Disability Benefits: Assessments

Debate between Wendy Chamberlain and David Linden

Monday 4th September 2023 Westminster Hall

[David Linden (Glasgow East) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Mundell. I pay tribute to the hon. Member for Carshalton and Wallington (Elliot Colburn) who opened the debate on behalf of the Petitions Committee. Elements of his speech felt like groundhog day, because the first Westminster Hall debate that I led, in 2017, was on the issue of work capability assessments. It is worrying that six years on we are still here debating the very same issues. All Members, regardless of party, know that those issues cause undue stress and misery to people across our four nations.

The British Government’s approach to disability benefit assessments is not just ineffective—the theme that has been developed today—but inhumane. Under the current regime, the application process removes the reality of people’s lived experience as the very foundation on which the system has been defined. It favours evidence provided by the assessor rather than the claimant. The system also operates on the presumption of scepticism. It is not a system that empowers its users. Instead it perpetuates a cycle of despair and frustration. That “one size fits all” approach to disability assessment is in my view not only short-sighted, but it completely disregards the reality of living with a disability or a chronic illness. Charities such as Scope have raised concerns about the process time and again, but their calls appear to be continually ignored—at huge expense to those living with a disability.

The impact of disability assessments has, unfortunately, featured significantly in my caseload since I became MP for Glasgow East in 2017. I will be honest: I am no stranger to hearing about dehumanising experiences that my constituents have endured as a result of this system. I sit week in, week out at surgeries across the east end of Glasgow in places like Baillieston, Parkhead and Easterhouse, hearing the same harrowing and sometimes traumatic experiences that people have had to endure at the hands of the disability benefits assessment process.

In most cases, and worryingly, people’s mental and physical health are only worsened by the assessment process. That leads to many further problems for the NHS through health problems, whether physical or mental, so it is counter-productive. My hon. Friend the Member for Livingston (Hannah Bardell) referred to the finding by Scope: from January to March this year, 68% of PIP appeal outcomes were changed in favour of the claimant. If such a proportion of wrong outcomes were found in any other Department, Ministers would ask serious questions. I respect the Minister, who I know takes a strong interest in this issue, but I ask him to look again at the figure of nearly 70% of appeal outcomes being overturned. That suggests that the system is fundamentally flawed.

As people continue to face the disability price tag, disabled people are also having to juggle the restricted funds available to them along with soaring food and energy prices. According to the Trussell Trust’s analysis, three quarters of people referred to its food banks reported that they or a member of their household were disabled. As disabled people are hit disproportionately by the cost of living crisis, to the tune of some £945 a month extra, it is vital that all financial support to which they are entitled is awarded. However, under the current system, that is not always the case; in many cases, it feels as if people are actively held back from the support they so desperately need.

The hon. Member for Warrington North (Charlotte Nichols) highlighted the recommendations in the Work and Pensions Committee report about the use of informal observations—a point also made by the MS Society in its briefing for the debate. Far too often, PIP assessors make inaccurate decisions based on those informal observations. Watching how someone looks or behaves during their assessment or observing someone walking from their car to the assessment centre are now used as tests of mobility. That is completely wrong and such things should not be taken into account. The Work and Pensions Committee, on which I am privileged to serve with the right hon. Member for East Ham (Sir Stephen Timms), has heard that, more often than not, those informal observations are given greater weight than medical evidence.

As others have outlined, when it comes to people with conditions such as multiple sclerosis or Parkinson’s, which fluctuate day to day and have many hidden symptoms, it is completely arbitrary for informal observations to be used to inform the assessor’s decision. The assessor’s limited understanding of complex fluctuating conditions such as MS, combined with the use of informal observations as a way of gathering evidence, results in greater emphasis being placed on the evidence provided by the assessor, rather than the lived experience of the disabled claimant. It therefore strikes me that the only purpose of asking a claimant to come for an assessment is to watch them literally walk from their car to the front door of the assessment centre, which seems utterly absurd.

As my hon. Friend the Member for Livingston made clear, when we look north of the border—this brings me to the substantive point from the hon. Member for North Swindon (Justin Tomlinson)—we can see the difference that devolution has made to how the policy has been implemented. It seems clear, not just to SNP Members but to those who work in the disability sphere, that the Scottish Government—on a cross-party basis, in fairness—are moving away from the regressive approach and becoming more committed to a process that has been designed around the lived experience of people with a disability.

Indeed, the adult disability payment from the Scottish Government is delivering an entirely new, simplified and—I would argue—far more compassionate experience for disabled people. It is a system that has been designed with the claimant, rather than against them; that is the key point that comes back when we speak to stakeholders north of the border. Putting compassion and people at the heart of the system must be the priority for any Government, regardless of their colour, so I am proud that we have taken that approach. Indeed, I am proud that Conservative Members on the Work and Pensions Committee unanimously approved its report praising the Scottish Government’s approach.

[Wendy Chamberlain]

I am a member of the Scottish Affairs Committee, which did an inquiry into welfare in Scotland, and I certainly agree that what came through strongly from stakeholders was the need for a compassionate approach. As always, however, the processes have to be properly administered. Does the hon. Gentleman accept that at the moment the reality is that waiting times for the ADP in Scotland are longer than those for PIP assessments? Does he, like me, have casework in which there have been incorrect decisions? The approach might be different, but we need to see better outcomes.

[David Linden]

Absolutely. I totally understand the hon. Lady’s point, and I am sure she will understand that a lot of the civil servants who were working on the design of the Social Security Scotland system were rightly deployed towards the covid pandemic. Ministers in the Scottish Government have acknowledged that the situation with the ADP waiting list is less than helpful. But I come back to the fundamental point on which I challenge the hon. Member for North Swindon, which is that our systems are about taking the view that the claimant is not on the make. That is the nub of the issue. With the UK Government’s system, there is a scepticism about whether the person sitting at the other end of the table is on the make or on the take, so it is about trying to find a way to catch them out. That is why there is an overturn rate of 68%, for example.

Department for Work and Pensions

Debate between Wendy Chamberlain and David Linden

Tuesday 4th July 2023 Commons Chamber

[David Linden]

The Parliamentary Private Secretary is shaking his head at that, but probably because he is so embarrassed.

The five-week wait for a first payment is needlessly pushing people into hardship. The issue could easily be fixed by implementing the Scottish National party’s proposal to turn advance payment loans into non-repayable grants after the claimant has been deemed eligible. The Trussell Trust, which I referenced earlier, has consistently shown that the five-week wait for universal credit is a key driver in the need for food banks, both during those five weeks and after the payments have started.

I want to draw attention to the young parent penalty in UC, which Ministers must end. It denies single parents under the age of 25 the same level of social security as those above that age, and it pushes those affected into real poverty. Let us not forget that when under-25s go into Aldi, Lidl, Morrisons or whatever supermarket, they do not get a discount on their shopping because they are under 25. I find that Ministers have an obsession with that.

[Wendy Chamberlain]

The hon. Gentleman has campaigned on this issue, as have I. Does he agree that the response I received from the previous Secretary of State on this point—that under-25s were treated differently because they tended to still be at home with their parents—is a pretty spurious argument and excuse from the Department?

[David Linden]

That is right. It was not unusual for the previous Secretary of State to say things which, after some scrutiny, might not make sense. The hon. Lady is right. For Ministers to hide behind the housing crisis—caused by this Tory Government—as some kind of justification for ensuring that people under 25 get less support does not stand up to scrutiny. That point was hammered home to me on Friday, when I was in Drumchapel visiting the Christians Against Poverty debt centre, to meet staff and volunteers there, to whom I pay enormous tribute for their sterling work.

According to One Parent Families Scotland, as a result of the young parent penalty, young couple parents are around £100 worse off per month than single parents, and around £65 worse off a month than over-25s. That research found that 55% of children with a mum under 25 are in relative poverty, and 49% are in absolute poverty. Let us never forget that those statistics are the result of the structural inequality put in place by intransigent Ministers. Although I certainly welcome the change whereby people on UC will now be able to claim childcare support upfront, I am afraid that does not change the fundamental issue that the amount of UC that people receive is simply not enough. Families will still be required to make up the 15% shortfall in their overall childcare costs under UC rules.

An issue that continues to come up in evidence at the Select Committee is that far too many households face destitution because of DWP rules that push them into debt through sanctions and reductions—a point made eloquently by my hon. Friend the Member for Glasgow South West (Chris Stephens). Aberlour Children’s Charity produced a report that states that half of families with children in Scotland who receive universal credit are having their incomes reduced by the DWP to cover debts to public bodies. I hope the Select Committee will be able to drill into that a bit more. It is increasingly a problem, and I am sure I am not the only MP who sees people raising it regularly at advice surgeries.

It is well established and on record that the SNP completely opposes the widespread use of sanctions, as there is clear evidence that they do not work. Indeed, evidence from the Department’s report admits that sanctions have a minimal effect on moving people into work. Instead, people who are sanctioned end up earning less than those who have not been sanctioned, or simply become economically inactive.