Welfare Reform Bill

Debate between Stephen Lloyd and Margaret Curran

Wednesday 15th June 2011 Commons Chamber

[Margaret Curran]

If I made that mistake, I am very grateful for the opportunity to correct it. We are talking about the mobility component of DLA, which will be transferred to PIP. I will come on to broader concerns about PIP later, but I thank the hon. Gentleman.

I was talking about how the Government are addressing the issue of overlap and introducing a review. I assume that part of their concern is the need for greater consistency in how funding for people who live in residential care is arranged. I put it to the Minister directly that if there needs to be greater consistency in how the transport and wider mobility needs of residents are addressed, she should issue the appropriate guidelines to care homes. Whatever she chooses to do to address the matter, it is plainly wrong and irresponsible to make victims of the residents themselves by the blanket withdrawal of a benefit to which they are legitimately entitled.

The core of the argument, which should determine how we vote today, is that the power in clause 83 is necessary only if the Government want to remove payments solely on the basis that someone lives in a residential care home. If that is not the aim, we need to change the Bill.

[Stephen Lloyd (Eastbourne) (LD)]

On that point, does the hon. Lady agree that under article 20 of the UN convention on the rights of persons with disabilities, on personal mobility, and article 31 of the UN convention on the rights of the child, removing the mobility component from children in residential homes may amount to a breach of the UK’s obligations in human rights conventions?

[Margaret Curran]

That is a very interesting observation, and I thank the hon. Gentleman for drawing it to the House’s attention. I know that he takes a great interest in these matters. That point gives us even more reason to argue that Members should support the amendments—they would avoid any problem of that nature.

When the Minister is not talking about “overlap” in an attempt to address the problem in question, she is talking about the need for a review. It was promised that the review, first announced earlier this year, would look into the provision of DLA mobility to those in residential care homes, which I know offered some succour to Members who were concerned about the matter. Labour Members were mildly optimistic that that was a signal that the Government were undertaking a rethink, as we know they are prepared to do when the time is right. However, we have been sadly disappointed. Although a review was launched, it has no time scale, there are no terms of reference, no review group has been established and there is no involvement for disabled people. No wonder people are confused about where the policy stands.

I remind the House that at Prime Minister’s questions on 23 March, the Prime Minister offered the Leader of the Opposition an opportunity to contribute to the review. I do not think that possibility actually exists. Have the terms of reference of the review been made public? No. Will the findings be published? No. This is not a review, it is, as the hon. Member for North Antrim (Ian Paisley) said, a delaying tactic to cover up a deeply flawed policy. In my wilder moments I thought it was perhaps an appeasement of some Liberal Democrat Members, because we know that their party conference overwhelmingly passed a resolution condemning the policy. The Liberal Democrats in Committee disappeared when the matter was voted on. They are here today, so I hope they will join us and help to defeat this particularly pernicious part of the Bill. I appeal to them to make their presence felt today in a way that they did not in Committee.

--- Later in debate ---

[Margaret Curran]

I acknowledge that many disabled people and disability organisations are extremely concerned about that, given the Government’s track record on this. We cannot underestimate or brush aside the level of anxiety of many people in this country about the reform of DLA. Many people find incredibly stressful and worrying the prospect of having to go through a new face-to-face assessment to prove their disability, despite it being abundantly clear, in order to receive help.

It is the Government’s job to assure disabled people that the introduction of PIPs—I know that the Minister tries to do this—will not mean the end of financial support for disabled people. Given the Minister’s efforts on that, I plead with the Government to go that extra mile to assure disabled people that the process is about meaningful reform of an important benefit, rather than an attempt to remove it from those whom they can get away with removing it from. One way the Government can do that is by ensuring that the most severely disabled members of our society do not face needless upheaval and uncertainty over the future of support following the introduction of PIPs.

[Stephen Lloyd]

I understand where the hon. Lady is coming from, but does she agree that the Government have made good progress by bringing in Professor Harrington to ensure that the test—which, to be honest, we inherited from the previous Government—is improved?

[Margaret Curran]

That test was introduced for the work capability assessment and the application of employment and support allowance, as the hon. Gentleman knows. Of course I acknowledge that the Minister is working with disabled people to try to ensure that the test is as effective as it can be, but I have to tell the hon. Gentleman and the Minister that most disabled people are saying that they are not satisfied. I do not think that reassurances have been given that the test is right yet. None the less, what I am talking about in this debate is automatic entitlement, which is a different issue. Even if the test were perfect, which would be very hard to achieve—we are very far from that—putting people through needless assessments, all at a cost, would still not be worth it when they are clearly disabled. Retaining automatic entitlement for severely disabled people would be a small step, but would enable the Government to send out an important signal to show that they are listening and that they get some of this. The big cry coming from disabled people is that there has been no shift from the Government and no signals, and that they do not get it.

Amendment 60, which is our final amendment in the group, would ensure that the process of reassessment will result in an orderly, careful and efficient transition for working-age claimants. As I have said before, we need to keep in mind the scale of the exercise that the Government are proposing to undertake. We are talking about reassessing 1.8 million working-age people on DLA in the space of just three years. To meet that goal, the Government would need to reassess—I can assure my hon. Friend the Member for Islington North that I do have the figures for this—roughly 600,000 people, which is 11,500 people a week or more than 2,000 a day. That is the scale of the process that disabled people will have to go through.

Given the scale and depth of concern about this issue, our amendment 60 proposes that checks and balances be written into the Bill to ensure that lessons are learnt as reform develops—we have tried to learn some of those lessons ourselves—and that the teething problems of assessment are addressed and disabled people have the confidence that reform will work for them. Amendment 60 would embrace this opportunity to send out a clear message that we will learn from mistakes in the system and iron out anomalies in the assessment before we start to assess some of the most vulnerable people currently receiving DLA, by ensuring that only new applicants are assessed first. That is what the safeguard would do. Amendment 60 is fair and proportionate. We are not saying that reassessment is wrong; we are simply saying that it needs to be done properly and carefully, and that it should be phased, with the Secretary of State playing a key role in the process to ensure clear scrutiny and accountability.

The amendments would ensure that the personal independence payment was a fairer, more effective and workable reform. As I set out in my introductory remarks, the Opposition support reform and the principles of reform; however, the Government have wasted a significant opportunity to introduce such reform. If the universal credit penalises families of disabled children by halving the support available to them; penalises severely disabled people who live alone by neglecting to replicate the severe disability premium or the personal independence payment; penalises disabled people in residential care homes by removing their DLA mobility component; penalises disabled people by making them wait six months before they receive the support that they need; and creates uncertainty and needless anxiety for the most disabled people in our society by removing their automatic entitlement to the new benefit, is it any wonder that we are opposed to this Bill?