Independent Living Fund

Justin Tomlinson Excerpts
Wednesday 8th July 2015

(8 years, 11 months ago)

Westminster Hall
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Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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It is a pleasure to serve under your chairmanship, Mr Howarth. I thank the hon. Member for Scunthorpe (Nic Dakin) for calling this debate. It is of great interest to a number of people.

I recognise the valuable role that the independent living fund has played in enabling severely disabled people to live independently over the last 27 years. The ILF was created in 1988 as a transitional arrangement to mitigate the impact of the end of domestic assistance allowances when supplementary benefit was replaced with income support. The fund was established for a maximum of five years as a charitable trust to make payments to people on low incomes who had to pay for personal care. It was expected to support about 300 people. At that time, there was no clear legal provision for local authorities to make such payments.

The original ILF charitable trust ran until 1992, when it was closed to new applications. A new extension fund was created in 1993 to receive new applicants, and the two funds ran in parallel until 2007, when they were amalgamated. Following a trustee decision temporarily to cease taking new applications, the fund was closed to new users permanently in December 2010.

The decision to close the ILF completely, which was announced in a written ministerial statement on 6 March 2014, followed careful consideration of the implications of a Court of Appeal judgment handed down in November 2013. The decision was based on new evidence and a new equality analysis, and reflected those changes.

I understand and acknowledge the depth of the concern shared by many former ILF users about its closure and the impact of that. It was incredibly important to the users. Human nature does not like change, but when it is something so important to someone’s independence, I absolutely get the strength of feeling. However, it was no longer appropriate to continue to fund care and support needs through a discretionary trust operating outside the mainstream system. The mainstream adult social care system has undergone radical changes since the ILF was established. The introduction of the Care Act 2014 in England means that the key features of ILF support, which contributed to its success—personalisation, inclusion, choice and control—are now part of the mainstream adult social care system. Broadly similar legislation has already been introduced in Scotland and will come into force in Wales during 2015-16.

Local authorities themselves have a statutory duty to assess and fund the eligible care needs of disabled people, and 94% of all former ILF users already received a local authority contribution to their care and support. Transferring full responsibility for adult care and support to local authorities ensures that the needs of all disabled people will be met within a single care and support system, thereby simplifying arrangements.

Nic Dakin Portrait Nic Dakin
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The Minister is right to draw attention to the fact that many users have received support from the local authority and the ILF. One reason why they are very concerned is that the ILF’s approach has been, they tell me, very enabling—allowing them to do things—whereas the approach of local authorities over the years has been very much to try to save money and to push them backwards. That is one of the cultural things as well as real things that is adding to the alarm that they feel at the moment.

Justin Tomlinson Portrait Justin Tomlinson
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I thank the hon. Gentleman for that intervention. I understand that point. I will come on to the funding that we have passported over, but I understand the point about the change in the system. I was surprised that the figure was as high as 94%. There is that point about change, but the vast majority already had some contribution from the local authority at that point.

At the point of closure, there were 16,000 users of the ILF, compared with 1.3 million users of adult social care in England alone. Transferring full responsibility for ILF users and amalgamating the funding with adult social care will ensure that support for disabled people is delivered consistently and effectively. As I said, the decision to close the ILF, announced in a written ministerial statement, followed careful consideration of the implications of a Court of Appeal judgment handed down in November 2013.

The current position is that the ILF closed on 30 June and full funding for the remainder of the financial year has been transferred to local authorities in England and the devolved Administrations in Scotland and Wales. Local authorities in England now take full responsibility for former ILF users living here. I believe that local communities are best placed to make decisions about how to use funding to support members of their community and that local authorities should have the flexibility to decide how best to provide funding and support at local level.

Scotland and Wales have also now taken full responsibility for the care and support of former ILF users living there. Scotland has decided to create a new organisation to manage the transferred funding for former users, and in Wales the funding has transferred to local authorities to administer while the Welsh Government decide what course of action to take in the longer term. Northern Ireland has always funded support for ILF users living there and continues to do so, but it has asked the Scottish Government to administer this funding on its behalf.

As part of the 2013 spending review, it was announced that local authorities in England and the devolved Administrations in Scotland and Wales would be fully funded in 2015-16 to meet their additional responsibilities towards former ILF users. A total of £262 million has been made available for ILF users in 2015-16. That amount was based on very accurate forecasts by the ILF and is the same amount that would have been available had the ILF remained open.

Since the ILF was closed to new applicants in 2010, the number of users has reduced year on year, meaning that spending has also decreased. Funding for 2015-16 reflects projected reductions in the number of users between 2014-15 and 2015-16. It is therefore not a cut in the level of available funding.

Funding has been distributed among England, Scotland and Wales in a way that reflects expenditure patterns at the point of closure, with funding in England being allocated to individual local authorities on the same basis. Before its closure, the ILF provided each local authority in England with detailed schedules setting out the allocated funding at individual level, ensuring that every authority has received accurate information about the level of support previously provided to each user by the ILF. Final analysis from the ILF shows that the funding allocated to local authorities in England will be sufficient to ensure that existing commitments to former ILF users can be paid in full for the remainder of the year.

Nic Dakin Portrait Nic Dakin
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I thank the Minister for his description of what has happened. Will he take steps to make sure that the funding, which he has said is definitely there, reaches ILF users?

Justin Tomlinson Portrait Justin Tomlinson
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I am coming to that. I am just setting the background, after which I will talk about the action that is being taken.

The potential implications of closing the ILF were set out in the equality analysis in very clear terms, focusing on the likely impact of the proposed policy on those with a protected characteristic and concentrating on assessing the impact of closure on people with the protected characteristic of disability and, in particular, users of the ILF. The equality analysis considered a worst-case scenario, even if it was not certain that it would happen, separately under each limb of the public sector equality duty.

In addition, we have made a commitment, as part of the equality analysis, to monitor the impact of the closure of the ILF on former users. I believe that that will be welcomed by all. A sample of former ILF users have already agreed to take part, and we have started planning the research, which will be completed before the end of the 2015-16 financial year.

Before the closure of the ILF, the Government worked closely with the ILF in partnership with ILF users, local authorities in England and the devolved Administrations to ensure that they benefited from a programme of extensive transitional support. As part of that support, all former ILF users received a detailed support plan setting out the level of support and the outcomes secured under their ILF award.

The information was shared with local authorities, and the devolved Governments all had access to the data transferred to them prior to closure. In addition, the ILF engaged directly with all authorities involved in the transfer of user care and support in 2015, and it held a series of conferences in October 2014 to provide local authorities with up-to-date information. One-to-one discussions were held with all 151 local authorities at those events. Similar events were held in Wales, and the ILF has worked closely with the Scottish Government to ensure a smooth transfer for all users across Great Britain.

The Department and I have worked closely with the Department of Health, the ILF and interested parties, including a number of significant stakeholder groups, to develop additional guidance for local authorities. We did so in recognition of the fact that, as has been highlighted, not all local authorities immediately displayed full confidence in the arrangements. That included points raised in earlier debates on the subject, which is why we developed additional guidance to ensure that we were prepared for the transfer of former ILF recipients to sole local authority care, underpinned by a new chapter in the Care Act 2014 statutory guidance. That will help to inform local authorities in the transfer of former ILF users to the adult social care system in England.

I have recently written to my counterparts in the Department of Health and the Department for Communities and Local Government, as well as to the Chief Secretary to the Treasury, because I want to ensure that the needs of all former ILF users continue to be taken into account. I have received assurances from the Department of Health and DCLG that future funding for former ILF users will be considered at the next spending review. It may be helpful to highlight the positive remarks of the Chancellor during the election, which are formally on record.

In addition, DCLG has written to each local authority that has former ILF users to draw attention to the agreed code of practice, which will be supported by the new guidance. In the meetings and conversations I have had with the Departments, it has been clear that they absolutely understand that and there is collective support for it. Ongoing support from my officials and me will continue, to ensure that we monitor what is happening and keep a close eye on the situation.

Stephen Twigg Portrait Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)
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I am encouraged by what the Minister has just said. My constituent, Laurence Clark, received support from the ILF. Liverpool City Council has picked up that support, so he knows he has it until the spring of next year. He has asked me to raise his concern about what would happen were that funding not to continue beyond April 2016. He says that it is crucial to his ability to live independently and, in particular, his ability to go to work.

Justin Tomlinson Portrait Justin Tomlinson
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We all have constituents who would echo those words, which is why we are working closely with the Departments.

Nic Dakin Portrait Nic Dakin
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The Minister is being generous in giving way yet again. It is clear to me that constituents are anxious because they do not know what will happen in the future. Can anything be done to give people greater longevity of certainty—more than just one year?

--- Later in debate ---
Justin Tomlinson Portrait Justin Tomlinson
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That is something that the devolved Governments and individual local authorities will consider. We trust local communities to shape the best services. I served for 10 years as a local councillor, and I remember the frustration caused when Governments did not allow flexibility. Each of the constituencies that we represent is very different. Each has different challenges, opportunities and ways of working with other agencies. We will have to look, over the next few months, to see what will happen.

Graham P Jones Portrait Graham Jones (Hyndburn) (Lab)
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The Minister is being generous with his time. I apologise, Mr Howarth, for not catching the beginning of the debate.

My constituent, Paul Taylforth, is in the limbo position of not knowing what will happen next year. I have written exhaustively to Lancashire County Council on the matter, but there has been a lack of clarity from that authority on what its position will be next year. That brings great insecurity, worry and concern to Paul, because the person he looks after needs a lot of care and it is important to him that he has a future.

Justin Tomlinson Portrait Justin Tomlinson
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We all recognise the anxiety and the worry of our constituents. Because the feedback we received demonstrated that, we reiterated what local authorities and the devolved Governments needed to do, reissued the guidance and tightened things up. It is fair to say, however, that of those who have had personal visits to set out their personal plans—and to provide reassurance, because they were going through a big change—97% were satisfied and responded positively.

Justin Tomlinson Portrait Justin Tomlinson
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I will take one last intervention.

Graham P Jones Portrait Graham Jones
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I am very grateful. Lancashire is indecisive at the moment. What advice, regulations or guidance would the Minister give Lancashire to provide clarity to Paul and his family, and to all the other recipients of ILF? The county’s indecision is causing that anxiety.

Justin Tomlinson Portrait Justin Tomlinson
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The best advice I can give is to say that if the hon. Gentleman wants to share that individual experience with me, we can jointly contact the local authority and ask it to take personal measures to investigate the situation.

To conclude the debate, I thank all hon. Members for their contributions. We are discussing an incredibly important issue. I have set out the closure of the ILF in the context of the significant changes in adult social care over the lifetime of the organisation, including the measures in the Care Act 2014 that promote greater independence and increase choice and control for all disabled people. I should like to acknowledge the extensive contribution that the ILF has made to the provision of high-quality independent living support for disabled people. I am happy to report that lessons learned by the ILF over the past 27 years have been captured in its publication “twenty-seven”, which is available to everyone on the gov.uk website.

Finally, I reiterate that I and my counterparts in the Department of Health and DCLG will continue to work together to ensure that former ILF users and all disabled people are given choice and control over how their care and support are provided, to allow them to live full and independent lives.

Question put and agreed to.

Resolved,

That this House has considered the effect on recipients of the transfer of the Independent Living Fund to local authorities.

Welfare Reform (People with Disabilities)

Justin Tomlinson Excerpts
Tuesday 30th June 2015

(8 years, 11 months ago)

Westminster Hall
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This information is provided by Parallel Parliament and does not comprise part of the offical record

Nick Thomas-Symonds Portrait Nick Thomas-Symonds (Torfaen) (Lab)
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It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) on securing this important debate. I know she feels strongly about the subject.

The Budget speech given by the Chancellor of the Exchequer on 18 March set out that there would be £12 billion of welfare cuts by 2017-18, yet since then there has been the general election campaign, numerous Prime Minister’s questions, Department of Work and Pensions questions and Treasury questions and we still have no definitive answers on where the cuts will fall. Indeed, on 22 June, the Minister was asked directly by my hon. Friend the Member for Bolsover (Mr Skinner) whether he would rule out cutting the benefits of any disabled person over this Parliament, but all the Minister gave in answer was:

“We are clear that we will protect the disabled and vulnerable.”—[Official Report, 22 June 2015; Vol. 597, c. 600.]

This area needs definitive answers. With the uncertainty, a number of possibilities are regularly mooted for the Chancellor’s next Budget, such as restrictions to carer’s allowance and to the contributory element of employment and support allowance, as well as taxing disability living allowance, personal independence payments and attendance allowance. All those things would have an enormous impact on the weekly incomes of the most vulnerable people in our society.

Since the election, I have had some of the most vulnerable people in our society—the disabled—coming to my constituency surgeries extremely worried about what may happen in this Parliament. That includes people with mental health problems and people who have been disabled since childhood.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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The Minister shakes his head, but he is welcome to come to my surgeries and hear what is said to me, because that is where the firm evidence is. Take, for example, the specific worries of sufferers of long-term conditions such as Parkinson’s disease. Those in receipt of long-term disability living allowance will soon be starting a reassessment, yet the mobility criterion has been reduced to 20 metres. Parkinson’s is a fluctuating condition, so they are extremely worried about losing the wheelchairs and scooters from which they may benefit, for example. Similarly, there are Parkinson’s sufferers in the work-related activity group. The nature of that group is about going back to work, but the condition is degenerative. Does the Minister not accept that the uncertainty created since the Chancellor’s Budget has been a source of worry and great anxiety to those in our society in receipt of benefits? I can only urge him to make representations to the Chancellor to at least come clean in the Budget on 8 July on precisely what will happen.

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Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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It is a pleasure to serve under you, Sir Roger. I have a limited amount of time, but I will do my best to address as many of the points made as I can—I do not have a set speech. If I run out of time, we will send further information.

I congratulate the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) on calling the debate. She is a long-standing campaigner in this area, and that does shape what we do. She covered many things, but she can always come and see me face to face to run through some of them—my door is open and she has a huge amount of experience. I picked up the point about language. That is not something that I recognise as a Minister, but if there are examples that the hon. Lady wishes to bring to my attention, she should please do so.

David Anderson Portrait Mr Anderson
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Will the Minister give way?

Justin Tomlinson Portrait Justin Tomlinson
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I have only four minutes in which to respond, so that is what I have to do.

On the disability employment gap, in the past 12 months, an extra 238,000 people got into work, which is 650 a day, an increase of 2.4%, which is the biggest in the past decade. We are committed to halving the disability employment gap—it is about a further 1 million. That is a key priority.

Scope’s Extra Costs Commission report was fantastic. I have already met with Scope’s chief executive to look at different ways to support it—for example, this morning I was at the Inclusive Technology Prize competition. Clever people are coming up with ways to improve access in people’s everyday lives to the sorts of things—

Debbie Abrahams Portrait Debbie Abrahams
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Will the Minister give way?

Justin Tomlinson Portrait Justin Tomlinson
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Honestly, I would like to, but I cannot.

The amount of money spent on disabilities actually increased by £2 billion over the last Parliament, and DLA and PIP are uprated in line with inflation. Access to Work was also mentioned in the debate, and numbers increased to 35,500 last year, which is up 4,000. It is demand-led. We are always looking to promote that, which is where the Disability Confident campaign comes in, in particular by highlighting Access to Work to small businesses, which provide 45% of private sector jobs and are not always aware of things. I know from meeting the Federation of Small Businesses that that is felt to be important.

I hear the concerns about sanctions, which were expressed by more than one Member. They are a last resort and we are looking continually at how they are operating. Even the Oakley review stated that sanctions were

“a key element of the mutual obligation that underpins both the effectiveness and fairness of the social security system”,

and we accepted 17 of its recommendations to improve the process. I am happy to provide details on those 17 points.

Justin Tomlinson Portrait Justin Tomlinson
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I know that the hon. Lady wishes to come in, but time is tight.

On the point about George, universal credit will help, in that different disabilities can have different impacts from week to week. That would therefore allow somebody to maintain a certain income, and where they work extra, they have an income on that. We will be publishing them the mortality stats—I know the hon. Lady is keen to see them soon; we would all like to see them as soon as possible.

The hon. Member for Bridgend (Mrs Moon) kindly made her points in a debate two weeks ago and has agreed to meet with me on Thursday, with Parkinson’s UK and the Motor Neurone Disease Association. I am grateful for that. It will be an opportunity to discuss all the points made today. With regards to terminally ill people, we are processing things within six days and 99% are being awarded. I understand the points made about the DS1500 form. GPs are not comfortable doing it. We are talking to the Department of Health about that, so we can expand on that from the meeting.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) again took a reasoned and proactive approach. A lot of stakeholders echo the words that were used—[Interruption.] The hon. Lady should not panic; I am coming to that.

I understand what the hon. Member for Torfaen (Nick Thomas-Symonds) was saying about the frustration, but I am afraid that this happens with every single Budget, whoever the Government are. There is always uncertainty before the Budget. I am no different to anyone else present—we are not the Chancellor. What I do know, however, is what underpins his reform. We will continue to support disabled and vulnerable people. We are providing a strong welfare net for those in need and we will always ensure that work pays. The hon. Gentleman is a strong voice and I would be keen to continue to work with him, in particular on issues arising from surgeries or personal experience.

My hon. Friend the Member for North Devon (Peter Heaton-Jones) and I have shared experience of employing people with mental health conditions. The Government have spent £42 million on a series of pilots that provide group work, telephone support and face-to-face individual support. In the Budget earlier this year, we put in for direct purchase of support, to bring it about much quicker. Through the Access to Work scheme, that can provide help for people within work, and there is a 92% success rate.

Office of Nuclear Regulation ( Annual Report and Accounts)

Justin Tomlinson Excerpts
Monday 29th June 2015

(8 years, 11 months ago)

Written Statements
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Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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Later today the Office for Nuclear Regulation’s annual report and accounts for 2014-2015 (HC 164) will be published. Having consulted the Secretary of State for Energy and Climate Change who is accountable for nuclear security and the Office for Nuclear Regulation, I can confirm, in accordance with Schedule 7, Section 25(3) of the Energy Act 2013, that there have been no exclusions to the published document on the grounds of national security.

[HCWS63]

Personal Independence Payments

Justin Tomlinson Excerpts
Thursday 25th June 2015

(8 years, 11 months ago)

Written Statements
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Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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Personal Independence Payment (PIP) is a major reform which is transforming the way we support disabled people to live independently.

PIP replaces the outdated Disability Living Allowance (DLA). PIP focuses support on those who need it most and, unlike DLA, a significant majority of claimants will have a face-to-face assessment as part of the application process. It is a more dynamic benefit with regular reviews to check entitlement remains correct—payments can increase as well as decrease—whereas 70% of those receiving DLA were on indefinite awards. And PIP is a more modern benefit which takes better account of mental health conditions.

I now intend to roll out the final phase of this vital reform, that of the reassessment of all remaining people on DLA for PIP. We have already rolled out PIP across GB for new claimants and for individuals who choose to claim PIP or whose circumstances change or where their DLA award comes to an end, including for children when they reach 16.

My original intention was to start this final phase in October 2015 GB wide. In May departmental statistics confirmed that average reassessment claims for PIP were waiting only four weeks from returning their PIP forms until an assessment, which is in line with our expectations. This improved performance means I am pleased to announce that we are now in a position to begin the final phase in July, initially at small volumes and in a limited number of areas. We recognise that this will result in some claimants being invited to reassessment earlier than they might have expected. But by operating at a smaller scale initially, this will enable us to monitor the system closely in small volumes to ensure an efficient reassessment process is in place.

It will also provide us with an opportunity to test key parts of the PIP process, such as the way in which we communicate with claimants. This is in line with the previous Government’s response to recommendations in the independent review of PIP carried out by Paul Gray in December 2014. My priority remains safe and secure delivery of PIP and we will use evidence from this early roll-out to ensure we are continuously improving the way in which we deliver PIP, offering the best claimant experience possible.

[HCWS59]

Oral Answers to Questions

Justin Tomlinson Excerpts
Monday 22nd June 2015

(8 years, 11 months ago)

Commons Chamber
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Julian Knight Portrait Julian Knight (Solihull) (Con)
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1. What assessment he has made of the effects of automatic enrolment on private sector pension saving.

Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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More than 5.2 million workers have been automatically enrolled in a workplace pension by their employer to date. Since the start of automatic enrolment, workplace pension membership in the private sector has risen from 32% in 2012 to 49% in 2014, a very positive start.

Julian Knight Portrait Julian Knight
- Hansard - - - Excerpts

With 135,000 firms set to auto-enrol their employees from January, does my hon. Friend agree that the work of non-governmental groups such as the Solihull-based Chartered Institute of Payroll Professionals is key to the successful delivery of auto-enrolment and to meeting the savings challenge of 11 million Britons who are currently failing to put enough away for their retirement?

Justin Tomlinson Portrait Justin Tomlinson
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Our success to date in implementing automatic enrolment could not have been achieved without the significant ongoing support of a number of sectors, including the pensions and payroll industries. Friends of automatic enrolment have played a crucial role in bringing together organisations that are playing a key role in its delivery. Together they have helped the Government improve the process of automatic enrolment and ensure that these reforms work. We thank them for their support so far and their commitment to continuing to work with us as we start the process of helping 1.3 million smaller employers implement automatic enrolment for their workers.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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But will the Minister advise the House of his estimate of the number of workers who are excluded from the benefit of auto-enrolment because of the changes in the threshold over the past five years, and of what proportion of those workers are women?

Justin Tomlinson Portrait Justin Tomlinson
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The Secretary of State is required by law to review the automatic enrolment thresholds in each tax year and may take into account a range of prescribed factors. The review can include considering whether to lower or increase the thresholds or leave them unchanged, as was the case for the current tax year. Freezing the trigger for this tax year will result in approximately 14,000 additional women and 20,000 people overall being brought into pension savings. On the hon. Gentleman’s specific point, I am happy to write to him with further information.

Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
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18. I welcome the Minister to his post.One way of boosting auto-enrolment further would be to ensure that people were more confident when they came to access their savings that they had the full range of choices that the law now allows. What more can the Minister do to encourage pension funds to offer that full range at an affordable and fair price?

Justin Tomlinson Portrait Justin Tomlinson
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I am encouraged by the fact that 91% of people who have already been auto-enrolled have continued to save, which is a welcome step and above initial expectations. We will continue to work with the Treasury, the Financial Conduct Authority and the Pensions Regulator to ensure that flexibilities, information and charges are all delivering for the consumer.

Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
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When it comes to the reforms that the Government are putting through, particularly on pension freedoms, we are mindful of the attractions of consumer choice but also of all the mis-selling scandals of the past. What assurances can the Minister give that all defined-contribution plan holders will get appropriate advice and that consumers will be adequately protected? It is not clear to us that the appropriate measures are in place.

Justin Tomlinson Portrait Justin Tomlinson
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As I said in response to the previous question, we will work with the Treasury, the FCA and the Pensions Regulator to monitor that closely. We have also brought in a 0.75% cap on charges, which in time will allow an extra £200 million to remain in pension savings.

John Bercow Portrait Mr Speaker
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I call Adrian Bailey. Not here.

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Nigel Adams Portrait Nigel Adams (Selby and Ainsty) (Con)
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12. What progress his Department has made on the Disability Confident campaign.

Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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The Disability Confident campaign continues to play a crucial role in the Government’s aim of halving the disability gap. It has secured support from 360 employers and pledges from 98 organisations to positively change employment practices towards disabled staff. Many colleagues are hosting constituency events, including my hon. Friend the Member for Selby and Ainsty (Nigel Adams) who did so last week.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Norwich for Jobs, the youth employment campaign that I founded in Norwich, has hit its goal of helping to halve youth unemployment. We want to turn the power of that local network towards helping young people who are claiming employment and support allowance. Will the Minister join me in calling on Norwich companies to give a young disabled person a chance?

Justin Tomlinson Portrait Justin Tomlinson
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I am delighted to hear of the success my hon. Friend has achieved in her constituency with Norwich for Jobs. That is exactly the kind of local initiative that I welcome, and to which I am pleased to add my support. In addition, I hope that her local authority, local enterprise partnership and business community will do all they can to help to promote that fantastic scheme.

Nigel Adams Portrait Nigel Adams
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Will the Minister join me in thanking all the employers and speakers who contributed to my first Disability Confident conference in Selby a couple of weeks ago? It was an extremely worthwhile event to organise. Many of those employers will join me for my fifth jobs fair in October. I was particularly pleased because we had a bit of stardust at the event—Pamela Uddin, the star of the BBC’s “The Apprentice”, shared her experiences of coping with dyslexia.

Justin Tomlinson Portrait Justin Tomlinson
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I am aware of the very successful event my hon. Friend organised. I congratulate him on the quality of the speakers he secured—it certainly shows that he is no apprentice. We need employers to see that recruiting and retaining disabled people should be the norm, and that disabled people have a great deal to offer in the workplace. Events such as the Selby summit play a crucial part in our drive to get employers involved.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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Does the Minister agree that an almost hidden element of disability is autism? It is a barrier to so many people gaining employment and a full and confident life.

Justin Tomlinson Portrait Justin Tomlinson
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I have met stakeholder groups, and that message has been made very clear to me. In fact, 42% of disabled people looking for work say that the biggest barrier they face is the attitude of their employer. Through such campaigns as Disability Confident, we hope to inspire more businesses to take on more people with disabilities. We rejoice in the fact that, over the past 12 months, an extra 238,000 disabled people were in work.

Grahame Morris Portrait Grahame M. Morris (Easington) (Lab)
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What support is the Minister offering to specialist and locally based employment organisations such as Northern Rights in my constituency and the East Durham Employability Trust? They have a proven track record of supporting disabled people and people with multiple barriers into work, but have frequently found it very difficult to access funding from the Department for Work and Pensions.

Justin Tomlinson Portrait Justin Tomlinson
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Again, having met with stakeholders, I can say that local initiatives are clearly key. Each of our individual constituencies has different challenges and opportunities. Part of the Disability Confident campaign is sharing best practice. I would be keen to hear more of the good work going on in the hon. Gentleman’s constituency.

Tania Mathias Portrait Dr Tania Mathias (Twickenham) (Con)
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As part of the Disability Confident campaign, will the Minister work with organisations such as United Response, which does excellent work in my constituency with people who have learning difficulties such as autism, which the hon. Member for Huddersfield (Mr Sheerman) mentioned, so that people with learning difficulties go into every kind of job and all public service? Some are councillors. I want more people with learning difficulties to put themselves forward to be councillors and Members of Parliament.

Justin Tomlinson Portrait Justin Tomlinson
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That is why we launched the Disability Confident campaign and why we will continue to drive it forward. I met Liz Sayce of Disability Rights UK. She made it very clear to me: she said that, too often, disabled people are seen as recipients when they want to be net contributors. Local initiatives, sharing best practice, busting the myths and ensuring that people see what a huge amount of talent is available will continue to help to drive up disability employment rates.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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5. What assessment he has made of the implications for his Department of the High Court ruling in June 2015 on delays in personal independence payments.

Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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We have taken decisive action to speed up waiting times for personal independence payment claims and are pleased that the Court has recognised the huge progress made. The average new PIP claimant now waits only five weeks for an assessment.

Alan Brown Portrait Alan Brown
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Currently, delays to people receiving PIP causes problems, but the impact of delays on other benefits such as the carer’s allowance and blue badges is hugely significant. Although the Government have made progress, will the Minister advise us as to what the backlog is in terms of numbers, and how many people wait more than seven weeks?

Justin Tomlinson Portrait Justin Tomlinson
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It is important to recognise that other benefits are backdated. We have made huge progress. The backlog has been falling month on month since August 2014, and we are now within where we would expect to be as part of usual business. We are looking at a median time, end to end, of 11 weeks. We will continue to monitor that important issue closely.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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May I draw the Minister’s attention to a letter I received from a constituent last week? He says:

“I was recently contacted by DWP to be assessed for PIP…I sent the forms off and within 3 days had a medical assessment at my home…I have to tell you that the process from start to finish was 3 weeks. Is this a record?...Whilst we read a lot in the media I think my recent experience shows the system may at last be improving.”

Justin Tomlinson Portrait Justin Tomlinson
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I thank my hon. Friend for that. Claims are now cleared at four times the rate they were in January 2014. We have quadrupled the number of healthcare professionals, introduced more than 200 new assessment rooms, doubled the number of DWP decision-making staff, and improved IT systems and claimant communication. I am delighted that my hon. Friend’s constituent has benefited from those improvements.

Eilidh Whiteford Portrait Dr Eilidh Whiteford (Banff and Buchan) (SNP)
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I welcome the new Ministers to their roles.

The recent High Court ruling found that the delays to PIP were unreasonable and unlawful. They are also undermining the well-being and dignity of sick and disabled people. I know that I am not the only Member who has seen constituents affected not just by inordinate delays, but by poor quality assessments, driving them into hardship and destitution. The High Court ruling should have been a wake-up call for Ministers, but they seem to be refusing to accept that PIP is just not fit for purpose. In the light of that damning judgment, will they halt the roll-out of PIP and initiate a review as a matter of urgency?

Justin Tomlinson Portrait Justin Tomlinson
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Actually, the Court and the Paul Gray review agreed that there were no inherent failings in the system, and significant improvements have been made, which I have already listed. The reality is that some cases were unacceptable, but we must not forget why we introduced PIP. It is a modern benefit that allows thorough face-to-face assessments and will ultimately see a higher proportion of maximum value paid, compared with the old disability living allowance system. We are continuing to make improvements and I will keep a close eye on the issue.

Eilidh Whiteford Portrait Dr Whiteford
- Hansard - - - Excerpts

I am disappointed by the Minister’s complacency. Earlier this year, Citizens Advice Scotland published research showing that 55% of current DLA claimants will lose out in the transfer to PIP. It is not just sick and disabled people who will suffer—[Interruption.] I am sorry; I thought you were cutting me off, Mr Speaker. The Scottish Government estimate that 450 carers in Scotland will lose their carer’s allowance because of this transition. That will put further strain on families that are already at a disadvantage—

Justin Tomlinson Portrait Justin Tomlinson
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I am afraid that I do not share the hon. Lady’s views. PIP is a far better system than the former DLA. Under DLA, only 6% of people had a face-to-face assessment, 50% of awards were made with no medical advice, and 71% were allocated lifetime awards, even though one in three cases would change within 12 months—often getting worse, so that people missed out on the appropriate support. We are right to push this and I will continue to keep a close eye on the improvements we have made.

Peter Heaton-Jones Portrait Peter Heaton-Jones (North Devon) (Con)
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I warmly welcome the Minister to his post.

My constituency has many isolated rural and coastal communities. What is being done to ensure that assessment centres are more accessible and flexible for people in those communities?

Justin Tomlinson Portrait Justin Tomlinson
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I thank my hon. Friend for that question: he is a real champion for his constituents. We have added an extra 200 assessment rooms. People who find it difficult to reach an assessment room can travel by car as long as it is within 60 minutes; by public transport if it is within 90 minutes; or, by prior agreement with the assessment providers, they can have taxis provided and paid for.

Dennis Skinner Portrait Mr Dennis Skinner (Bolsover) (Lab)
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What a difference a weekend makes. On Saturday, thousands of disabled people marched in protest against cuts in their benefits. The Minister comes here today, trotting out his sunshine stories, while in the real world disabled people are losing benefits left, right and centre. He can remedy that today by saying, “This Government will not cut the benefits of any disabled person throughout this Parliament.” Come on, say it!

Justin Tomlinson Portrait Justin Tomlinson
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We are clear that we will protect the disabled and vulnerable. Let us remember that under the PIP system 22% of claimants will end up getting the highest rate of support, which is higher than the 16% under the DLA. We are doing more to help the most vulnerable in society.

Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
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6. What support his Department is providing to young people seeking apprenticeships and employment.

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Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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I thank my hon. Friend for highlighting such excellent local initiatives. In my earlier answers I stressed how important that is. Last year we saw an increase of 238,000 disabled people in work. The employment rate is now 46.3%—up 2.1% from last year—and our Disability Confident campaign will continue to share best practice and signpost further help for local businesses.

Marie Rimmer Portrait Marie Rimmer (St Helens South and Whiston) (Lab)
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T5. Following the shameful failure of the Front-Bench team once again to answer a question today, may I ask again why the Government are refusing to publish—even though the Information Commissioner has instructed them to do so—the up-to-date statistics relating to the number of people who have died, having been found fit for work at their face-to-face assessment?

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Justin Tomlinson Portrait Justin Tomlinson
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Without having the full details of that case, I cannot comment, but if the hon. Gentleman provided further information I would be happy to look into it. He should remember, however, that under the PIP process 22% of people would be expected to get the highest rate of support as against only 16% under DLA.

Fiona Bruce Portrait Fiona Bruce (Congleton) (Con)
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Does the Secretary of State agree that family breakdown is a driver of child poverty as well as many other issues such as addiction, obesity and self-harm, at a cost of almost £50 billion a year, and that therefore investment in strengthening couple relationships, as well as parent-child relationships, makes economic sense as well as being a matter of social justice?

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Tom Pursglove Portrait Tom Pursglove (Corby) (Con)
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This weekend I had a discussion about the difficulties that those suffering from mental health conditions face when trying to access support, specifically in relation to budgeting. What support is available, particularly in the most difficult cases?

Justin Tomlinson Portrait Justin Tomlinson
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I thank my hon. Friend for highlighting the issue of mental health conditions, which is a particular priority for us. Through the Access to Work scheme, we have introduced a lot more measures to increase support and provision for those trying to get into work and while they are in work. That is partly why 35,000 people benefited from that scheme last year, up by 4,000 on the previous year.

Greg Mulholland Portrait Greg Mulholland (Leeds North West) (LD)
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Six-year-old Ellie Mae Brownnutt tragically died on 8 May from Batten disease; her brother Caleb also suffers from the condition. The parents of children with Batten disease still have to fill in forms for DLA every three years, even though there is no cure and, sadly, death is inevitable. Some conditions are exempt from that requirement and some are not. Will the Minister meet me, representatives of the Batten Disease Family Association and people affected by other degenerative conditions to discuss how this situation can be changed?

Justin Tomlinson Portrait Justin Tomlinson
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I thank the hon. Gentleman for raising that issue—I know he has been a real champion for the cause. I am happy to meet him, but he should remember that the reason we do reassessments, where appropriate, is that sometimes conditions get worse and support for them will therefore increase. We would not want people to miss out, as they did under DLA.

David Mowat Portrait David Mowat (Warrington South) (Con)
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Earlier, the Minister pointed out that we have brought in a 0.75% cap on private pensions that are subject to auto-enrolment. That is excellent news. However, there is also abusive behaviour more widely in the industry. Do we expect that cap to be extended to non-auto-enrolled pensions?

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Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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People with mental health problems can find it incredibly difficult to get a job and stay in employment. What are the Government doing to help?

Justin Tomlinson Portrait Justin Tomlinson
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That issue is being picked up through the Access to Work scheme. The changes we have made recognise the challenges for people with mental health conditions both while they are in work and with maintaining work. I formerly employed someone with a mental health condition, so I know what a valuable contribution such people can make, often needing only small changes and bits of support.

None Portrait Several hon. Members
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rose

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John Bercow Portrait Mr Speaker
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The Minister could put an answer in the Library of the House, which might be quicker.

Justin Tomlinson Portrait Justin Tomlinson
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I totally agree with my hon. Friend. Thirteen MPs have already held events in their constituencies. We can all play a vital role in promoting opportunities for the wealth of talent that is available and willing to go into work.

John Bercow Portrait Mr Speaker
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Last but not least, I call Peter Grant.

Personal Independence Payment Applications

Justin Tomlinson Excerpts
Wednesday 17th June 2015

(8 years, 12 months ago)

Westminster Hall
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Justin Tomlinson Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)
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It is an absolute pleasure to serve under your chairmanship, Mr Davies, especially as you were the first to invite me to come on an official visit to a constituency. I am very much looking forward to it, but we will wait to see whether I will be invited a second time. The tone and the constructive and proactive nature of the debate are a real credit to Members. It is such an important subject, and Members gave a lot of first-hand experiences that will help shape how I take things forward, and I am grateful for that.

In the limited time I have, I will try to respond to as many of the points that were made as I can. If I have missed something, I will follow up on it after the debate. The debate is a credit to my hon. Friend the Member for Beverley and Holderness (Graham Stuart), who is widely respected for standing up for his constituents. He faces the challenges of representing a rural community, and he has done it a good service today. I am delighted that the particular cases that were highlighted at the beginning of his contribution have, we believe, been resolved. It was absolutely right, however, to highlight the principle.

This is my first debate as the Minister for disabled people. As a Conservative, I am very proud that, when William Hague was the Minister, we introduced the Disability Discrimination Act 1995. We have made a clear commitment to halving the disability employment gap, which we would all welcome and support. It is a role where I know I can make a tangible difference. I have already spent a huge amount of time engaging and working with stakeholders, and I have made numerous visits.

During my five years as a constituency MP, I have done a huge amount with local organisations, charities and businesses acting in that area, and the one big thing that I get when I talk to people is that they are enthused about opportunity, and in particular about the opportunity to work. Only this morning, I met Liz Sayce of Disability Rights UK. She said that disabled people are too often seen as recipients when all they want is to be net contributors. That was brought home to me when I went to the fantastic charity Whizz-Kidz. I met the Kidz Board ambassadors, George Fielding, who is the chair, and Kayleigh Miller. George is a politics student, and he knows more about politics than all of us. He will come to take our jobs before too long. They made it clear that they want a focus that gives them the same opportunities that their friends enjoy in going to work. They both have fantastic career prospects. As a former employer who has employed people with disabilities, I would snap them up without hesitation.

It is important to reflect why we are doing what we are doing. There was a real need for reform. DLA was too often a crude, blunt instrument in providing support. Only 6% of claimants had a face-to-face assessment. Some 50% were assessed without any medical evidence and 71% of people were given an indefinite award, yet one in three will have their circumstances change within 12 months. It could be that their circumstances got worse and they were not getting appropriate support. The system needed to be changed. PIP considers how impairment affects a person’s life, rather than labelling individuals on the basis of their impairment. It rightly recognises that every disability is unique.

Through the face-to-face assessment, there is an opportunity to articulate individual challenges that cannot be done purely on a paper-based form, and in my visits, it has been repeated to me how important that is. Trained healthcare professionals can tease out exactly what support is needed. I have sat through an assessment in my constituency of Swindon. Those professionals do it in a fantastic manner and try to be supportive. I understand that people are nervous, and I am keen to see a lot more videos put online so that people can see in advance what to expect. That is an important message that has come forward today, and I want to see more work on that. Crucially, the system will pick up on such things as mental health conditions and learning disabilities, which it was felt that the paper-based system simply did not pick up on, and there is broad stakeholder support for that. For the most vulnerable people who need the most support, 22% of people who go through the system will expect to get the highest rate of support. Under DLA, that was only 16%.

Members have rightly highlighted that there have been delays, and in some cases that is clearly unacceptable. However, a huge amount of work has been done by the Department, the providers, my predecessor and me. I am having two or three meetings a day on PIP, and am beginning to dream about it. The headline is that we have quadrupled the number of healthcare professionals. I went to Cardiff to sit through a claimant’s entire journey, and I will continue to look closely to try to find ways to improve that process. We have over 200 more assessment rooms. We have doubled the number of DWP staff. In the initial stages, productivity levels for decision makers was at about four cases a day; it is now up to about eight a day, which is making a big difference. The IT systems have been improved and are a lot more reliable, which was greatly welcomed by the staff in Cardiff at a question and answer session I attended. There are also more prompts in the system, so if the same things are being written repeatedly, that will be picked up. Again, that improves productivity.

On communications, letters are being improved to remind people of the types of evidence they need to bring in so that the system flows more smoothly for them. We are being proactive: when people are sent forms to fill in we would expect them to be returned within 28 days. If after 20 days we have not heard anything, the system automatically triggers two telephone call reminders, as well as a letter, and we are now looking at text messaging. We are trying to be proactive, and that is making a big difference. We are clearing the backlog. Since August 2014, every month, month on month, we have seen cases being cleared. Between January and April this year, we cleared about 71,000 claims a month, against an average of 52,000 new claims a month coming into the system. That is four times the rate in January 2014.

Neil Gray Portrait Neil Gray
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I welcome the Minister to his post. I appreciate the statistics he is rolling out, but they do not reflect the comments that I hear from my constituents. There are concerns that the delays will continue. In that vein, will he consider supporting the devolution of all welfare powers to the Scottish Parliament through the Scotland Bill? That would be supported by Enable Scotland and Inclusion Scotland. Will he also consider delaying the roll-out of PIP until that process is complete?

Justin Tomlinson Portrait Justin Tomlinson
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My job is to continue with the roll-out. Greater minds than mine are continuing the discussions, and it may well be that welfare powers will be devolved, but we will leave it to the greater minds that represent us both to decide that.

Average claimant waiting time has been reduced by around three quarters since June 2014, so we are now looking at a new claimant waiting just five weeks for an assessment, with reassessments down to four weeks. Crucially, the median time for the whole journey, end to end, is now 11 weeks, which is a considerable improvement. Having cleared significant amounts of the backlog, we expect to be operating as “business as usual”. That is very welcome. The end-to-end time for terminally ill people, which was highlighted, is now down to six days, with 99% of claimants awarded.

I am conscious of time, so will try to rattle through—

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Justin Tomlinson Portrait Justin Tomlinson
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I am afraid I will not because I have only a very short amount of time.

We have made sure that legacy cases are a priority, but they are unique and complex. Often, the cases brought to me are not black and white. We have to recognise that everyone’s application is unique and the medical evidence is complicated. Sometimes, people choose to reschedule their appointments themselves. Sometimes, people chose to fail to attend; are in hospital, which makes face-to-face assessments difficult; or are in prison. Nevertheless, we are making it a priority to clear any legacy cases.

My hon. Friend the Member for Beverley and Holderness is a strong voice for his constituents and he rightly highlighted the need to tackle delays. We have demonstrated that we are making good progress, but I will continue to keep a close eye on that. We are looking at rural coverage and have increased the number of assessments. Currently, the rule is that people should be within 60 minutes’ travel in a car, which most people are, or within 90 minutes by public transport. I know that there are challenges in rural constituencies, particularly in Hull. I think my hon. Friend the Member for North Devon (Peter Heaton-Jones) would have raised that point, and an excellent one it would have been too. People can get face-to-face assessments, they can ask for a taxi, and all travel costs are refunded, so there should be no reason not to come out.

I am conscious of the time, but I want to pick up on some of the points that Members made. I will correspond on any that I miss. My hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) has a very proactive approach. I have visited the centre in Swindon that we share, and I am encouraged. The hon. Member for Workington (Sue Hayman) made a good point about language, and I would be happy to discuss further any areas we can improve, but it is important to remember that carer’s allowance is backdated.

In answer to the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), yes, we have strictly applied service credits, and rightly so. Appointments can be rescheduled, and, if 9 o’clock in the morning is not appropriate, some centres are looking into changing their opening hours if that is what claimants want. We have done some of what was recommended in the full PIP review, and will continue to look at that. I will update Members further in due course.

In response to the hon. Member for Torfaen (Nick Thomas-Symonds), assessments are evidence-based and sensitive to conditions. We will continue to learn because quality is vital. The personal experience of the hon. Member for Bridgend (Mrs Moon) is also vital. I attended the Motor Neurone Disease Association event yesterday, and I would be delighted to meet both it and Parkinson’s UK. I extend that invitation to the hon. Lady.

There are many points that I do not have time to address, but I will quickly say that the roll-out will match capacity and will be done in a calm and cautious manner. I welcome all feedback. The debate has been very proactive, and PIP is a real priority for me so I will keep a close eye on it.

Philip Davies Portrait Philip Davies (in the Chair)
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Mr Stuart, you have 40 seconds or so in which to sum up.