Universal Credit

Debbie Abrahams Excerpts

Monday 5th November 2018 Commons Chamber

[Ms McVey]

My hon. Friend is right. This benefit is about empowering people. It is about helping them to take on work, or extra work. Under the legacy systems, people were locked out of work even if they wanted to do it. We know that there are about 113 million extra hours of work out there. We also know that there is a record number of vacancies in the economy. We can help people, get them a career, get them on the jobs ladder, and get them doing what they want to do in this world.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Analysis of the universal credit measures in the Budget shows that more than 3 million households will still be worse off, especially disabled people and the self-employed. Following the High Court judgment compelling the Secretary of State to provide transitional protections for disabled people migrating on to universal credit, what is her response to the comment on page 76 of the Social Security Advisory Committee’s report that her proposals leave disabled people worse off and need “further consideration”?

[Ms McVey]

I hope that the hon. Lady will be voting for the changes that may give 1 million more disabled people an extra £100 a month, and the extra protection for the severe disability premium for 500,000 people, which is key. As I have always said, should we need to give any more support for vulnerable groups, we will work—and I will work with the Chancellor—to ensure that that happens. However, I commend to the hon. Lady the managed migration regulations, which, as she will see, provide for significantly more support.

Universal Credit

Debbie Abrahams Excerpts

Wednesday 17th October 2018 Commons Chamber

[Neil Gray]

The hon. Gentleman has completely ignored the points I mentioned that have been made by the CPAG and other expert groups. He has completely ignored that. Government Members are deaf to the facts.

There are of course some cheerleaders for the version of universal credit before us. There are those who say nothing needs to be changed, and those whose loyalty makes them blind to reality. They continually say it gets people into work, but the National Audit Office has explicitly said that this claim is absolute patent nonsense. Page 10 of its report states:

“The Department will never be able to measure whether Universal Credit actually leads to 200,000 more people in work, because it cannot isolate the effect of Universal Credit from other economic factors in increasing employment.”

I would love to hear the evidence that directly correlates universal credit alone as the factor in increasing employment.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Is the hon. Gentleman concerned, as I am, by the fact that not only the NAO but the Universities of York and of Glasgow have shown, in a two-year study, that there is no evidence universal credit actually gets people into work and still less that it improves in-work progression? The Government continually misrepresent these facts. Is he concerned, as I am, about their doing this?

[Neil Gray]

I completely agree with the hon. Lady. It is great to have her contribution, which should be listened to across this House.

Universal Credit

Debbie Abrahams Excerpts

Tuesday 16th October 2018 Commons Chamber

[Alok Sharma]

My hon. Friend is assiduous at talking to local jobcentres and acting on his constituents’ behalf. We, of course, have a process whereby jobcentres can feed back information on some of the key metrics, which we monitor regularly.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Given that no lessons whatsoever seem to have been learned from the roll-out of full service universal credit since last year, how on earth would just slowing down the roll-out stop the misery, deprivation and even destitution that millions are facing?

[Alok Sharma]

We are learning as we go along, which is what the “test and learn” process is all about. I hope that the hon. Lady will appreciate the roll-out of the landlord portal and the ability to upload childcare costs. The changes we are making are helping the very people whom require that help: her constituents and mine.

Oral Answers to Questions

Debbie Abrahams Excerpts

Monday 15th October 2018 Commons Chamber

[Ms McVey]

Of course we have to understand the underlying issues and problems and support people as best we can. I met the Trussell Trust and various poverty groups and we have talked about how we best support families. We believe that the best way to support a family out of poverty is by getting them into work—hence why I pointed out that, under the previous Labour Government, the number of households where no one ever worked doubled. This Government believe that work is the best way out of poverty and we will continue helping people.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

One million householders, 750,000 disabled people, 600,000 working single parents, 600,000 self-employed people and 300,000 families with three or more children will all be worse off under universal credit. Will the Secretary of State finally admit that, for these people, austerity is far from over?

[Ms McVey]

I have said that, under this benefit, what we sought to do was get more people into work, because that is the best way out of poverty, and that is what we have done. We are helping 1,000 people each and every day into work. We also said that we would make this benefit fair to the taxpayers, who are paying for it, and fair to those claimants, and that is what we are doing.

Universal Credit Split Payments

Debbie Abrahams Excerpts

Wednesday 10th October 2018 Westminster Hall

[Danielle Rowley]

I thank the hon. Gentleman for his intervention. I absolutely agree with him, and I will give some of my own thoughts on the Government’s response to that as well.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

My hon. Friend is making a powerful speech. I am sure the Minister will respond by saying that people can apply to have split payments, but Women’s Aid has said that this is not enough—that the Government are not, for example, monitoring how many people are applying and how many people are being refused. The record of what is being provided for in terms of alternative payments gives a very skewed and false picture, and we must have a default split payment soon.

[Danielle Rowley]

I absolutely agree.

Personal Independence Payments

Debbie Abrahams Excerpts

Tuesday 11th September 2018 Commons Chamber

[Hugh Gaffney]

I am sorry, but I do not agree with the hon. Gentleman. I do not know who goes into his surgery to talk to him, but I certainly do not hear that from the people who come in to talk to me.

Many colleagues have consistently raised PIP with the Government over recent months and years. My hon. Friend the Member for North West Durham (Laura Pidcock) is one and I congratulate her on the birth of her baby boy and I hope that they are both doing well.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I just wish to pick up on the point made by the hon. Member for Ochil and South Perthshire (Luke Graham). Does my hon. Friend agree that, in fact, the introduction of PIP has been used as a means of cutting support for disabled people? When we look at the figures from charities such as Mind, we can see that more than half of the people who started off on disability living allowance and transferred to PIP are to get reduced points or no points at all. This is purely a means of cutting support for disabled people.

[Hugh Gaffney]

I totally agree with my hon. Friend and I thank her for her intervention.

Many MPs have spoken on the issue over the past few months and years. My hon. Friend the Member for North West Durham highlighted how the mental health conditions of those with chronic disabilities is also a factor. My hon. Friends the Members for Gower (Tonia Antoniazzi), and for Oldham East and Saddleworth (Debbie Abrahams) have also spoken on the issue. My hon. Friend the Member for Rutherglen and Hamilton West (Ged Killen), in my neighbourhood of Lanarkshire, raised a very good question with the Government around the actual number of challenges to original assessment decisions that have been successful. My hon. Friend the Member for Hornsey and Wood Green (Catherine West) legitimately asked the Government whether claimants would be entitled to receive a copy of their PIP assessment reports.

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[The Minister for Disabled People, Health and Work (Sarah Newton)]

I congratulate the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney) on securing this very important debate. I would like to add my personal congratulations to his, and those of his colleagues, to the hon. Member for North West Durham (Laura Pidcock). I am pleased to hear that she has had her baby and both are doing well. Please extend those congratulations to her. I hope to see her back in her place in due course so that we can continue our work together.

It is very clear to me that all Members who have spoken here today care deeply about their constituents and want to see the best possible outcomes for them when they are going through the process of claiming the personal independence payment. I can assure them that this Government are equally committed to supporting everyone to achieve their full potential in society and to lead as independent and full lives as possible. The successful roll-out of PIP is integral to our vision that we have a really fair and compassionate society and that people get the support that they need.

Figures have been bandied around this evening, and it is really important that we deal with the facts. We are committed to providing a strong safety net for those who need it. That is why we are spending about £54 billion this year just on the benefits that support disabled people and those with health conditions. We are focusing on those main disability benefits through employment and support allowance and other benefits in addition to PIP. Expenditure has increased by more than £5.4 billion since 2010. It is set to be at a record high this year, and it will continue to be higher in every year to 2022 than in 2010.

[Debbie Abrahams]

rose—

[Sarah Newton]

The hon. Lady is a very experienced Member of Parliament, and she understands that in an Adjournment debate we have very little time. My door is always open to all Members here tonight if they want to raise constituency cases or broader points with me. I will not be able to address these points if I take interventions. [Interruption.] I ask the hon. Lady please to come and see me, and I will be more than happy to listen and respond carefully to what she wants to say.

These disability benefits are also exempt from the benefits freeze, so they will increase again this year to make sure that they are going up in line with inflation. We have about 5.25 million people of all ages on benefits, but we are supporting 1.8 million on PIP. Again, we have heard the misquoting of information about appeals. Of all the people who have applied for PIP, about 9% have gone to appeals, of which only 4% have been overturned. One person who has a poor experience of PIP—one person who does not get the treatment that these people all richly deserve—is one too many. We are utterly committed to a continuous improvement programme.

It is really important to remember why we looked again at the disability living allowance. It was a benefit for its time. It was mostly focused on physical disability. It did not take into consideration all the mental health conditions that we know people live with. It did not take into consideration learning difficulties or sensory impairments like blindness. Understanding of other conditions such as autism has changed immeasurably. DLA was too reliant on self-assessment, and people had very little opportunity to be reassessed, so they could be underpaid in their benefit.

In fact, PIP has achieved many of its objectives. We can absolutely see that when we look at the results. Over 1.88 million people are now in receipt of PIP. Over 225,000 more working-age disabled people are now receiving DLA or PIP compared with when PIP was first introduced, and more support is now going to those that need it the most. Over 30% of claimants are receiving the highest level of support under PIP, compared with 15% under DLA.

There has been much talk, quite rightly, about people with mental health conditions. It is really important to note that 65% of PIP recipients with mental health conditions receive the enhanced rate of daily living component, compared with 22% of people on DLA. Clearly, where we were aiming to make sure that people with mental health conditions were benefiting from this new benefit, that is happening. It is a holistic benefit that looks at a whole range of conditions with regard to people’s ability to lead independent lives.

I have consistently listened to colleagues in the House. I regularly meet charities and stakeholders to ensure that we make improvements to PIP. We have had independent reviews of PIP. We have had a Select Committee inquiry, which made many recommendations that we have accepted. We are absolutely committed, and a lot of changes have already happened.

I would like to take this opportunity to update the House on the extensive work we have been doing on implementing the reforms to PIP that I have set out and communicated regularly to the House. Starting with the beginning of the applicant’s journey, we have done work on improving communications, including making changes to the forms, ensuring that people understand that they can bring people along to support them and providing far more access for disabled people. We have independent evaluation where we engage with our PIP claimants to ask them how we can improve the process. Some 87% of them found it a positive experience, but of course other people are not finding it a positive experience, and they are the ones we are working with. We are working with individual disabled people and organisations, and we have listened and acted.

I have been asked about particular changes we have made. Over the summer, we have done a huge amount of work to get ready for a proper pilot of recording PIP assessments. I would like to say to the hon. Member for Coatbridge, Chryston and Bellshill that using the private sector to undertake assessments is not a new thing. It was brought in by the Labour party when it brought in ESA back in 2008. It was the Labour party that introduced work capability assessments and used health professionals to undertake those assessments.

Let us remember who these health professionals are: they are the nurses, physiotherapists, doctors and occupational therapists we all depend on when we go to our local hospital or engage with our local health service. Those are the healthcare professionals undertaking the process. They are highly dedicated and motivated healthcare professionals who receive very thorough ongoing training, particularly in mental health. There is a huge amount of stakeholder engagement from voluntary sector organisations that support disabled people to ensure that the assessors undertaking these assessments are completely up to date, and this is a continuous improvement process. We have also introduced a lot more guidance, support and training for our case managers. Healthcare professionals undertake the health assessments, and that information is then passed back to the Department, where experienced case managers are the decision makers.

Over the summer, I was also able to ensure that we implemented other important changes that we said we would to PIP. For people who have severe conditions from which we know, from their medical information, they will not recover, we have built on the work we have done on ESA by working in partnership with disabled people and the voluntary sector to make changes so that once people on ESA receive the highest level of support, they have a lifetime award, with a light-touch review after 10 years. We have now introduced that to PIP.

Widowed Parent’s Allowance

Debbie Abrahams Excerpts

Wednesday 5th September 2018 Commons Chamber

[Justin Tomlinson]

Actually, as part of the commitment to bringing in the new bereavement payments, we will do a full impact assessment, which will be shared with the House. One of the key changes is the additional £1,500 in the initial payment for those in a marriage or civil partnership who had children. We understand the importance of making sure that those with children get additional support.[Official Report, 13 September 2018, Vol. 646, c. 6MC.]

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I echo the calls for compassion and fairness when dealing with children affected in this way. I also gently remind the Minister that this is the seventh ruling in the last 18 months against different aspects of the Government’s social security policy. It would be appropriate for the Government to show some humility and listen.

[Justin Tomlinson]

I thank the hon. Lady, but those are the principles that govern us. The new system that we have brought in provides immediate support; it prioritises help for those on the lowest incomes; and it recognises that those with children, regardless of age, need additional immediate support. We will continue to assess both the ruling of the Court in relation to Northern Ireland and the wider implications of the new benefit.

Universal Credit and Welfare Changes

Debbie Abrahams Excerpts

Thursday 21st June 2018 Commons Chamber

[Ms McVey]

My hon. Friend has spent considerable time investigating what we do, and providing solutions and support. He is right that this is a test-and-learn process. Indeed, I ensured that that would be the focus, and it is what we will do for people, whether they are self-employed or disabled. Let me quote various charity groups that have agreed with exactly what we have done. When I made the decision—along with the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for North West Hampshire (Kit Malthouse)—to offer the housing element of universal credit to 18 to 21-year-olds, Shelter said that it was “thrilled”. The chief executive of Citizens Advice, Gillian Guy, said that the Budget changes would

“make a significant difference to the millions of people who will be claiming Universal Credit”.

If only the NAO had read her words and produced its document accordingly.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I cannot believe what I am hearing from the Government. They are in absolute denial, and not just about this report. In the past six months, there have been not one, not two, but three High Court decisions or tribunal rulings saying that the Government’s actions with regard to PIP and, most recently, with regard to severely disabled people transitioning on to UC, are discriminatory and unlawful—they have been made to change. But yesterday, the Minister for Disabled People said in a Westminster Hall debate that there was nothing unlawful or discriminatory about the Government’s actions. Does this not reflect what the UN called a “disconnect” between the “lived experience” of disabled people and this Government’s policies? What is the Secretary of State doing to ensure that the implementation of all her policies recognises these judgments?

[Ms McVey]

Again, I ask the hon. Lady to read the Court judgment. I had already made the decision on the disability premium. The Court did not ask the Government to alter the severe disability premium—we won on that point of law—so I ask the hon. Lady to digest the judgment properly. We have put in an extra £9 billion of health and disability funding to support people. In the last couple of years, we have got an extra 600,000 disabled people into work. That is what this is about—supporting the most vulnerable and helping more people into work. We have seen 3.2 million people move into work, including 600,000 disabled people. The hon. Lady should stop scaremongering. Should people have difficulties, I ask her to assist them so that they can get the best support for what they need. That is what Government Members are doing, and the figures reflect that.

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[Ms McVey]

We have said that the NAO report sadly was out of date and therefore has not taken into account all the changes that have been made. That is unfortunate, because it means that the report is not a true reflection of what is happening. It is unfortunate that the hon. Gentleman was not here for the statement, but if he reads it in Hansard tomorrow, he will have his answers on how well the system is working.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

On a point of order, Mr Deputy Speaker.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

It is exceptional to take a point of order now—normally it would come after statements—but as it relates to this, I will.

[Debbie Abrahams]

I am grateful to you, Mr Deputy Speaker.

The Secretary of State, in response to my question, incorrectly said that the Government had not been found to have acted unlawfully in relation to universal credit as it applies to severely disabled people. I have looked up that judgment. I was at court 28 when the judgment was handed down this time last week, and it is absolutely the case that, for severely disabled people transitioning on to universal credit, the Government were found to have acted unlawfully and in a discriminatory way. I would appreciate it if the record were corrected.

[Mr Deputy Speaker]

Would the Secretary of State like to respond?

[The Secretary of State for Work and Pensions (Ms Esther McVey)]

I would. If the hon. Lady read and were, supposedly, at the judgment—[Interruption.] I am giving her a get-out clause. On many of the points, the Government won. They were questioned on how moving area had impacted on people with the severe disability premium. It was not about the fundamental change that I have made to help half a million disabled people by giving transitional protection to people with the severe disability premium, which is different.

[Debbie Abrahams]

Further to that point of order, Mr Deputy Speaker. There were two judgments. The one that I just referenced, about severely disabled people transitioning on to universal credit, was upheld, and the Secretary of State needs to recognise that.

[Mr Deputy Speaker]

I will leave it at that, because it has certainly been put on the record and heard. I want to move on to the ministerial statement.

UN Convention on the Rights of Persons with Disabilities

Debbie Abrahams Excerpts

Wednesday 20th June 2018 Westminster Hall

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

It is a pleasure to serve under your chairmanship, Dame Gillan, and I congratulate my hon. Friend the Member for Canterbury (Rosie Duffield) on her excellent speech.

I will be brief because several Members still wish to speak. This debate is about the UN convention on the rights of persons with disabilities and the UN committee that investigated the UK regarding breaches of those rights. This started back in 2015, when I was the shadow Minister with responsibility for disabled people. I was interviewed by the committee, and its first report stated that there were “grave and systematic violations” of the convention. The findings published in 2016 charged the UK Government with failing to uphold the rights with which we as a signatory to the convention from 2009 had agreed to comply. The judgment was based on facts, testimony and evidence. We have been saying that we should judge things on the facts, and this judgment did just that. The Government must accept responsibility for the devastating impact of their austerity policies, which have had the biggest impact on disabled people.

For eight years, we have seen cuts to social security support—that has already been mentioned—but the convention’s judgment goes far beyond that. There have been cuts affecting disabled people who need social care and cuts to specific support for disabled people in the NHS. There have been cuts to support for those with special educational needs and disability in schools and to allowances for disabled students. The list goes on and on. We have recently debated trains, but there have been cuts to the Access for All programme that seeks to improve accessibility to train stations. There have been cuts to supported housing, legal aid and much, much more. What disabled people are going through is absolutely horrendous.

I would like to focus on a few points from the UN report. In August 2017, the UN committee met to consider whether any progress had been made since the devastating report of 2016, and unfortunately it said, “No, there is no progress. You are not a global leader on disability rights.” In the recent debate on the European Union (Withdrawal) Bill, there has been a fundamental disagreement about upholding rights, because of the failure to support the charter of fundamental rights that gives more protections under domestic law to disabled people.

[Bill Grant]

Will the hon. Lady give way?

[Debbie Abrahams]

I am sorry, but I will not give way because my colleagues still wish to speak.

The UN committee stated that cuts to social protection in the UK were “a human catastrophe”—a catastrophe! The UK’s human rights watchdog stated that the examination by the UN had seen a “disconnect” between the UK Government’s replies and the “lived experiences” of disabled people. That is what we are hearing, despite Government Members saying that everything is hunky-dory. In conclusion, the rapporteur stated that the committee was

“deeply concerned about the lack of recognition of the findings and recommendations of the conducted inquiry”.

The Government have said that they will not act on that report, but it is not the only such report. Indeed, the Council of Europe has also stated that it has significant concerns regarding upholding the rights of disabled people.

The Minister has said that the Government will set up a new inter-ministerial group to co-ordinate work across the Government and seek to reinvigorate our engagement with disability stakeholders to help shape our plans. Will she confirm what that engagement will involve, including which deaf and disabled people’s organisations will be engaged, as repeatedly recommended by the UN? Will she publish details of the membership and terms of reference for that group and say whether it will extend to the Department of Health and Social Care? There are real concerns that the consultation on the Green Paper on adult social care, which includes support for disabled people, is failing to engage with DDPOs.

The response to a question that I asked in the debate on social care on 25 April shows a complete lack of understanding about article 19 of the convention and what is meant by independent living. Last year, the UN disability committee brought out a general comment on article 19, in which it referred to how institutionalisation can occur in people’s own homes. People can become isolated and separated from society if they are not given that basic support, and we are effectively seeing the re-institutionalisation of disabled people due to current cuts to social care. Waiting until autumn to see the Green Paper on adult social care, as has been suggested, is not good enough. Some £7 billion has been cut from social care, and 1.2 million people, including disabled people, are not getting the support they need. To their shame, the Government’s failure to recognise and act on the social care crisis is affecting our most vulnerable citizens.

Finally, will the Government consider producing a cumulative impact assessment of all their policies on disabled people and their impact since 2010, as recommended by many organisations? It is time for a different approach, and that is summarised in the manifesto that we developed with and for disabled people: “Nothing about you, without you.” I know my hon. Friends are building on that commitment, which includes scrapping current disability assessments and replacing them with an holistic, person-centred approach that is based on the principles of dignity and inclusion. We have already committed to incorporating the UN CRPD fully into UK law—something that was rejected by this Government. We believe that, like the NHS, our social security system is there for every one of us. Nine out of 10 disabled people have become disabled—their disability has been acquired. We should recognise that that could happen to anyone and ensure that the support is there. It is time for things to change, and I hope the Minister will reassure us that that will happen.

[Several hon. Members rose—]

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[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

It is a pleasure to serve under your chairmanship, Dame Cheryl, particularly given all the excellent work you have done over the years for people with autism and on the all-party parliamentary group. I thank the hon. Member for Canterbury (Rosie Duffield), who made an excellent, detailed and thorough speech. The empathy she feels for her constituents and the hard work she will do in the constituency on their behalf were clear. I particularly thank her for bringing this important debate to be heard today.

I thank all the hon. Members who contributed by reminding us that some progress is being made, particularly in employment and with the Disability Confident scheme, and that further employers are signing up. It is important that we make progress with that scheme, but I would caution that I am aware that an employer can sign up and, I believe, reach the full level without employing anyone with a disability. Further progress is required in that regard.

I also thank all hon. Members who contributed for outlining the widespread failings in the system, giving constituency case examples to show the impact on the people they are trying to help, and highlighting where the issues lie—not simply to berate the Government, but to suggest areas where we need to work collectively to take things forward. We must work collectively to improve the lives of people with disability across the United Kingdom, to ensure that they reach their full potential.

We are all aware that the reason we are here is that the optional protocol allowed the United Nations committee to investigate a state party if it received “reliable information” of “grave or systematic violations” of the convention. The UK is the first country to be investigated by the UN under this convention. I believe that brings great shame, but it is also a warning and a call to improve where we are. We must grasp that and stridently take it forward. The report published on 6 October 2016 found that reforms have led to grave and systematic violations of the rights of persons with disabilities, emphasising in particular changes to housing benefit entitlement, eligibility for PIP and social care, and the ending of the independent living fund.

I am aware that the Government have challenged the veracity of the report, but it must be said that it was based on thorough research, with visits across all four nations of the United Kingdom, interviews with more than 200 people and the collection of more than 3,000 pieces of documentary evidence. Where facts were disputed, they were cross-checked with collateral sources, including national statistics and parliamentary inquiry reports. Although hon. Members may wish to challenge the report, it is thorough and detailed. While the Government have not conducted the cumulative impact assessment on disabled people to challenge the report, we have to take it and its findings and view them very seriously, and ensure that the system is overhauled in a positive way that changes the lives of people with disability.

The subject of welfare benefits has been thoroughly covered today, so I will just touch briefly on it. The Access to Work fund is a good scheme, but it requires much further publication to increase awareness. Many people in my constituency and beyond, whom I have spoken to through the all-party parliamentary group for disability, were not aware of it. Where a scheme has the potential to assist people, we should ensure that they can access it.

[Debbie Abrahams]

The hon. Lady is making an excellent speech and her point about Access to Work is absolutely right. Of the 4 million disabled people who want and are able to work, 25,000 have had support through Access to Work on a yearly basis. It is just not adequate.

[Dr Cameron]

Perhaps, where things are assisting, we need to look at rolling them out and generalising them to ensure that those who need that system can access it. It is an irony indeed that people cannot access Access to Work.

I will speak briefly on the need for medical collateral information to be accepted and routinely sought in welfare assessments. I feel that often those assessments are conducted in a way that perhaps does not lend itself to getting the adequate information. People may not be aware that they can bring that information, or they may not understand the system properly, but it is crucial. Often people who come to be assessed are anxious and stressed; they may not be able to explain in the best way the extent of their difficulties, but having that collateral information can be valuable in ensuring that an accurate assessment is undertaken in the first place and the individual does not have to go through the stress of appeals processes, which have such a devastating impact.

The Scottish Government intend to place dignity and respect at the heart of the welfare system. That is obviously in transition, but it is a great aspiration and something that we should aspire to across the four nations. I ask the Minister to look at the “Ahead of the ARC” inquiry that the all-party parliamentary group for disability completed last year. It points out a number of important areas, including access to training in job sectors, particularly those that will be sectors of the future and where jobs are likely to be found. The Government have made some movements on apprenticeships, and I am grateful for that, but I think much more can be done.

Public procurement should reward businesses that provide inclusive employment opportunities, to ensure that procurement contracts are not just awarded on cost, but look at equality legislation and inclusion wherever possible. We also need to be mindful that when we think of people with disabilities, the stereotype is often that they are unemployed or work for someone else; we need to also think about maximising skills and potential and looking at further opportunities for entrepreneurs who have disabilities. That could offer a flexible work pattern, which might suit many people, but it would also harness the skills and abilities of many people who perhaps are not already in the workplace, and who wish to take that forward, employ other people and contribute greatly to our economy. Let us try to change the rhetoric.

In the minute I have left, I make a plea to the Minister on Motability. People are losing their Motability cars; is there any opportunity for people to retain their cars during the appeal process rather than losing them? I recently had a constituent who had won their appeal, but had already taken out a loan for a car, and was left with a Motability car and a massive loan at the end of the process. Surely that is not something that should be happening when the process was faulty in the first place.

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[The Minister for Disabled People, Health and Work (Sarah Newton)]

It is a pleasure to serve under your chairmanship, Dame Cheryl, as you have taken a lifelong interest in disabled people and made a personal difference by introducing the first piece of legislation specifically supporting people with autism. I congratulate the hon. Member for Canterbury (Rosie Duffield) on securing her first Westminster Hall debate. Given the way she has approached it, I am sure it will not be the last. After the Government publish our response to the UN inquiry, I will be more than happy to come back to this Chamber to debate it with her.

Before I respond to the individual points that hon. Members made, let me say that, like everyone else in this Chamber, I want to ensure that every disabled person and person with a health condition in our country has the opportunity to play a full part in society, including at work, when they can do so. Of course, there are disabled people who cannot work, and they must be supported. However, I utterly refute the allegations that the Government have discriminated against disabled people, systematically undermined and violated their human rights and, worst of all, that we are targeting their welfare support.

[Debbie Abrahams]

Will the Minister give way?

[Sarah Newton]

I have so little time and have been asked so many questions that I will not take an intervention.

The Government are utterly committed to the convention. Britain helped to develop and shape it, and we were one of the first countries in the world to sign and ratify it, in 2009. We are one of the very few nations that also ratified the convention’s optional protocol, which allows for individual complaints to be raised and permits the UN committee to investigate allegations of violations of the convention. That is what happened, and it was the first time it had happened. We were disappointed that the UN representatives who came to the UK simply did not take on board the evidence that the Government gave them and did not acknowledge the full range of support.

When we set out our response—I will set it out in full—we will clearly make our case and rebut the allegations levelled against us. We firmly believe that a disability or health condition should not dictate the path a person is able to take in life, including in society or in the workplace. That is the basis of everything we are doing to try to make sure that disabled people are able to realise their potential, including at work. We engage constructively with the United Nations and we have had constructive meetings, and I will of course meet all the reporting requirements in full.

As hon. Members will know, in line with the convention, disability is mainstreamed across the Government. I reassure everyone that we have strong legislation on our statute book to protect disabled people, through the public sector equality duty in the Equality Act 2010 and through the Northern Ireland Act 1998. Those protections are some of the strongest in the world.

The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) asked why we have not performed a cumulative impact assessment of our welfare reforms. We undertake cumulative assessments of reforms for each fiscal event, because we want to be as transparent as possible on the cumulative distributional impact of Government policies, including welfare reforms, tax changes—direct and indirect—and public spending changes. To present as full a picture as possible, we publish the living costs and food survey, which includes all the information that Members have mentioned.

All that information enables me to say clearly that the proportion of people in relative poverty in a family in which someone is disabled has not risen since 2010. These allegations that we are driving people to food banks and forcing them into destitution are simply irresponsible. The proportion of people in absolute poverty in a family in which someone is disabled is at a record low, because we are spending more than £50 billion a year on benefits to support disabled people and people with health conditions. That is up by £7 billion since 2010; it is around 2.5% of our gross domestic product and accounts for more than 6% of Government spending. As a share of our GDP, public spending on disability and incapacity is the second highest in the G7; only Germany spends more. Disability spending will be higher than 2010 in every year through the spending review. There has been no freeze in the benefits that disabled people receive, and those benefits are not subject to the benefit cap.

It is important that we hear the facts in these debates. Of course there is more we can do and of course I want to close the disability employment gap, but let us actually deal with the facts of the situation and stop this quite irresponsible talk that we have heard in this Chamber and that we hear in the main Chamber. Who will suffer because of what we have heard from Opposition Members today? It will be disabled people and their families, who will be frightened to come forward and claim the benefits and support available to them.

In my few remaining moments, I will touch on some of the criticisms that we have heard about personal independence payments and employment support allowance. PIP and ESA have been subject to a number of independent reviews, with the findings from the most recent, undertaken by Paul Gray, published last year, and to which I have published my response. I responded positively to each and every one of his recommendations. We are moving forward with continuous improvements to PIP.

The Work and Pensions Committee undertook a full inquiry into the assessment process, and it has welcomed my response and the series of measures we are taking, particularly the video recording of assessments. It is important to me that we build confidence and trust in that assessment process. We know from independent data that the vast majority of people undergoing a work capability assessment or a PIP assessment feel treated with respect and dignity, and that the system works. However, one person receiving poor treatment or not getting the right result is one too many, which is why we are so determined to implement all our reforms.

Those reforms stretch from working more closely with medical professionals, which was raised several times today, to making sure that it is easier for medical professionals to provide data to the process, that companions can support people in those assessments, that home visits are implemented wherever that could support people and that all the forms are in an accessible format. I actively consider implementing each and every suggestion put to me. I have a huge amount of stakeholder involvement with disabled people and people who represent them through our PIP forum and through a whole range of bodies under the Department for Work and Pensions. People are co-designing these benefit systems with us. When PIP was introduced, it was developed with organisations that support disabled people and with disabled people themselves. We want to make sure that PIP remains a modern, dynamic benefit and that the Government treat people with mental health conditions equally seriously as people with physical health conditions.

Many more people are being supported and helped on PIP than they ever were under the disability living allowance legacy benefit. As we know, the evidence shows that more people receive higher rates of support on PIP than on DLA. Some 30% of people moved on to PIP get the highest levels of support; the figure was only 15% on DLA. It is important that disabled people or people with disabled family members who listen to and follow these debates know that there is support for them and that they should come confidently forward to receive it, in the full knowledge that, when we come across problems with the system, we work tirelessly to improve it.

There has been talk about Access to Work. We are very keen to see Access to Work grow and develop. We recently announced that the support available to each person each year is double the average income—that is just under £60,000 per person per year to support an individual into work. It is a demand-led scheme, and I am pleased that it grew by 8% last year. This is one budget that we are happy to see grow, because it means that more people are being supported into work.

I welcome the comments on Disability Confident, which is a growing and successful scheme, and I am grateful to the hon. Members here who have signed up to it. I hope more will come next week to the launch of the community challenge, where we will ask leaders in communities—that is us, as MPs in our local communities—to spend time in our summer recess dedicating ourselves to visiting businesses and employers and asking them to become disability confident and to provide more opportunities for disabled people in their communities. I hope as many people here as possible will come along to that event and will join in with those activities.

So many questions have been asked that I have not been able to answer. I will write back in detail on every point that has been made, so that we can all work together to make sure that every disabled person in our country is truly supported to be the best that they can be and to play as full a part as possible.

Personal Independence Payments

Debbie Abrahams Excerpts

Monday 4th June 2018 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on the withdrawal of her appeals in relation to personal independence payment claimants with chronic conditions, and what further action she will be taking.

[The Secretary of State for Work and Pensions (Ms Esther McVey)]

I am absolutely committed to ensuring that disabled people and people with health conditions get the right support they need. PIP is a modern, personalised benefit that assesses claimants on needs, not conditions. It continues to be a better benefit than its predecessor, disability living allowance, for claimants with chronic conditions. Under DLA, only 16% of claimants with diabetes received the top rate, whereas under PIP 29% receive the top rate.

I carefully considered these historical cases and decided no longer to continue with the appeals in order to provide certainty to the claimants. Since withdrawing the appeals, I have provided instructions to operational colleagues to put these claims in payment urgently. These claimants will receive any backdated moneys owed, and should receive their first payment within the coming days.

These cases were decided prior to the March 2017 amending regulations—the Social Security (Personal Independence Payment) (Amendment) Regulations 2017—in which the Government clarified our policy for managing therapy under PIP daily living activity 3. These regulations are not affected by our decision to withdraw these appeals.

[Debbie Abrahams]

Thank you for granting this urgent question, Mr Speaker.

The announcement during the recess that, for the second time this year, the Secretary of State has withdrawn appeals, this time on daily living activity 3 of the PIP assessment—the component on managing therapy or monitoring health conditions—raises serious questions. I would therefore be grateful to the Secretary of State if she told me now how many people she estimates have been incorrectly assessed on the PIP daily living activity 3 descriptor who have either been denied support or have had reduced support.

Will the Department be undertaking a review of past claims relating to this descriptor to identify other claimants who may have been underpaid or denied support? If so, when will the process start and be completed? I am grateful to the Secretary of State for her reassurance that it will take days. Will additional staff be recruited to undertake this process? What assessment has the Department made of the average award to which claimants will be entitled, and when will the payments be backdated to? Will there be an appeal process for PIP claimants who are not contacted by the Department who believe that they should receive back payments? What assessment has she made of the administrative and legal costs to her Department and the public purse?

Given the Secretary of State’s concession in these test cases, does she accept that the changes made in the March 2017 PIP regulations regarding activity 3 are illegal? Given also that there is a review of 1.6 million PIP cases to identify the estimated 220,000 people who have been underpaid with regard to the mobility activity component, will the Secretary of State tell the House how many of the 1.6 million PIP claims have been reviewed to date and when the exercise will be completed? How many of the estimated 220,000 people affected have received back payments to date?

With a record of 69% of PIP decisions being overturned on appeal, it is clear that the assessment process is not fit for purpose. The recent report by the Select Committee on Work and Pensions on the process said that the assessments caused unnecessary stress and anxiety for thousands of people who have been denied support unfairly, as well as wasting public money by sending many decisions back to the courts. When will the Secretary of State get a grip on PIP, and will she immediately stop the reassessment of disabled people with progressive conditions?

[Ms McVey]

Today’s urgent question was specifically about the cases of AN and JM, on which I have given a decision. For the purposes of clarity, it was not to continue with the court case. Any other issues that the hon. Lady raised are separate, and the question of whether we move on and do other things is not for discussion today. There is a further case under way, and I am sure Mr Speaker would agree that it would be incorrect for me to discuss an ongoing legal case, so I cannot do so. However, for the claimants on whose claims this urgent question was granted, I have, for the sake of clarity, withdrawn the appeal.

We are talking separately about the mobility issue, on which I have given regular updates to the House. We have been working with stakeholders to create new guidance, and we have consulted claimants and stakeholders. We seem to be on schedule for the first payment to go out to them at the start of the summer.