Disability Allowance

Tom Clarke Excerpts

Tuesday 30th November 2010 Westminster Hall

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

First, I declare an interest in the debate as the co-chair of the all-party group on learning disability. My main point concerns Government plans to remove the mobility component of the disability living allowance for disabled people who live in a residential establishment. To put that into context, it is important to establish which members of our society qualify for that benefit. The first, and by far the most common group, is where the claimant is unable—or virtually unable—to walk. The second group consists of people who are both blind and deaf. The third category comprises people with a severe mental impairment, and/or severe behavioural problems. In truth, we could not be discussing people who are more vulnerable or deserving in our communities. I understood that that was what the concept of community care was all about.

As far back as 1921, those who required it received help and support with mobility; a decade into the millennium, we are faced with confusion and fear about what the Government advocate. This House, and millions of people with disabilities, are entitled to expect clarity on the issue. Until today, that is exactly what we have not had.

I will give a few examples. On 10 November, my hon. Friend the Member for Easington (Grahame M. Morris) asked the Secretary of State for Work and Pensions,

“what consultation he undertook with (a) charities, (b) third sector organisations and (c) other disability organisations prior to his decision to remove the mobility component of disability living allowance for those who live in residential care homes.”—[Official Report, 10 November 2010; Vol. 518, c. 343W.]

On 16 November, my hon. Friend the Member for Aberdeen South (Miss Begg) stated:

“The comprehensive spending review contained a proposal to cut the mobility element of the disability living allowance for those in residential care. Why did the Government make that decision—because it was fair or to reduce the fiscal deficit?”

The Chancellor replied:

“We sought to identify the savings that we thought were most justified. As far as I understand it—although I am happy to be corrected—the DLA changes have been supported by the Opposition.”—[Official Report, 16 November 2010; Vol. 518, c. 740.]

I will attempt to resist the temptation to make political capital, and I apologise if I seem to be doing so. Point scoring is not what disabled people in my constituency want to hear. They want to know the facts and receive clarification on their position and future.

On 22 November, my hon. Friend the Member for Motherwell and Wishaw (Mr Roy) said:

“Of all the proposals on welfare reform, this is absolutely the most brutal and cruel…What will the Minister do when she has to meet a disabled person in one of those homes face to face, and how will she explain why she is taking away their much-needed lifeline to the outside world?”—[Official Report, 22 November 2010; Vol. 519, c. 6.]

It is important to remember that that lifeline gives disabled people access to a freedom pass, a blue badge or a disabled person’s railcard, as well as to the Motability scheme and other important items.

[Peter Bottomley (Worthing West) (Con)]

I declare an interest because my constituency contains one of the good Leonard Cheshire homes, which I visited on Saturday. I tabled six questions yesterday, which the Minister will probably be able to see tomorrow. They cover the same kind of ground. Is it not right—rather, is it not accurate but wrong—that someone who currently receives the higher element of mobility allowance and who goes on two journeys, perhaps with the home’s van at a perfectly reasonable cost of 60p per mile, will have exhausted the lower limit and will not be able to make any further journeys? The Government must find a way to ensure that the mobility allowance is still available to those who need and use it. Through the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke) I invite the Minister to visit one of the Leonard Cheshire homes and speak to those who are affected.

[Mr Clarke]

The hon. Gentleman makes his point well. My hon. Friend the Member for Motherwell and Wishaw asked how people would react, particularly if faced by the Minister. At the weekend, I took his advice and travelled around as many residential homes in my constituency as the heavy snow permitted. I can reliably inform the Chamber that people in residential homes are terrified about the removal of the mobility component of their DLA, and they have urged me to make the strongest representations on their behalf. I have no doubt that the same is true for other hon. Members from all parties.

[Mr Andrew Smith (Oxford East) (Lab)]

I congratulate my right hon. Friend on securing this enormously important debate. On the point about impact, will this move not hit all the harder because we are talking about some of the most vulnerable people, many of whom are on very low incomes? It will remove a substantial portion of their real disposable income. How can anybody possibly justify that?

[Mr Clarke]

My right hon. Friend is absolutely right and speaks with the authority of a proactive constituency MP and as a former Secretary of State for Work and Pensions.

Further supporting my allegation of a lack of clarity, an interesting question was raised by my hon. Friend the Member for Aberdeen South on 22 November. I do not go over these questions just for the sake of repetition. She asked:

“Will the Minister take this opportunity to clarify exactly who will lose the mobility element of their DLA?...Will there be exemptions, or will everyone in residential care lose the mobility element of their DLA?”—[Official Report, 22 November 2010; Vol. 519, c. 6.]

As we would expect, Front-Bench Opposition spokespeople have tried to clear up Government ambiguity. My hon. Friend the Member for Glasgow East (Margaret Curran) asked whether the Government can guarantee

“that there will be ‘no losers’ as a result of this policy?”—[Official Report, 22 November 2010; Vol. 519, c. 7.]

There has been far too much obfuscation on the issue. It is too important a matter for vulnerable people to be left in the dark about how they will be affected. I genuinely thought that the days of “out of sight, out of mind” were long since past.

[David Simpson (Upper Bann) (DUP)]

I congratulate the right hon. Gentleman on securing this valuable debate. I also declare an interest because there are a number of residential homes in my constituency. Last week I met with some residents, and there is major concern about the loss of the mobility allowance. Does the right hon. Gentleman agree that if that component is removed, despite what we hear from the coalition Government about giving independence to people who are disabled, such a measure will effectively make people prisoners in their residential homes? The lifeline that they have wanted and have had for a long time will be taken away.

[Mr Clarke]

The hon. Gentleman is absolutely right. Like other hon. Members, I have received a huge amount of correspondence making the point that he just raised.

In order to seek clarity, I will turn to the question put to the Prime Minister last Wednesday by my hon. Friend the Member for Glasgow North East (Mr Bain). He asked:

“How can he possibly justify this cruel cut of either £18.95 per week or £49.85 per week to some of the most decent people who have paid their taxes all their lives?”—[Official Report, 24 November 2010; Vol. 519, c. 264-265.]

To my complete dismay, the Prime Minister chose to trivialise his response. I say that because I had expected him to show greater sensitivity towards people with disabilities. In fact, he served as an office-bearer in the all-party group on learning disability and his input then was regarded as positive and welcome. I hope that the Prime Minister will think again.

In any event, the shadow Secretary of State for Work and Pensions, my right hon. Friend the Member for Paisley and Renfrewshire South (Mr Alexander), put the Opposition’s position beyond doubt when he said following Prime Minister’s questions:

“The Prime Minister, after a word in his ear from his Chancellor, got it flat wrong today.

He was asked about his own government’s plans to cut mobility support for people in care homes but confused it with separate reforms…But when the Chancellor went back in his Spending Review and scrapped mobility support for people in care homes, we are clear that goes too far and is a punitive measure that could leave people in care homes more isolated.”

That clarifies the Opposition’s position on the matter, but my hon. Friend the Member for Glasgow East may want to add to it; I shall welcome what she has to say later. It is in complete contrast to what the coalition has said. We are calling for clarity.

[Richard Fuller (Bedford) (Con)]

The right hon. Gentleman is making some good points, but on the issue of clarity, will he help those of us who are perhaps not as learned as him on this topic? Is there an underlying issue that different amounts of the mobility allowance go to people who are disabled based on their route into the care home? Will he provide clarity on that?

--- Later in debate ---

[Mr Clarke]

The hon. Gentleman will know that there are benefits at the moment—we all hope that they will continue—for people who live in care homes, as there are for people who live in their own homes. There are two approaches to the matter. I think that that is the answer that he seeks.

On the question of clarification, the coalition has been unclear and ambiguous, which is one of the reasons why I called for the debate. I genuinely hope that by the end of our discussions today, the Minister will have left us in no doubt that people with disabilities will not be left isolated, as so many fear, because they live in a residential home.

What has caused the current uproar—there is certainly uproar in my constituency—among people with disabilities and disability organisations? Many have been in touch with me as their Member of Parliament, and I am sure that other hon. Members have shared the same experience. I think that the uproar is based on two things. The first is the Government’s proposal as we understand it so far. The Treasury estimates that 58,000 people who live in care homes will be affected by what is an outrageous decision. What would the cuts mean in reality to individual people?

Patricia King drew my attention to the case of Doug Paulley, a 32-year-old wheelchair user and campaigner for disability rights. Doug was diagnosed 14 years ago with a degenerative neurological disorder and now lives in a residential home in Yorkshire with 17 others aged 20 and above. Already they are allowed to keep a personal allowance of only £22.30 from their benefits, or £20 from any earnings, with the rest going to offset the cost of their local authority care. Those sums cannot provide or cover clothes, phone bills, stationery, personal items and so much more. Their only other income is the mobility element of up to nearly £48 a week, which Doug described as a “quality of life-saver”. That is a disabled person speaking for himself and others.

[Ian Paisley (North Antrim) (DUP)]

Does the right hon. Gentleman agree that there appears to be a lack of appreciation of the number of people who would be affected by a cut in this budget if that were to come about? In Northern Ireland, it is 10% of the population—about 182,000 people. In my constituency, the proportion is higher—about 12%, or 16,000 people. There appears to be a lack of recognition that this is not about people who are fraudulent or feckless or who fear work, but about people who are incapacitated and cannot work and therefore must be supported.

[Mr Clarke]

Again, the hon. Gentleman is absolutely right. He will know far better than I do what is happening in Northern Ireland, but one of the persons whom I quoted earlier comes from the Province and I know that there are very severe difficulties there, too.

So what are we saying as we ask these questions, seek more information and express the views that we know disabled people living in residential care and their carers hold? We are simply saying this. While disabled people who live at home are to keep the mobility component of their benefits, and that is as it should be, it cannot be right, it cannot be fair and it certainly cannot be equitable for 58,000 disabled people in residential care to be hammered with a 69% cut in overall benefits.

Let us hear what care homes themselves are saying. The chief executive of Norwood, a fairly large, third sector provider for people with learning disabilities, wrote this to me:

“I am delighted that you are able to draw this matter to the House’s attention as it is certainly an issue that appears to have been so far unclearly presented. We provide residential Care Homes for 250 people whose needs are profound or complex in nature…they therefore require additional support for their daily requirements.

The mobility component of the DLA is given only to those people whose mobility is severely impaired. As such it enables them to access day opportunities, shops, leisure pursuits, holidays (often requiring special transport), all things that more able-bodied people take for granted.

To remove this allowance would be extremely regressive.

Surely the solution is straightforward…the mobility component remains to ensure that the people who need it are not penalised. LAs”—

local authorities—are

“instructed never to include this in their fees and the mobility component remains intact.”

[Kate Green (Stretford and Urmston) (Lab)]

My right hon. Friend rightly highlights the need sometimes for special transport for people who are in receipt of this component. Does he agree that they have very considerable difficulty accessing mainstream transport, which may be ill equipped to meet their needs and which may also mean that they encounter hostile public and staff attitudes, and that therefore it is particularly important that they can fund transport that does adequately meet their requirements?

[Mr Clarke]

Transport is vital to the quality of life of the vast majority of disabled people, but particularly those living in residential care. My hon. Friend makes her point very well.

I come now to the views of organisations of and for disabled people. It must be well known to right hon. and hon. Members that they have been virtually unanimous in their response. For example, Scope says:

“Disabled people are particularly vulnerable to cuts in services and benefits. They are disproportionately reliant on health, social care, housing and transport services, and also, as a result of low employment rates and the additional costs associated with living with an impairment, more likely to live in poverty and/or rely on benefits for a large proportion of their incomes.”

[Mr William Bain (Glasgow North East) (Lab)]

Given the extent and the nature of my right hon. Friend’s campaigning on behalf of disabled people over almost three decades in this House, when he speaks it is always sensible for Governments to listen. On his point about Scope, I remind him of the information it has given to Members on the kinds of activities that will be put at risk by the loss of the mobility component. They include access to work and volunteering; access to friends and family; community activities, health care services and leisure activities, such as swimming, shopping and even going to the cinema; and the ability to maintain relationships with a partner. How does my right hon. Friend imagine that any Government could justify this savage cut?

[Mr Clarke]

My hon. Friend, who has added substantially to the quality of debate in the House on these matters, asks the kind of question that people are asking, including, I am sure, people in his constituency. I know that he will always tell it like it is.

I was dealing with organisations of and for disabled people, and so I turn to Mencap:

“Mencap believes the government have misunderstood how disabled people use this important benefit. Without this vital lifeline, many disabled people in care will lose much of their independence, be unable to take part in many community activities and have fewer opportunities to meet with friends and family. Mencap is concerned that by removing this benefit many disabled people who live in residential care…will be unable to lead fulfilling and independent lives.”

Sense says:

“The Government’s initial justification for this decision, was that the situation of people in residential care homes is the same as those in hospital. This is a totally incorrect assessment; residential care settings are individuals’ homes and they should expect to be able to access their families and local communities. Yet Sense’s experience as a provider of residential services to deafblind people is that in the vast majority of cases, local authorities will take the DLA mobility component into account when deciding on funding levels.”

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the right hon. Gentleman share my concern that, when local authority budgets and the voluntary sector organisations that provide transport services for disabled people are under pressure, this is the worst possible time for the mobility component of the DLA to be withdrawn? Doing so will increase the institutionalisation and isolation of disabled people, instead of promoting their integration and inclusion in communities.

[Mr Clarke]

If I may say so, that is an excellent point. The plain and simple fact is that we all know in our hearts that our local authorities are under tremendous pressure. We know that they are facing cuts and difficult decisions, and unfortunately, in too many cases the result is that provision of social services and disability care does not always get the priority needed and required. There is not a shred of evidence from the local government organisations in England—or no doubt from Northern Ireland, and certainly none from the Convention of Scottish Local Authorities—that local authorities will be in a position to pick up the bill if the Government remove the money from those living in residential care. We are facing a crisis, both for local government and for disabled people.

Finally, there are many relevant organisations to which I could refer, and I apologise to those I have not mentioned this morning due to time constraints. I want to end with Parkinson’s UK:

“The Government compares this decision with the removal of the mobility component from hospital inpatients. But the two situations are very different. Hospital stays tend to be relatively short, and patients are often not in a position to make good use of the benefit. By contrast, many people live long and active lives in residential care homes.”

[Ian Swales (Redcar) (LD)]

Does the right hon. Gentleman agree that the issue is about not only the elderly, but young people who could be facing their whole lives in residential care? In my constituency, 25-year-old Katherine, who lives in the local Leonard Cheshire home, is devastated that she will be unable to go to the cinema or have outings with her parents and so on. Does the right hon. Gentleman agree that we need to recognise that this is not like hospital short stays at all?

[Mr Clarke]

The hon. Gentleman makes his point extremely well. All the evidence of which I am aware supports precisely what he has to say.

I am acutely aware that this week marks the 40th anniversary of the Chronically Sick and Disabled Persons Act 1970—the first legislation of its kind. I am much more comfortable and at ease with the vision outlined by my then colleague, Labour MP Alf Morris, than with the menu of cuts advocated by this coalition Government. Forty years ago, we reached out to people who were marginalised by their disability. As Alf Morris said:

“I would choose a society in which there is genuine compassion for the very sick and the disabled; where understanding is unostentatious and sincere; where needs come before means; where, if years cannot be added to the lives of the chronically sick, at least life can be added to their years; where the mobility of disabled people is restricted only by the bounds of technical progress and discovery, and where no person has cause to be ill at ease because of their disability.”—[Official Report, 5 December 1969; Vol. 792, c. 1863.]

I agree wholeheartedly with Alf, and I plead with the Government to think again.