Personal Independence Payments

Marsha De Cordova Excerpts

Wednesday 31st January 2018 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hosie. I congratulate my hon. Friend the Member for North West Durham (Laura Pidcock) on securing this important and timely debate. She made some valid points and highlighted the sheer volume of responses that she received when she put out a call on social media. That demonstrates the clear problems with the PIP system and with the benefit.

My hon. Friend talked powerfully about the outsourcing of the assessment process, which we all know is simply not working from our experience with the work capability assessment. It is about time that those assessments were brought back in-house because there is poor-quality decision making and no scrutiny. Frankly, it is unacceptable that taxpayers’ money is going out to those providers.

[Ruth George]

Does my hon. Friend agree that outsourcing decisions waste money and are against the interest of claimants? Discrepancies between Capita, which sees 59% of claimants at home for a home assessment, and Atos, which does the vast majority of PIP assessments but sees only 16% of claimants at home, expose the divisions in the private sector and show why the assessments should be brought back in-house and monitored properly.

[Marsha De Cordova]

It is important that the Government listen to the valid point made by my hon. Friend, and I hope the Minister will address it. We have heard testimony about the Department’s approach to disabled people. People said that it felt cold and that they were not treated as human beings, but they have to engage with it.

I pay tribute to my many hon. Friends who have spoken—it is important that so many of them are here—including my hon. Friends the Members for Washington and Sunderland West (Mrs Hodgson), for North Durham (Mr Jones), for Kingston upon Hull West and Hessle (Emma Hardy), for Great Grimsby (Melanie Onn), for Crewe and Nantwich (Laura Smith), for Reading East (Matt Rodda), and for Merthyr Tydfil and Rhymney (Gerald Jones), and the good interventions from my hon. Friends the Members for High Peak (Ruth George) and for Stretford and Urmston (Kate Green).

My hon. Friend the Member for Great Grimsby highlighted the points about face-to-face assessments well. The assessment process, the centres and the information provided have to be accessible, but that is not happening on all occasions. That needs to change. This debate has been called because of the crisis in the claimant experience of personal independence payments.

[Toby Perkins (Chesterfield) (Lab)]

Having witnessed the way in which the Tory party did politics in the run-up to the 2010 election and having sat opposite them between 2010 and 2015, this is not an accident. It is a deliberate part of the party’s electoral strategy: to demonise the poor and to say that this country’s problems are caused by the most vulnerable people in our society. The experience that claimants receive is a deliberate part of the Conservatives’ political strategy.

[Marsha De Cordova]

My hon. Friend is spot on. Let us be clear: from the outset in 2010, the Government’s fundamental aim for the new benefit was to make savings and to reduce the case load of disability benefit claimants. That is a fact. The expectation was to make a saving of 20%, which equated to around £1.5 billion. It is untrue to say that that was not the case. PIP was supposed to cover the additional costs of living with a disability, but that has not been the case in practice. The assessment framework is flawed and it causes delays.

[Kate Hollern (Blackburn) (Lab)]

Having heard the cases that have been discussed, does my hon. Friend agree that the process is dehumanising? It degrades individuals who are at their most vulnerable. Does she also agree that we need to take a two-pronged approach? The private sector makes millions of pounds and causes misery for others, but we must also bear in mind the fact that the policy itself is seriously flawed.

[Marsha De Cordova]

My hon. Friend, too, makes a valid point. We have to look at the policy intention behind PIP’s introduction—to make savings and to reduce the number of disabled people who were entitled to the benefit.

The assessment framework creates a series of financial problems. Poor-quality decision making has led to disabled people losing vital financial support. The evidence is damning—it is there for all to see. When decisions are challenged, in 68% of cases taken to tribunal the finding is in favour of the claimant. That indicates that there is a problem. The process is lengthy and stressful, and many people do not know how to challenge a decision or what they need to do, so many will go without and lose that financial support.

If a claimant wants to challenge a PIP decision, they must first ask for a mandatory reconsideration, as my hon. Friend the Member for North West Durham discussed in detail. That was supposed to improve the claims process, but in reality, it has had the opposite effect. Many disability organisations have noted the number of decisions on claims that have passed through the supposedly rigorous mandatory reconsideration stage, but have gone on to be overturned at tribunal.

According to the Department’s own figures, about 20% of PIP MR cases lead to the decision being revised. It seems that the appeal tribunal process is being used as a backstop for poor decisions that should have been resolved at the initial stage or at the mandatory reconsideration.

[Dan Carden (Liverpool, Walton) (Lab)]

My constituent, Anthony, who visited my surgery on Friday, has a chronic illness. He has been through the process up to the point that my hon. Friend describes and he is awaiting a date for the appeal court. He will lose his car in April. He has been to advice centres to seek advice, but they are full with a backlog, so he has now come to me. Without a date for the appeal process, what can be done and what should the Government do? He faces months and months of distress.

[Marsha De Cordova]

Perhaps the Minister can clarify what my hon. Friend’s constituent should do. We cannot have individuals losing their vehicles unnecessarily.

Poor decision making is taking place. It has become so bad that the most senior tribunal judge said that the evidence provided by the Department was so poor that it would be “wholly inadmissible” in any other court. There has been a 900% increase in complaints about PIP.

I will talk briefly about the High Court decision. There was an urgent question yesterday, but I am not sure that the Minister answered all the points that were made. The regulations were introduced to reduce the number of claimants who qualify for PIP. The High Court said that they were “blatantly discriminatory” against people with mental health conditions. What is most scary is that but for the High Court decision, the Government could have just carried on as usual.

[Mike Hill (Hartlepool) (Lab)]

Will my hon. Friend give way?

[Marsha De Cordova]

I cannot take any more interventions—I apologise.

Where do we go from here? Clearly, the Government have no idea when the examination of those 1.6 million claimants will take place. Will it be weeks, months or years? The Minister has not provided a good timeframe and I ask again if she can give us a timeframe as to when the PIP assessment guide will be updated. When will the backdated payments begin to be paid? Will there be compensation for PIP recipients who have incurred debt as a result of those regulations? Will the Department update its administration and staffing costs, which are also expected to be published? Will the Minister guarantee that no claimant will lose out as a result of their case being reconsidered? Given the damage that has already been caused, it is simply not good enough that Parliament and PIP claimants are being left in limbo while Ministers are trying to get their house in order. There have already been two independent reviews by Paul Gray, but the recommendations of the most recent one were accepted only in part by the Government.

The Minister has accused the Labour party of scaremongering. That is wholly untrue. The wealth of evidence presented today has highlighted the human impact of these benefits policies. The UN Committee on the Rights of Persons with Disabilities has found the Government in breach and is still waiting for them to respond. The Equality and Human Rights Commission has called on the Government to carry out a full cumulative impact assessment of their welfare reforms, but they still have not done so. Only last week, the European Committee of Social Rights found the Government to be in violation of the European social charter. Something is clearly wrong. Labour has made it clear that we would scrap the assessment regime and replace it with a good, open and holistic assessment framework.