Personal Independence Payments

Teresa Pearce Excerpts

Wednesday 21st January 2015 Westminster Hall

[Teresa Pearce (Erith and Thamesmead) (Lab)]

It is a privilege to have this debate under your chairmanship, Sir Roger. I am pleased to see other Members here today to discuss such an important issue. I will try to keep the length of my speech to a minimum since I have several questions that I would like the Minister to respond to. I will start by reflecting on what a personal independence payment is and what it is meant to do.

The Welfare Reform Act 2012 legislated for the introduction of personal independence payments to replace disability living allowance. PIP is a benefit for people with long-term health conditions or impairments, whether physical, sensory, mental, cognitive, intellectual, or any combination of those. It is intended to provide support for the disabled people with the greatest needs who face the greatest challenges to remaining independent and participating fully in society.

The PIP assessment measures the impact of a person’s health condition or impairment on their ability to participate, rather than focusing solely on the health condition or the impairment itself. PIP is paid as a contribution to the extra costs that disabled people may face to help them lead full, active and independent lives. To put it more simply, it is support for people who would trade anything to have the privileges that we too often take for granted: our work choices, our life choices and our independent living. So PIP is potentially a vital mechanism to help some of the most vulnerable and disadvantaged members of our society, yet like so much of the benefit revolution, PIP’s implementation has been beset by problems and has caused additional hardship, anxiety and uncertainty to our vulnerable and disadvantaged friends.

There are key dates in the history of the implementation of PIP. From 8 April 2013, the Department for Work and Pensions started to replace disability living allowance for people aged 16 to 64 with PIP. On 8 April 2013, PIP was introduced, in a controlled start, for new claims from people living in a limited geographical area in the north-west and part of the north-east of England. On 10 June 2013, PIP was introduced for new claims for the remaining parts of Great Britain. From 28 October 2013, the DWP started to invite DLA claimants living in certain areas to claim PIP.

So how is it all going? Appearing before the Select Committee on Work and Pensions on 10 September 2014, the Minister for Disabled People said:

“It is fair to say that, yes, in terms of the delays to the assessment process it is not in good shape...I absolutely accept there is a problem; it is literally my top priority and I have been spending a lot of time working on it since I was appointed on 15 July”.

I and my fellow members of the Work and Pensions Committee were pleased to hear that the Minister had made it his top priority.

How many disabled people are being affected? Last December, the DWP published a third set of official PIP statistics. They showed that between April 2013 and October 2014 some 669,200 claims for PIP had been submitted, but only 382,000 decisions had been made. That leaves 287,200 disabled people stuck in a backlog. However, on 15 December in the other place, Lord Bourne of Aberystwyth seemed to be in denial about that figure. He said:

“My Lords, I dispute those figures. The backlog stands at 107,000 at the moment, and 65,000 claims are being processed every month.”—[Official Report, House of Lords, 15 January 2015; Vol. 758, c. 894.]

Will the Minister clarify those figures and explain why there are two different numbers? Whatever the number is, there is still a long way to go.

The figures are simply dry statistics. They do not tell us about the real-life consequences of delay. For the individual, they translate to anxiety and hardship at a time when they are at their most vulnerable and ill-equipped to cope. I have personally spoken to many constituents who have been waiting for six months—in some cases, a year—for a home assessment. They have often taken every possible step to ensure that information is submitted on time, yet they are kept in the dark about their claims. They do not know who to call. When they get through to someone, they are not given a time scale. They replace the receiver feeling as ill-informed as they were at the start, and that is unacceptable.

As MPs, we all have our postbags. I was contacted in October 2014 by the mother of a young disabled woman living in my constituency. She works part time as she cares for her daughter. Her daughter had been waiting for a home assessment since August 2013. She told me that they had been threatened with eviction because money was so tight. She was upset, desperate and scared. She said that her daughter had received no update on her application since she had called in September 2013 to check that the claim had been received.

I contacted Atos and was told that a call had been made to my constituent in May 2014 to arrange a home assessment, but the adviser was told that the constituent did not live at that address. As a result, the daughter’s case had been withdrawn and closed without her knowledge. It transpired that the Atos adviser had called the wrong number. Atos blamed the DWP, but it was the PIP office that had made a mistake when typing the number into the system. It got the wrong number and closed the case.

Such things do not happen only in my constituency. I have heard from Malcolm, who lives in Southwark and is 55. He applied for PIP in March 2014 when he was diagnosed with cancer, and he has still not had an assessment. The delays have affected his ability even to travel to and from hospital for appointments.

Bernadette lives in Wales. Her son is 15 and has autism, and he was receiving DLA. In November 2014, she had a letter from the DWP about transferring to PIP in April 2015. A home visit was set for 16 December. The son stayed off school for the day, but no assessor turned up. The visit was rearranged for 19 December. Another school day was missed and again no assessor arrived. A home visit finally happened on 23 December. Bernadette was assessed as being able to handle finances for PIP, but no date was set for the PIP assessment. She was told it would be any time within the next 12 to 18 months. Despite there having been no assessment, the January DLA payment was stopped. She was knocked out of the system, yet no PIP assessment date had been set. The family were thrown into financial difficulties and are now even worse off, because they face bank charges for being overdrawn.

It is not only MPs who are raising such issues. In December 2014, Macmillan Cancer Support stated that the system for PIP is

“riddled with delays...it remains an absolute disgrace that thousands of people with cancer have been forced to wait six months or more...to find out whether they were even eligible...A recent survey of Macmillan...advisers reveals shocking statistics: nearly a third...know of someone who has died while waiting for their benefits, almost one in two...have come across patients who cannot afford to feed themselves properly, and around three in five...say delays have left people unable to heat their homes....No one should have to face these situations simply because they have been diagnosed with cancer.”

Parkinson’s UK conducted a survey that showed that the people it supports have been waiting, on average, longer than six months for a PIP assessment. More than half report an average wait of nine months or more. According to the London-wide anti-poverty charity the Zacchaeus 2000 Trust, commonly known as Z2K, such lengthy delays have a severe impact on its clients in a number of ways. It says that almost all its PIP clients rely on state benefits as their only source of income. Because PIP is paid in arrears, claimants who do not have other sources of income experience severe impoverishment as a result of delays. Many have turned to food banks. That has a knock-on effect, because PIP often acts as a gateway to other benefits and entitlements.

Against that backdrop has come Paul Gray’s independent review of PIP assessment. In the foreword to his review, Paul Gray recognised the limitations on what he could review. He stated:

“The timing for Independent Reviews of the Personal Independence Payment...assessment...was laid down in the 2012 Welfare Reform Act. In accepting the Secretary of State’s invitation to conduct this first Review I was conscious that, with implementation being less advanced than originally planned, this is too soon to draw definitive conclusions on many aspects. The evidence is simply not yet available to do so reliably or robustly.”

That in itself is an indictment of the all-too-familiar lack of implementation. It is a good idea to review what is in legislation, but if the thing being reviewed has not been implemented properly, there is nothing to review. Paul Gray continued:

“Equally it was clear that the primary focus of early comment and attention on PIP has been the unfortunate reality of long delays and backlogs in the assessment process. These have had a major impact on many claimants for PIP so far. It is essential for remedial action to be completed and to avoid similar issues recurring in the future. I have taken it as given this will be done.”

The findings and recommendations of the review include short, medium and long-term measures and fall into three main themes: the nature of the claimant journey; the way in which further evidence is collected; and the overall effectiveness of the PIP assessment. I am interested in what the Minister has to say about the review and its recommendations and what his Department intends to do in response.

Turning to the claimant journey, there can be few MPs who have not encountered numbers of constituents who have found the claiming and reassessment process extremely stressful. Impacts can range from a lowering of self-esteem and dignity to an increase in anxiety and a worsening of mental state. It is disappointing that the review did not thoroughly address the effect of interventions, which involve reassessing people for PIP before their award has even expired. Given the significant struggles that people face to be awarded PIP in the first place, it is of some concern that some recipients are already being reassessed in such a way. Interventions place unnecessary pressure on claimants and assessment providers, who already struggle to meet demand. Interventions also suggest that the DWP does not trust the initial decision delivered by its own assessment process.

The first independent review of PIP has recognised some of the serious flaws and failures of the new system and provides the DWP with the opportunity to address those systemic failures as a matter of urgency. Integral to implementing the recommendations of the report, however, will be dealing with the backlog to ensure that all claimants are provided with the best possible service. For many people, PIP delays are causing their conditions to worsen and having an impact on the quality of their lives. That cannot continue, so where areas for improvements in the claimant journey are identified, it is vital for the DWP to respond positively.

I have nine questions for the Minister about the review recommendations. First, the review suggested that the DWP should make better use of digital technology, and that a website allowing claimants to track the progress of their claims would improve communication. Does the DWP have plans to introduce a tracking system that can be accessed by claimants?

The review stated that the

“potential for sharing information already held by the Department and across the wider public sector should be explored”

to improve the evidence-gathering process. What are the DWP’s plans to improve the additional evidence-gathering process, and what is the time scale?

Will the Minister confirm the policy intent behind interventions, and how will the Department ensure that they are not simply a repeat of the reassessment process before a claimant’s award has ended? What assessment has the DWP made of the impact of interventions on the existing backlog of PIP claims? The report stated that the Department should:

“Ensure the consistent application of existing guidance for health professionals on reliability and fluctuating conditions.”

How and when will the DWP reinforce guidance on assessing fluctuation to ensure that all assessors are adequately addressing that issue? Furthermore, how will the DWP measure assessor performance in addressing that issue?

I understand that the Government plan to publish data on clearance and waiting times from March 2015. Has the DWP set a precise date for the publication of those data? In light of the review, will the Minister confirm whether the DWP intends to proceed with the main reassessment programme in October 2015, and whether the backlog of claims will have been cleared by then? Finally, when will the DWP publish its response to the independent review?

I hope that the Minster can answer those questions, and I look forward to revisiting some of the debate a week today when he appears before the Select Committee on Work and Pensions to look at this issue.