Welfare Reform Bill

Fiona O'Donnell Excerpts

Wednesday 15th June 2011 Commons Chamber

[Margaret Curran]

We have reached a vital stage in our consideration of the Bill. Government proposals for the reform of benefits for disabled people have been mired in controversy and bogged down by issues that the Government have failed to address, and they have alienated many organisations of and for disabled people. Sadly, instead of listening to and attempting to understand those concerns, the Government have dismissed them and undermined the traction that they command throughout the country. So much for the new politics! Instead of continuing the previous policy and the new approach of co-production practised with care and consideration by my right hon. Friend the Member for Stirling (Mrs McGuire) when she was the Minister with responsibility for disabled people, the Under-Secretary has been steadfast in her refusal to appreciate the issues brought to her, which I will detail. I fear that her approach has alienated the voices for reform in the disability movement and in this House. As a result, we are debating a huge missed opportunity for meaningful reform. However, we are where we are, and we will debate the proposals before us and our amendments to improve them.

Let me say a few words to provide some context. Although disability living allowance is a much respected and much valued benefit, it was designed in a different time, well before measures such as the Disability Discrimination Act 2005 and the Equality Act 2010, which were introduced by the last Labour Government and which have profoundly changed the way in which disabled people participate and are recognised in society today. I acknowledge that the application procedure to make a new DLA claim—the process of self-assessment whereby somebody has to fill out a long, and at times complicated, form—is not one that many people believe to be suitable in a modern welfare state. We therefore believe, and have said consistently throughout our deliberations, that it is right to reform DLA. We welcome the Government’s decision to keep DLA as a non-means-tested, in-work benefit, and we think it is right to introduce a new, objective gateway.

Notwithstanding that, we feel that this Government have made profound mistakes and have missed opportunities in their approach to DLA reform. The whole process was kick-started by a rushed consultation. Apparently, according to the DWP website, it was one of the biggest of its kind, yet despite all those representations it yielded very few changes following the introduction of the Bill. The consultation was carried out over the Christmas and new period and was cut short. Perhaps most disappointingly of all, the Government chose to publish their proposals before it had even closed. No wonder this Minister, in particular, has a reputation for not listening. She will know that charities and the disabled people whom they represent have been highly critical of the process of reform. It did not have to be like that, and it is very disappointing that the Government did not undertake more groundwork to ensure that key stakeholders were a key part of the reform process.

While we take issue with the process of reform, we also have major concerns about its substance, and that will be the focus of my remarks. We now know that universal credit will halve support for disabled children and take away the severe disability premium for disabled people who live alone without a carer, yet put nothing appropriate in its place. Furthermore, part 4 outlines details of the new personal independence payment, with proposals to make disabled people wait half a year before they receive support and to take away the right of automatic entitlement for those with severely disabling conditions. The proposals are plainly chaotic and confused as regards the future of DLA mobility component for those in residential care homes.

[Fiona O’Donnell (East Lothian) (Lab)]

My hon. Friend has referred to the Government not listening and not understanding. Does she share my utter dismay at what the Prime Minister said at Prime Minister’s questions, when, on at least four occasions, he failed to acknowledge and understand what the Bill means, or even to see the difference between those who are terminally ill and those with cancer?

[Margaret Curran]

I could not agree more. It was staggering how ill-informed the Prime Minister seemed to be about the impact that the Bill will have on cancer patients. I will make reference to further experiences that cancer victims will have as a result of these proposals. There is worse news for them, as we will find out.

Our amendments seek to put right the wrongs in the Bill. They would make the personal independence payment a fairer, more effective and more workable component of welfare reform. That is incredibly important given the scale of the reform, with 1.8 million working-age people being assessed in just three short years. Let me begin with one of the most controversial elements of the Government’s proposals and explain the key arguments behind our amendments to clause 83, which deals with the mobility component for those in residential care homes. That policy has attracted much attention and has been the subject of much debate inside and outside the House, yet the Government’s position remains, I am sorry to say, far from clear.

The blanket cut to those living in residential care was first announced by the Chancellor in the comprehensive spending review: it is there on page 12 of the documentation that I have here beside me. For the record, that position has not changed. The cut was in the first Budget document, and it remains in today’s Budget document. Granted, it has been delayed by six months, but it is still there. The proposal was met with an outcry from disabled people, disability organisations and the Opposition. Where was the Government’s much vaunted compassionate welfare reform? Why single out this particular group? Why select perhaps one of the most vulnerable sections of society? We have heard much talk of reviews and overlaps, but let there be no mistake—unless clause 83 is amended, people living in residential care homes can have their DLA mobility taken away from them.

Let me draw to the attention of Members who may be thinking about how they will vote a briefing submitted by several charitable organisations, which says that while the Government are no longer planning to remove DLA mobility from people living in residential care, they are planning to remove PIP mobility. Members should be careful to remember that if the Government say they are not removing DLA mobility, the Bill as it stands will remove PIP mobility.

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[Margaret Curran]

The hon. Gentleman makes a very strong point. The Macmillan cancer charity, which has already had an airing in the Chamber today, makes strong representations about the impact that financial worries can have on health, including leading to a deterioration in health. It is therefore especially pernicious that the Government have come forward with this policy. Cancer and stroke victims will suffer severely from this, because they can have major changes in costs very early in their conditions. Cancer and stroke victims may not be terminal, but they can still have great needs and society needs to support them in working through the terrible and difficult circumstances they are experiencing.

[Fiona O’Donnell]

Does my hon. Friend agree that this is about more than the entitlement to DLA or PIP: it is about all the other benefits that that triggers, including carer’s allowance so that a whole family can be supported through that difficult time?

[Margaret Curran]

Indeed, and for those of us who have experience of how families struggle through family illness on lower incomes, we know how important that is. We do not want to have a society in which people who are struggling with major illnesses have to worry about how they will meet their family bills.

Cancer and stroke victims usually require help early in their conditions. As of August 2010, some 195,000 people were receiving DLA for a malignant disease or a stroke-related condition. Many in this group who are of working age may well be the very individuals who will be affected by clause 79 and the decision to lengthen the qualifying period to six months.

The extra costs will vary from individual to individual, but we can safely assume that they include key criteria such as extra fuel costs, costs associated with aids, adaptations and special diets, and extra costs of washing clothes and such like.

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The Government have listened, however, and they have said that they no longer plan to remove the mobility component of the disability living allowance from all those in residential care. Instead, they have made it clear that they intend to tackle instances of overlapping funding, such as when a local authority is providing funding for someone’s mobility needs directly to a care home and the individual is also getting DLA. I hope that the Minister will confirm that that is the Government’s intention, because it is important to be clear that we are tackling the overlap of funding rather than entirely removing mobility support from people in care homes.

[Fiona O'Donnell]

Under the hon. Lady’s definition of overlapping provision for mobility needs, would she settle only for what we would expect anyone living in the wider community to have—namely, complete freedom of choice and access to transport to assist them when it suits them?

[Jenny Willott]

I am about to come to my understanding of that point. Obviously, it is up to the Minister to determine her definition, and I am sure that the hon. Lady will be able to comment on what the Minister has to say later.

I am also glad that the Government have put on hold the plan to introduce this change while comprehensive research is carried out. Any decision needs to be based on solid evidence, and it has become clear that no research has been done in the past, so no such evidence has been available so far.

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[Jenny Willott]

I have no idea whether the review will be published. I was commenting on the fact that the options on PIPs and DLA for the future should be consulted on. The Bill simply states that that will be decided in regulations, which is one reason I tabled an amendment requiring them to be subject to an affirmative resolution. The decisions will be made by regulations, which means that there is a further decision-making point. The Government will be able to publish their regulations and their intentions once they have done the information gathering and considered the funding situation across the board. At that point, I would like to see some broader involvement of people who are affected by these decisions. We will then have the information when we make a decision.

[Fiona O'Donnell]

rose—

[Jenny Willott]

I will give way one more time.

[Fiona O'Donnell]

The hon. Lady is very generous in giving way. How will this review, report and gathering of information apply to the devolved Governments of the country? How can the Minister possibly influence social care policy and NHS policy in the devolved Governments?

[Jenny Willott]

I am afraid that I shall disappoint the hon. Lady, but that is an issue for the Minister. I do not know what discussions the Minister has had with the devolved Administrations. I am a Member of Parliament for a Welsh constituency, so the issue clearly affects my constituents, too. I am sure that some discussion is going on, but the hon. Lady can ask the Minister to respond to that question.

A number of other issues are covered by the amendments before the House and have already been raised by the hon. Member for Glasgow East (Margaret Curran), including how the Government handle fluctuating conditions and the assessment requirements for PIPs. We have had a number of debates about fluctuating conditions, not least in a Delegated Legislation Committee yesterday afternoon which was attended by many Members who are in the Chamber this afternoon. Fluctuating conditions are hard to manage in the benefits system. As has been mentioned, Professor Harrington is doing work on descriptors for the work capability assessment for fluctuating and mental health conditions and on how the assessments can be improved to take them into account. I hope that the Minister can reassure us that the Government are learning the lessons from the mistakes made in the work capability assessment and that we do not replicate them when the new PIP assessment is introduced.

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[Dame Anne Begg]

I suspect that many hon. Members will want to speak particularly about the removal of the higher-rate mobility allowance from residential care, so I shall not talk about that in any detail, but I think it is merely the top of a very pernicious iceberg, and the proposed amendments attempt to allay our concerns on that. This issue has captured the public imagination because it seems so grossly unfair and because people cannot understand what kind of Government would take away the independence of the, by definition, most disabled people in our community because they happen to live in a residential home or, for those whose families might lose access to an adapted vehicle, because they happen to go to a residential school.

I want to look more widely at the Government’s reasons for seeing fit to wipe away everything that was the DLA and bring in a new benefit called the personal independence payment. Let me address the Government’s analysis, or rather their argument—I should not have said analysis because part of the problem is that there has been no proper analysis and it is very difficult to get any data to suggest that some of what they have said is true; that might be the case for individual cases, but it is not widespread. The fact that the hon. Member for Cardiff Central (Jenny Willott) had to ask for some of those data may show that the Government lumbered into the whole area without knowing the details, and that their proposals were based on some perception of prejudice, or the need to save money, a point to which I shall return.

What were the criticisms that the Government laid at the door of DLA? They said there were no regular reassessments. That is easy to sort. We can put in regular reassessments for certain people. The Government said that too many people were getting DLA for life. Is that too much of a problem? If a person is quadriplegic after a cataclysmic accident, I am not sure they will get better. The reason many people who at present depend on DLA are so frightened by the changes is that they have an award for life; they do not have to worry about more reassessments. They have gone through assessments. They know they are profoundly disabled. Anybody looking at them can tell they are profoundly disabled, so why on earth do they yet again have to go through an assessment?

Another criticism of DLA was that some people were getting it automatically based on their condition. I challenge the Minister to tell us what it is about the condition of people who cannot feed themselves, cannot dress themselves, cannot move from one seated position to another, cannot walk or go to the toilet themselves that means they have to be assessed for their need for extra costs for care and mobility. I cannot think of a reason. Why should there not be an assumption that those individuals have their extra costs for care and mobility covered by DLA? That is what it was all about.

The Government’s main argument was that DLA was not well understood. That is not my experience from talking to people who receive DLA. It was one of the few benefits they did understand. DLA was for the extra mobility and care costs associated with disability. Compare that to the confusing rules for tax credits, or the in-work benefits or disability premiums associated with jobseeker’s allowance, employment and support allowance or incapacity benefit. We could look at contributory ESA as well. Those are confusing. The one benefit for disabled people that was clear—they knew what it was for—was disability living allowance. That is what they tell me and I am sure it is what they have told the Government. The vast majority of responses to the Government’s consultation made exactly that point: people valued DLA so greatly that they were frightened they might lose it.

Another criticism the Government have made of DLA is that the form was too long and complicated. That would be easy to sort. Make it shorter, make it less complicated and maybe put it online. There were solutions.

Those are the main criticisms of DLA that the Government have come up with, but none of them could not have been solved by some changes to the existing allowance. It did not require the sweeping away of DLA and its replacement with a new benefit, with new criteria. If the criteria were out of date, some of them could have been changed, but there was and is no need to change all of them. People who depend on DLA at present as a large part of their income are terrified, because they do not know what lies ahead. If the system is as bad as, according to the Government, it is at the moment, those people are worried that whatever the Government come up with will not be suitable for their needs. I have to tell the hon. Member for Cardiff Central that the previous Government did not collect data on double-funding mobility allowance in care homes, because they were not advocating the removal of DLA from that group of people.

The things that are particularly good but often forgotten about DLA include the fact that it is an in-work and out-of-work benefit. That element will become increasingly important as the Government proceed with their welfare reforms to put work obligations on people with profound disabilities. Anyone who is not assessed as being in the support group for ESA will have a work obligation. However, if those who end up in the work-related activity group find that they no longer qualify for DLA, it will be all the harder for them to find a job or to do the work-related activity that the Government expect them to do, because the extra financing to make that possible will have been removed.

The best thing about DLA was that we had for the first time in this country a benefit that followed the social model of disability, rather than the medical model. There is a worry that the clock will be turned back. The Government call their new benefit the personal independence payment, but DLA was a personal independence payment, so they did not need to change the benefit. DLA is personalised and represents what the Government say they want the benefit system to be because it is a dynamic benefit, which means that it helps people to lead an independent life by going out to work, visiting friends and doing all the things that everyone else takes for granted. Such independence includes the ability to live in the community, which can be achieved if a person can buy in care and get someone to come in to look after their care needs. All those things exist under DLA, so why is there a need to make a fundamental change to something that was not broken? Why fix something that was working reasonably well? No one would have complained if the Government had done a bit of tweaking, but such a fundamental change makes people especially worried.

The Red Book states that the Government want to cut 20% from the DLA budget. That means that the pot will be 20% smaller, but given the cost of reassessing everyone, about which we have heard today, the reduction in payments will be more than 20%, because some of the money that would have gone to disabled people so that they could live their lives will be invested into the private company that will carry out the reassessments. Given the difficulties of the ESA, there is suspicion about the accuracy of the reassessments. Even though Professor Harrington has made recommendations, there are still fears and worries about the way in which the work capability assessment is working, and disabled people’s experience of that assessment makes them especially worried about what will happen under PIP.

[Fiona O'Donnell]

Does my hon. Friend agree that anxiety is especially high among people with mental health problems? We have recently heard reports of a number of suicides, so we need to be able to offer people reassurance about the process.

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[Fiona O'Donnell]

I am delighted to contribute to the debate. I want to speak in particular about the review and possible removal of the mobility component of DLA, or PIP as it has become, and the extension of the qualifying period for PIP from three to six months.

I listened carefully to the Minister during the whole debate. I also attended a debate in Westminster Hall where many of the issues that came up today were raised, yet it appears that we are no further on in finding an answer to our questions. The Minister seemed to think that she weakened the Opposition’s case by saying that we agreed with the need for reform of DLA, but the point Opposition Members and our Front-Bench team have consistently made is that, yes, reform is needed but the Government have got it wrong in the Bill. I often understand the rationale and politics in some of the Government’s decisions and proposals, but I really feel that the proposals in the Bill that the amendments address are actually cruel. I thought long and hard about those words.

Constituents have contacted me from cancer, mental health and disability organisations, including the Disability Benefits Consortium, which represents 50 charities and thousands of people with disabilities and their families. Their mission is clear. The DBC document states that it is to use their combined knowledge, experience and direct contact with disabled individuals, people with long-term conditions and carers to ensure that Government policy reflects and meets the needs of all disabled people. But the Government simply are not listening. When so many people have come together, the Minister should take the time, as others in the Cabinet have done, to pause and reflect. We have seen in the movements to oppose some of the measures a unity and solidarity that has never been seen before. Is it not time to pause?

[Cathy Jamieson]

Does my hon. Friend agree that the organisations she has listed would have a great deal to contribute if there was a proper official review, instead of the behind-the-scenes unofficial review, or whatever it was that the Minister described?

[Fiona O'Donnell]

I agree and I thank my hon. Friend for her contribution. I listened with interest to the speech the hon. Member for Cardiff Central (Jenny Willott) made about her amendment. [Interruption.] She is thanking me now, but she may not thank me when I have made my comments, although I shall again try to be careful. It is extraordinary that a member of the Government should support legislation and an amendment, yet time and again blatantly admit that she did not know what the Government were proposing. The hon. Lady kept pointing us in the direction of the Minister, saying that she would answer our questions. She was not in the Chamber for the whole of the Minister’s speech, so I have to tell her that the Minister did not answer the questions.

[Jenny Willott]

I want to make it very clear that I was here for the whole of the Minister’s contribution. The questions I referred to the Minister were about what she was doing. Clearly, as a Back-Bench Government Member, I am not privy to that.

[Fiona O'Donnell]

In that case, I suggest that the hon. Lady holds back her support for the Government until she knows what they are going to do. She spoke to us about the review, but when she looks at the record she will see that she thought it entirely appropriate for disabled people not to play a part in it. The Government ask us to have confidence in this information-gathering review, but its findings will be secret, disabled people will not be part of it and there will be no consultation on it. The hon. Lady thinks those are reasons for us to have confidence. I see Members on the Government Back Benches putting their heads into their hands, and well they may. These are the facts. What is being presented to the House is clearly unacceptable.

[Charlie Elphicke]

I thank the hon. Lady for her great courtesy and generosity in taking interventions, and for her old-fashioned charm in giving way—[Interruption.] Her modern charm.

The issue is not about taking things from people; it is about double-counting, so that we ensure that our scarce state resources are as well directed as possible. Surely that must be the right approach.

[Fiona O'Donnell]

As someone who became a Member only recently, I would rather that I was not called old-fashioned just yet. The hon. Gentleman completely misses the point.

On how people will be affected by the change to the mobility component of DLA, there is a genuine and general lack of understanding of what residential care is about and the experiences of the people living in it. I was worried that the Minister used the word “overlap” again and again, because we do not know what that will be or how it will be defined. As my hon. Friend the Member for Edinburgh East (Sheila Gilmore) asked, will it be defined on a group basis or individually? We are asked to have confidence that people will have the same choice, flexibility, independence and dignity in their lives, but I do not think that I can do so on the basis of what I have heard from the Minister.

I worked for a number of years in a residential home in Perthshire called Upper Springland, which is owned and run by Capability Scotland. If hon. Members and the Minister in particular want information about what the reform will mean, I suggest they read a report that was commissioned by Capability Scotland and the Margaret Blackwood housing association called “How am I going to put flowers on my dad’s grave?”. I shall not apologise if I become a little sentimental in the next part of my speech because I want to talk about some of the people I met in that residential home.

I do not judge people for not really understanding what a residential home is about because when I arrived at Upper Springland, it was not what I expected. People had not only a front door through which staff could enter after knocking, but a back door. It was entirely appropriate that they came and went without us knowing their movements. Sometimes they did not come home at night, in the way that many of us might have done in our misspent youth, but accessing that kind of information was no business of ours. Many people—I was glad that the hon. Member for Waveney (Peter Aldous) raised this point—had come from as far away as Wales to live in Perth at Upper Springland because it was such a centre of excellence. This is the point at which I need to know what the Minister means by “overlap” because I remember how important it was to Fiona, that young woman from Wales, that she could attend her father’s funeral service.

Upper Springland had several adapted buses as well as individual cars that residents could use. There were regular trips to Perth so that people could access shops and occasional drivers were on duty at the weekend. However, it did not go as far as to provide a service to Fiona that would allow her to travel back to Wales to be at her father’s funeral. Would the Minister see the service at that residential home as duplication? Would she have removed Fiona’s mobility component, meaning that it would have been virtually impossible for her to attend her father’s funeral?

[Stephen Lloyd]

I hope the hon. Lady accepts that my determination and passion about, and commitment to, people with disabilities are perhaps equal even to hers. As I have listened to the debate, and especially to the previous few speakers, I have become frustrated by hon. Members’ assumptions that everything that the Government are doing is bad and for the worst reasons. She cites the example of a funeral as if to intimate that that would not be covered. I think that is scaremongering. I ask that she thinks carefully about the language she uses.

[Fiona O'Donnell]

I absolutely will not withdraw my comment. This is not scaremongering. I am setting out exactly the kind of concern that has been raised in a report commissioned by two of Scotland’s leading disability charities. If the hon. Gentleman thinks that those charities would be as irresponsible as to carry out scaremongering and to frighten the people who form part of their organisations—the people for whom they stand up—it is he who has something to answer for.

[Mark Durkan]

Does my hon. Friend agree that if people should be scared by anything, it should be not her question but the lack of the right answer from Ministers?

[Fiona O'Donnell]

I thank the hon. Gentleman for his support.

Let me talk about a few of the other people who lived at Upper Springland. David had no voluntary movement of his arms and legs, and a little movement of his head. He had no verbal communication. He was completely dependent but he had an incredibly active mind. He was able to communicate through an auxiliary voice and communication system. When he asked to have some swear words programmed into his computer, it caused some discomfort for the rather old-fashioned manager of the residential home as David wandered around the corridors telling everyone to “Eff off!”

David had come from Edinburgh to Upper Springland because of its excellent reputation. He would love to return home on visits to see his family. I personally accompanied David on his last visit to his father before his father died and also to the funeral. I have genuine concerns about that. The Secretary of State shakes his head, but unless we get a definition of what the overlap means, how can we have any confidence? The organisations out there representing people with disabilities do not have confidence in the proposal, so the Secretary of State has no reason to shake his head.

There was another young woman called Joyce who was not only active—she played a sport called boccia and travelled around the world—but had a job for a few hours a week so that she did not lose her benefits, and volunteered in various organisations. To support her to do that, she needed the flexibility to be able to book her own taxi to go to work and to participate in the other activities. There was Maggie, who refused to travel in the transport available at the centre because there was a great big sign up the side of the vehicle which said “Capability Scotland” and she did not see why she should be branded, but going to church every Sunday was very important to Maggie.

These are people I cared about and people I cared for. I fear greatly for what will happen to them and what their future lives will be like if the House does not support the amendments.

I have been critical of the Minister and other Members on the Government Benches, saying that they do not understand what disability and residential care mean. I heard the Prime Minister in one session of Prime Minister’s questions talk about people in residential homes. Then, it was an anomaly between them and people in hospital. Now the Prime Minister seems to acknowledge that residential care is a social model, not a medical model. He has said that the DLA mobility component is not being removed, but the evidence in the Red Book is that it will disappear, so I am not reassured even by a six-month stay of execution.

We must ensure that people continue to have the same choices as people living outside residential care homes. I do not like to talk about people living in the community, because people who live in residential care homes are also part of our community. What evidence is there of an overlap there? Charitable organisations provide access to vehicles, so is the Minister going to assess whether there is an overlap there as well?

People in residential care make the same choices as we do. How many of us do not need a car? We could use public transport, but for those people to buy an outdoor electric wheelchair, which they would not be entitled to under the NHS assessment, makes all the difference to their lives. Why should they not have that choice? It is not just about Motability cars. It is also about people who have entered into contracts and loans to pay for those electric wheelchairs. All these months on from the Westminster Hall debate, we still do not have an answer from the Minister about what will happen to those people.

A further topic that the Minister has not addressed—the hon. Member for Cardiff Central had great hopes that she would talk about it today—is the situation in respect of the devolved Governments of the United Kingdom. If the Minister has any expectation that there will be regulation of residential care homes or a duty placed on them to provide a service to people with disabilities, if she thinks she can compel the NHS to start providing more mobility adaptations to people with disabilities, and if she believes in the universality of the benefit, how can she ensure that people in Scotland will always retain the same benefits as people in the rest of the United Kingdom? She did not clarify that, so I would like to give her the opportunity now to intervene and answer that question. [Interruption.] No?

[Mr Reid]

Will the hon. Lady give way?

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[Fiona O'Donnell]

All right; someone else will speak.

[Mr Alan Reid]

(Argyll and Bute) (LD): Surely the hon. Lady, as a Scottish Member, knows that it is up to the Scottish Parliament to decide on devolved matters. That is what devolution is all about. It is up to the Scottish Parliament to decide whether it provides that benefit or not.

[Fiona O'Donnell]

I know that. I am questioning whether the Minister understands that that is the situation we find ourselves in and the impact it will have. Will the review include Scotland and the other devolved areas of the United Kingdom?

[Maria Miller]

Yes, we do talk with the devolved Administrations, but I say to the hon. Lady that the point everyone is making is that many other hon. Members would like to speak.

[Fiona O'Donnell]

I absolutely take heed of that and apologise if I have taken too much of the House’s time, but I feel passionately about this issue. I will bring my remarks to a close by saying that I hope hon. Members will walk through the Lobby with us to vote in favour of the amendments that my colleagues and hon. Friends on the Front Bench have tabled.

[Mr Reid]

I had wanted to speak tonight on my concerns about the proposal not to make any personal independence payment for the first six months, but I will speak about that later. Further to what the hon. Member for East Lothian (Fiona O'Donnell) has just said, my understanding of the Government’s position is that there is an overlap, and it is perfectly correct that where an overlap has been identified we ought to have a review. It is also important to stress that we are not abolishing the mobility component for people in care homes by voting against the amendment tonight; we will be voting to give the Government the power to make regulations.