme is manifestly still subject to extreme delay. It does not make sense, it is not fair and it is causing deep uncertainty and hardship to thousands of claimants. I am glad that this debate gives us time for the Minister to respond fully to the concerns that colleagues have raised, and I look forward to hearing what he has to say.

[The Minister for Disabled People (Mr Mark Harper)]

It is a great pleasure to serve under your chairmanship, Mr Crausby. I congratulate the hon. Member for Bolton South East (Yasmin Qureshi) on securing the debate and on allowing other Members to raise their concerns. She started her contribution with some general points. I will touch on them only briefly, as I want to deal with the specific cases that she mentioned and the specific points raised by other Members.

The hon. Lady made a point about judging the Government on their overall approach. I can confirm that we spend £50 billion on disability benefits. The latest unemployment statistics show that our “Disability Confident” campaign has been successful in that more than 250,000 more disabled people are in work, increasing the employment rate for disabled people. Overall, we are supporting disabled people to get back into work and participate successfully in society. However, I will not dwell on that, as I know hon. Members want to focus on the details of personal independence payments.

The hon. Lady mentioned some specific cases, which I will deal with in the order she raised them. She raised the Booth case with my predecessor on 7 July. We had made a backdated decision on that case just before she wrote to us. One point arose out of that case that I wanted to mention, because it was also raised by another hon. Member—I forget whom. The hon. Lady mentioned that the person in the case was out of work. It is worth putting on record that the personal independence payment is designed, as many hon. Members said, to deal with the extra costs of being disabled. It is not an out-of-work benefit. Those who are unable to work owing to their disability or health condition should claim either jobseeker’s allowance or employment and support allowance. Just to be clear, those are income-related benefits; PIP is not. Some hon. Members in previous debates have elided the two, although I am sure she has not done so.

[Sheila Gilmore]

Obviously, the Minister is right about the distinction between the two benefits, but many people do not get out-of-work benefits because they have a working partner or because they have run out of contributory out-of-work benefits. The extra costs of their illness or disability still apply, so the household income decreases considerably over that period. That must be borne in mind.

[Mr Harper]

I accept the hon. Lady’s point. I mentioned it because some hon. Members have raised cases in which there have been two issues: a decrease in income because someone has been out of work, and extra costs. I am simply making the point that, in those cases, it is reasonable to expect PIP to cover the extra costs, but it is not a benefit designed to deal with the fact that someone is not working.

The hon. Member for Bolton South East wrote to us about the Booth case, but I do not think she has written to us on the Pope case at this point, so I do not have the specific details. If she wants me to consider it, I am happy for her to drop me details after the debate. The third case, about which she has written to the Department, is the Syddall case. I put on record my apologies for the delays in that case. When someone has a terminal illness, which was not the case or was not known about in this instance, we obviously prioritise their claim. As the hon. Member for Stretford and Urmston (Kate Green) mentioned, my predecessor put in place those changes to the process, and we are currently dealing with cases involving people with a terminal illness in about the expected time period of 10 days. In cases such as the one raised by the hon. Member for Bolton South East, when the person does not know that they have a terminal illness and dies while awaiting a decision, we deal with the claim based on the evidence we have. Any arrears of benefit, if applicable, are paid to the estate. A decision has now been made in that specific case. It will be communicated to the family shortly, and I will write to her shortly after that to give her the full details. I hope that is helpful.