Oral Answers to Questions

Justin Tomlinson Excerpts
Monday 25th January 2021

(3 years, 3 months ago)

Commons Chamber
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Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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What steps her Department has taken to provide financial support to disabled people who are required to shield during the national lockdown.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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People who are advised to shield and are unable to work from home may be furloughed. Those who are not furloughed may be eligible for a range of other financial support, including statutory sick pay and new-style employment and support allowance, both of which remain payable from day one of a claim. Where eligible, a claim may also be made to universal credit.

Justin Madders Portrait Justin Madders
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Many disabled people are on legacy benefits, which of course means they have not had the £20 a week universal credit uplift that has been made available. As the Government did not vote against our motion last week to retain that payment, I presume that they understand the value of retaining it, so will they now do the right thing and ensure that all disabled people have access to that extra cash?

Justin Tomlinson Portrait Justin Tomlinson
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We have shown as a Government the support we are providing, including over £9 billion of extra welfare support. Those on legacy benefits will have benefited from the annual uprating. Depending on individual circumstances, if a claimant would be better on universal credit, they can look to transfer over.

Bill Esterson Portrait Bill Esterson [V]
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There are 2.2 million people who are having to shield. Many disabled people cannot work from home and do not qualify for furlough, and sick pay is only £95.85, which does not even come close to the definition of doing what it takes to look after people, which the Prime Minister tried to use on Thursday. May I push the Minister not to give the same tired answer about what he has done for other people but to answer the question that my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) has just asked? When are the Government going to give support to disabled people so that they can be protected and stay at home?

Justin Tomlinson Portrait Justin Tomlinson
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The level of statutory sick pay is just part of the safety net; people may also be eligible for new-style ESA or universal credit, and for those disabled people who are looking to work from home, we have extended the support that is available through Access to Work, allowing for people to have additional support for their needs or equipment. That is something that we will keep in place beyond covid.

Virendra Sharma Portrait Mr Virendra Sharma [V]
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I thank the Minister for his response, but it was not very satisfactory, so I will give him another opportunity to give a more concrete answer. When will he end the discrimination against disabled people and offer the same uplift that universal credit claimants have been given to legacy claimants on employment and support allowance and jobseeker’s allowance, which disproportionately support the disabled?

Justin Tomlinson Portrait Justin Tomlinson
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Further to the principle that if a claimant could be better off on UC than on legacy benefits they have the ability to apply to go on to UC, as a Government we have increased support for people with disabilities through the main disability benefits by an extra £3 billion in real terms since 2010. We are proud of our record.

Stephen Timms Portrait Stephen Timms (East Ham) (Lab)
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But people claiming severe disability premium cannot switch to universal credit; they are not allowed to. The costs facing many in that group have increased by more than average during the pandemic. Why is that particular group denied the £20 a week increase?

Justin Tomlinson Portrait Justin Tomlinson
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The SDP gateway comes to an end in a couple of days, so those claimants will also be able to see whether they would be better off under universal credit. However, as I said, it is part of the wider support available, and those with disabilities in particular will have benefited from the annual uprating increases in disability living allowance, personal independence payment and attendance allowance. That is how we have delivered the additional £3 billion-worth of support in real terms for those with disabilities and health conditions.

Vicky Foxcroft Portrait Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
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May I just say how utterly disappointing it is still to have no uplift to legacy benefits 10 months into this crisis? Since the start of the pandemic, shielding people have been an afterthought. The increased costs they are facing are doing untold damage to their lives, and the Government’s solution of claiming statutory sick pay is woefully inadequate. Will the Government finally do the right thing and ensure that shielding people and people having to isolate are furloughed? Guaranteed furlough from day one would help people stay home and support businesses up and down the country.

Justin Tomlinson Portrait Justin Tomlinson
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I would hope the shadow Minister welcomes the continued and extensive support the Government have provided through schemes such as furlough, the additional £9 billion in welfare support, and, specifically for those who are clinically extremely vulnerable, the second £32 million additional support provided through local authorities to help those following the shielding guidance. In these critical times, certainty is vital. Perhaps the shadow team should reflect on that with their random decision to try to cancel universal credit, which has stood up so well to support those people in the most need during these unprecedented times.

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David Amess Portrait Sir David Amess (Southend West) (Con)
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What steps her Department is taking to help ensure that people with disabilities and health conditions can safely access welfare support during the covid-19 outbreak.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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Work coaches are empowered to support claimants through the best and most appropriate channels, whether online, by phone or in person, with jobcentres remaining open to those who need extra support and are unable to interact with us on the phone or digitally.

David Amess Portrait Sir David Amess [V]
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A number of my constituents in Southend West who suffer from mental or physical disabilities do not have access to computers or the internet. Many of them rely on in-person support in normal times, through places such as the citizens advice bureau or the wonderful Kings Money Advice Centre. With many in these vulnerable groups unfortunately now shielding, what assurances can my hon. Friend give me that support is being made accessible to those without online access?

Justin Tomlinson Portrait Justin Tomlinson
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My hon. Friend is a strong advocate for supporting his most vulnerable claimants and his local advocacy groups. As I have set out, we will look at the most appropriate way to communicate with claimants, including by phone or through advocates, where they do not have access to the internet.

Katherine Fletcher Portrait Katherine Fletcher (South Ribble) (Con)
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What steps her Department is taking to enable more small business to participate in the kickstart scheme.

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Kate Osamor Portrait Kate Osamor (Edmonton) (Lab/Co-op)
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What recent estimate she has made of the average time her Department takes to process a work capability assessment referral.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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Although face-to-face work capability assessments remain temporarily suspended, we are conducting paper-based assessments where possible. We have also introduced telephone assessments and are trialling video assessments. We closely monitor processing times, and are prioritising new claims and changes of circumstances.

Kate Osamor Portrait Kate Osamor [V]
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In its latest briefing, the Child Poverty Action Group has highlighted the plight of universal credit claimants whose work capability assessments have been delayed indefinitely because they require a face-to-face assessment. These claimants have gone months without hundreds of pounds of extra support, which they need. What assurances can the Minister provide these claimants about when they will be able to access this element of universal credit?

Justin Tomlinson Portrait Justin Tomlinson
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We are doing absolutely everything we can to ensure that claimants are accessing the support as quickly as possible, which is why we introduced at pace telephone assessments and now video assessments. Wherever possible, we are also conducting paper-based assessments. We continue to do all we can, and we will return to include face-to-face assessments as soon as it is safe to do so.

Harriett Baldwin Portrait Harriett Baldwin (West Worcestershire) (Con)
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What support her Department provides to benefit recipients to help meet heating costs in winter 2020-21.

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Mike Hill Portrait Mike Hill (Hartlepool) (Lab) [V]
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According to TUC polling, two fifths or 40% of workers say they will have to go into debt or into arrears on their bills if their income drops to £96 per week, which is the equivalent level of statutory sick pay. What steps is the Department taking to ensure that SSP is set at a level that does not require people to take on extra debts or avoid paying bills?

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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I thank the hon. Member for that question. As set out earlier, SSP is only part of the wide range of support that could be available, including universal credit, new-style ESA and support through local authorities. It will depend on each individual claimant’s circumstances. Wider SSP was increased as part of the annual uprating. As part of “Health is everyone’s business”, we continue to review the rates, structure and support provided through SSP.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con) [V]
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Over a year ago, one of my constituents had her complaint accepted for investigation by the independent case examiner. Today, she is still waiting for that investigation to start. She is a single parent and is now without universal credit or tax credits for her children. This kind of hardship is often the situation for those taking their cases to the independent case examiner, and the delay is not uncommon. The average time between a complaint being accepted by the examiner and an outcome being provided is a year and a half. That is completely unacceptable, so can the Secretary of State urgently look into the operation of the case examiner and drastically reduce waiting times and ensure that complainants are properly supported throughout the complaints process?

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Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con) [V]
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I am actually in Goole, Mr Speaker. With the upcoming health and disability Green Paper and the national strategy for disabled people, it is vital that those with real lived experiences are able to shape Government policy in this area. Can the Minister assure me that that will be the case?

Justin Tomlinson Portrait Justin Tomlinson
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I thank my hon. Friend, who is a champion of real lived experience through his casework and his speeches in Parliament. I can reassure him that both the DWP health and disability Green Paper and the national strategy for disabled people will be shaped by those with real lived experiences. I know that, as a proactive Member of Parliament, he will be happy to host his own stakeholder engagement event with his local advocacy groups.

Helen Hayes Portrait Helen Hayes (Dulwich and West Norwood) (Lab) [V]
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Research from the TUC shows that statutory sick pay currently covers less than a fifth of annual earnings. Does the Secretary of State agree with the head of the Government’s test and trace programme, Dido Harding, that low levels of statutory sick pay are acting as a financial barrier to people being able to self-isolate, creating additional public health risks? What steps is she taking to ensure that statutory sick pay provides sufficient support to enable everyone to self-isolate when necessary?

Justin Tomlinson Portrait Justin Tomlinson
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As already set out, this is part of the menu of support that people could benefit from, including universal credit, new style ESA and support provided through local authorities or, if they qualify, £500 through the test and trace scheme. But on the wider point, through “Health is everyone’s business”, we have covered a range of measures to look at reforming SSP. We will publish those findings shortly, but they will look at things such as the rate, the structure and the lower earnings threshold, as well as actually dealing with the issue that people are either 100% fit or 100% sick without any phased return to work, which is something we are determined to change.

Henry Smith Portrait Henry Smith (Crawley) (Con) [V]
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The covid-19 pandemic has presented some stark economic challenges for Crawley affecting people of all ages. What support has the Department for Work and Pensions put in place to help workers get back into work across my constituency?

Diffuse Mesothelioma Payment Scheme Levy 2020-21

Justin Tomlinson Excerpts
Thursday 21st January 2021

(3 years, 3 months ago)

Written Statements
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Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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The Diffuse Mesothelioma Payment Scheme (Levy) Regulations 2014 require active employers’ liability insurers to pay an annual levy, based on their relative market share, for the purpose of meeting the costs of the diffuse mesothelioma payment scheme (DMPS). This is in line with the insurance industry’s commitment to fund a scheme of last resort for sufferers of diffuse mesothelioma who have been unable to trace their employer or their employer’s insurer.

Today I can announce that the total amount of the levy to be charged for 2020-21, the seventh year of the DMPS, is £28.9 million. The amount will be payable by active insurers by the end of March 2021.

Individual active insurers will be notified in writing of their share of the levy, together with how the amount was calculated and the payment arrangements. Insurers should be aware that it is a legal requirement to pay the levy within the set timescales.

I am pleased that the DMPS has seen six successful years of operation, assisting many hundreds of sufferers of diffuse mesothelioma. The sixth annual report for the scheme, along with the annual statistics were published on 26 November 2020 and is available on the gov.uk website. I hope that members of both Houses will welcome this announcement and give the DMPS their continued support.

[HCWS726]

Draft Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020

Justin Tomlinson Excerpts
Monday 7th December 2020

(3 years, 5 months ago)

General Committees
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Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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I beg to move,

That the Committee has considered the draft Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020.

It is a pleasure to see you in the Chair again, Mr Gray, and to serve under Wiltshire’s finest. The draft regulations, which concern policy areas within my Department and Her Majesty’s Treasury, and which apply UK-wide, were laid before both Houses on 16 November. They are required to clear the way for the legislation that will implement our new system of social security co-ordination with the EU, European economic area states and Switzerland.

The current EU SSC—social security co-ordination—regulations operate to facilitate the EU’s free movement rules. They ensure that individuals pay social security contributions in only one member state at a time, set out which member state is responsible for the payment of social security benefits, require the export of some benefits to claimants resident in the EU, and provide for the aggregation of social security contributions when claiming certain benefits and the state pension. The rules require equal treatment for citizens across the EU, overriding any domestic legislation, and have continued to apply to the UK throughout the transition period. As hon. Members will be aware, the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 came into force on 11 November, and section 6 of the Act provides a power to modify the SSC regulations, which have been retained in UK law.

Before I go into the draft regulations in detail, I will provide some further detail on the context in which they are being made. The system of social security co-ordination across the EU relies on reciprocal arrangements. None the less, the unilateral provisions retained and fixed under the European Union (Withdrawal) Act 2018 in that area would have provided a measure of short-term protection for citizens, to the extent possible, in the event that there were no withdrawal agreement in place. Now that the UK has left the EU with a withdrawal agreement, those retained provisions are not necessary. Citizens who are covered by the withdrawal agreement and related agreements with the EEA and Switzerland will be unaffected by the regulations for as long as they remain covered by those agreements. Arrangements in this area for UK and Irish nationals who move between the UK and Ireland will also continue unchanged, under a recent reciprocal agreement with Ireland.

The Government are negotiating future arrangements with the EU, similar in kind to the UK’s social security relationships with nations outside the EU. Such agreements are not, of course, as extensive in coverage as is required under the EU SSC regulations, which operate to facilitate free movement, as I have set out. That means that there will be changes in social security co-ordination policy with the EU from the end of the transition period, regardless of the outcome of the negotiations. The Government have been clear about that, including during the passage of the ISSC Act and in public communications.

Our new system will support workers who come into the UK under the new immigration system who are contributing to our economy. As the Committee will be aware, negotiations with the EU are at a very advanced stage. The Government’s position is that new rules should take effect from the end of the transition period, whether or not there is a future agreement. We still hope to secure a future agreement with the EU, including reciprocal provisions on the state pension and national insurance contributions. Good progress is being made, but of course wider negotiations are ongoing, and we have been preparing for all outcomes. The draft regulations are a core part of our legislative preparation, and will stand whatever the outcome.

We are also in discussions on future social security co-ordination rules with a number of EEA states and Switzerland. The absence of a future agreement with the EU would not preclude agreements with any EEA states or Switzerland from being concluded.

I will summarise the draft regulations. Part 1 sets out that the regulations come into force at the end of the transition period, apart from some of the amendments being remade in part 4, which will come into force on the day after the regulations are made. Part 2 revokes the EU SSC regulations retained under section 3 of the European Union (Withdrawal) Act 2018 and those unilateral fixing statutory instruments made under section 8 of that Act. The fixing SIs were, as I said, brought forward for a scenario in which the UK did not leave the EU with a deal, and they would have enabled the UK to operate some of the retained SSC regulations unilaterally, as far as possible. That means that the rules for individuals not covered by the withdrawal agreement and who move between the UK and the EU, the EEA states and Switzerland after the end of the transition period will be determined by any new international agreements that are in place—be they with the EU or with individual countries, such as that which the UK has signed with Ireland.

Where there is no provision in any international agreement or no international agreement, the relevant domestic law in each country will apply. In respect of UK benefits, this means the UK will no longer export child benefit to children living in the EU, with the exception of Ireland, delivering on the manifesto commitment. As the Government have set out previously, we expect that arrangements in relation to, but not limited to, disability and unemployment benefits will be less comprehensive in all scenarios, reflecting long-standing UK policy in that area of EU requirements. As we have also set out, industrial injury disability benefit is payable worldwide and will therefore be payable in the EU, EEA and Switzerland in all scenarios.

In respect of national insurance contributions, the change means that, where no reciprocal agreement applies, the rules on the payment of national insurance contributions for individuals moving between the UK and the EU, EEA and Switzerland will be the same as the rules for the rest of the world. That arrangement will ensure a consistent approach to the EU and the rest of the world by making sure that workers and employers have to follow only a single set of rules when moving between the UK and another country. That means that employees and their employers cannot be required to pay social security contributions in more than one country at the same time after someone’s first year overseas.

The regulations will, however, make four limited savings from the general revocation of the retained SSC regulations at part 3. First, they will save the retained SSC regulations relating to the co-ordination of benefits in kind, namely healthcare, which is a policy competence of the Department of Health and Social Care. The Department has made separate secondary legislation in respect of the reciprocal healthcare aspects of the retained SSC regulations.

Secondly, the regulations save the existing debt recovery provisions, which will enable the UK to collect overpaid Her Majesty’s Revenue and Customs benefits and social security contributions on the behalf of a foreign social security authority where the individual or the employer is present in the UK. This saving will be made so that the provisions are available only where the UK has accepted a debt recovery obligation from a foreign authority on a reciprocal basis as part of an international social security co-ordination agreement, such as that with Ireland.

Thirdly, the regulations save the retained SSC regulations to the extent necessary to provide for continued operation of the agreement on social security between the Governments of the UK and Gibraltar. It is the intention of both Governments to agree a new relationship not based on the EU SSC regulations. Once that has been implemented, this saving will no longer be required and will be revoked a later date.

Fourthly, the regulations save provisions relating to the aggregation and uprating of the state pension. This saving would not be needed should the UK reach a future agreement with the EU, EEA states and Switzerland. However, in the absence of all such agreements being in place by the end of the transition period, the saving will provide for continued state pension aggregation and uprating in the EU, EEA states and Switzerland up to the end of the financial year 2021-22. In the absence of a future agreement with the EU, the UK would seek to put in place reciprocal arrangements on social security with individual EU countries instead, some of which the UK had agreements with prior to our or their accession to the EU.

Even where such negotiations are progressing well, it may well be that the saving is needed for a short period beyond March 2022 in order to finalise and implement bilateral agreements. The saving is therefore not time-limited; it is, however, a strictly interim measure targeted at those who move to the EU, the EEA or Switzerland after the transition period while future arrangements are put on a reciprocal footing.

Part 4 makes related amendments to other EU exit legislation, including by bringing forward the day on which amendments will be made to section 179 of the Social Security Administration Act 1992 and section 155 of the Social Security Administration (Northern Ireland) Act 1992. Those amendments were previously made by the Social Security (Amendment) (EU Exit) Regulations 2019 and the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, which are not revoked by the draft regulations. The amendments were otherwise due to come into effect at the end of the transition period, and will provide the option of delivering a future agreement with the EU on social security co-ordination through an Order in Council before the end of the transition period, should that be needed.

Although the UK has left the EU, we are not leaving the European convention on human rights. In my view, the provisions of the draft regulations are compatible with the convention.

In summary, the draft regulations, which are technical in nature, will make changes to prepare the statute book for the end of the transition period, particularly in relation to preventing the unilateral export of benefits. They will deliver on our manifesto commitment to prevent people from claiming child benefit for children living outside the UK, and they will ensure that the Government have the option to make a future social security co-ordination agreement with the EU through an Order in Council before the end of the transition period, should that be needed. I commend them to the Committee.

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Karen Buck Portrait Ms Buck
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—let alone whether that deal will include social security co-ordination or whether it will replace the regulations being ended by the draft SI. It is testimony to the Government’s entire approach to the negotiations that the draft instrument has come before the Committee so late in the day and under such continuing uncertainty. The time to discuss these measures is when a deal has been secured and the future framework of co-ordination that will replace the regulations that are being ended is a known quantity, but that is not the situation that we are in.

We therefore need clarification of the implications of the draft regulations in the event of a deal and in the event of no deal. First, I am sure that the Minister will be happy to confirm that in the event of no deal, nothing in the draft regulations will in any way alter the social security protections afforded to resident EU, EEA or European Free Trade Association citizens under the withdrawal agreement.

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Justin Tomlinson Portrait Justin Tomlinson
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I thank the two hon. Members for commenting. First, on the timing, to be clear, this is a technical rectification, as part of the amendments in part 4, so that was always going to be the case. Although it is late in the transition period, good progress has been made in this area and we hope to get the deal over the line. EU negotiations are renowned for going down to the wire, and the sticking points are well documented. We do not take it for granted that there will be an agreement, and the Government are prepared for all outcomes and have been communicating to citizens the importance of being prepared for rules in this area to change in all scenarios.

These affirmative-resolution regulations offer an opportunity for the House to approve the changes we are making in social security co-ordination before the end of the transition period. It would clearly not be appropriate to continue the unilateral export of benefits that are only paid overseas due to EU rules after we have left the EU and the transition period in the absence of reciprocal provisions. The principle of reciprocity is widely recognised as the basis on which international agreements on social security are operated. Therefore, the Government would seek to put in place reciprocal agreements with member states swiftly if no agreement can be reached with the EU.

Clearly, some member states attract a higher proportion of UK state pensioners and UK-based employees than others. The UK previously had 20 bilateral agreements with the EU, EEA states and Switzerland, including reciprocal provisions on the state pension and national insurance contributions—priority areas for my Department and HMRC that cannot be effectively operated on a unilateral basis.

The Government have committed and remain committed to publishing an updated impact assessment once the outcome of negotiations is known. The relevant people covered by the withdrawal agreement are not impacted by this instrument. The measure does not impose any costs on businesses and ensures, once SSC rules cease to apply between the UK and the EU, that businesses can apply the standard rest-of-the-world rules for national insurance where no reciprocal agreements is in place.

Citizens do not need to have moved by the end of the transition period, and that has been consistently clear in communications. Those who move after the transition period and are subject to new social security rules may also be subject to new immigration residency requirements imposed by the country in question. My Department has been undertaking a communications campaign in this area since before the summer. Guidance is included in the gov.uk transition checker tool for anyone thinking of moving to the EU, EEA or Switzerland. In November, we launched advertising on post office screens in more than 250 locations across all four nations of the UK targeting those who may be undertaking activity in readiness for a move to the EU, EEA or Switzerland.

My Department is ready to implement changes from 1 January and has been preparing for a variety of outcomes while working closely and collaboratively across Government with other Departments. We have new processes in place to ensure that the right rules are applied to the right customers. While DWP policy is transferred in Northern Ireland and partially devolved in Scotland, the Government’s position is that the foreign affairs reservation applies in this context and the revocations are UK wide, and I have exchanged written correspondence with the relevant Scottish Minister on that specific point.

The regulations are an essential part of the legislative programme and have been laid in preparation for the end of the transition period as we reset our relationship with the EU. Not proceeding with this legislation would result in the UK unilaterally operating EU rules after the end of the transition period, regardless of the outcome of the negotiations. That would be undesirable for the reasons I set out in my opening speech, and I commend the regulations to the Committee.

Question put and agreed to.

Oral Answers to Questions

Justin Tomlinson Excerpts
Monday 30th November 2020

(3 years, 5 months ago)

Commons Chamber
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Emma Hardy Portrait Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
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What assessment she has made of the effectiveness of statutory sick pay during the covid-19 outbreak.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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Statutory sick pay provides a minimum level of income for employees who are unable to work. We have made temporary changes to support people to follow public health advice on coronavirus.

Margaret Greenwood Portrait Margaret Greenwood [V]
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At £95.85 a week, the level of statutory sick pay is just too low, and it excludes 2 million of those on the lowest pay. To qualify for the Government’s test and trace support payment, people need to be receiving social security payments like universal credit; according to the Resolution Foundation, seven out of eight workers will not qualify for it. What assessment have the Government made of the number of people who are ineligible for either statutory sick pay or the test and trace support payment? Will they commit to increasing the level of statutory sick pay and extend it to everyone, including the low-paid and the self-employed?

Justin Tomlinson Portrait Justin Tomlinson
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Those required to stay at home by NHS Test and Trace could be eligible for the additional £500 of financial support if they are on UC, working tax credits, employment and support allowance, jobseeker’s allowance, income support, housing benefit or pension credit, and that is just part of our wider targeted welfare safety net.

Gerald Jones Portrait Gerald Jones [V]
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For testing and tracing to work effectively, people need the reassurance that they will be able to feed their families. Statutory sick pay is not adequate to support people who need to self-isolate, so will the Minister give us hope that the Government will provide the necessary support to allow people not to have to choose between their health and their livelihoods?

Justin Tomlinson Portrait Justin Tomlinson
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The hon. Member is right to highlight the importance of this matter, and that is why statutory sick pay is part of the wider targeted financial support that we offer. Depending on eligibility for individual households, they could also get support through universal credit, new-style ESA or the self-employed income support scheme.

Emma Hardy Portrait Emma Hardy [V]
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I have been inundated with constituents contacting me about low statutory sick pay and problems claiming the isolation benefit. One said:

“I work as an agency nurse. If I don’t work I don’t get paid. My husband tested positive who works and so I had to self-isolate. I fulfilled 3 of the 4 isolation criteria so I didn’t get a penny. As a result I have lost 2 weeks wages. I am NOT happy. I can very easily see why people don’t bother to get tested and go into work even if they have symptoms or have been in contact. Simply lack of income.”

What will the Minister do to stop people on low incomes being financially punished when they are trying to do the right thing?

Justin Tomlinson Portrait Justin Tomlinson
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Her Majesty’s Revenue and Customs and the Department for Business, Energy and Industrial Strategy rightly have been introducing stronger and clearer guidance for employers. Employees who are not able to get reasonable adjustments put in place should either speak to their union representatives or can go through ACAS to seek resolution. Nobody should be going into work when they are meant to be self-isolating or are sick through covid.

Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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What steps her Department is taking to support universal credit claimants as a result of restrictions on face-to face appointments during the covid-19 outbreak.

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Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
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What steps she is taking to increase promotion of the Access to Work scheme to employers.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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We are committed to ensuring that people with disabilities and long-term health conditions get the vital support that Access to Work provides. That includes working with more than 19,000 Disability Confident employers to enable them to promote access to work through their networks.

Wera Hobhouse Portrait Wera Hobhouse
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According to recent research, 42% of employers feel discouraged from hiring people with a disability because they are not confident about how to support their needs through the pandemic. Will the Government consider fast-tracking Access to Work applications for disabled people through the kickstart scheme, as recommended by the charity Leonard Cheshire?

Justin Tomlinson Portrait Justin Tomlinson
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I thank the hon. Member for that question. I know I am meeting the hon. Member on 14 December to discuss this in more detail. I am also meeting the new chief executive of Leonard Cheshire, so I will discuss that report in detail. I am very proud, as a Government, that we have delivered record disability employment, and last year 43,000 people benefited from Access to Work—up 20%. Through schemes such as Access to Work and Disability Confident, and our highly trained and skilful work coaches, we will continue to engage with employers of all sizes to give them the confidence to take advantage of the huge wealth of talent that is available with a diverse workforce.

Christian Wakeford Portrait Christian Wakeford (Bury South) (Con)
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What steps she is taking through the Plan for Jobs 2020 to help people of all ages back into work.

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Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
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The decision to deny disabled people on legacy benefits the crucial £20 uplift has been a bitter blow to those who already face years of navigating barriers in the welfare system. Will the Department commit to using the welfare Green Paper and the national disability strategy to ensure that disabled people have access to a welfare system that provides financial security without cruel sanctions?

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

The Department for Work and Pensions will work with disabled people, disabled people’s organisations and disability stakeholder groups on the Green Paper to shape the way we provide financial support and general support across our services. However, I remind the hon. Gentleman that this year, there has been a 5% increase—up to £20 billion—in supporting people with disabilities through benefits, and that the legacy benefit increases also impacted on the changes in the local housing allowance. There has also been the increase in discretionary housing support, the various employment support schemes and additional support from local authorities, from which many disabled people will have benefited.

Lindsay Hoyle Portrait Mr Speaker
- Hansard - - - Excerpts

I say thank you to Secretary of State Coffey and her team—we have cleared everyone on the list. Thank you, everybody—we have all worked well together.

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Work and Pensions

Justin Tomlinson Excerpts
Tuesday 17th November 2020

(3 years, 5 months ago)

Ministerial Corrections
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The following is an extract from the debate in Westminster Hall on a disability-inclusive response to covid-19, on 15 October 2020.
Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

The unit is the eyes and ears of disability issues across Government, making sure that disability issues are embedded in policy development. It is personally supported by the Prime Minister, which makes my job much, much easier. Disability issues are brought up at Cabinet and in interministerial groups, where I get to instruct other Ministers about their importance. We are an asset across Government, because we spend—I in particular spend—a huge amount of time on stakeholder engagement. In the past seven days, just as part of my ongoing work, I have met representatives of all the national charities that have been mentioned in the speeches today. I enjoy talking to people with real lived experience, and we then flag up that experience with the relevant Department if it is not DWP, and it makes a tangible difference.

[Official Report, 15 October 2020, Vol. 682, c. 235WH.]

Letter of correction from the Minister for Disabled People, Health and Work, the hon. Member for North Swindon (Justin Tomlinson):

An error has been identified in my response to the debate on a disability-inclusive response to covid-19.

The correct response should have been:

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

The unit is the eyes and ears of disability issues across Government, making sure that disability issues are embedded in policy development. It is personally supported by the Prime Minister, which makes my job much, much easier. Disability issues are brought up at Cabinet and in interministerial groups, where I get to instruct other Ministers about their importance. We are an asset across Government, because we spend—I in particular spend—a huge amount of time on stakeholder engagement. In the past few weeks, just as part of my ongoing work, I have met numerous national charities that have been mentioned in the speeches today. I enjoy talking to people with real lived experience, and we then flag up that experience with the relevant Department if it is not DWP, and it makes a tangible difference.

DWP Update

Justin Tomlinson Excerpts
Monday 9th November 2020

(3 years, 6 months ago)

Written Statements
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Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

Yesterday marked 25 years since the introduction of the landmark Disability Discrimination Act. The Disability Discrimination Act (and the subsequent Equality Act) has stood the test of time and provides a strong and straightforward legal framework that protects disabled people from unfair treatment. This vital protection supports disabled people in all aspects of their daily lives, whether they are at school, at work or accessing services and has had a life-changing impact for many. This has focused minds and crucially has helped us support record numbers of disabled people into work, with growing confidence in businesses of all sizes to make what are often just small changes to unlock the potential of a diverse workforce.

I am therefore updating the House on how this Government are continuing to make progress in supporting and engaging disabled people. Through my role as the Minister for Disabled People, Health and Work, the Prime Minister has asked me to lead on the national strategy for disabled people. I am making sure disability policy is prioritised in all Departments. This is vital work.

The national strategy for disabled people takes a cross-Government approach, focusing on the issues that disabled people say affect them the most in all aspects and phases of life, including housing, education and transport. This will be the most ambitious piece of disability policy in a generation. All Departments are supporting cross-Government work to remove barriers and make this country more inclusive for disabled people, with a nominated ministerial lead to identify policies and priorities. I chaired the first inter-ministerial taskforce of these Ministers recently and I am encouraged by the shared commitment for joint working with each Minister wanting to play their part.

As a Government, we continually strive to make improvements to the service we provide. For example we have extended Video Replay Service (VRS) for British Sign Language across 61 benefit-related helplines and have supported 8,029 VRS calls over a six-month period. But we recognise there is much more we can do improve. The DWP health and disability Green Paper will explore how the welfare system can better meet the needs of disabled people and those with health conditions.

Both the national strategy and the Green Paper will be extensively consulted on in the coming months and shaped by disabled people, disability forums and disability stakeholders, ensuring that real lived experience at the very heart of our plans. We are engaging with disabled people’s organisations including through the regional stakeholder network and the recently established Disabled People’s Organisations Forum. To inform the content of the Green Paper, we have hosted a series of workshops across the country where local disability organisations and disabled people have shared their experiences of DWP services and priorities for future changes. Despite covid-19 preventing us from doing physical face-to-face consultations, which has also caused us to decide to now publish in 2021, we have continued engagement with a series of virtual events with charities and disabled people. To date, the Department and I have heard from disabled people and those with health conditions, and their representatives at 17 events.

I am hugely excited by this work which represents a real opportunity to deliver a more inclusive society. Both the health and disability Green Paper and the national strategy will deliver ambitious policy reforms to improve the lives of disabled people.

[HCWS563]

Oral Answers to Questions

Justin Tomlinson Excerpts
Monday 19th October 2020

(3 years, 6 months ago)

Commons Chamber
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Miriam Cates Portrait Miriam Cates (Penistone and Stocksbridge) (Con)
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What steps she is taking to ensure that the job entry targeted support programme supports jobseekers to move into growth sectors of the economy.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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Our new JETS scheme has started rolling out across the country and blasted off in my hon. Friend’s constituency on 5 October. The scheme has £238 million of funding that is dedicated to helping people who have been out of work for three or more months and may be at risk of long-term unemployment. JETS will see a variety of providers work at our local jobcentre networks to offer a range of bespoke services, including important advice on how people can move into new, growing sectors, as well as help with CV building and interview coaching.

Miriam Cates Portrait Miriam Cates
- Hansard - - - Excerpts

I am glad that the scheme is already helping my constituents in Penistone and Stocksbridge, many of whom are now struggling to find work as a result of the pandemic. However, getting people back into work will require a national effort, so will he provide a broader update on the roll-out of the scheme?

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

My hon. Friend is right to suggest that tackling the impacts of covid will require a national effort, and the DWP stands ready to deliver this with our network of local jobcentres, which we will be expanding. The JETS scheme started two weeks ago and is now live right across England and Wales, and we are contracting anew in Scotland. We anticipate that as JETS continues to roll out across Great Britain, it will help 280,000 of our claimants to find work and build the skills to pivot into new sectors if required.

Chris Elmore Portrait Chris Elmore (Ogmore) (Lab)
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What discussions she has had with Cabinet colleagues on support for people in the sectors worst affected by the covid-19 outbreak.

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Kirsten Oswald Portrait Kirsten Oswald (East Renfrewshire) (SNP)
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What recent discussions she has had with the Chancellor of the Exchequer on extending the temporary measures introduced by her Department in response to the covid-19 outbreak.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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Earlier this year, we suspended face-to-face assessments. That suspension is still in place and is kept under review in line with the latest public health guidance.

Owen Thompson Portrait Owen Thompson
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The Joseph Rowntree Foundation estimates that 1.3 million people across Scotland will lose out if the DWP does not make the £20 increase to universal credit permanent and extend it to legacy benefits. The Resolution Foundation also reports that one in three working-age families in the so-called red wall constituencies will be £1,000 a year worse off if the planned cuts to universal credit go ahead. How exactly is that levelling up?

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

I refer the hon. Member the answer that the Minister for Welfare Delivery has already given. The Government have introduced a package of temporary welfare measures worth £9.3 billion this year to help with the financial consequences of the pandemic.

Kirsten Oswald Portrait Kirsten Oswald [V]
- Hansard - - - Excerpts

More than ever, with millions facing unemployment and reduced hours or earnings, our social security system must be properly funded. The Joseph Rowntree Foundation has rightly pointed out that cutting social security takes money out of the economy by reducing consumer spending. If the Minister is not yet convinced that cutting universal credit is grossly unjust, will he at least consider making this permanent to stimulate the economy?

Justin Tomlinson Portrait Justin Tomlinson
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As I have just set out, we as a Government, through our £9.3 billion-worth of temporary support, which we continue to keep under review, have shown throughout these unprecedented times that we will be flexible and provide the support, including our comprehensive £30 billion plan for jobs, to make sure that we are standing side by side with those who are navigating the challenges of covid.

Peter Aldous Portrait Peter Aldous (Waveney) (Con)
- Hansard - - - Excerpts

If she will extend the suspension of benefit deductions for the recovery of universal credit and legacy benefit overpayments during the covid-19 outbreak.

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James Davies Portrait Dr James Davies (Vale of Clwyd) (Con)
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What steps she is taking to ensure that the welfare payments that people receive meet the needs of the recipient.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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By law, benefit levels must be reviewed annually to determine if they are at the appropriate level. The most recent review resulted in the uprating of 1.7%. On disability benefits specifically, spending this year has increased by almost 5% from £19 billion to £20 billion.

James Davies Portrait Dr James Davies
- Hansard - - - Excerpts

Recently, I was pleased to meet my constituent, Tony Davies, who sadly lives with motor neurone disease. On behalf of Tony and the MND Association community, will the Minister kindly announce when he is likely to publish the outcome of the review into access to benefits for the terminally ill?

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

We have been clear, following our comprehensive review, that there will be three themes: we will change the six-month rule, we will improve consistency and we will raise awareness of the support available. Only last week, I met the MND Association and the Minister for Prevention, Public Health and Primary Care as we work at great speed to bring forward those much-needed changes.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
- Hansard - - - Excerpts

What assessment she has made of the effectiveness of universal credit in reducing levels of poverty.

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Rob Butler Portrait Rob Butler (Aylesbury) (Con)
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What steps she is taking to help people with disabilities into employment.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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As a Government, we are proud that 1.3 million more disabled people are in work since 2013—a record high. We continue to offer support through the Work and Health, intensive personalised employment support, Disability Confident and Access to Work programmes.

Rob Butler Portrait Rob Butler
- Hansard - - - Excerpts

The disability employment gap in my constituency is 25.4% and there are concerns that it will widen as the economy suffers from the impact of covid-19. What reassurance can the Minister give me that disabled people will get the specific help they need to find work —for example, through tailored support or the funding of reasonable adjustments on the kickstart scheme?

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

It is absolutely the case that Access to Work is available and works hand in hand with schemes such as kickstart so that reasonable adjustments can be made for disabled employees. I have written to Disability Confident leaders to encourage them to sign up to kickstart.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
- Hansard - - - Excerpts

What steps she has taken to support the welfare of people ineligible for the Government’s economic support packages during the covid-19 outbreak.

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Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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The Knaresborough Connectors community group and Knaresborough chamber of trade are working together to build a scheme to enable participation in the kickstart scheme for smaller businesses in the area. It is good work and I am keen to help it. Will my right hon. Friend the Secretary of State be encouraging the Department to work with local community organisations to ensure that all areas, urban and rural, and all businesses, small and large, can access the benefits of kickstart?

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

My hon. Friend is always a champion of his local organisations and constituents. Yes, absolutely; many local authorities, charities and organisations, such as North Yorkshire County Council, have agreed to act as gateways or have submitted bids for funding.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
- Hansard - - - Excerpts

Many disabled people have lost carers and are struggling to employ replacements during the covid crisis. This can mean that they have lost vital support in applying for benefits. I spoke to a constituent today who flagged up that there is nowhere on the system for people to indicate that they have a high support need, so that extra care is taken in dealing with their application. She has missed the benefit deadline because of that. Will Ministers look into this matter and ensure that we help disabled people when they apply for benefits?

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

The hon. Gentleman raises an important point. Our forthcoming Green Paper will look specifically at the importance of advocacy in the system, and at increasing it. That need should have been identified at the initial application. If he sends through the details, I will be happy to ensure that the claimant is not lost from the system.

Robert Neill Portrait Sir Robert Neill  (Bromley and Chislehurst) (Con)
- Hansard - - - Excerpts

A number of my constituents are receiving letters out of the blue saying that the Child Maintenance Service is writing off unpaid payments as part of a review of historical debt. Will my right hon. Friend tell me the basis for the review, what the criteria are for the cases, how many are involved, and by what means personal advance notice of the changes is being given to the people concerned?

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Jeff Smith Portrait Jeff Smith  (Manchester, Withington) (Lab)
- Hansard - - - Excerpts

My constituent Joseph made a claim for industrial injuries disablement benefit in January. His assessment, along with all the other new assessments, was postponed because of covid, so he is living with the extra costs that come with having an industrial disease, but he does not have the extra benefits he needs. Can the Secretary of State please urgently resume IIDB assessments?

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

I am very much aware of this. As the hon. Gentleman will understand, we suspended face-to-face assessments across all disability benefits following the public health guidance. We are working as quickly as we can to roll out telephone assessments for IIDB where possible, and as soon as it is safe to do so, we will return to face-to-face assessments.

Lindsay Hoyle Portrait Mr Speaker
- Hansard - - - Excerpts

In order to allow the safe exit of hon. Members participating in this item of business, and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Covid-19: Disability-Inclusive Response

Justin Tomlinson Excerpts
Thursday 15th October 2020

(3 years, 6 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

It is a pleasure to serve under your chairmanship once again in Westminster Hall, Mr McCabe. I pay tribute to the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who has a long-standing reputation as a proactive, constructive chair of the all-party parliamentary group for disability. I have had the pleasure of attending many meetings, including one this week virtually, as we embrace new technology. She is held in high regard across Government and that was reflected in the nature of this debate. It has been good-natured, conducted with good spirit, and has highlighted the important concerns that we collectively have to address as we navigate the unprecedented challenges of covid.

I also pay tribute to the former Minister, my right hon. Friend the Member for Basingstoke (Mrs Miller) pan-disability, have benefited hugely from.

I will try to respond to as many points as I can, in particular where MPs have raised specific points, but first, a sense check: I am the Minister for Disabled People, but the Department for Education leads on special educational needs, for example, and the Department of Health and Social Care leads on care easements. However, I have attended a Women and Equalities Committee hearing that covered those things, so I have a reasonable understanding of them. As the Minister for Disabled People, Health and Work, I have two primary roles. I am responsible for all things related to disability in the Department for Work and Pensions—predominantly the provision of disability benefits—but I am also responsible for our Disability Unit, which was launched last year and which is based in the Cabinet Office.

The unit is the eyes and ears of disability issues across Government, making sure that disability issues are embedded in policy development. It is personally supported by the Prime Minister, which makes my job much, much easier. Disability issues are brought up at Cabinet and in interministerial groups, where I get to instruct other Ministers about their importance. We are an asset across Government, because we spend—I in particular spend—a huge amount of time on stakeholder engagement. In the past seven days, just as part of my ongoing work, I have met representatives of all the national charities that have been mentioned in the speeches today. I enjoy talking to people with real lived experience, and we then flag up that experience with the relevant Department if it is not DWP, and it makes a tangible difference.[Official Report, 17 November 2020, Vol. 684, c. 4MC.]

Many people today have talked about the challenges of accessing food during covid. Actually, the Royal National Institute of Blind People was one of the many charities that we were able to link up with the Department for Environment, Food and Rural Affairs, which allowed its representatives to bring their real lived experience to bear, and that sped up the process of improving the situation. The DEFRA Minister was then able to share that exchange as best practice with other Ministers and tell them to look at Disability Unit as a helpful resource, because we can signpost people to experts, who speed up policy development and make sure that it is right first time.

Looking at the broader points that were raised, one was accessible communications, and it is absolutely vital. Again, through interministerial groups and with the support of the Prime Minister, we have been reminding cross-Government Departments and public sector organisations outside Government that they have a duty under the Equality Act to ensure that communications are accessible. Using the RNIB again as an example, it has proactively helped us to look at communications and put them into Easyread and braille. In my own Department, we have launched our deaf-signed YouTube channel, which explains benefits through British Sign Language. There is a lot more best practice that we have to share, but again, through the Disability Unit, we are keeping a very close eye on what the Government and other connected organisations are doing.

Justin Tomlinson Portrait Justin Tomlinson
- Hansard - -

I will take some interventions in a bit; let me just clear a few things first.

I also believe that we need to be smarter about how we use our stakeholders in future announcements regarding the difference in guidance on tiers 1, 2 and 3. What we should do is to make sure, as quickly as possible, that we communicate to our extensive network of stakeholders the potential impacts or opportunities as guidance changes, so that they can then share that very quickly with their members. That is because a lot of communication is reliant on people watching the news and following our powerful speeches in Parliament, but sometimes they do not do that, so we need to rely on our network of stakeholders, who have much better reach than our Twitter channels. Both my hon. Friends the Members for Warrington South (Andy Carter) and for Southend West (Sir David Amess) highlighted the trust, expertise and reach of good local organisations. Again, if they are part of sharing the communication, we know that those who are most in need of good communication will be able to get it.

On social distancing and hidden disabilities, the hon. Member for Enfield, Southgate (Bambos Charalambous) is absolutely right about the sunflower lanyard. The dilemma for the Government is that technically it is produced by a commercial organisation, because it can sell these lanyards, and Governments do not normally publicly endorse a commercial organisation when it has competitors, because we are not supposed to pick winners; we are supposed to do open exercises. However, my personal view is that these are unprecedented times and that of all the different schemes—there are many very good schemes—that is easily the best known one and I think that we absolutely should get behind it.

Other Ministers who have been in conversation about this issue with the hon. Gentleman have also talked to me, and we are trying to work out the best way to promote this scheme, because it works two ways. One, we absolutely need to make things as easy as possible for people with hidden disabilities, and the hon. Member for St Albans (Daisy Cooper) very eloquently set out the importance of that. However, there are also people we rely on to challenge people who are not abiding by the rules, because they do not like it when they get it wrong and they ask a question of somebody with a hidden disability. We have to get it right for both parties. However, this is an issue that I am really keen to push on, and I think that is the best possible scheme.

I pay tribute to organisations such as Transport for London, which have been brilliant at improving communications, so that the general public are more aware about hidden disabilities. I know that lots of other businesses are looking at that issue and I encourage them to do more. I also welcome the fact that the NHS is trialling 250,000 clear masks. Again, there will be lessons to learn from that.

I turn now to care easements, which have been used by only eight of 151 local authorities and are meant to be a last resort. It is not carte blanche, as they are underpinned by the Human Rights Act, but the broad principle is that if covid causes an organisation to have such a depleted workforce, we do not want a situation where immediate urgent care in somebody’s home is missed for the sake of filling in an annual report. That is an extreme example, but that is the sort of reason why, with great reluctance, we all collectively voted for that. Absolutely, the moment when we do not need those emergency powers, they should go. What stakeholders are asking me—many of the stakeholders actually deliver adult social care, so they are saying it from two angles—is to ensure good transparency so that, when a local authority does that, not only the Care Quality Commission but independent stakeholders can keep an eye on it. That is an example of where something came to us, the Disability Unit took it across Government and, within hours, guidance was pushed through and it was easier to be more transparent. Again, we will keep a close eye on that.

I turn now to my responsibility in the DWP in terms of face-to-face assessments. My shadow, the hon. Member for Nottingham North (Alex Norris), kindly said that we should continue to improve them, and rightly so. They were introduced under a Labour Government, and we have done over 100 improvements following five independent reviews. One thing about suspending face-to-face assessments and doing auto-renewals is that what limited capacity we had left was then able to concentrate on new claimants, so new disabled people and people with health conditions could access financial support; those whose conditions had changed and who would be entitled to more money; and, absolutely, those with terminal illness, so we could still process those in four to six days.

We brought forward telephone assessments. We had planned to pilot them over 12 to 18 months; we piloted them over about 12 to 18 minutes in the end. As part of the Green Paper, we will be looking at how well received they were. Anecdotally, the stakeholders like them. They are not perfect, and there is more work to do, but stakeholders want them to stay. Will video assessments help? What more can we do to gather clearer evidence that increases the likelihood of a paper-based review and getting the assessment right first time round? Collectively, the improvements we have been making have delivered an additional £10 billion a year to support people with disabilities or long-term health conditions.

Access to Work is changing, and that is a good thing and an opportunity for the future. It recognises, for the first time, that people do not always have to come into the traditional workplace. We will provide funding for people at home and towards additional travel costs if there are links around covid. We are doing proactive webinars through Disability Confident, and I pay tribute to Microsoft, which has sponsored an additional round of those. Our Disability Confident leaders are sharing best practice through their business networks.

On the broader points about disability employment, all the funding for the Work and Health programmes, intensive personalised employment support, Access to Work and Disability Confident has been protected, and all of the £30 billion Plan for Jobs package is open to disabled people. Access to Work can help if additional assistance is needed. We are working proactively with our jobcentres to promote that.

On the final, broader point about the national strategy and the Green Paper, both are happening. The Green Paper focuses on the DWP around improving access to evidence, assessments, monetary consideration, appeals and employment support. We are actively doing pre-stakeholder engagement before we look to launch the Green Paper towards the end of the year. The national strategy for disabled people, personally supported by the Prime Minister, is cross-Government. Each Department has to set out what its ambitious priorities are to remove barriers and be more inclusive for disabled people. We will put that to disabled people for them to audit, and we will then bring forward conclusions on both of those papers.

We are absolutely determined that there will be an inclusive recovery. Disabled people, disabled people’s organisations and stakeholders will always be at the heart of our policy development. We are proud that we have delivered record disability employment and that we are increasing funding for those most in need in society. Covid has given us unprecedented challenges, but we will not be diminished in our ambition to improve the lives of disabled people.

Disability Benefits Operational Update

Justin Tomlinson Excerpts
Thursday 17th September 2020

(3 years, 7 months ago)

Written Statements
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Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

I would like to update the House on the Department’s plans to implement the Supreme Court judgment in the case of Secretary of State for Work and Pensions v. MM, known as MM1, into the personal independence payment (PIP) assessment process.

The Supreme Court judgment concerned the definition of “social support”, when engaging with other people face to face, in activity 9 of the PIP regulations, and how far in advance that support can be provided.

I set out to the House on 23 July 2019 that we would carefully consider the full judgment before updating the House on our implementation plans. We have worked hard to implement the judgment quickly, but given the impact of the covid-19 pandemic on our staff resources and services, this has taken longer than we would have liked. We have also consulted Mind, the mental health charity, which intervened in the Supreme Court case.

We have now made the necessary changes to the way PIP activity 9 is assessed and these are reflected in revisions to the PIP assessment guidance (PIPAG) published today on gov.uk at: https://www.gov.uk/government/ publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria.

Despite the challenges, all DWP staff and healthcare professionals working for our assessment providers have been trained to apply the judgment. DWP will be applying the changes to all decisions from today. A FAQ will be deposited in the Library of the House.

On 23 July 2019, I also confirmed that the Department would be undertaking an administrative exercise to check whether claimants are entitled to more PIP as a result of the judgment. This is a complicated exercise and we are still planning our approach. This will be a substantial undertaking and will take some time.

I also want to update the House on the administration of severe disability premium transitional payments (SDP).

On 22 July 2019, we laid legislation to provide additional financial support for former SDP recipients who had moved to universal credit on account of a change of circumstances. As at 17 January 2020, we had already paid over 15,000 people, totalling more than £51.5 million.

The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 provide for the conversion of these transitional payments into transitional elements. This means that payments will be made through the UC system rather than manually, and all transitional protection will be subject to the same rules.

I will be signing a determination setting the conversion day to 8 October 2020 and will place a copy in the Library. This is when the UC system will have capacity to convert SDP transitional payments to transitional elements.

1Secretary of State for Work and Pensions (Appellant) v MM (Respondent)(Scotland) 18 July 2019 https://www.supremecourt.uk/cases/docs/uksc-2017-0215-judgment.pdf.

[HCWS454]

Oral Answers to Questions

Justin Tomlinson Excerpts
Monday 14th September 2020

(3 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Cat Smith Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

When she plans to publish the findings of her Department’s review of how well the welfare system supports terminally ill people, which was announced in July 2019.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
- Hansard - -

I would like to thank all the organisations and charities that supported the consultation, which took longer than we had hoped due to covid-19. It is clear that there are three themes: the need to change the six-month rule, to improve consistency and to raise awareness of the support. We are working at pace across government to bring forward proposals.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Having supported a number of constituents with motor neurone disease, including a close friend, I have seen some of the challenges when faced with a terminal diagnosis. Can the Minister reassure me that the Government will not just replace the six-month rule with another arbitrary time limit of, say, 12 months? That would not solve the problem and would create barriers for patients and clinicians when it comes to navigating the special rules for terminal illness.

Justin Tomlinson Portrait Justin Tomlinson
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I pay tribute to the Motor Neurone Disease Association, which has been at the heart of this review. The Secretary of State and I are committed to delivering an improved system that raises awareness of the support, improves consistency and tackles the issue raised around the six-month rule. We are determined that this will be done as quickly as possible.

Diana Johnson Portrait Dame Diana Johnson (Kingston upon Hull North) (Lab)
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What steps her Department is taking to (a) investigate and (b) rectify errors made in the payment of the state pension to retired women.

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Joy Morrissey Portrait Joy Morrissey (Beaconsfield) (Con)
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What steps her Department is taking to support disabled people during the covid-19 outbreak.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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My Department has supported disabled customers during the covid outbreak by automatically extending existing personal independence payment awards and new flexible access to work support for people to work from home as well as in the workplace and ensuring that disabled people can access new support, including kickstart.

Joy Morrissey Portrait Joy Morrissey
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We are heading into an important 12 months for policy development to help disabled people with the Government’s new national disability strategy. Many charities in my constituency in Beaconsfield and across Bucks are very keen to give feedback to this strategy. Can my hon. Friend reassure the House that he is meeting stakeholders from a diverse range of backgrounds to ensure the development of a disability policy that is inclusive to everyone?

Justin Tomlinson Portrait Justin Tomlinson
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For both the Green Paper and the national strategy for disabled people, we will be making sure that disabled people, disabled organisations and stakeholders are very much at the heart of shaping our future policies and service delivery.

We will be organising national, regional and local-led events and events in conjunction with stakeholders. I know that my hon. Friend is a strong advocate of her disability organisations in her constituency, and I encourage her to encourage them to take part in the coming months.

Vicky Foxcroft Portrait Vicky Foxcroft (Lewisham, Deptford) (Lab)
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This Government have spoken a lot about levelling up so that people are equally supported—something that people expect to be delivered. I asked the Minister on 11 May and then on 29 June how the Government were progressing with uplifting legacy benefits. As of February this year, 1.9 million people in Great Britain, many of whom are disabled, are desperate for the Government to sort this. A DWP report states that it would take four to five months to deliver this. We are now four months on. Can the Minister update us on any progress made, specifically on uplifting legacy benefits?

Justin Tomlinson Portrait Justin Tomlinson
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As a Government, we have provided an extra £9.3 billion-worth of support during the covid crisis, which has been very much welcomed. Specifically, in my area of disability, we will see spending increase this year from £19 billion to £20 billion, which is just shy of a 5% increase, and many disabled people will gain from the additional support provided through universal credit, through the increases in the discretionary housing payment, or through the £500 million given to local authorities as a hardship fund based on individual circumstances.

Neil Gray Portrait Neil Gray (Airdrie and Shotts) (SNP) [V]
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But the UK Government’s decision to exclude people claiming legacy benefits from the £20 per week covid uplift to universal credit, many of whom are sick or disabled people and carers, is surely untenable. Nearly 300,000 people in Scotland are missing out on the £20 per week increase as a result. Does the Minister agree that people on legacy benefits deserve the same amount of support as everybody else; and if he does, will he put his money where his mouth is and push the Chancellor to extend the uplift and make it permanent at the upcoming Budget?

Justin Tomlinson Portrait Justin Tomlinson
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The Government are putting money where their mouth is with the £9.3 billion-worth of support, which is pretty much unprecedented across the world. I would urge all claimants, disabled or not, to talk to their work coaches and review their circumstances to see whether they could be better off moving over to universal credit. But as I set out in the previous answer, there has been a wide range of support, and as a Government we will always target support at those most in need.

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Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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What financial support her Department plans to make available to shielding people affected by covid-19 local lockdowns.

Justin Tomlinson Portrait The Minister for Disabled People, Health and Work (Justin Tomlinson)
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Those in a local lockdown area who receive a notification that they need to shield will remain eligible for statutory sick pay and new-style employment and support allowance, subject to the wider eligibility criteria.

Gerald Jones Portrait Gerald Jones
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Clearly local lockdowns will present local challenges, and we would expect most employers to be responsible, but will the Government offer support to employees to hold their employers to account where they are not following the guidelines and making their workplaces covid-secure?

Justin Tomlinson Portrait Justin Tomlinson
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The Government, through the Health and Safety Executive and the Department for Business, Energy and Industrial Strategy, are continuing to issue improved guidance to make it as easy as possible for employers to make reasonable adjustments. Those employees who still have concerns can either talk directly to their employers or raise them with the Advisory, Conciliation and Arbitration Service or the HSE to try to get them resolved. I think most employers want to do the right thing, and we are doing everything we can to give them as much help as possible to get it right and make their workplace covid-safe.

Virendra Sharma Portrait Mr Virendra Sharma [V]
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Last week, the TUC made it clear that two fifths of workers will be unable to pay bills if they have to self-isolate for two weeks. Statutory sick pay will have to go up for test and trace to work. Will the Secretary of State increase statutory sick pay to ensure that no one is left behind and keep the country covid-secure?

Justin Tomlinson Portrait Justin Tomlinson
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We have already made changes to the eligibility for statutory sick pay so that people can qualify from the first day rather than wait until the fourth day. We have extended it to those with symptoms, those who need to self-isolate, or those who need to self-isolate ahead of a hospital procedure. Those on low incomes also have the opportunity, subject to their personal circumstances, to get additional financial support through either universal credit or new-style ESA.

Margaret Ferrier Portrait Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
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What assessment she has made of the effect of bonuses on the level of payments made to universal credit claimants.

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Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab) [V]
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This afternoon, I am meeting carers from across my constituency. They are concerned about their financial position. Will the Secretary of State commit to raising the attendance allowance until it matches universal credit payments?

Justin Tomlinson Portrait Justin Tomlinson
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As a Government, we absolutely recognise the support that carers provide. We have made a number of changes during covid-19 to maintain that support, including allowing emotional support and allowing for breaks due to covid. By 2024-25, we expect to be spending £3.6 billion supporting carers, which will be more than double that spent when we first came to office.

Edward Timpson Portrait Edward Timpson (Eddisbury) (Con)
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Can the Minister assure me that her excellent new kickstart scheme will not sit in isolation but will instead dovetail with other Government, apprenticeship and infrastructure efforts, so that towns such as Winsford can give their young a trade, not just a job, including helping to deliver brilliant broadband across Eddisbury?

Steve McCabe Portrait Steve McCabe (Birmingham, Selly Oak) (Lab)
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I have constituents who have been waiting more than six months for a decision following a work capability assessment. Is that not a bit ridiculous?

Justin Tomlinson Portrait Justin Tomlinson
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We rightly took a decision to suspend face-to-face assessments following Public Health England’s guidance. We continue to keep this under review, but wherever possible, we are either doing a paper-based review or a telephone assessment, and we are automatically renewing reassessments that are due within three months by six months, and we review that on a regular basis.

Robert Halfon Portrait Robert Halfon (Harlow) (Con)
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I recognise that the national living wage has increased, but will my right hon Friend ensure that the full rise in the national living wage, to two thirds of median earnings by 2024, goes ahead as planned?