Universal Credit and Personal Independence Payment Bill Debate
Full Debate: Read Full DebateAnna Dixon
Main Page: Anna Dixon (Labour - Shipley)Department Debates - View all Anna Dixon's debates with the Department for Work and Pensions
(2 days, 12 hours ago)
Commons ChamberWe are at a really interesting point with this Bill: a year’s worth of politics happened last week, and it feels like there is more to come. Like the Chair of the Work and Pensions Committee, the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), I begin by thanking all the disabled people’s organisations who have worked incredibly hard and assisted us in winning some concessions. No matter where we end up, they should be incredibly proud of the work they have put in, as should the disabled people already receiving PIP and the universal credit limited capability for work element who have continued to fight on behalf of future claimants even though they have no selfish need to do so. That shows the strength of the community and the amount that disabled people care for each other.
It is unfortunate that disabled people need to come together in a group to fight what is supposed to be a Labour Government. Given the change promised by Ministers, that first change should not have been to attack older people by cutting the winter fuel payment. The Government have also refused to take action on child poverty by bringing forward the child poverty strategy, and now they are balancing the Budget by cutting money from disabled people.
This is not the Labour party that I wrote about in my history Highers—I wrote about the rise of the Labour party, what it was founded on, and how the whole point of it was about supporting people and the principles of the left. This is not what I imagined a Labour Government would look like. I had hoped that they would actually deliver for some people—for disabled people and those the Tories spent 14 years marginalising—yet they are choosing to make the easy cuts that affect disabled people. I do not think those are the right cuts to make. I agree entirely with my Green colleague, the hon. Member for Brighton Pavilion (Siân Berry), who suggested that there are much better ways of balancing the Budget. The fiscal rules are self-imposed, anyway.
To look at some of the specific issues with the Bill, I agree with the hon. Member for Brighton Pavilion in relation to the essentials guarantee and amendment 39. Making people poorer will not magically improve their health. I fully agree with new clause 11 on co-production, and I urge the Minister to take action on that.
In Scotland we have created the adult disability payment. If the Minister looks on the Social Security Scotland website, he will see that it says
“social security is a human right...any of us, at any time…may need this support.”
We centred the decision making on dignity, fairness and respect. I am not saying for a second that the adult disability payment is perfect—there are issues with every system—but I urge the Minister to look at how it was co-produced and the lessons we learned from that when he is planning the co-production of the review of PIP assessments.
I am massively concerned that we are not clear about the basis on which the Timms review is being done. What is the point of the review? I understand that it is to review the PIP assessment process—I have got that bit—but what is the Government’s aim? Is it to cut billions of pounds from the PIP bill? Is it to make the assessment process more humane so that people with chronic conditions do not have to fill in the same form over and over again, explaining what it is that they cannot do? Is it to reduce the number of mandatory reconsiderations? Is it to make the system better, centring it on dignity and respect? Some clarity from the Government on that would be incredibly helpful.
I am sure that the hon. Lady is familiar with the terms of reference for the Timms review, which clearly set out that its purpose is to ensure that PIP assessment is
“fair and fit for the future…and helps support disabled people to achieve better health, higher living standards and greater independence.”
I hope that she will agree that my right hon. Friend the Minister for Social Security and Disability is very well placed to lead the review in co-production with disabled people.
I thank the hon. Member for clarifying that. It would be great if the Minister could clarify from the Dispatch Box that there is no requirement on him or his review to save money. If the hon. Member can give that commitment on behalf of the Minister, that is great, but has the Treasury asked the Minister to reduce the bill? If the terms of reference say, “We do not want money to be saved,” that is grand, but I could not find that in the terms of reference.
I would like to hear from the Minister on whether he has been asked to save money through the review. Disabled people looking at this have already been terrified by the Government’s actions and their “Pathways to Work” Green Paper. I think we should hear from the Minister whether he will be trying to save money or putting dignity, fairness and respect at the heart of the decision-making process and ensuring that co-production happens with that.
I have some questions about the severe conditions criteria. I am concerned because the Bill’s wording is different from what the DWP has been putting out in press releases. Press releases such as the one quoted today in The Guardian have been saying that people with fluctuating conditions will be eligible under the severe conditions criteria. However, the Bill says that a claimant would need to have a condition “constantly”.
The Minister needs to give an explicit commitment from the Dispatch Box. The UK Government have decided not to give the Bill a proper Bill Committee, where we would have asked these questions, hashed this out and got that level of clarification, and people are really scared. As the Minister will know, a significant number of amendments have been tabled on these conditions, from parties across the House. Concerns have been raised, because schedule 1 to the Bill states:
“A descriptor constantly applies to a claimant if that descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.”
So if one of the descriptors is about being able to get around or being able to wash yourself, that paragraph says that the descriptor must apply “constantly”. If that is not the case, we need a clear explanation about that from the Minister. I cannot find the need for a condition to apply “constantly” in previous legislation. It seems to me that this is a new addition.
I do indeed agree with my hon. Friend, and I will be getting to those points shortly.
Further, the UN said that the voices of disabled people must be at the front and centre of this work and that the UK must actively consult and engage with disabled people and their organisations and give due consideration to their views in any legislation related to these rights. Therefore, Government amendment 4 is a significant step forward in removing those measures that were not consulted on. It also prevents the risks I highlighted in my speech last week on the previously proposed eligibility criteria, particularly on future recipients.
I am also pleased that the Minister confirmed last week that the legislation on changes to PIP eligibility and descriptors will not happen until the completion of the Timms review. This leads me to new clause 11. I am grateful for this new clause being selected. It is important to have a debate on it as a probing new clause, and above all, I will be seeking reassurances from the Minister at the Dispatch Box that the Government will get the detail of co-production right. I am grateful that the measures in this new clause were co-produced and supported by Disability Rights UK and the Spinal Injuries Association, as well as through discussions with a broader group of disabled people’s organisations and charities.
My new clause 11 sets out key measures to deliver on our excellent manifesto commitment to champion the rights of disabled people and enshrine the principle of working with disabled people to ensure that our views and voices are at the heart of all we do. Further, the measures in the new clause create a strong link between the Timms review and fulfilling our Equality Act public sector equality duty, along with the UK’s commitments to the UN convention on the rights of persons with disabilities, including the principle in article 4.3 of the need to
“consult with and actively involve persons with disabilities”.
Thus, in this context, meaningful co-production with the disability inclusion taskforce as part of the Timms review is essential.
I commend my hon. Friend for her excellent speeches, both today and on Second Reading, and for all the work I know she has done behind the scenes to get us to where we are today. I fully support her new clause 11, which would guarantee meaningful engagement with disabled people before any changes are made to PIP. As she knows, PIP is also a gateway benefit to carer’s allowance, so does she agree that it is essential to include carers, as well as disabled people, in the disability co-production taskforce?
I do agree. The Minister will head up this review, but the voices of disabled people must be front and centre. The measures in this new clause emphasise the need for disabled people and disabled people’s organisations to make up the majority of the taskforce and to have a significant role in the leadership of the review, and I believe carers could be part of that.
The output of this review must be meaningful and not performative. Therefore, there must be a mechanism to ensure that recommendations co-produced in the taskforce come back to this House for full scrutiny, debate and parliamentary approval before the legislation to implement the review’s outcomes is brought forward. That will ensure democratic accountability on those outcomes, including on how changes to PIP eligibility will impact disabled people. While the new clause suggests that this should happen after 12 months, and ahead of any proposals on PIP coming out next autumn, I am aware that the Minister is keen to ensure this co-production process is not rushed—that is a good approach.
I am grateful for the fact that in his closing statement on Second Reading, the Minister acknowledged my call for a target on closing the disability employment gap. That is the kind of approach I know the Government will develop as they bring forward their plans for employment support. The significant changes made to the Bill since last week will shift the emphasis to enabling disabled people to fulfil their potential, and to closing the disability employment gap. They will anchor Labour values of fairness in this part of the legislation.
I rise to speak in support of amendment 36. Over the past weeks, I have met numerous disability organisations, from Parkinson’s UK to Action for ME, and heard directly from those living with complex fluctuating conditions. I have also seen the impact at first hand as an employer of people with long-term invisible disabilities. What I have heard, seen and lived is simple: the current proposals risk unacceptable consequences for those who are already among the most vulnerable. The Government’s redefinition of “severe conditions” hinges on the word “constantly”—a single word that is of dubious clinical value. I appreciate the clarification given to other Members, but it is very late in the day to be getting such important information.
Conditions such as ME/chronic fatigue syndrome, MS, epilepsy and bipolar disorder do not operate on a schedule. They are unpredictable and they fluctuate, yet the Bill would exclude many individuals who have them from vital support, simply because their symptoms do not comply with a Government definition. Amendment 36 would ensure that our assessment system respects the United Kingdom’s obligations under the UN convention on the rights of persons with disabilities. This affirms the principle of non-retrogression so that we do not roll back hard-won rights. It insists that we take invisible and episodic conditions seriously, and it protects people from falling through the cracks.
The Bill has had an extraordinary passage through Parliament, and at this point the most obvious course of action would be simply to pull it altogether and start again. I realise the political difficulties that that may involve, but vulnerable people’s lives are at stake. When the Government come to look again at some of the deleted clauses via the Timms review, it is essential to approach the issue from a “needs first” angle, not a “how much can I save?” angle, because so many Government cuts in the past have ended up costing more than they have saved.
I accept that the Government do not have infinite funds, but the PIP proposal represented an arbitrary change in eligibility—the four-point rule—with the crude objective of making a predetermined saving. It has all been the wrong way around: we should wait to understand needs first, and only then consider to what extent the Government can afford to meet them.
Does the hon. Gentleman recognise that the concessions that the Government have brought forward and the amendments that are before us today ensure that we are getting it the right way around? It is explicit in the terms of reference that the changes are about a fair and fit-for-the-future assessment, rather than to generate further savings, so does he agree that the Bill allows us to get the Timms review done and to bring forward proposals after that?
I cannot agree with the hon. Member, and I will partly explain why in a moment.
We need a more honest assessment of the overall financial situation that is being used to justify these drastic cuts, because the wrong diagnosis leads to the wrong solutions. The dramatic rise in PIP claimants is at least partly driven by other Government policy; perhaps one quarter of the rise is simply due to raising the pension age. Large numbers of people who are older, and therefore more likely to be disabled, have been pushed out of pension support into benefit support. The state pension is paid out of current taxation, not past contributions, so the impact is immediate.