Universal Credit

Debate between Baroness Stedman-Scott and Lord McKenzie of Luton

Wednesday 5th September 2018 Lords Chamber

[Baroness Stedman-Scott]

I am pleased to tell the House that 80% of new claimants are paid on time and in full, and 90% of universal credit payments across the board are paid on time and in full. That is not 100%, and we need to get there. I would like to have a conservation with the noble Lord to understand exactly what he wants, and if it is possible, I will do it.

[Lord McKenzie of Luton (Lab)]

Where a claimant would be entitled to transitional protection under the migration management arrangements, what would be the effect of the rules that my noble friend outlined if a universal credit payment ceases, even if it is later revived? Would that transitional protection cease or would it continue?

[Baroness Stedman-Scott]

As I understand the transitional protection, there are ups and downs. I need to double check with officials before giving an answer that is not accurate; I have no desire to do that.

Widowed Parent’s Allowance

Debate between Baroness Stedman-Scott and Lord McKenzie of Luton

Wednesday 5th September 2018 Lords Chamber

[Baroness Stedman-Scott]

I thank my noble friend for her thoughts on this and for trying to come up with solutions, which is always helpful. I will be happy to ensure that her suggestion is shown to Ministers. I cannot promise anything, though I wish I could. I am going to give the homework back to my noble friend and ask her to prepare a paper, to make it easier for me to do that.

[Lord McKenzie of Luton (Lab)]

My Lords, we understand that this is not altogether straightforward: there are complexities within it. However, we can be clear on one point, raised by my noble friend Lady Sherlock. Though the implications of the judgment must be carefully considered, do the Government at least accept that the current position is incompatible with human rights legislation? That seems a separate and distinct issue, which the Government should have a view on now.

[Baroness Stedman-Scott]

The noble Lord, Lord McKenzie, asks an understandable question. All I can promise him is that that is being considered in the consideration of the ruling. I am sorry that I cannot say more; I have no desire to annoy him or put him off, but that is the accurate position. I am sure he will understand that.

Personal Independence Payment: Assessments

Debate between Baroness Stedman-Scott and Lord McKenzie of Luton

Tuesday 19th June 2018 Lords Chamber

[Baroness Stedman-Scott]

I completely understand the stress that people have to go through in an appeal. I heard somebody say last week that they were dreading their PIP reassessment. That is clearly unacceptable, but we are working all the time to improve the assessments to ensure that the assessors are up to the job. It is often in collecting the evidence and information at the final-stage appeal that material comes forward that has an impact on the outcome of the appeal. We have to make sure that information is available sooner rather than later.

In preparing for the Question, I also discussed health professionals being written to for clarification on matters during the appeal process. Large numbers of them do not respond, which is most unhelpful. I cannot give you numbers, but it is certainly something that I will take further with officials. The noble Baroness will know that I will meet anybody, but I am afraid that the Minister for Disabled People has got there before us and is committed to hosting a session where she and officials will take the Disability Charities Consortium through how we can improve and increase satisfaction in the process. I suggest that the noble Baroness makes sure that she has a seat at that table.

[Lord McKenzie of Luton (Lab)]

My Lords, we know that the current PIP and ESA contracts are drawing to a close. In both cases, the decision to contract out was driven by a perceived need to introduce efficient, consistent and objective tests for benefit eligibility. Given that none of the providers has ever hit the quality performance targets required and that many claimants experience a great deal of anxiety during the process, is it not time to consider whether the market is capable of delivering assessments at the required level and of rebuilding claimant trust? Does the Minister not think that these assessments are better delivered in-house? For how much longer can we allow the system to fail sick and disabled people?

[Baroness Stedman-Scott]

The noble Lord raises very valid points; he is right to raise them. Extending the contracts does not mean accepting past poor performance—in fact, the DWP Select Committee accepted the extensions as the correct thing to do—but there is a need for stability to support continued improvement. Just to disband those contracts would certainly not give us that stability. We have to work with suppliers to ensure that they build on progress during any extension. We are looking at a two-year extension, which, if I have understood it correctly, will give the department time to look at the possibility of an in-house service.

Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018

Debate between Baroness Stedman-Scott and Lord McKenzie of Luton

Tuesday 27th February 2018 Grand Committee

[Lord McKenzie of Luton (Lab)]

My Lords, I welcome the first scheduled visit of the noble Baroness, Lady Stedman-Scott, to the Dispatch Box. I think this is the first set of regulations to which she will respond. There is a substantial degree of consensus around the Committee on this very important issue, as we have heard in this brief but inspired debate.

It is always a pleasure to listen to my noble friend Lord Jones speak on these occasions, not only because of the manner of his presentation but because he knows the history of this subject. He gave us a history lesson today, particularly in regard to quarrymen.

The noble Baroness, Lady Finlay, referred to the very important issue of asbestos in schools. The HSE may have proposals and procedures for dealing with that but that does not address the circumstances that she identified. It is good to know that we are on the same page as the noble Lord, Lord Kirkwood, in supporting these changes. However, I have one or two questions. We know that these are appalling diseases, particularly mesothelioma, with its long latency but, once diagnosed, as we have heard, there is a very short life expectancy. Because of that a good deal of work has been done by some noble Lords, including the noble Baroness, and the noble Lords, Lord Alton and Lord Wigley, to make sure that medical research is appropriately focused on this. The hope was that that would be paid for in substantial part by the insurers which escaped liability way back when these diseases were being contracted. So my first question for the Minister is: how is that research project proceeding?

As far as pneumoconiosis is concerned, I think we had some aggregate figures on the contributions that were being made but what is the actual level of payments under that scheme, perhaps for the most recent years? Can it be analysed between the various different diseases? How is that programme funded? I will come on to the 2008 Act scheme in a moment. Is it just direct government funding or is there some other cost recovery arrangement under procedures which operate for the 2008 Act?

Perhaps I might ask also about the tracing office. One of the problems with this is the extent to which insurers of the liability insurance can be identified and contacted. A lot of work was done, particularly by the noble Lord, Lord Freud, when he was Minister, to try to change the arrangements and accelerate circumstances in which the employers’ liability insurance could be identified. Obviously, that is relevant for where there is an employment nexus. It does not work particularly well for the 2008 Act. I think there were various iterations to try to improve the tracing but it recognises that where there is an employment situation, the obligation on employers, going back to the 1970s, was to have employers’ liability insurance. To the extent that there was, and that can be identified, that should bear the costs of this. Perhaps we could have an update on the tracing office.

Similarly, on the 2008 Act diffuse mesothelioma scheme, could I have an update—the noble Baroness may have given it to us—on how many cases were involved and the most recent cost figures for the year that is just about to end? As I understand it, that was being funded, in part if not wholly, from cost recoveries from pursuing those who should be making payments. I think there are two bits to the issue of equalisation: equalisation between sufferers and dependants. I join those who say that there should be an equalisation. But at the start of the 2008 Act scheme there was a fear that there was not going to be enough money in that to pay compensation levels which equated with the 1979 Act scheme. Ultimately, there was enough money so those two are equalised, at least at the sufferer level, but I am interested in whether the recovery has gone beyond that needed just to make the payment and whether there is a surplus which could be deployed in a different way to increase the payments. That is an issue that we need to try to get to the bottom of.

The orders do not touch upon the 2014 mesothelioma payment scheme—the brainchild of the noble Lord, Lord Freud, who did an excellent job in bringing it to fruition. Here we were dealing with circumstances in which there was an employment connection and simply an inability to trace the employer liability policies. The rationale for the scheme was that the insurers should have been bearing the cost of this. They escaped by one means or another. Suggestions that they were then not aware nor back in the 1960s even of the effects of the asbestos are not wholly borne out. The point was to get insurers to cough up and deal with matters for which they were responsible. When that scheme was introduced payment levels were less than 100% of the general tariff of compensation under the 1979 Act scheme. It was subsequently increased and the limit on that was that insurers were not prepared to pay more than 3% of the growth rate in premiums of employer liability insurance. I am interested in an update on that scheme. Are full compensation levels now being met? Are the insurers meeting their full 3% agreement under those arrangements?

I am sorry that those are some detailed points for the Minister, but this is an occasion to focus on this very important matter. I thank the Government for the updating that is before us today, continuing in the spirit of co-operation that there has been on this issue.

[Baroness Stedman-Scott]

I thank all noble Lords who have spoken in the debate for their many helpful contributions—and the generous number of questions. This is designed to keep one on one’s toes. This is my first time doing an SI. I can only plead noble Lords’ indulgence. If I do not answer something properly or I fail to answer it at all, please will noble Lords tell me and I will make sure that they get the answer as quickly possible.

These two schemes play a most important part for these people who have these terrible diseases and it is the very least we can do to get the help that they so rightly deserve. In trying to answer just some of the points—and, again, your Lordships will keep me on my toes to make sure that I do that—I say to the noble Lord, Lord Kirkwood, that I acknowledge that the success of the scheme is in the speed that it is dealt with. That is quite right. Is there a follow-up procedure for the payment of the cheque? I am told that there is not. I do not know if that means that I need to talk to the officials to see if there should be or if it is even possible. I am not promising anything but the point has been made.

On the disparity in equalising the payments, we estimate the cost of equalisation to be around £5 million per year. Following on from the previous debate, there is an affordability issue, although when people are suffering like this it is even more acute. At the moment we are trying to get resources to where they are needed most, to people actually living with the disease. We will keep this under review. I can be clear about that. I hope that that answers the question.

[Lord McKenzie of Luton]

How is the £5 million split between the 1979 and 2008 arrangements, or does it all relate to 1979?

[Baroness Stedman-Scott]

I am advised that I should write to the noble Lord on that. I do not have the information, so I will make sure that he gets an answer to that question.

Is anything more being done to prevent the disease? It is. A grant of £5 million from liable funds was awarded to Imperial College in 2016 to establish a national centre for mesothelioma research. The Government have also committed to a number of other measures to stimulate an increase in the level of mesothelioma research activity. The Department of Health’s National Institute for Health Research undertook a priority-setting exercise to stimulate an increase in mesothelioma research. As a result, five studies are under way following an NIHR themed call, with total funding in the region of £2.6 million. The first two are due for completion this year, although we would not expect results to be published for some time after the completion date. From the fact that noble Lords are nodding, that seems pretty reasonable, which is good.