Tuesday 23rd February 2016

(8 years, 2 months ago)

Westminster Hall
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Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
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It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown) for securing this important debate. Time does not allow me to reflect on all the speeches, but I thank everyone who has spoken so passionately about the casework they have come across showing that people have been disadvantaged by the changes. I hope the Minister has listened and will respond to what has been said this afternoon.

Restricting access to mobility vehicles will increase the institutionalisation and isolation of disabled people, when we should be focusing on promoting their integration and inclusion in communities. The Scottish National party is extremely concerned that taking transport away from disabled people will make it extremely difficult for them to travel to and from work. The Government have pledged to halve disability unemployment, but their policies for disabled people fundamentally fly in the face of that aim. The Motability scheme provided independence for disabled people and helped them to live as normal a life as possible. As has been said, almost 14,000 disabled people’s specialist cars have already been taken away from them following reassessment. According to Motability’s 2014-15 annual report, 70,000 people in Scotland use the service. If the current level of loss continues, 31,500 people in Scotland will no longer be able to access this vital scheme, which should shame us all.

We know that we are facing these challenges because of the Tory obsession with reforming welfare. People are losing their Motability vehicles because the eligibility criteria in PIP assessments are different from the eligibility criteria for DLA, as many hon. Members have said. The Government should listen to those who have pointed out the consequences of the changes. For example, the MS Society has condemned them, stating that the Motability scheme plays a vital role for many people with multiple sclerosis. They conducted a survey of MS sufferers and found that the Motability scheme was particularly important to sufferers, enabling them to manage their condition and live more independently, which is something that we should all support. It also helped users participate in family and social activities.

Let us look at a typical case of someone who is being reassessed. Mrs C has been in receipt of DLA since 2014, after being hospitalised for five months, and she still has serious health problems. She got her Motability car in October 2014. As DLA is being phased out, she was asked to claim PIP instead. She did so, and received a decision letter dated 1 January 2016, which told her that her entitlement to DLA would end on 26 January. It also told her that, although she qualified for the daily living component at the enhanced rate, she scored only eight points for the mobility component, four less than the number required for the enhanced rate. Because her award does not include the enhanced rate mobility component, she will no longer be eligible for a Motability car. The letter told her that she had until 1 February to ask for a reconsideration of the decision.

She submitted a letter asking for reconsideration on 20 January, and on following up, she was told that it could take up to nine weeks—until 21 March—for a decision to be made. She had been told that she needed to return the car by 16 February: that is, nearly five weeks before she was likely to know the result of the reconsideration. Mrs C did not know how she was supposed to bridge that five-week gap and was unable to make any proper plans to meet her transport needs beyond 16 February. Should she buy a wee cheap car for just a few weeks? Did she need to find the money to replace her Motability car? Can the rules be changed so that Motability vehicles remain with the claimant pending their appeal? That would be the right thing for the Government to do.

The SNP in Scotland is doing all that we can to help disabled people, who are disproportionately affected by welfare reform. New powers over disability benefits in the Scotland Bill will provide opportunities to develop different policies for Scotland that are fairer and ensure that people are treated with the dignity and respect that are lacking from this Government.

--- Later in debate ---
Justin Tomlinson Portrait Justin Tomlinson
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I will make some progress, and then we will see how much time is left.

On the wider issue of the money that we spend on disability support, we are increasing it year on year, all the way to 2020, compared with 2010. It is about £50 billion a year. We are also spending 14.6% more on supporting disabled people and people with long-term health conditions than those out of work for more than two years who are trying to find work.

The hon. Member for Mitcham and Morden (Siobhain McDonagh) mentioned a specific case involving three Departments. I have never heard of that before, which suggests that it is an isolated case. We will talk further on that and try to get to the bottom of it. Also, the hon. Member for North Ayrshire and Arran (Patricia Gibson) said that a decision was reversed on the back of a petition. That had no bearing on the reversal. I will discuss how the appeals process works later, but a petition would have no bearing on it. A decision is either right or it is wrong, and it will go through appeal. Individuals do not need to secure a petition. They may feel that it is an important part of their campaign, but it does not influence how things are done.

Motability is a fantastic scheme that was founded in 1977, following the introduction of mobility allowance in 1976. The scheme was founded by Lord Sterling, who I have had the great pleasure of meeting on a number of occasions, and the late Lord Goodman, with cross-party support that still continues today. Before Motability, there was the invalid carriage, which was a small, blue, motorised trike. It had a poor safety record and was unable to carry passengers, so it was of no use for the most severely disabled, who needed carers to drive them, or for those with children. As well as being unsociable, it was—frankly—awful-looking.

Today the Motability scheme helps about 600,000 people and they can choose from 2,600 vehicles. It comes as a “worry-free” package, with insurance and repairs included, and its average cost is more than 40% less than that of the equivalent commercial lease. I have had the pleasure of handing the keys to a Motability vehicle to one of my constituents, so, like many Members who have spoken today, I have seen what a difference the scheme makes to people’s everyday lives.

Most Motability users qualify through enhanced-rate personal independence payment mobility or higher-rate disability living allowance. A small number of people qualify through the armed forces independence payment and the war pensioners’ mobility supplement schemes, which are run by the Ministry of Defence.

DLA was inconsistent, subjective and out of step with the needs of a 21st century welfare system. The reality was that more than 70% of people on DLA had received a lifetime award, yet the conditions of one in three people on DLA significantly changed every year. Because people were on lifetime awards, time and time again those people who might not have been on the highest rate and whose conditions had worsened were not being reassessed, and so were missing out on benefits. It is no surprise that under PIP the percentage of those people who qualify for the highest rate of benefit is about 22.5%, whereas under DLA the figure was only 16%. Therefore, it is wrong to try to convey the impression that DLA was the utopian benefit; there was widespread support for its reform.

There are still things that need to be done and those things are part of our ongoing work. PIP is designed to determine awards consistently and objectively, with most people having a face-to-face consultation with an independent health professional to help them to build their case. Members should remember that the assessors are not awarding benefit; that is done by us in the Department and we set the rules and the levels of benefit. The assessors are there to help people to build their cases. So, rather than being presented under DLA with a complex 50-page self-assessment form, which many people could not do justice to, PIP is there. I have sat through PIP assessments and I have seen how the assessors help to support people, particularly when individuals have a mental health condition or a learning disability and therefore need to be guided through the process, to ensure that their case is as strong as possible.

The Government are committed to delivering PIP in a safe and secure way. Full roll-out of PIP started in July in a controlled way, allowing us to test and improve the service before scaling it up. From October, and in line with previously published plans, we began the full national roll-out of PIP. I look at the statistics twice a week. We control PIP and it has been in a settled state for about nine months now, which is widely reflected among all the stakeholder groups that I engage with. That process and the claimant journey will continue to improve. We continue to work with stakeholder groups and claimants, looking at ways to improve communication and the process. Nevertheless, it is widely recognised that the process is now in a settled state. Claims are now taking an average of 11 weeks from start to finish, which is much quicker than we anticipated when we produced PIP. As of October 2015, 611,000 are receiving PIP and new applicants to Motability are now split 50:50 between PIP and DLA.

The hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) talked about mental health. Unlike DLA, PIP considers the impact of someone’s condition on them and not just what condition they have, and it treats all impairment types equally. So, 21% of PIP claimants with a mental health condition get an enhanced rate of mobility, compared with just 10% of such DLA claimants, and 68% of PIP claimants with a mental health condition get enhanced-rate daily living, compared with just 22% of such DLA claimants. That is an example of how the improved assessment process is getting people to the right level of benefit—the level they should be receiving. We considered mental health at every stage of the design process, and that awareness has been built in to the activities that are examined.

A number of hon. Members have highlighted individual cases. Without all the evidence, it would be inappropriate for me to comment on a specific case. However, it is important to point something out. Many people have talked about a figure of 14,000 people; actually, there are now 24,000 more people using the Motability scheme than there were at the start of 2013, when we began introducing PIP. So, there are many, many more winners now, which is an important point to remember.

If people in individual cases, like those set out today, believe that an assessment is wrong, they have the option of a mandatory reconsideration, which looks at evidence afresh and allows for a late submission of evidence—

Ian Blackford Portrait Ian Blackford
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Will the Minister give way?

Justin Tomlinson Portrait Justin Tomlinson
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I am just tight on time, but if I can give way, I will. If people are still unsatisfied, they can go to an independent appeal that is separate from our Department. Those who lose an appeal, which is a relatively small proportion of the total number of claimants, have had that opportunity to present their case.

My hon. Friend the Member for Bath (Ben Howlett) made a brilliant point when he said that in a utopian world, and former Governments have tried this, as a Department we would have all the relevant information at our fingertips. However, the “supercomputer” did not quite work, which is a shame as it could have helped hugely. A lot of the appeals that are won are not won because we made the wrong decision. We made the right decision on the evidence that was presented. However, when we send out the letter explaining why an applicant has not been unsuccessful and has not received what they believe they are entitled to, it sets out why. A lot of people then go, “Oh, actually, while I submitted my GP’s”—

Ian Blackford Portrait Ian Blackford
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Will the Minister give way on that point?

Justin Tomlinson Portrait Justin Tomlinson
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I will be tight for time, but I will do my best. Very quickly.

Ian Blackford Portrait Ian Blackford
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Given the fact that in many cases people are going through the appeal process, would it not be right for them to retain the ownership of their vehicle until the appeal process is finished, rather than losing the vehicle, particularly if they live in a rural area where losing a vehicle puts them at a massive disadvantage?

Justin Tomlinson Portrait Justin Tomlinson
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I understand that point, but it is a long-standing principle that benefits are not paid pending an appeal. A negative decision means that there is no entitlement to benefits, so we would not normally pay benefits unless the decision is overturned on appeal. That is true of all Governments for all time, which is a point that the hon. Gentleman himself has made. Again, with devolution there will be opportunities to do things differently. However, as it stands, that is how things are.

Generally, decisions are overturned on appeal because additional evidence is presented. We will continue to do all we can to make it as easy as possible for people to get hold of that information, because it makes a significant difference.

For those people who are no longer entitled to Motability, there is a transitional support package, and discussions conducted by staff in my Department before I became a Minister meant that the Department was able to secure a £175 million package for transitional support. That gives significant help to DLA claimants who leave the Motability scheme. They can keep their car for seven weeks; they are allowed to buy their own vehicle; and most of them will receive up to £2,000 in benefits, which is normally enough to buy a used car. Motability helps to pay to adapt new non-scheme cars and it provides advice on matters such as car insurance. That support is paid for by donations from Motability Operations, to make things as smooth as possible.

A number of Members have powerfully raised important points. We keep a very close eye on the Motability scheme, but the overriding factor is that PIP is being delivered in a controlled and measured manner, and we are making sure that we deliver it to the most vulnerable people in society. As I have said, we see a much higher number of applicants securing the highest rate of benefit under PIP compared with the number who secured it under DLA.