Department for Education

Debate between Stephen Lloyd and Maria Eagle

Tuesday 26th February 2019 Commons Chamber

[Maria Eagle (Garston and Halewood) (Lab)]

I would like to begin by congratulating my hon. Friend the Member for High Peak (Ruth George) on the way in which she opened the debate. The context set out for us by the Chair of the Work and Pensions Committee, my right hon. Friend the Member for Birkenhead (Frank Field), of the cuts since 2010 should be borne in mind during the debate. The House of Commons Library estimates cuts of £37 billion to working-age social security since 2010 and £4.8 billion to disability benefits.

I want to talk about a couple of cases, one of which relates to decision making in personal independence payment cases. I was interested that the hon. Member for Bexhill and Battle (Huw Merriman) raised the issue of PIP being a bit of a problem. I have seen numerous instances of very poor-quality decision making in PIP cases, particularly when people are migrated from DLA to PIP. These are people with multiple and severe disabilities, often with lifetime awards under DLA, with fluctuating yet deteriorating conditions and usually with the higher rate mobility component entitling them to a Motability vehicle, but they simply lose that when assessed for PIP and consequently lose their cars and their mobility—the one thing that makes their lives a little easier.

In a recent written answer, the Government admitted that 44%, or a staggering 157,740 people, who were previously getting the higher rate mobility component under DLA had been reassessed and lost their eligibility to the equivalent rate. No doubt some people’s entitlement has been raised—I accept that—but a lot of disabled people have lost their access to a vehicle and had their lives upturned and made much harder, often wrongly. These decisions, many of which are perverse, have come to my advice surgery. They are inevitably overturned when they finally get to an appeal, but that takes months. When they do get to appeal, 70% of cases are overturned, and people get their higher rate mobility back.

[Stephen Lloyd (Eastbourne) (Ind)]

People do not get any of that additional money during the months that they have to wait for an appeal. The Government say, “Yes, but if you do win the appeal, you get the money back,” but for people who are short of money and on the breadline, this can mean many months of lost income.

[Maria Eagle]

The hon. Gentleman is correct. For people waiting, it may as well be never. The Courts and Tribunals Service tells me that on Merseyside the average waiting time for an appeal is 38 to 42 weeks—10 months.

I have a constituent whose mother came to me in despair for help. She is a young woman of 29 years but has serious and worsening immune conditions, which are baffling her doctors and causing her health to deteriorate. She has so many conditions, and I will not go through them all, but she can hardly walk at the best of times and sometimes is in a much worse state. She often has to visit four different hospitals, sometimes with two or three appointments a week, and has been using a Motability car to do so. However, she does not have her Motability car any more because it has been taken away. She had a lifetime award of higher rate mobility under DLA, but when she was migrated to PIP, she was only awarded the lower rate. She appealed for a tribunal hearing last May and is yet to receive a date for it. She was recently told that she is likely to have to wait another six months, but my office is trying to get that hearing expedited.

The young woman’s mother came to see me because the car had to be returned and the first trip to hospital without it cost the family £17.50 one way. Her parents are low-paid workers and cannot afford to make such payments. The family were considering having to choose which hospital appointments to go to, which is a shocking situation. Fortunately, the Mayor of Liverpool has a hardship fund. I have referred her to that, which is now paying for the family’s taxi trips, but she should not have to rely on that kind of assistance when she is entitled to the payments; I have no doubt that she will get her car back when she finally gets an appeal heard.

I want to raise another benefits issue affecting disabled young people who have special educational needs. It is about a difference between the rules for ESA and the rules for universal credit that seriously affects a small number of young people with special educational needs. My constituent Antony Hamilton has autism and developmental co-ordination disorder. He is in receipt of PIP and has an education, health and care plan, which required him to complete two years of specialist post-16 education provision before going on to do A-levels. As a consequence, he is a bit older than the typical A-level student, and he turned 20 at the beginning of the second year of his A-level course last October. The child tax credits and child benefit his father received for him ended at that time, but he still had most of a year of full-time education to go.

Under the legacy working-age benefits, Antony could have applied for non-contributory ESA to cover the financial loss, which is £170 a week. Under universal credit, however, there is no such option. He has been told he would have to apply for universal credit, undergo a work capability assessment and be required to work or search for it, which is something he cannot do because he is in full-time education. It is Catch-22 for people like Antony. He is working hard to achieve in educational terms, but his parents are having to spend their small savings to help him to be able to finish his A-levels. The letter his father got from the DWP said:

“The Department of Work and Pensions…does not set the policy and legislation relating to UC, this is the responsibility of the UK Government.”

Will the Minister please enlighten us about who is setting this policy, and about what he is going to do to help Antony?