Oral Answers to Questions

Justin Tomlinson Excerpts

Monday 7th October 2019 Commons Chamber

[Mrs Madeleine Moon (Bridgend) (Lab)]

1. What progress her Department has made on its review of how the benefits system supports terminally ill people.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

I understand how important it is to support those nearing the end of their life, and I am taking the evaluation forward as a priority. We have made progress on all areas of the work announced by the previous Secretary of State on 11 July. As a next step, we will be holding a workshop event on 29 October to gather key stakeholder views.

[Mrs Moon]

The Scottish Government have already done this work. They have talked to the medical profession, the third sector and patients. My Bill to implement a system in England and Wales is ready to go. Why are we not pushing ahead? Is this not just delaying the terminally ill from being able to access terminal illness benefits?

[Justin Tomlinson]

I pay tribute to the hon. Lady, who has been a tireless campaigner in this area, building on her personal and professional experience. I have met with her on several occasions, including as part of this work. We want to get things right. We understand the importance of the issue, and we are doing internal research with clinicians and external research with claimants and stakeholders. We are also looking at international research, which will include what the Scottish Government are doing, and we will be concentrating on the process to ensure that it is improved. This is an important area.

[Several hon. Members rose—]

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Thank you, Mr Speaker.

This Government are stringing terminally ill people and their families along. They already have the evidence from stakeholders and from what is happening in Scotland. When will they do what they should for these people and their families and scrap the six-month rule, get implicit consent in place, and make the situation one of fairness and dignity for people who are dying?

[Justin Tomlinson]

I pay tribute to the hon. Gentleman for his work as chairman of the APPG. We do take things seriously, which is why we are doing this thorough evaluation. We are already working with organisations such as Marie Curie, the MND Association, the Royal College of Nursing, the British Medical Association, Hospice UK, the Association for Palliative Medicine, Macmillan, the Queen’s Nursing Institute and Sue Ryder. We must get the balance right so that those who should be getting fast-track access to support are always prioritised, and we will be doing a thorough evaluation to ensure that we get that right.

[Sir Vince Cable (Twickenham) (LD)]

17. Is the Minister aware that there can be severe financial stress for the carer when a terminally ill person dies? One of my constituents was forced into serious debt as a result of missing payments after trying to migrate from the carer’s allowance and premium to universal credit. Where is the promised ministerial guidance on this sensitive subject?

[Justin Tomlinson]

Part of the evaluation is about looking at the whole process, including not only the six-month rule but the process before and after. I believe that there has been a case in the right hon. Gentleman’ constituency, so it would be helpful to have further information on that as part of the evaluation.

[Several hon. Members rose—]

[Grahame Morris (Easington) (Lab)]

2. What recent assessment her Department has made of the (a) accuracy and (b) efficiency of contracted-out health assessments for (i) employment and support allowance and (ii) personal independence payments.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

We are committed to ensuring that individuals receive high-quality assessments as part of the suite of evidence that decision makers can use to decide entitlement. Providers are closely monitored against a range of measures, including through independent audit, to improve the accuracy of the advice they provide to decision makers. We continually look to improve the efficiency of the assessment process by working closely with providers.

[Grahame Morris]

I listened intently to the Minister’s response, but my constituent has a series of complex and debilitating medical conditions and had been in receipt of disability benefit since 1994. At 60, when she had expected to retire, the Department for Work and Pensions declared her fit for work. Given that 74% of fit-for-work decisions were overturned on appeal in 2018-19, what confidence can the Minister give my constituent that there is equality and consistency of decisions on work capability assessments and, indeed, that the decision-making process is correct?

[Justin Tomlinson]

We strive to get the right decision first time, but we have to do much more to speed up the appeal process in the minority of cases where that does not happen. That is why we launched a series of pilots in the spring of mandatory reconsideration centres for both personal independent payment and work capability assessment, to ensure that we proactively gather the additional written and oral evidence that is often presented at the end of the independent appeal process, speeding up the process of ensuring that people get the right decision quickly.

[Sarah Newton (Truro and Falmouth) (Con)]

I know the Minister is determined to see improvements in how decisions are made. Will he kindly update the House on the progress on introducing a single assessment service, which will greatly help the situation?

[Justin Tomlinson]

I thank my hon. Friend for raising that. She works tirelessly in this area and is held in great respect by all Members on both sides of the House.

The integrated assessment is looking at how, with the claimant’s permission, we can share the evidence they have already gathered. We know that the majority of successful appeals contain additional written and oral evidence, often because the claimant had previously struggled to get that evidence. If the evidence is already in the system, we should be making it as easy as possible for the claimant to use it a second time.

[Frank Field (Birkenhead) (Ind)]

Might I meet the Minister immediately after questions to give him a file of photographs of constituents who have failed to get any mobility component, even when they have foot bones coming through their flesh like in the photo I have here, so that we can have an urgent meeting to discuss how the procedure that we all wish to see is not currently operating?

[Justin Tomlinson]

I would be very happy to meet the right hon. Gentleman, who has a huge amount of expertise in this area. Of those who have transferred from disability living allowance to PIP, there are 144,000 claimants who were not on enhanced mobility under DLA but who now are under PIP.

[Sir Desmond Swayne (New Forest West) (Con)]

If a 16-year-old’s DLA stops before PIP starts, should not the contractor be made liable for the maintenance of that child until the PIP settlement is determined?

[Justin Tomlinson]

The two benefits link through together. It is set at 16 to allow time for adaptation, and we continue to work with stakeholders to make sure the process is as straightforward as possible.

[Marsha De Cordova (Battersea) (Lab)]

Figures recently published by the Department reveal that disabled people are being forced to wait up to 69 days for their mandatory reconsideration for PIP. This process is a barrier to accessing vital social security and, for many, is a deliberate delay to the appeal process. As 85% of MR decisions are upheld, almost three quarters of PIP assessments are overturned on appeal. Will the Minister lay out his plans to improve this failing process, or will he follow Labour’s lead and scrap this unfit-for-purpose assessment?

[Justin Tomlinson]

The hon. Lady is absolutely right to highlight the need to improve mandatory reconsiderations, which is why we brought forward the pilots in the spring. The pilots are proactively gathering the additional written and oral evidence that was often presented at the end of the independent appeal process, which would sometimes take a year or even longer—that was not acceptable. We have been doing this over the summer, and we are now doing it for all PIP and work capability assessments. I attended a PIP mandatory reconsideration in Cardiff over the summer, and we are seeing some fantastic results because, rightly, we are speaking directly to claimants to ask them why they are challenging a decision. That will make a big difference, and stakeholders warmly welcome it.

[Jessica Morden (Newport East) (Lab)]

3. What assessment her Department has made of the effect of the introduction of universal credit on the financial circumstances of disabled claimants.

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

18. What assessment her Department has made of the effect of the introduction of universal credit on the financial circumstances of disabled claimants.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Universal credit targets additional support at a wider group than the system it replaces, with a much higher rate for severely disabled people than the employment and support allowance equivalent. Around 1 million disabled households will gain, on average, £100 a month on universal credit compared with legacy benefits.

[Jessica Morden]

It is shameful that it took the Government 15 months and a High Court ruling to sort out payments for those with severe disabilities, but it goes on. Why does a young constituent with Down’s syndrome who is making a new claim have to wait more than three months for a full payment?

[Justin Tomlinson]

We continue to work with stakeholders and claimants to make sure the system is improved and can operate as quickly as possible. I encourage Opposition Members to support the £600 million of additional support for the severe disability premium and not pray against those regulations.

[Debbie Abrahams]

Despite what the Minister says, the reality is that a new claimant on universal credit will be £180 a month worse off as a result of disability premiums not being available. That is in addition to the increasing number of disabled people who are dying after being found fit for work or being refused PIP. When will the Government ensure that disabled people are not discriminated against and are adequately resourced, as they would be under the Labour party’s policy?

[Justin Tomlinson]

This Government are spending an additional £9 billion per year—a record high of £55 billion—supporting those with disabilities and long-term health conditions. The universal credit rate for the most severely disabled is more than double the equivalent employment and support allowance group rate, at £336.20, compared with a legacy payment of just £167.05.

[Patrick Grady (Glasgow North) (SNP)]

4. What assessment she has made of the effect of transferring to universal credit on households’ levels of financial resilience.

--- Later in debate ---

[Steve Double (St Austell and Newquay) (Con)]

11. What steps the Government are taking to increase support for disabled people.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

We have made significant progress to improve support and have seen the number of working age disabled people in employment increased by over 1 million in the last six years. However, we continue to focus on improving our services for those who use them. This includes the current consultation on measures aimed at reducing ill health-related job losses.

[Steve Double]

I thank the Minister for that answer. What specific help is available to young people with disabilities to support them into work?

[Justin Tomlinson]

My hon. Friend is right to highlight this very important area and I am very proud that I helped to champion disability apprenticeships. Through the Access to Work scheme, which is now seeing record numbers benefiting, we saw a 34% increase in 16 to 24-year-olds using it, opening up more opportunities for employment.

[Marsha De Cordova (Battersea) (Lab)]

The catalogue of the Department for Work and Pensions’ own failings has created a hostile environment for disabled people. Figures released this year show that almost 6,000 people died within six months of being found fit for work. The announcement of the new independent serious case panel lacks any meaningful detail, terms of reference or purpose. Will the Minister confirm whether the new panel will review previous social security benefit deaths, and will he set out what the statement of purpose is for the new independent panel?

[Justin Tomlinson]

We work all year round with claimants, stakeholders and charities—organisations with real-life experience—to help to improve not only the training but the understanding of all areas of disability and health conditions. We back that with genuine financial support. The Government now spend £55 billion a year, 2.5% of all Government spending and 6% of GDP—a record high, at £9 billion in real terms, to support people with disabilities.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

13. How her Department verifies the identity of universal credit claimants who do not have a (a) home, (b) bank account, (c) driving licence and (d) passport.

--- Later in debate ---

[Dr Sarah Wollaston (Totnes) (LD)]

T2. Last month, I met my constituent Dr Karen Gilmore, a specialist in pain management, and several of her colleagues and members of the independent assessment service. We discussed how the personal independence payment assessments in particular do not meet the needs of people living with chronic and severe pain. Will the Minister meet Dr Gilmore and me to discuss how we can improve these assessments?

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

I would be very happy to meet the hon. Lady and her colleague. We are determined to continue to improve PIP—31% of claimants now access the highest rate of support, compared to just 15% under the legacy benefits—but I would welcome any additional information.

[Tim Loughton (East Worthing and Shoreham) (Con)]

As we have heard, many 1950s-born women have now reached the age at which they expected to receive a pension but are not, and many are struggling. Given that the judicial review is now out of the way, will the new Secretary of State agree to meet me and my co-chair of the all-party group on state pension inequality for women, the hon. Member for Swansea East (Carolyn Harris), to discuss the proposals in the transitional arrangement document we produced? Can she also give us an estimate of how many women are affected in this way and whether they are in work?

--- Later in debate ---

[Peter Heaton-Jones (North Devon) (Con)]

On Friday, I visited the new Barnstaple Work Club, a fantastic initiative giving support to those seeking employment, particularly those with disabilities. Will the Minister join me in welcoming this new initiative and in thanking the volunteers as well as Barnstaple library for hosting it?

[Justin Tomlinson]

It would be a pleasure to thank those volunteers doing so much to create new opportunities for disabled people, which is something I know my hon. Friend, as their MP, regularly champions, as I have seen at first hand on some very good visits there.

[Peter Grant (Glenrothes) (SNP)]

T4. This morning, at the start of Challenge Poverty week, the Joseph Rowntree Foundation published a report entitled “Poverty in Scotland 2019”, which looks into some of the reasons why poverty levels in Scotland are not quite as bad as those in the rest of the United Kingdom. One of the major factors that it identifies is the much greater availability of affordable housing, and, in particular, the impact of nearly 20 years of council house building, and the fact that the Scottish Government have built 87,000 affordable houses since 2007. Does the Minister agree that, while he may claim that work is the best way out of poverty, unaffordable housing is a sure-fire way into poverty? Will the UK Government learn the lessons of what is happening in Scotland, and make social and council housing something to be celebrated instead of something to be demonised?

--- Later in debate ---

[Kate Green (Stretford and Urmston) (Lab)]

T8. What training is in place to make jobcentre and other DWP staff properly aware of the needs of claimants with learning difficulties? A claimant in my constituency has been left with just £40 a month to support his family because of the lack of support that he received in a jobcentre.

[Justin Tomlinson]

I thank the hon. Lady for raising that important issue. We have doubled the number of disability employment specialist advisers, and we are ensuring that we do everything in our power to identify claimants who need additional support. That is a real priority for us.

[Tom Brake (Carshalton and Wallington) (LD)]

T9. What assessment has the Secretary of State made of the impact on DWP budgets of the failure to promise to uprate pensions for UK citizens in the EU for more than three years, and also to guarantee their healthcare for more than six months, in a no-deal scenario?

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

People with a terminal illness want the choice of whether to work or not, and they should expect help and support from their employer. Does the Minister support the TUC’s Dying to Work campaign, which asks businesses to sign up and promise not to sack employees who have a terminal illness, and will she encourage more businesses to sign it?

[Justin Tomlinson]

The TUC has done really good work here. We are working with employers to highlight the importance of making those sorts of changes, and this is an area where I am sure there would be cross-party support.

[Ronnie Cowan (Inverclyde) (SNP)]

There are over 5,700 WASPI women in Inverclyde. Many have worked their entire adult lives. They have paid their dues and they were expecting a pension, not a benefit. If we mucked around with MPs’ pensions in the same fashion, many Government Members would be standing and asking questions. Will the Secretary of State commit to undertaking an impact assessment for all women affected by changes in the state pension age and, once completed, offer a payment acknowledging any disadvantages caused?