Personal Independence Payment
Penny Mordaunt Excerpts(7 years, 1 month ago)
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The Minister for Disabled People, Health and Work (Penny Mordaunt)
The second independent review of the personal independence payment assessment by Paul Gray is being published today. This is the second of the two independent reviews as required by the Welfare Reform Act 2012.
Building on the recommendations from the first independent review, Paul Gray has explored how closely the ongoing implementation of the personal independence payment reflects the policy intent. He has considered:
How effectively further evidence is being used to assist the correct claim decision, and the speed and effectiveness of information gathering;
The degree of claimant confidence and transparency in the claim process; and
How to further promote quality and consistency to produce fair outcomes for all.
The Government welcome the publication of the review and will consider its findings and issue a detailed response in due course.
[HCWS574]
Personal Independence Payment: Regulations
Penny Mordaunt Excerpts(7 years, 1 month ago)
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The Minister for Disabled People, Health and Work (Penny Mordaunt)
I start by thanking hon. Members, from all parts of the House, who have contributed to the debate. There are many points that I need to answer and I do not have much time, but I will do my best, and I will write to hon. Members about any outstanding points.
As hon. Members know, at the core of PIP’s design is the principle that awards should be made according to a person’s level of need, not whether their condition is of one sort or another. Those who have higher need, greater limitations on their ability to participate in society and higher costs associated with their condition will get more support.
Penny Mordaunt
I will answer the questions that have already been raised, and if I have time I will take interventions at the end.
That approach—using the social definition of disability—is important, and assessments are therefore complex. The assessor will try to understand the impact on a person’s life and how their disability or health condition affects them in their caring duties, parenting, social life and daily living.
As the House has heard many times, recent legal judgments have interpreted the assessment criteria for PIP in ways different from what the coalition Government originally intended. The upper tribunal judgments were concerned solely with the interpretation of the wording and, as my hon. Friend the Member for South Cambridgeshire (Heidi Allen) has said, not with policy. We have therefore made amendments to clarify the criteria used to decide how much benefit claimants receive. The changes restore the original aim of the policy, which was agreed by Parliament following extensive consultation, and they add essential clarity for all.
Penny Mordaunt
I will make some progress. As my right hon. Friend the Secretary of State for Work and Pensions said in the House and in his letter last week to the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), it is important to be clear about what these regulations are not. They are not a policy change, they are not intended to make new savings and they will not result in any claimant seeing a reduction in the amount of PIP previously awarded by the DWP. There is no change to the budget and no change to the guidance that we give to assessors.
To answer the point raised by the hon. Member for Stretford and Urmston (Kate Green), she is right to say that between the making of the rulings and the coming into force of the regulations, a handful of people—we think about eight—will have been awarded a higher amount in the tribunal rulings. We will not claw back money from those people, but we will look at those cases and our intention is to restore them to the original benefit level. That is one reason why we have acted quickly. There will be no change in the amount of PIP paid to people who have previously been awarded a certain amount by the DWP, or in the amount paid to people who will be assessed on the same principles and the same policy in the future.
It is entirely appropriate for the Government to act to restore clarity to the law, as Governments have done before and will no doubt continue to do in the future. Indeed, Labour, when in government back in 2000, introduced a change to the rules for disability living allowance that overturned a commissioner’s decision holding that telephone conversations with someone with severe depression and chronic anxiety should count as qualifying attention for the care component of DLA. That decision was seen to have significantly widened the gateway not only to DLA, but to attendance allowance, and the then Government took a similar decision to the one we have taken to restore the original policy intent.
Let me assure the House that we want to ensure our policies are working and being delivered effectively, and we will continue to review our policies, including on PIP, regularly. I remind everyone that this Government have already introduced two formal statutory reviews of the PIP assessment, and we remain committed to publishing Paul Gray’s independent review, as set out in legislation. We remain committed to making continuous improvement in the PIP assessment and our decision making, and to improving the advice we provide to guide people through the process.
We know that feedback from claimants and stakeholders gives us valuable insight into the services we deliver. That is why we are setting up service user panels for PIP and ESA claimants, their carers and advocates, and representative groups to gather views on PIP and ESA. The panels, which will start next month and will initially run for 12 months, will ask for people’s views on their experiences of claiming, capture new ideas for improvement and test reactions to specific changes and proposals. We wish to reach as many people as possible.
Penny Mordaunt
I am coming to the right hon. Gentleman’s point, if he will give me a moment.
We are working with charities and representative organisations to promote awareness and draw on their expertise. Following references to the panels in another place last month, we have started to see requests from claimants who are keen to participate. We are carrying out pilots to test whether there are any benefits to audio recording face-to-face assessments. The pilots, which started on 13 March, will last for six weeks and involve 400 claimants. We are trialling telephoning claimants to ensure all that the evidence they wish to be considered has been collected and submitted. That is critical to reducing the number of cases going to mandatory reconsideration and appeal, as my hon. Friend the Member for North Swindon (Justin Tomlinson) pointed out. We are giving people fuller reasons why they have not been successful to ensure that they understand those reasons exactly.
We have strengthened clinical support and clinical mentoring for the healthcare professionals who carry out assessments. Our assessors discuss with people the impacts on their life before taking a medical history. The hon. Member for North Durham (Mr Jones) raised the critical issue of ensuring that there is support throughout the assessment process, particularly for people with a mental health condition. I will not list all the things we do, but he will know that processes are in place, with special markers for such individuals. We are always interested to hear how we can improve those processes, but they are already part of the system.
Penny Mordaunt
I want to respond to the points that have already been raised. I will take an intervention if I have time, if the right hon. Gentleman will bear with me.
The health and work Green Paper and Paul Gray’s second review will both look at the issue of shared health records, which hon. Members mentioned. We have also been working more closely with Motability to ensure that the issues of appeals and counterproductive bureaucracy—hon. Members also referred to those issues—are resolved, and we will report back to the House as soon as possible. I assure my hon. Friend the Member for Kensington (Victoria Borwick) that the particular focus has been on young people and students. We are looking at what further we can do, and I assure my hon. Friend the Member for Wealden (Nusrat Ghani) that we are indeed working closely with the RNIB.
Let me turn to the specifics on mental health and the regulations. Supporting people with mental illness is a priority for this Government. That is why we are spending more on mental health provision than ever before— £11.4 billion this year alone. We have introduced the first ever access and waiting standards for mental health services. These changes and investments are already making a difference. Since 2010, the number of people accessing mental health services has risen by 40%—
Penny Mordaunt
I am coming on to the right hon. Gentleman’s point.
The number of consultant psychiatrists in this country has risen by 5%. We are working to join up the healthcare system, the welfare system and society more widely so that we focus on the strengths of people with disabilities or health conditions and what they can do if properly supported. It is for that reason that in the summer of 2015 the health and work unit was created in the Department of Health, and why in October last year we published, “Improving Lives”, the work and health—
Norman Lamb
On a point of order, Mr Speaker. You rightly ensured that the Minister had enough time to answer questions, but none of what she is saying is about the key issue in the regulations.
Mr Speaker
The right hon. Gentleman must seek to intervene if he can and pursue other mechanisms if he cannot.
Penny Mordaunt
I am coming on to the regulations, but I think that the key to this whole debate is that people are questioning the parity between mental health and physical health. I point out to the House that mental health was never more prominent on any previous Government’s agenda.
Penny Mordaunt
If Members will allow me, I will turn to the regulations—I will not repeat the statistics that show that PIP is more favourable than DLA for those with a mental health condition. Let me tackle the issues relating to the regulations.
Several Members have concluded that if someone is suffering from psychological distress, that would not count towards their score and they would somehow be prevented from scoring the maximum on the descriptors. That is not the case. As time is tight, perhaps I could place some case studies in the Library if that is in order, Mr Speaker. As has been pointed out, if someone is suffering from autism, PTSD, depression or a similar condition, they can score 12 points on that descriptor.
Let me cover the issues on process. We have used the most appropriate parliamentary procedure. It is set out in the Welfare Reform Act 2012. In the light of the significant and urgent consequences of the judgments, the amendments were passed to the Social Security Advisory Committee on 8 March—that is, after the regulations were laid. We have welcomed the Committee’s response and the fact that it did not wish to have the regulations referred to it for public consultation. We have also responded in full to the Committee’s recommendations. In particular, we have made it clear that we are committed to continuous improvement, as we recognise that it is important, for both quality and consistency, to ensure that PIP policy is clearly articulated. We have also made it clear that we will ensure that healthcare professionals who carry out the assessments fully understand what those amendments mean. The regulations were today passed by the Joint Committee on Statutory Instruments.
In the seconds I have left, I reassure the House that the regulations simply restore the original aim of the policy, as previously debated, and that we are delivering PIP in line with its original intent. We stress again that the changes will not result in claimants seeing a reduction in the amount of PIP awarded by the Department.
Question put and agreed to.
Resolved,
That this House has considered changes to Personal Independence Payment Regulations.
Karl Turner
On a point of order, Mr Speaker. In an earlier intervention on my right hon. Friend the Member for East Ham (Stephen Timms), I forgot to mention an indirect interest: my wife sits as a tribunal judge. I apologise to you, Mr Speaker, and the House.
Mining: Health and Safety
Penny Mordaunt Excerpts(7 years, 1 month ago)
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The Minister for Disabled People, Health and Work (Penny Mordaunt)
I thank the hon. Member for Livingston (Hannah Bardell) for securing this debate and for her passionate speech on an issue that is important to her and her constituents, as well as to the Government and the House. It gives us the opportunity to recognise the bravery of those workers at Burngrange mine, who, in providing for their families and securing resources for our country, made the ultimate sacrifice.
The hon. Lady and her constituents have rightly marked the 70th anniversary of that appalling disaster with honour and dignity for the men who did not come home to their families on 10 January 1947. One of the most moving parts of the tribute she paid was when she read out not only the names but the ages of those who were impacted. We got an impression from that of how the disaster affected a whole community. Often, people are in such a job for life. The age range of 24 to 50 gives a sense of that, and it was a very moving part of her speech. She has done a tremendous job in paying tribute not only to all those who were killed or affected by the disaster, but to all those who work, and have worked, in the profession and the communities that support them. It is a rare occasion when we read out in this place the names of people killed in such tragedies, but it is very fitting that she has done so. I understand from the Clerks that the hon. Lady tried to get this debate to fall as close as she could to the anniversary of the disaster. Things never work out perfectly, but her constituents and many others will appreciate that.
Before I go on to talk about the UK’s safety record and other issues that the hon. Lady raised, I would like to touch on some of the international tragedies that have occurred. She mentioned some; sadly, there are many others. In 1995, 104 miners died after falling down a mine shaft in South Africa. In 2006, 65 coal miners were killed in a gas explosion in northern Mexico. In 2007, at least 90 were killed in Ukraine’s worst mining disaster. In 2011, 52 people were killed in south-western Pakistan after a gas explosion in a deep coal mine.
It is important that we remember that this an international issue because of the role of the Health and Safety Executive, which has considerable expertise. Some 50% of the inspectorate that looks after this issue, as well as others, have worked in the mining industry for much of their career, and they have ambitions to export their expertise. The HSE’s latest business plan shows that it is clearly trying to do more of that. We have a good record on this, and huge expertise. We can make a real contribution, particularly in developing nations where often when disaster strikes the situation is unimaginable. This is important work, and I encourage the HSE to do it. It is doing a huge amount already. Recently, for example, it has been leading some work on ventilation issues in Australia and on engineering safety in Russia; the hon. Lady particularly referred to that country.
I pay tribute, as the hon. Lady did, to all those others who step in when such disasters strike to provide support and expertise to the rescue and recovery operation. I am particularly proud of this because the combined international rescue services that are contributed to by the UK’s blue light services train and drill for such events annually in my constituency. Her debate affords me the opportunity to pay tribute to them as well.
Burngrange and other mine incidents led to the introduction of a great deal of legislation in the latter half of the 20th century. The official report on that explosion and fire contains a number of important recommendations for improving health and safety in mines, including instructions on the use of safety lamps; how explosives should be selected, stored, handled and used safely; and the need for adequate ventilation and sampling of a mine’s atmosphere. Health and safety regulation in this country has improved greatly over the past 70 years, learning from previous experiences in order to try to prevent, as far as possible, disasters and other incidents that can lead to loss of life, injury or ill health. At the time when the Health and Safety at Work etc. Act 1974 was introduced, there were 651 fatalities to employees; today, the number is 105. That is progress made, but clearly more still needs to be done.
In 2014, following an extensive review, the Mines Regulations 2014 replaced all previous legislation relating to health and safety in underground mines—some 45 sets of regulations and the relevant parts of two Acts of Parliament. Importantly, they provided a comprehensive and simple goal-setting legal framework to ensure that mine operators provide all the necessary protection for mineworkers and others from the inherent hazards in mines. The regulations contain requirements relating to the key organisational aspects of safe management of a mine and to the key physical hazards to underground mining, the principal major hazards of which are unique to that particular sector.
In addition to the industry-specific mines regulations with which mine operators must comply, there is the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, the Dangerous Substances and Explosive Atmospheres Regulations 2002 and the Control of Substances Hazardous to Health Regulations 2002.
About 2,000 workers are still involved in underground mining and they deserve the highest standards of health and safety. As the hon. Member for Strangford (Jim Shannon) pointed out, often that will mean working in partnership with other organisations. I thank him for his intervention.
The Health and Safety Executive has a regulatory intervention plan for every underground mine in Great Britain, no matter whether it is still active or whether it is there for heritage and tourism purposes. That reflects the specific inherent hazards of mines and their previous health and safety performance. Those that bear the greatest risk and have the poorest record receive the most attention. Inspectors base their regulatory interventions on those plans, which are proactive.
I understand that the Scottish Parliament has tabled a motion to mark Workers’ Memorial Day—I do not know whether the hon. Member for Livingston will table a similar motion in this Parliament—on Friday 28 April, which affords us another opportunity to remember all of those who work in these important but dangerous industries, and to pay tribute to what they do and to those who have lost their lives.
Mr Dennis Skinner (Bolsover) (Lab)
I wonder whether at this point the Government representative could try to recall that those same miners that we are talking about, many of them the sons of miners who went down the pit, were the very people that the previous Tory Prime Minister, Mrs Thatcher, called “the enemy within”. We are talking about all those people who lost their lives, including the 81 in Creswell in my constituency who were consumed by flames and had to be locked in—they could not get them out—and the 18 people who fell down the shaft to their death at Markham colliery in Derbyshire. They were the same people that the previous Tory Prime Minister called “the enemy within”. I think at this moment it would be right and proper for this Government to say that that was not the reality about these people who went down the pit day after day. Surely this is the time to say so.
Penny Mordaunt
I hope that, in what I have said today and what I will go on to say, I have paid tribute to those people. My maternal grandfather was a miner. I have spoken about the hazards that people face in that and other professions. Without their service the country could not continue its industrial projects. We owe them a great deal. On the politics of these matters, the hon. Gentleman and I would probably disagree, but the purpose of the debate is to pay tribute to those who work in these professions and to remember those who lost their lives at Burngrange, in particular, and in other disasters around the world. I am sure that that will not have satisfied the hon. Gentleman—
Penny Mordaunt
I will move on to the other points that the hon. Member for Livingston has raised. Quite rightly, she touched on what Departments can do through their policies to encourage good practice, and to encourage other countries to take health and safety as seriously as we do. In my Department, which is responsible for the Health and Safety Executive, considerable opportunities come with the HSE’s ambition to export its good practice, and that is important. I will certainly ask my counterparts at the Department for Business, Energy and Industrial Strategy to write to the hon. Lady about specifically how it is developing its energy strategy to take into account the very valid points that she raises.
On the matter of regeneration for affected communities, I may be in danger of agreeing with the hon. Member for Bolsover (Mr Skinner). One thing that was not done well in the past was securing the regeneration of areas where industries on which entire communities had depended were collapsing. Where that happens, swift intervention and investment are required.
One of the privileges of my first ministerial post in the Department for Communities and Local Government was working with local enterprise partnerships on getting particular investment into such areas. Part of the recipe for success in rebuilding those areas was mining heritage. Many projects, whether they were about creating business parks around energy or creating a tourist offer, would come back to an area’s mining heritage. That ties in very well with the important points that the hon. Lady has made about heritage. We need to remember that heritage and give it the status that it should have as part of our nation’s history. I will also ask the Department for Communities and Local Government to write to the hon. Lady to update her on the specifics of the growth funding that has gone into former coal mining areas.
Alan Brown
Just before the Minister closes, she may be aware that the UK Government pulled funding from the Coalfields Community Trust, although the Scottish Government still provide funding in Scotland. Is that not something that the Government should look at? My final point is about mineworkers who have survived. She may be aware that the Government take 50% of the annual returns from the mineworkers’ pension pot, and I suggest that the Government should reconsider that as well.
Penny Mordaunt
The hon. Gentleman refers to the trust, which was closed and wound up. However, other sources of funding were made available through the usual growth funding channels, and much of that funding has been directed into the communities that we are discussing. I know that, because I was at the Department looking at how those funds had been allocated. Whether we are talking about mining or other industries that are not providing the necessary support to communities across the UK, we need to have a strong plan and vision for those communities and what will replace those industries. We should not leave people without that.
Hannah Bardell
The hon. Lady has made some very encouraging and positive points, and I look forward to receiving those responses. On the distribution of funds, does she consider it appropriate for the former mining communities to be considered alongside other communities for the city growth plans and deals? That seems to me to be an ideal criterion to apply in considering the distribution of funds, because the areas of worst deprivation and challenge are often outside city centres, such as those in my constituency and that of my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown).
Penny Mordaunt
The hon. Lady makes a very good point. If one aspect of what makes a community strong and economically viable is removed, other aspects—the education system, the ability to attract teachers and all sorts of things—start to become harder. It is absolutely vital, as I know from my own constituency, to have a clear vision for and proposition on how the economy will not only grow, but be stable. That may mean diversification, or a different approach to the strengths and assets a particular community has had, but that is the key to success. It is what attracts not only public money and investment, but private investment, which is what some of these communities need.
Mr Skinner
The Minister has failed to answer the point about the money that the Government take from the mineworkers pension scheme. Now there are no deep-mine pits left in Britain at all—just a few private mines and bit of open-casting—can we have an assurance that the Government will cease taking that money out of the pension scheme so the miners she is talking about get an even better pension?
Penny Mordaunt
The hon. Gentleman raises a serious point that deserves a serious answer, but given the limits on me in this Adjournment debate, may I ask him to write to the Parliamentary Under-Secretary of State for Pensions?
Penny Mordaunt
I am sure I do not need to encourage the hon. Gentleman to keep going, but if he is not satisfied with an answer, he should write again. I am afraid that I am not able to add anything to what the Pensions Minister will already have told him.
Unless there are any other interventions, I thank all hon. Members for their contributions. In particular, I thank the hon. Member for Livingston, who has done a great service to all those who lost their lives in this tragedy and to all those touched by it.
Question put and agreed to.
Oral Answers to Questions
Penny Mordaunt Excerpts(7 years, 1 month ago)
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Mr Stephen Hepburn (Jarrow) (Lab)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
The Department robustly monitors provider performance and independently audits assessments. Assessment reports deemed unacceptable are returned for rework. A range of measures, including contractual remedies, are used to address performance falling below those standards.
Lilian Greenwood
A constituent contacted me after she submitted a claim for personal independence payment and then had to wait 12 weeks for the home assessment appointment she needed. Capita finally telephoned, giving less than 48 hours’ notice of the visit, only to cancel 10 minutes before the appointed time. After three and a half months, she is still no nearer receiving the support she needs. I know from my discussions with the Meadows Advice Group that she is just one of dozens of disabled people being let down by the Minister’s Department. When will the Minister address this catalogue of failure?
Penny Mordaunt
If the hon. Lady would let me have sight of that case, I will look into it in particular, because it is unacceptable and falls below the performance and the courtesy, quite frankly, that we would want from our providers. People’s personal experience is very important in getting this process right. I am pleased to be able to say that from April we will commence the user rep panels, with about 300 people initially, across the UK, to whom we will give real-time experience of PIP and ESA—employment and support allowance.
Mr Hepburn
We have all had cases like that, but could it not only be an arrogant Tory Government who ignore legal decisions that override expert medical opinion in order to deprive people with mental health issues of the right to benefits? What level of cuts has the Minister promised the Chancellor in order to get this policy through?
Penny Mordaunt
I am afraid that the hon. Gentleman is being very irresponsible in saying that. He knows that there is no change to policy, to budget or to award amounts. I remind him that people with mental health conditions are receiving higher levels of benefit than they did under DLA. This benefit is not about people’s conditions; it is about the impact that those conditions have on the individual’s ability to thrive and live their life as they would wish. It is quite wrong and irresponsible to suggest anything otherwise.
Justin Tomlinson (North Swindon) (Con)
The vast majority of successful appeals are due to late additional submitted evidence. Therefore, to avoid unnecessary appeals, what steps is the Minister taking to automatically access medical reports with the consent of the claimant?
Penny Mordaunt
This is one of the key reasons why not only is 3% of the PIP caseload being overturned at appeal, but we are not getting the right decision at mandatory reconsideration stage. We have been doing a number of trials to improve that, including telephoning claimants to ensure that all the healthcare information that is required for a good assessment and a good decision is in place. There are other measures as well. I hope that this will improve the situation.
Caroline Ansell (Eastbourne) (Con)
Any delay in making the PIP award is stressful for the person in need of that support and creates inefficiencies in a very pressed system. A number of cases successful at first tier tribunal are challenged by the Department and then ultimately upheld. Can the Minister assure me that this number is monitored, statistically insignificant, and, in light of improvements in assessment, falling?
Penny Mordaunt
I can give my hon. Friend those assurances. In addition to the measure that I have mentioned, there are a number of other trials going on and a number of changes that our providers are making—for example, sitting down with someone and talking about the effects of their condition on their ability to live their lives prior to a medical history being gathered.
Ronnie Cowan (Inverclyde) (SNP)
One thousand and ninety-nine people currently use the Motability scheme in Inverclyde. It can be over eight weeks before a successful appeal, and during that time claimants are without their car. What is being done to address this specific issue?
Penny Mordaunt
As I have reported to this House before, we have been working ever closer with Motability— a great scheme in its 40th year. We are looking at a number of issues, such as appeals; people who may wish to leave the country, whether for study, work experience, or any other reason; and potentially extending the scheme to other groups. We will report on that review as soon as we can.
Andrew Bridgen (North West Leicestershire) (Con)
Can the Minister confirm that far from cutting support for disabled people, disability spending will increase every year to 2020 relative both to 2010 and today?
Penny Mordaunt
My hon. Friend is absolutely right that spend will increase, but it is also vital that this Government look at other issues, as we are doing—for example, on the consumer agenda. It is no good our spending money and getting the employment support right if buildings are not accessible and people cannot make use of these opportunities.
Ms Marie Rimmer (St Helens South and Whiston) (Lab)
Last Thursday, at business questions, the Leader of the House stated that there would be a debate on the Government’s emergency PIP regulations, which will affect the eligibility for PIP of more than 160,000 people, mainly those with mental health conditions. However, he failed to give a date, and the praying against period comes to an end on 3 April. If there is no debate and vote before the House rises for Easter, even if the House votes against the regulations next month they will not automatically be revoked. That represents a huge democratic deficit. Will the Minister now commit to scheduling a debate and vote this week?
Penny Mordaunt
The hon. Lady will know that that is not within my gift; it is for the usual channels. It is not correct to say that the regulations will affect 160,000 people. [Interruption.] No, there is no policy change. There is no change to the budget, and there is no change to the guidance that we have issued to our assessment providers. It is quite wrong to raise fear by saying to people that they will be affected. No awards will be affected, and we are operating exactly the same policy and guidance in our assessment practices as we have done before.
Dr Philippa Whitford (Central Ayrshire) (SNP)
Paul Blomfield (Sheffield Central) (Lab)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
Recent changes to the PIP regulations clarify the original criteria used to decide how much benefit a person receives. This is not a policy change or a budget change, and it will not result in any claimants, regardless of their health conditions, seeing a reduction in the amount of PIP they have been awarded.
Dr Philippa Whitford
Former Sergeant William Bradley, who is one of my constituents, developed severe PTSD and depression while serving in the Gulf war, and he was medically discharged from the Army in 2003. He had been on the enhanced PIP rate since 2014, but it was cut to the lower rate last year. Following an appeal, it has now been removed completely. The reply from the PIP hotline was that someone with mental health issues can work, and that this is really a benefit for people with severe physical disabilities. Will the Minister meet me to discuss this awful case, or, if PIP is not the right benefit for those with mental illness, can she explain what is?
Penny Mordaunt
What the hon. Lady tells me has happened is truly shocking. I would be incredibly surprised if somebody who was manning that hotline said those things to the hon. Lady. I am not saying that I doubt her story, but I would like to see that and I would like to know, if possible, the exact time that that conversation took place, because that is quite wrong. I would be happy to meet the hon. Lady.
The statistics show that if someone has a mental health condition—if they have PTSD, dementia, a psychological disorder or another mental health condition —they are better served under this benefit. It is important that people know that.
Penny Mordaunt
The Committee is within its rights to look at the decision. It did so, and it concluded that it would not formally review that decision. We have used the urgency procedure, as it was within our rights to do, to establish certainty. We do not want there to be a long period of uncertainty around this, and we do not want to be in the position of having to take money off people. What we have done is to restore that certainty. Everyone knows where they are, and people know that there is no change and their awards will not be changing.
Paul Blomfield
It was a constituent of mine whose case led to the recent tribunal ruling that clarified the eligibility criteria for PIP, and to the Government’s subsequent amendments to the regulations. She lives with multiple health problems and was supported by Sheffield Citizens Advice, which is due to publish a report later this week on the wider impact of the shift from DLA to PIP and the particular effect that it is having on the over-65s. Will the Minister agree to meet me and Citizens Advice to discuss its recommendations?
Penny Mordaunt
I would be very happy to meet the hon. Gentleman to do so. PIP is a better benefit than DLA—it better serves a wider range of people with a wider range of conditions better—but we can always make improvements to the system, and I would be very happy to meet him.
Kevin Foster (Torbay) (Con)
In relation to PIP, will the Minister assure me that the DWP is engaging with those with experience of mental health conditions to ensure that our programmes and our frontline staff have a proper understanding of how a mental health condition can have an impact on someone’s life?
Penny Mordaunt
I can give my hon. Friend such an assurance. In addition to the user rep panels that we are introducing in April, we have been conducting a trial since mid-March—it will take about six weeks—looking at audio recording, which should involve about 400 claimants. That is a tool not just to guarantee quality, but to provide reassurance to the claimant.
Mr David Burrowes (Enfield, Southgate) (Con)
Some of those who are eligible for PIP may well lose entitlement to the work-related activity group element come 1 April. Will the Minister reassure me that whether through the flexible support fund, the hardship fund or indeed third-party deals, there will be full mitigation for the losses they incur from 1 April?
Penny Mordaunt
I can give my hon. Friend such an assurance. People are open to apply to the financial channels he mentions if they need further support. We have been doing some work in the Department on social tariffs and budgeting, which will be rolled out across our Jobcentre Plus network, and all the elements of the support offer for that group are already in place.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Last week I had to deal with a constituent whose benefits had been stopped because she missed an appointment to be assessed for PIP. She missed that appointment because she was an in-patient in hospital in Aberdeen. Even after evidence of that had been exhibited to the Minister’s Department, it twice refused to reinstate her benefits because it said that it had done nothing procedurally wrong. Is the Minister content that that is how the system is supposed to work?
Penny Mordaunt
The right hon. Gentleman will know that that is not how the system is supposed to work. If there is a reasonable reason why someone has not attended an appointment, missing it should not count against them. I am quite happy to look at the case that he cites, but that should not be happening.
James Berry (Kingston and Surbiton) (Con)
Lucy Allan (Telford) (Con)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
I can give my hon. Friend that assurance. There will be no change to award amounts, the budget or the policy. The benefit does not relate to a particular condition, but to how a condition has an impact on someone’s life. It is about the social definition of disability. I assure her constituents that that will continue to be the case.
Owen Thompson (Midlothian) (SNP)
Penny Mordaunt
I thank my hon. Friend not only for signing up to be a Disability Confident employer himself but for accepting that challenge, as many Members on both sides of the House have. If every Member of this House accepted the challenge, we would sign up enough employers to reach a quarter of the working population of the UK. I thank him for his leadership in that and wish him well on his visit to his chamber of commerce.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Kate Green (Stretford and Urmston) (Lab)
Six out of 10 people with epilepsy who were migrating from DLA to PIP and were surveyed by Epilepsy Action saw their benefit removed or reduced. That compares with two out of 10 people who are migrating overall. Are Ministers confident that assessors and decision makers properly understand the fluctuating, sporadic and life-limiting condition of epilepsy, so that they can make the right decisions?
Penny Mordaunt
We are aware of that. That is one reason why we have increased the clinical support that is available to assessors. They are all healthcare professionals, so they will have that expert advice on hand in the assessment centres. That is something that we brought in recently.
Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)
Has the Secretary of State watched or listened to an appeal hearing for PIP applicants? I have received information and representations from a number of constituents who feel intimidated and misrepresented by the process. What steps is he taking to ensure that the people involved in the process are treated with the respect, dignity and compassion that they deserve?
Penny Mordaunt
I thank the hon. Lady for her comments. We think about every stage of this process. Clearly, if people appeal and those appeals are upheld, we have not got it right earlier in the process. I have mentioned some things that we are doing to build trust, confidence and support. We are also introducing a video relay service in April, which will be of particular help to those who are deaf or hard of hearing. There are a number of small changes like that that we can make to ensure that we get a good result earlier in the process.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
I have a 28-year-old constituent who was injured in the line of duty in 2010. He was awarded a tier 3 military pension, which is reserved only for the most severely injured, but he is due to lose his Motability vehicle and that decision was upheld on mandatory reconsideration. Is that seriously the type of person the Government wish to leave housebound?
Penny Mordaunt
I would say two things in response to that question. First, we have been considering particular issues around our armed forces in the Green Paper, which gives opportunities not just for ESA but for PIP. We are also looking at being able to passport information that may be in someone’s war pension record or medical history into our benefits system. I am quite happy to look at the case the hon. Lady raises with regard to Motability.
Melanie Onn (Great Grimsby) (Lab)
What does the Minister say to the private landlord who came to see me with his tenant with concerns about future eviction rates if there is no option under universal credit for rent to be paid directly to landlords?
Stephen Timms (East Ham) (Lab)
We have been reminded that new claimants of employment and support allowance will get a much lower rate of benefit, starting in about 10 days. Some of those people will find themselves in serious difficulty. Do Ministers have any new proposals to help?
Penny Mordaunt
We do. In addition to the support offer, all the elements of which are in place, the Department has been doing a number of things, one of which is a big piece of work on social tariffs, which is about enabling people to have the right tools and information to reduce their household outgoings and giving them budgeting support.
Neil Gray (Airdrie and Shotts) (SNP)
In November last year, my motion calling on the Government to at least pause employment and support allowance cuts until mitigation or Green Paper proposals were brought in was carried unanimously by the House. Given that this is the last parliamentary week before the cuts take place on 3 April, will the Minister confirm whether the mitigations she promised will be laid before the House for scrutiny?
Penny Mordaunt
They are already in place. I think this is a misunderstanding that the hon. Gentleman had. The elements that were outlined in the Green Paper were not speculative or things that we would be consulting on; they were things we were going to do. All the elements, including all the recruitment for all the community partners around the country, are in place now.
Chris Stephens (Glasgow South West) (SNP)
Let me return to the issue of the DWP estate and travel times. Given that this information has been gathered via Google Maps, which has been shown to be inaccurate as some bus services are no longer operational, will the Minister tell me what tests have been carried out to check the accuracy of the information? If there is a possibility of the ministerial guidance being breached, will any further proposed closures will go to public consultation?
Draft Mesothelioma Lump Sum Payments (Conditions and amounts) (amendment) Regulations 2017
Draft Pneumoconiosis etc. (Workers’ compensation) (payment of claims) (amendment) regulations 2017
Penny Mordaunt Excerpts(7 years, 2 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Disabled People, Health and Work (Penny Mordaunt)
I beg to move,
That the Committee has considered the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017.
The Chair
With this it will be convenient to consider the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017.
Penny Mordaunt
These two statutory instruments will increase the value of lump sum amounts payable under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and the diffuse mesothelioma scheme set up by the Child Maintenance and Other Payments Act 2008. The two schemes stand apart from the main social security benefits uprating procedure, and there is no legislative requirement to review the level of payments each year. However, we wish to increase the amounts payable for 2017 by the consumer prices index, which is 1%—the same rate as is being applied to some other social security disability benefits and industrial injuries disablement benefit. The new amounts will be paid to those who first satisfy all the conditions of entitlement on or after 1 April 2017.
The Government recognise that people suffering from diseases caused by exposure to asbestos or a number of other listed agents may be unable to bring a successful civil damages claim in relation to their disease. That is mainly owing to the long latency period, often stretching back decades, between exposure and the onset of the disease. By providing lump sum payments through the two schemes, we fulfil an important role to sufferers of certain dust-related diseases, including asbestos-related diseases. The schemes also aim to ensure that sufferers receive compensation in their lifetime while they themselves can still benefit from it, without first having to await the outcome of civil litigation.
I will briefly summarise the specific purpose of the lump sum compensation schemes. The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme, which I will refer to as the ’79 Act scheme, provides a lump sum compensation payment to those who suffer from one of five dust-related respiratory diseases covered by the scheme, who are unable to claim damages because the relevant employer has gone out of business or who have not brought any action against others for damages. The five diseases covered by the ’79 Act scheme are diffuse mesothelioma, bilateral diffuse pleural thickening, pneumoconiosis, byssinosis and primary carcinoma of the lung, if accompanied by asbestosis or bilateral diffuse pleural thickening.
The 2008 mesothelioma lump sum payments scheme provides compensation to people who contract diffuse mesothelioma, but are unable to claim compensation for that disease under the ’79 Act scheme—for example, because their exposure to asbestos was not due to their work. The 2008 scheme allows payments to be made quickly to sufferers at their time of greatest need. Under both schemes, a claim can be made by a dependant if the sufferer has died before being able to make a claim.
Payments under the ’79 Act scheme are based on the level of the disablement assessment and the age of the sufferer at the time the disease is diagnosed. The highest amounts are paid to those diagnosed at an early age and with the highest level of disablement. All payments for diffuse mesothelioma under the ’79 Act scheme are made at the 100% disablement rate: the highest rate of payment. Similarly, all payments under the 2008 scheme are made at the 100% disablement rate and are based on age, with the highest payments going to the youngest sufferers. In the last full year, April 2015 to March 2016, 3,920 people received payments under both schemes, totalling just shy of £54 million. For the current year, 2016-17, we estimate that just over 4,000 payments will be made under those schemes, totalling just over £54 million.
Chris Stephens (Glasgow South West) (SNP)
As I understand it, the last uprating of compensation was in 2015. Is there any reason why there was no uprating in 2016?
Penny Mordaunt
I will come to that. There are a number of issues around putting this on a statutory footing, but what we are trying to do today is to ensure that the benefits are uprated—that is the main purpose of the statutory instruments before us. It is not to change the way in which we do this.
I am aware that the incidence of diffuse mesothelioma is a particular concern of Members, with the number of deaths in Great Britain at historically high levels. Diffuse mesothelioma has a strong association with exposure to asbestos and current evidence suggests that about 85% of all male mesotheliomas are attributable to asbestos exposures that occurred through work. Those diagnosed with diffuse mesothelioma have a life expectancy of less than 12 months from diagnosis, with the sufferer becoming severely disabled soon after diagnosis.
The number of cases reflects the long latency period of the disease. Our latest available information suggests that there will continue to be about 2,500 diffuse mesothelioma deaths per year for the rest of this decade, before annual cases begin to fall, reflecting a reduction in asbestos exposure following its widespread use before 1980.
The regulations increase the levels of support through the statutory compensation schemes. I am sure we all agree that although no amount of money can ever compensate individuals and families for the suffering and loss caused by these terrible diseases, those who are suffering rightly deserve and need some form of monetary compensation. The statutory schemes provide an essential element of that support.
I am required to confirm to the House that these provisions are compatible with the European convention on human rights, and I am happy to do that.
Penny Mordaunt
I thank Members for their comments and questions. Starting with the equalisation of awards, the 1979 Act scheme and the 2008 Act scheme allow dependants of deceased sufferers to claim lump sum compensation. Dependents may claim because the sufferer did not know about the schemes in life or because they passed on before being able to pursue a claim.
The value of the awards paid to sufferers and dependants has always differed, historically. The rationale is that limited resources should be targeted on those who would most benefit from the awards: the sufferers themselves. The issue is complex. To amend the 1979 Act to equalise those awards without creating losers in the scheme would require comprehensive changes to the payment and claims legislation under the 1979 Act. We estimate that were the 2017-18 uprating exercise to equalise sufferer and dependant awards, it would require an additional £2 million a year from the departmental expenditure limit budget.
The hon. Member for St Helens South and Whiston asked specifically about the breakdown between sufferer payments and dependant payments. In 2015-16, sufferer payments totalled £51.3 million, and dependant payments were £2.6 million. The bulk clearly goes to those who are still alive.
I turn to the hon. Lady’s questions about the Health and Safety Executive. Like every other organisation, the Health and Safety Executive is having to tighten its belt and do more with its budget, but I am pleased to say that it is being successful. The hon. Lady may be aware of its ambition to do more on health—historically, it has been focused on the safety part of its remit. It has launched some major campaigns and its own consultation exercises, alongside our work and health Green Paper.
Specifically, following its major campaign on asbestos awareness, which kicked off in October 2014 and ran until March 2015, the Health and Safety Executive continues to make a wide range of information freely available through its website. The “Beware Asbestos” app, a legacy of that major campaign, has also been highlighted in trade magazines and by trade associations. Further specific awareness-raising activities may also be considered in the future.
I now turn to the point that the hon. Lady and the hon. Member for Glasgow South West both made. We have considered the merits of aligning the uprating of these schemes with the annual uprating of other social security benefits. However, there was considered to be a risk that such an approach would marginalise the discussions around these particular disease areas. By presenting this measure today, the Government recognise the continued importance of uprating those lump sum payments by inflation, but of course we keep this matter under review.
On the specific point about 2015, the consumer prices index at that time was minus 0.2%, so there would not have been an uprating on that. We use the consumer prices index because of what we do in respect of other benefits, although I take the hon. Gentleman’s point that he might want a different measure to be used across all benefits.
I now turn to the other scheme and the issue of impact assessment. We have not prepared an impact analysis for these instruments as they do not have an impact on the private sector or civil society organisations. In relation to the incidence of mesothelioma more generally, the Health and Safety Executive already publishes comprehensive information regarding asbestos-related diseases, including mortality and occupational data for mesothelioma. I understand that updated data are planned for publication later this year. However, if Opposition Members feel that that is not thorough enough or that information is missing, they can write to me and tell me what the Health and Safety Executive is not specifically providing. I will certainly look at that.
Chris Stephens
I thank the Minister for giving way. On the non-alignment with social security benefits, does she not agree that there is a sensible argument for looking at consulting with trade unions and other organisations—asbestosis campaigners and the rest?
Penny Mordaunt
I thank the hon. Gentleman for his comments. As the Minister who looks after these and other benefits, and health and work, my door is always open to people who wish to make representations and suggestions about how we can improve things. As the hon. Gentleman will know, we are doing a huge amount of work in the Department at the moment on our health and work Green Paper, which has recently closed. A huge amount of activity during that consultation was specifically with the trade unions, which have a massive role to play in this agenda going forward. We absolutely want to improve things where we can, and I am always happy to receive any representation that any organisation wishes to make.
I thank hon. Members for their comments. I am happy to follow up on the issue of the specific information that the Health and Safety Executive supplies.
Question put and agreed to.
DRAFT PNEUMOCONIOSIS ETC. (WORKERS’ COMPENSATION) (PAYMENT OF CLAIMS) (AMENDMENT) REGULATIONS 2017
Resolved,
That the Committee has considered the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017.—(Penny Mordaunt.)
Social Security
Penny Mordaunt Excerpts(7 years, 2 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Disabled People, Health and Work (Penny Mordaunt)
Today I am laying before Parliament amendments to the personal independence payment (PIP) regulations to restore the original aim of the benefit, making sure we are giving support to those who need it most.
PIP is a modern and dynamic benefit which contributes to the extra costs faced by people with disabilities and health conditions. It replaces disability living allowance (DLA), which no longer properly took into account the needs of disabled people. Since PIP’s introduction, greater support is going to the most vulnerable; over a quarter of those on PIP receive the highest level of support compared to just 15% of DLA’s working-age claimants.
At the core of PIP’s design is the principle that non-physical conditions should be given the same recognition as physical ones. That is why we developed the assessment criteria in collaboration with disabled people and independent specialists in health, social care and disability. Now, over two thirds of PIP claimants with mental health conditions get the higher daily living award, worth £82.30 per week, compared to 22% under DLA.
The Government continue to monitor the effectiveness of PIP to ensure it is delivering its original policy intent and supporting those who face the greatest barriers to leading independent lives. Two recent upper tribunal judgments have broadened the way the PIP assessment criteria should be interpreted, going beyond the original intention. In order to make sure the initial purpose of PIP is maintained, we are making drafting amendments to the criteria which provide greater clarity. This will not result in any claimants seeing a reduction in the amount of PIP previously awarded by DWP.
The first judgment held that needing support to take medication and monitor a health condition should be scored in the same way as needing support to manage therapy, like dialysis, undertaken at home. Until this ruling, the assessment made a distinction between these two groups, on the basis that people who need support to manage therapy of this kind are likely to have a higher level of need, and therefore face higher costs.
The second judgment held that someone who cannot make a journey without assistance due to psychological distress should be scored in the same way as a person who needs assistance because they have difficulties navigating. By way of example, the first group might include some people with isolated social phobia or anxiety, whereas the second group might include some people who are blind. Until this ruling, the assessment made a distinction between these two groups, on the basis that people who cannot navigate, due to a visual or cognitive impairment, are likely to have a higher level of need, and therefore face higher costs.
If not urgently addressed, the operational complexities could undermine the consistency of assessments, leading to confusion for all those using the legislation, including claimants, assessors, and the courts. It is because of the urgency caused by these challenges, and the implications on public expenditure, that proposals for these amendments have not been referred to the Social Security Advisory Committee before making the regulations.
PIP is being devolved to the Scottish Government and I will continue to work closely with Scottish Ministers on the transfer of responsibilities.
The Social Security (Personal Independence Payment) (Amendment) Regulations 2017, Explanatory Memorandum and Equality Analysis will be available at www.legislation.gov.uk.
[HCWS495]
Oral Answers to Questions
Penny Mordaunt Excerpts(7 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Dominic Raab (Esher and Walton) (Con)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
We have been seeking views on this through the “Work, Health and Disability” Green Paper. We are also investing £100 million in trialling voluntary employment initiatives to consider what works for this group, including embedding employment advisers within the NHS talking therapy services.
Charlie Elphicke
I thank my hon. Friend for that reply. Does she agree that local voluntary groups, such as the Talk It Out mental health group in my constituency, do invaluable work to help people to be work-ready, and that we must do more to support them?
Penny Mordaunt
I agree that voluntary organisations have huge insight and expertise that we can tap into, and I commend the work of Talk It Out in my hon. Friend’s constituency. We are recruiting 200 community partners throughout the Jobcentre Plus network so that we can ensure we reach all those organisations and benefit from their huge experience and wisdom.
Penny Mordaunt
My hon. Friend has hit on a theme of the Green Paper. Much work is going on in this area, not only for those with mental illness but for those with a learning disability. One health trial is currently looking at discounting business rates for employers with good mental health practice.
Stephen Timms (East Ham) (Lab)
The Government’s laudable aspiration to halve the disability employment gap is completely meaningless without a date being attached to it. What is the Minister’s latest assessment of how long it will take to halve that gap?
Penny Mordaunt
The target of halving the disability employment gap is at the same time both hugely ambitious and hugely underwhelming. We should be working to ensure that everyone can reach their full potential. I have asked the Department—the right hon. Gentleman’s office will have been supplied with this information—to look at the local need in all our constituencies. How many people with a learning disability do we need to ensure can get into work? How many people with particular conditions are we focused on? We need to focus on those numbers, not on some arbitrary formula that will change with all sorts of other factors. The labour market survey will still contain all the measures it has contained in the past, but if we are really to crack this issue we need to focus everyone locally on the local numbers.
Ian C. Lucas (Wrexham) (Lab)
I agree with the aim that the Minister has outlined, but in my constituency office the overwhelming issue, particularly for those with mental health conditions, is the assessment process for personal independence payments, which is causing individuals real distress and great worry about their future and their ability to support themselves. I welcome the work being done with local partners, because at the moment the system is not working. The sooner the Government realise that, the better.
Penny Mordaunt
I thank the hon. Gentleman for his comments. We are clearly looking to reform the work capability assessment on employment and support allowance. That affords us some opportunities to look at the PIP assessment process, to which there have already been many improvements. If we can ensure that both those systems are sharing data properly, we should be able to reduce the burden on the claimant.
Andrew Bridgen (North West Leicestershire) (Con)
Penny Mordaunt
The Access to Work programme is popular, and is just one of the Government’s schemes to provide support and financial assistance to employers. One way in which we are publicising that is through the Disability Confident scheme, which we relaunched last autumn. Around 4,000 organisations have now signed up to it, and it is one way of ensuring that employers really do understand the support that is there for them, as well as the huge talent and insight that this group of people can bring to their workforce.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
Many people with mental health problems pay the bedroom tax. Three months ago, the Government lost three cases in the Supreme Court that had been brought by disabled people over the bedroom tax. How has the Department identified other disabled people who should not be paying that tax, and when will disabled people in Bermondsey and Old Southwark and across the country stop having to pay it?
Penny Mordaunt
As the hon. Gentleman knows, there is a discretionary fund that is administered at a local level. Many local authorities have not accessed the fund. The vast majority of people, including those who are disabled, are exempt from the scheme. If he has examples of cases where that is not happening, he should write to us and let us know.
Chris Davies (Brecon and Radnorshire) (Con)
Penny Mordaunt
In addition to the community partners that we are recruiting to ensure that we have local networks plugged into our Jobcentre Plus scheme, we are also looking at opportunities for where that sector can increase the services that it already provides and derive an income from them. One such example is our one-stop-shop hub for employers, which can be a shop window for many of the organisations that already provide support to employers and that want to do more.
Ms Angela Eagle (Wallasey) (Lab)
Will the Minister say a little more about how ESA and PIP assessments for those with mental illnesses work? I have six cases where mandatory reconsideration letters are identical to the letters providing the original decision. I have four cases—she knows of one of them because she has written to me about it—where the wrong information, about other people, has been cut and pasted into the mandatory reconsideration letter.
Penny Mordaunt
Let me point out that only 3% of those decisions are overturned. The vast majority of the assessments are good. The hon. Lady should let me know if she has examples of where that is not the case. One thing I have done to ensure that we get more timely information about where things are going wrong and where standards are not being maintained is to establish a claimant user rep panel, which will go live in the next few weeks. It will be rolled out on a very large scale across the country. In the meantime, she should keep on flagging up the issues that she finds.
Victoria Borwick (Kensington) (Con)
Perhaps the Minister could talk a little more about the ESA assessments for those with mental health conditions, with particular regard to regulations 29 and 35 of the Employment and Support Allowance Regulations 2008, as they are causing much distress to disabled people.
Penny Mordaunt
We are looking at the assessment process. A huge amount has already been done to ensure that assessors and those in our Jobcentre Plus networks have been trained to recognise the needs of people with a mental health condition and to ensure that what they are doing is fit for purpose. The Green Paper on work and health will provide us with the opportunity to re-evaluate entirely those assessment processes primarily for ESA, but it will also reveal some opportunities for PIP.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
People with mental health conditions and autism whom I met recently in Bristol told me of the difficulties they face getting into work. They also told me about the issues relating to PIP, work capability assessments and sanctions. Those in the ESA support group fear that the Green Paper spells out that they will be targeted next after cuts to people on the ESA work-related activity group in April. How does the Minister justify ESA WRAG cuts, cuts to employment support, jobcentre closures and the liberal use of sanctions as helping disabled people into work when there is overwhelming evidence to the contrary?
Penny Mordaunt
We are doing more for that group of people, which is why, despite the hon. Lady’s request, I will not be pulling the personalised support package that will take effect in April.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
James Berry (Kingston and Surbiton) (Con)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
The Green Paper consultation, which concluded on 17 February, asked a range of questions about how we can better support people into employment and highlighted learning disabilities as an area for further work. We will bring forward shortly schemes to support this group in their ambitions.
James Berry
Will my hon. Friend join me in praising the work of the Balance community interest company in Surbiton, which provides employment support for people with learning difficulties? I urge her to raise awareness of organisations such as Balance and, indeed, of the Government’s own Access to Work scheme, so that everyone knows what support is available out there.
Penny Mordaunt
I am happy to join my hon. Friend in praising the work of Balance CIC. This is a group of individuals we want to do much more for. We will be bringing forward a young person’s work experience scheme shortly, and we wish to open up apprenticeships, but more is needed in this area, and organisations such as Balance can help us do that work.
Kerry McCarthy (Bristol East) (Lab)
The disabled students allowance has been a great help to students with learning difficulties such as dyslexia in gaining the qualifications they need to enter the world of work. Will the Minister not accept that the £200 fee is acting as a real deterrent to the uptake of this allowance and that it is unfairly penalising students who need that extra help?
Penny Mordaunt
We are looking at a range of things we can do in particular to help young people with learning disabilities, with autism and with mental health conditions. They need more options available to them, and they need more financial support in some of those areas. I am happy to look at what the hon. Lady suggests if she would like to write to me with evidence that these things are happening.
Justin Tomlinson (North Swindon) (Con)
Governments of all persuasions have tried and failed to shift the employability rate of those with learning disabilities from 6%. That rate is an absolute waste of the huge amounts of talent and enthusiasm that are out there. That is exactly why we brought forward plans to open up apprenticeships and to have a special disability apprenticeship scheme. Please would the Minister update the House on where we are with creating those opportunities?
Penny Mordaunt
I thank my hon. Friend for drawing attention to the apprenticeship scheme. We wish to open up the opportunities such schemes bring to those with learning disabilities, and we are making good progress on that with the Department for Education, but we need to do other things as well. When we talk about people with learning disabilities, we are talking about a huge range of individuals. We have not done enough for those who are at the highest-need end of that spectrum, and I hope we will be able to do more shortly.
Sir David Amess (Southend West) (Con)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
I receive regular representations from disability organisations and hon. Members regarding personal independence payments. As I have previously stated, we want to do more to create real-time feedback across the whole country. We will shortly be introducing service user panels to feed directly back from claimants on PIP and employment and support allowance.
Sir David Amess
Unfortunately, I have to tell my hon. Friend that I am still receiving complaints from constituents about the procedures regarding personal independence payments, so what is she doing to improve the process, reduce delays and support people through what is often a traumatic assessment process?
Penny Mordaunt
The goal is clearly swift, accurate and admin-lite assessments. Good progress has already been made in many areas—for example, reducing the average time it takes for a claim from point of registration to decision by more than three quarters from over 40 weeks to 10 weeks as of October last year—but there is more to do. One reason we have set up the service user panels is that it is incredibly important to be aware that, while things may be generally going well, there are certain hotspot areas where they are not, and identifying those in real time is critical—but there are many other things in the PIP improvement plan as well.
Liz McInnes (Heywood and Middleton) (Lab)
Yet again, one of my constituents has been to see me about a PIP assessment that has led to her Motability vehicle being taken away from her. She is currently appealing, and I have written to the Minister about the case. What reassurance can she give me and my constituent that this vehicle, which she needs, will be returned to her?
Penny Mordaunt
There are 70,000 more people making use of the Motability scheme than there were in 2010. The hon. Lady will know that there are improvements that we want to make to the Motability scheme. We have been working very closely with that independent organisation; we are now attending its board meetings and are able to work much more strategically. I have spoken at length, so I will not repeat it, about the areas where we wish to see better customer service. We hope to be able to make some announcements shortly.
Mr Philip Hollobone (Kettering) (Con)
Will the Minister make strong representations to the Ministry of Justice that it should reduce the length of time that unsuccessful claimants are having to wait for their tribunal, so that they can process their claim successfully?
Penny Mordaunt
We are concerned with all aspects of the claims process, whether for ESA or PIP. We want this to be swift and admin-lite, and we have some opportunities, which I have already outlined, to achieve both those things.
Carol Monaghan (Glasgow North West) (SNP)
Last year, the Government announced that those with chronic progressive conditions would not be subjected to continual work capability assessments. Why are constituents of mine with progressive conditions like multiple sclerosis continually being called for reassessment?
Penny Mordaunt
If the hon. Lady has cases she wishes me to look at, she must write to me about them. We are currently still outlining the criteria for the scheme to be introduced, but in the meantime, as she will know, we do not wish to call people for reassessment who would be in that category, so if she has cases where that is happening, she must let me know.
Marie Rimmer (St Helens South and Whiston) (Lab)
At present, 65% of all claimants have their PIP appeal upheld by tribunal—an all-time high. It should be a source of huge embarrassment to the Government that, even after the introduction of mandatory reconsideration before appeal, the majority of claimants who go to tribunal win their case. How does the Minister justify forcing vulnerable claimants to navigate the complex and gruelling process that the appeal system demands, often with little or no support? Will she now get a grip and reform this clearly broken system?
Penny Mordaunt
I welcome the hon. Lady to her post. She is not correct: 6% of the caseload is overturned, but there are many things that we wish to do to ensure that that is improved. Some opportunities will come after the consultation in the Green Paper with the reforms that we want to make to this part of the system to improve it and reduce the administrative burden on those also claiming PIP.
Mr Virendra Sharma (Ealing, Southall) (Lab)
Peter Aldous (Waveney) (Con)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
In “Improving Lives: The Work, Health and Disability Green Paper”, we asked about the barriers preventing employers from recruiting and retaining disabled people and people with health conditions. We will shortly bring forward measures to address those barriers.
Peter Aldous
I am grateful to the Minister for her reply. I recently held an engagement event in Lowestoft in my constituency to consider the Green Paper. The conclusion reached was that the disability employment gap is best tackled with bespoke local solutions worked out with local employers. Will the Minister give this approach fair and full consideration as she assesses the feedback from the consultation?
Penny Mordaunt
First, I put on the record my thanks to my hon. Friend and Members of all parties in the House who have held local consultation events. Doing so was incredibly important and has made this a very good consultation, but it is also vital in establishing and building such local networks. My hon. Friend is absolutely right that the solutions have to be local ones, not least because healthcare is commissioned locally. I can give him reassurances that we will bear that in mind as we go forward.
Fiona Mactaggart (Slough) (Lab)
The all-party group on human trafficking and modern slavery has heard compelling evidence about how people enslaved in the UK have post-traumatic stress disorder and similar serious disabilities as a result. Will the Minister commit to meeting the relevant Minister in the Home Office to look at practical ways in which those victims of exploitation can be supported into work and be enabled to work in companies?
Penny Mordaunt
The right hon. Lady raises an important point. I can give her assurances that both my office and that of the Minister for Employment are working very closely with the Home Office on precisely the group of individuals she mentions and other vulnerable people such as refugees. I am very happy to raise any points that she wants me to make.
Philip Davies (Shipley) (Con)
I am holding a Disability Confident event in my constituency on 28 April. The Minister will be very welcome if she is able to find time in her busy schedule to join us. In the meantime, will she look at what incentives can be given to employers to give disabled people a chance to prove themselves and to show what they are capable of if they are just given that chance in the first place?
Penny Mordaunt
I thank my hon. Friend for holding a Disability Confident event. We are looking at what further support and, in some cases, incentives we can provide for employers. We need to raise the profile of the fact that these individuals have much to offer any business. We will be holding events in March in this place to enable all Members of all parties to become Disability Confident employers and to ask for their assistance in signing up 30 targeted organisations in their constituencies. I hope all Members will take that opportunity.
Rebecca Pow (Taunton Deane) (Con)
This question is highly relevant to what Members have been saying. I am sure that the Minister will agree that to change attitudes towards disability in the workforce, we need more businesses to become role models in this area. In Taunton, sadly, very few businesses have signed up to the disability awareness register. Will the Minister join me in encouraging local businesses to attend a special event to be staged by Taunton jobcentre on 13 March to promote the Disability Confident initiative?
Penny Mordaunt
I thank my hon. Friend for what she is doing in her constituency to promote the scheme. It is important that employers realise not only what opportunities are presented by employing these people, but the support and advice that go alongside it. The more people who know about that, the closer we will be to achieving the goal of ensuring that every citizen in this country can reach their full potential.
Stewart Malcolm McDonald (Glasgow South) (SNP)
Holly Lynch (Halifax) (Lab)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
We are committed to ensuring that claimants receive high-quality, objective, fair and accurate assessments. The Department monitors assessment quality through independent audit. Assessments deemed unacceptable are returned to the provider for reworking. A range of measures, including provider improvement plans, address performance falling below expected standards.
Holly Lynch
My constituent Neville Cartwright is living with just one lung following a battle with lung cancer, yet he lost his Motability car when his PIP was cut last year. He began his appeal in June, but has still not had a tribunal hearing. Does the Minister agree that an eight-month wait to find out the result of an appeal is totally unacceptable?
Penny Mordaunt
I do agree with the hon. Lady, which is why we have been trying to work more strategically with Motability, thrashing through the issues I am very aware of on appeals and on matters such as when an individual leaves the country. We are looking to reduce the amount of time that appeals take and at what we can do with the running of the scheme so that the precise scenario she outlines does not happen.
Victoria Prentis (Banbury) (Con)
Mary Robinson (Cheadle) (Con)
The Minister for Disabled People, Health and Work (Penny Mordaunt)
May I first praise the work of the all-party group on motor neurone disease, and the work of my hon. Friend as its vice-chair? Following the announcement, we are working to develop a set of criteria to switch off reassessments for people with the most severe health conditions or disabilities. We have sought feedback from stakeholders, including many motor neurone disease organisations. They will not be about a specific list of medical conditions; they will be based on a number of other factors, in particular how conditions are impacting on people.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
In April, the Government’s two-child policy will mean that a woman who has a third child after being raped will have to prove that fact if they are to get child tax support. At the same time, the Government are cutting widowed parent’s allowance by an average of £17,000 for each bereaved family. In 2015, that benefited 40,000 children who had lost at least one parent. Will the Secretary of State please think again about these punitive measures?
Kate Green (Stretford and Urmston) (Lab)
Penny Mordaunt
The first thing I would say to the hon. Lady is that although the policy is being introduced in April, it will not start to have an impact on individuals until the summer. There is a personalised support package—13 measures that are outlined in the Green Paper—and she will know that we are also looking at ways in which we can reduce an individual’s household outgoings that are not related to finding work.
Amanda Solloway (Derby North) (Con)
Does the Minister agree that we must do all we can to support into work people with mental health issues, disabilities and learning difficulties, but that, equally importantly, we must ensure that businesses are equipped to help them to sustain their employment?
Penny Mordaunt
I absolutely agree with my hon. Friend. This is about people being able to reach their full potential and make use of all the benefits that come with having a pay packet—all those opportunities and that choice. Employers have a huge role to play. I have been very encouraged by the results of the consultation, particularly from employers wanting to do more, and we must ensure that they have the tools and expertise to do more.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Penny Mordaunt
This consultation affords us an opportunity to look at a person’s whole journey. Generalising, the earlier someone can have a conversation with somebody about their ambitions and the support they will need, the better that journey will be, so I totally agree with the hon. Gentleman.
Nicky Morgan (Loughborough) (Con)
I suspect that the Employment Minister may not be aware of the Employment of Women, Young Persons, and Children Act 1920, but it is a concern to the Heritage Railway Association and others, who have had advice from leading counsel that young people cannot volunteer in industrial undertakings. We have now written to the Health and Safety Executive, but I wonder whether the Minister will meet me to have a conversation about it.
Penny Mordaunt
I would be very happy to meet my right hon. Friend about that issue. There is a huge amount of work going on to ensure that young people, but others as well, can make use of all opportunities to expand their horizons, and I would be happy to meet her about the specific points she raises.
Naz Shah (Bradford West) (Lab)
Julie Elliott (Sunderland Central) (Lab)
Penny Mordaunt
The hon. Lady makes a good suggestion. We are looking at that, and if we can share data better—not just across our own systems but with local government—we could improve things, because we could cut down on a huge administrative burden for claimants.
Sir Desmond Swayne (New Forest West) (Con)
Have Ministers identified the critical difference that makes a recipient of universal credit so much more likely to get into work than someone on jobseeker’s allowance?
Point of Order
Penny Mordaunt Excerpts(7 years, 2 months ago)
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Kate Green
I am very grateful, Mr Speaker. I wish to follow up the answer that the Minister for Disabled People, Health and Work gave me a few moments ago about the work-related activity component of the employment and support allowance. The Minister said that no one would be affected by the change before the summer, but the DWP website says—and, indeed, I think we always understood—that it will take effect in April. I wonder whether you, Mr Speaker, will invite the Minister to clarify or correct the record.
Mr Speaker
It is not a matter for the Chair, but the Minister is literally itching to appear at the Dispatch Box.
Penny Mordaunt
I am happy to clarify the position. The policy change will happen in April, but it will not start to have an impact on people until later in the year because of the process that they will be going through. However, all the elements of the personalised support package, and all the other things that we are seeking to do to help with individuals’ liquidity, will be in place by April.
Diffuse Mesothelioma Payment Scheme
Penny Mordaunt Excerpts(7 years, 3 months ago)
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The Minister for Disabled People, Health and Work (Penny Mordaunt)
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 commitment by the insurance industry 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.
I can announce today that the total amount of the levy to be charged for 2016-17, the third year of the DMPS, is £40.4 million. This includes £5.2 million to accommodate a levy shortfall last year. The amount will be payable by active insurers by the end of March 2017.
Individual active insurers will be notified in writing of their payment amount (i.e. their share of the levy), together with how the amount was calculated and 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 two successful years of operation, assisting many sufferers of diffuse mesothelioma. The second annual report for the scheme was published on 29 November 2016 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.
[HCWS420]
Point of Order
Penny Mordaunt Excerpts(7 years, 3 months ago)
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Mr Speaker
I am grateful to the hon. Lady for giving me notice of her point of order, to which I was about to respond, but I see that the Minister in question is on the Treasury Bench and is anxious to catch my eye. I do not want to disappoint her.
The Minister for Disabled People, Health and Work (Penny Mordaunt)
Further to that point of order, Mr Speaker. In my answer, I said:
“My hon. Friend the Minister for Employment has met all the MPs who are concerned about those locations across Glasgow, and my hon. Friend the Minister for Welfare Reform has met Scottish Ministers to discuss the issue.”—[Official Report, 9 January 2017; Vol. 619, c. 15.]
I was referring to the Under-Secretary of State for Welfare Delivery, and I should have said “the Minister for Welfare Delivery”. The Minister for Welfare Reform is in the House of Lords. For that, I profusely apologise. On these matters and others, not least the devolution of welfare, our doors are always open for meetings with Scottish Ministers, and good outcomes are contingent on good dialogue. I would not want this point of order to give a contrary impression.
Mr Speaker
That was a gracious acknowledgement of the situation by the Minister, and I feel that honour has been served.