Universal Credit and Personal Independence Payment Bill

Vicky Foxcroft Excerpts

Committee of the whole House & 3rd reading
Wednesday 9th July 2025 Commons Chamber

[Graham Stuart]

I thank the hon. Gentleman for his contribution. We on the Conservative Benches know that throwing money at a problem without proper safeguards is not leadership, is not generous and is not kind, but is an abrogation of responsibility and economic negligence.

Let me be clear: this Bill in its current form locks in billions of pounds of additional welfare spending year after year. Under the current Chancellor, we have already seen Britain’s debt interest forecast soar and the bond markets become jittery—more than that, they are charging far more than after the mini-Budget to which Labour Members so love to refer. And inflation, of course, has proven stubbornly high. Now we have yet another unfunded spending commitment, with no plan to pay for it except reaching deeper into taxpayers’ pockets. The Chancellor might not say it outright, but families in Beverley and Holderness and across the country know exactly where this ends up—with them paying more.

The Prime Minister can indulge in his favourite hobby of U-turning his way throughout his time in office, but that is not governing in the national interest, which is what he promised to do. It is the latest example of the Prime Minister bending to pressure from the left of his party, which is so well represented on the Government Benches today, desperate as he is to shore up support for a drifting Government who have lost all propulsion.

Instead of fixing the underlying problems in our economy—or fixing the foundations, as has oft been repeated—Labour has chosen the easy political route of higher spending, higher borrowing and, inevitably, higher taxes. Those higher taxes will be imposed not on some mythical class of super-rich people, which the Greens like to propose, but on ordinary men and women who get up in the morning, work hard, look after themselves and recognise personal responsibility as a central tenet of their lives. That also needs to be a central tenet of our political lives.

That is why I have tabled two amendments to the Bill. Amendment 41 would ensure that Parliament retains control over future annual above-inflation increases. It would mean that the House of Commons must explicitly approve continuing those rates beyond 2027-28, protecting against open-ended commitments that we cannot afford. New clause 9 would require the Government to report on fraud and error arising from these provisions.

[Vicky Foxcroft (Lewisham North) (Lab)]

Will the right hon. Member give way?

[Graham Stuart]

Given the scale of welfare fraud that we have seen in recent years—it already costs the taxpayer more than £8 billion—it is only right that we get a proper handle on where taxpayers’ money is actually going.

[Vicky Foxcroft]

rose—

[Hon. Members]

Go on, give way.

--- Later in debate ---

[Dr Tidball]

I rise to speak to new clause 11 and Government amendment 4. This Bill has been transformed since Second Reading. I welcome the Government’s significant changes and hard work. I said that I could not support the measures that remained on the face of the Bill last week that would have pushed 150,000 people into poverty. Nor could I accept proposals for a points system which, under previously proposed descriptors, would exclude eligibility for those who cannot put on their underwear, prosthetic limbs or shoes without support. Towards the end of the Second Reading debate, the Government promised to remove clause 5 on personal independence payments, including the eligibility criteria. I wholeheartedly support Government amendment 4, which achieves that.

I am pleased to hear that the new impact assessment by the Department for Work and Pensions has found that the Bill will now lift 50,000 people out of relative poverty by 2030. This matters, to fulfil the Government’s obligations under the Equality Act 2010 and to meet our commitments to the UN convention on the rights of persons with disabilities. In 2016, under the Conservative Government, when the UN produced its inquiry report on the UK’s treatment of disabled people, it said that the Government at that time had to ensure that any measures of welfare reform should uphold the human rights model of disability and did not disproportionately or adversely affect the rights of disabled people to live independently or to access employment.

[Vicky Foxcroft]

I welcome the amendment, but does my hon. Friend agree that co-production needs to go beyond oversight if we want to build trust and engagement with disabled people and their organisations, and that we need to commit to the principles of co-production as outlined in my speech on Second Reading last week?

[Dr Tidball]

I do indeed agree with my hon. Friend, and I will be getting to those points shortly.

Further, the UN said that the voices of disabled people must be at the front and centre of this work and that the UK must actively consult and engage with disabled people and their organisations and give due consideration to their views in any legislation related to these rights. Therefore, Government amendment 4 is a significant step forward in removing those measures that were not consulted on. It also prevents the risks I highlighted in my speech last week on the previously proposed eligibility criteria, particularly on future recipients.

I am also pleased that the Minister confirmed last week that the legislation on changes to PIP eligibility and descriptors will not happen until the completion of the Timms review. This leads me to new clause 11. I am grateful for this new clause being selected. It is important to have a debate on it as a probing new clause, and above all, I will be seeking reassurances from the Minister at the Dispatch Box that the Government will get the detail of co-production right. I am grateful that the measures in this new clause were co-produced and supported by Disability Rights UK and the Spinal Injuries Association, as well as through discussions with a broader group of disabled people’s organisations and charities.

My new clause 11 sets out key measures to deliver on our excellent manifesto commitment to champion the rights of disabled people and enshrine the principle of working with disabled people to ensure that our views and voices are at the heart of all we do. Further, the measures in the new clause create a strong link between the Timms review and fulfilling our Equality Act public sector equality duty, along with the UK’s commitments to the UN convention on the rights of persons with disabilities, including the principle in article 4.3 of the need to

“consult with and actively involve persons with disabilities”.

Thus, in this context, meaningful co-production with the disability inclusion taskforce as part of the Timms review is essential.

--- Later in debate ---

[Graham Stuart]

rose—

[Vicky Foxcroft]

rose—

[Sir Stephen Timms]

I will not give way for a moment or two.

On Parliament’s handling of the review outcome, which is also raised in new clause 11, I would envisage a ministerial oral statement. I can commit on behalf of the Government that there will then be a general debate on it, in Government time, and that the legislation to implement the review outcome will not be brought forward until that has happened.

[Vicky Foxcroft]

Will the Minister give way?

[Sir Stephen Timms]

Not just at the moment.

Clause 1 introduces the first ever sustained above-inflation rise to the universal credit standard allowance. The previous Government ran universal credit down. They did not uprate it; they froze it, forcing mass dependence on food banks. The increase is accompanied by a reduction, as we debated, in the health top-up for most new claimants, as set out in clause 2.

Clause 3 set out that the health top-up would be frozen until 2029-30 for existing claimants and for those with the most severe lifelong conditions or those near the end of life. The Government amendment means that, for existing claimants, the standard allowance plus the health top-up will rise at least in line with inflation up to 2029-30. That also applies to people with severe lifelong conditions who we do not ever expect to work and those near the end of life. Clause 4 and the amendment to it mirror the universal credit changes in employment and support allowance.

The Bill will protect existing claimants in a powerful way, including those with fluctuating health conditions, but it will move decisively to a more proactive, pro-work system. That is what we need, and the protection for those who are on universal credit at the moment—

--- Later in debate ---

[Graham Stuart]

rose—

[Vicky Foxcroft]

rose—

[Sir Stephen Timms]

Let me make just a little more headway.

The protection for those who are on universal credit at the moment and who are on the LCWRA rate is that if they go into work, they are likely—depending, of course, on their income—to stay on universal credit, so that protection will continue while they are in work. If their income rises to the level where they are lifted off universal credit, for six months they will retain that protection, and if they go back, they will return to their original rate, so there is very strong protection there.

--- Later in debate ---

[Sir Stephen Timms]

Thank you, Madam Chair.

[Vicky Foxcroft]

Will the Minister ensure that the universal credit health element forms part of the co-produced Timms review when reviewing the assessment process, as the UC health element will be assessed under the new PIP assessment? Furthermore, can we ensure that all disability benefits and support are in scope, so that we can truly get an assessment process fit for the future?

[Sir Stephen Timms]

My hon. Friend is right that the Green Paper set out our proposal that the PIP assessment will in future also be the gateway to the universal credit health top-up, giving it indeed a broader role. Our aim is specifically a co-produced benefit assessment. If that works well, there may well be a strong case to apply the same approach, maybe even using the same or a similar group to other challenges, and perhaps including other aspects of the health and disability benefits system, but that would need to follow successful completion of the task immediately in hand.

Let me finally make an important point, which was made by my hon. Friend the Member for Dunfermline and Dollar (Graeme Downie) and others. The severe conditions criteria in the Bill exactly reflects how the functional tests are applied at present. That is in guidance. It is being moved in this Bill into legislation. It does take account of Parkinson’s and MS because people need to meet these descriptors reliably, safely, repeatedly and in a reasonable timeframe, so I can give a firm assurance to those concerned about how the severe conditions criteria will work for those with fluctuating conditions. The word “constantly” here refers, as I said in my earlier intervention, to the functional criteria needing to apply at all times, not to somebody’s symptoms.

This Bill begins to repair a broken system that holds people back, by removing work disincentives from universal credit. We will provide record employment support for disabled people, for people with health impairments—

Universal Credit and Personal Independence Payment Bill

Vicky Foxcroft Excerpts

2nd reading
Tuesday 1st July 2025 Commons Chamber

[Vicky Foxcroft (Lewisham North) (Lab)]

I begin by welcoming the positive steps the Department has set out in the “Pathways to Work” Green Paper on supporting people into work; the right to try work without the fear of having to go through reassessment for benefits if it does not work out; reforming and modernising the Access to Work system; disability pay gap reporting; disability employment gap reporting; ensuring everyone has access to a supportive work coach; the assessment process, and ensuring that assessments are recorded as standard, which people were desperately crying out for; and ensuring people with lifelong conditions do not need to be reassessed when we know their condition is unlikely to ever improve. I also welcome many of the concessions the Government have made over the past week: bringing forward employment support, introducing protections for current PIP claimants going forward, and recognising the need for co-production.

However, I continue to have some concerns, which I believe must be addressed. We need the Timms review to report before the new system is rolled out. On co-production, I want to start by saying that this should have happened way before we got to today’s debate. I know from my time as shadow Minister for disabled people that when we work with disabled people and their organisations from the start, we produce better policy. There is so much talent out there and, like many of us in the Chamber, disabled people and their organisations want reform of the benefits system, but the reforms set out in the Bill are not what they want or need. We should have been working with them on it right from the start.

[Anna Dixon (Shipley) (Lab)]

I thank my hon. Friend for her remarks. Does she agree that, as well as having meaningful engagement with disabled people themselves and disabled groups, it is really important that the Timms review engages with unpaid family carers, both because they are caring for people with disability and because they are implicated through carer’s allowance being linked to PIP?

[Vicky Foxcroft]

I absolutely agree. The review needs to ensure that it has the right engagement and consultation with everybody, but it must be co-produced with the experts by experience.

I want to take this opportunity to clarify exactly what we mean by co-production. The principle of co-production is rooted in the US civil rights movement and the ladder of citizen participation developed by Sherry Arnstein in 1969. It should be in place from the start of the process. All information should be made available to everyone. A plan should be agreed together. There must be the ability to bring in experts. These experts should be paid for their contribution and treated as valued partners. We should empower and upskill those who are involved. And I hope that it goes without saying, but all information should be available in accessible formats. The valued partners need to be user-led disabled people’s organisations.

I finish by underlining that the focus of making the changes should not be on making cuts, but on getting it right. The focus on getting it right means that everything needs to be in scope of the review, not just the ability to tinker within limited predetermined parameters. Co-production must take place before any changes to the current assessment criteria are proposed. If that means pausing to ensure that we get it right, then that is what we must do.

Welfare Reform

Vicky Foxcroft Excerpts

Monday 30th June 2025 Commons Chamber

[Liz Kendall]

So why did the Conservative party do it for 14 years?

[Vicky Foxcroft (Lewisham North) (Lab)]

I thank the Secretary of State for her statement. Will the Timms review have the powers to review the planned budget savings for future claimants of PIP and universal credit health components? Also, if claimants request a reassessment because of worsening health conditions, will they be assessed on the current criteria or the new eligibility criteria?

[Liz Kendall]

The PIP review is not driven by an objective of making savings; it is about making sure that this vital benefit is fair and fit for the future. As is the case now, people can request reassessments whenever they want. Existing claimants will remain under the current rules, unless they request a reassessment, until November 2026. From then onwards, there will be that four-point minimum.

Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 13th May 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

Let’s get some facts. On 1 January 2024, there were 24,874 people awaiting an Access to Work decision, on 1 February, 26,924, on 1 March, 29,871 and on 1 April, 32,445. Every month, the figure keeps increasing, so since the beginning of 2024 the Access to Work backlog has risen by more than 7,500. Does the Minister really think this is supporting more disabled people back into work?

[Mims Davies]

I thank the hon. Lady for her points. If we are trading figures, at the close of business on 7 May 2024, there were 36,721 applications awaiting decision. I remind those people listening why this matters. This is very significant support—demand-led support—for people who are getting opportunities to work or taking on new roles. This grant can provide up to £66,000-worth of flexible personalised support per person per year. It is absolutely right that we get the right information from the individual and take time to approve a significant application such as this.

[Vicky Foxcroft]

I am absolutely shocked that the Minister brags about the Access to Work backlog increasing to 36,721.

Last month, the UN published its latest review of how the UK has implemented its convention on the rights of disabled persons, the first since 2017. The Access to Work backlog was just one of the many reasons cited as evidence that the Government are still failing to take all appropriate measures to address grave and systemic violations of disabled people’s rights. Does the Minister have any plans to put this right by finally implementing the UN’s recommendations, or is she going to ignore them, as successive Tory Governments have consistently ignored disabled people?

[Mims Davies]

I am disappointed not to be enough of a bragger in this House, but I am very pleased that we are taking time to make sure that the tailored support is correct. We are working around fit notes and occupational health. We are also listening to those who are deaf and hard of hearing, who make up 36% of the total Access to Work expenditure, and I will be bringing more to the House on that matter. We are absolutely focused on improving this, with online 24/7 applications for Access to Work. On the other points the hon. Lady makes, if she listens to the BBC “Access All” podcast, she will hear me say that we are very disappointed about that report. We continue to work very hard for disabled people and we will be doing all we can to make sure they are listened to—unlike her not listening to a word I said just now.

Pension Schemes

Vicky Foxcroft Excerpts

Thursday 2nd May 2024 Commons Chamber

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing and opening this debate. He has spoken passionately about this subject in the House before, especially in relation to the BP, Shell and other oil and gas schemes, and about the way that decisions are being made because of concerns other than the best interests of scheme members. I admire his knowledge and determination to support those who have been affected by adverse changes to their pension schemes.

My good friend, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), passionately raised the case of his constituents who are Allied Steel and Wire pensioners, and he spoke of the need for the Government to carefully consider the Select Committee’s report. I hope that the Minister will meet hon. Members and their constituents, and that he will update hon. Members who have so doughtily put forward their constituents’ cases. I worked as a trade union official in a previous life, and I represented many members in pension disputes, so I have experience of this area.

I thank the Backbench Business Committee for granting this debate, and I thank colleagues for their valuable and insightful contributions. Young people are frequently, quite rightly, advised to start planning for their retirement as early as possible. When people make plans for their future, they do so in good faith. A contract is effectively created between employer, or state, and employee to provide for an income to be paid in later life. Although it would be naive to think that nothing could change during the intervening decades, people make decisions about how they will afford their retirement when they enrol in a pension scheme.

The right hon. Member for Orkney and Shetland has previously spoken in this place about the emotional representations he has received from people affected by the changes to the BP defined benefit scheme. I am sure nobody here could fail to be moved by the words of the dying BP pensioner who was told that his widow will no longer be protected from inflation, despite previous assurances. Pensions are, after all, not only an income while we are alive. They are also a way of providing for loved ones after we are gone.

My Lewisham, Deptford, constituency is not so well known for its oil and gas, but I have a constituent who is affected. When they contacted me last year, my constituent outlined how, in practical terms, BP’s decision to override the recommendations of its pension fund trustees meant that the pensions of some 60,000 individuals in the UK had declined, in real terms, by 11% in just two years. For an individual in their 60s on an average pension, that 11% cut equates to a loss of income of about £60,000 across their retirement. Some 16,000 of the individuals affected are in their 80s and 90s, and it is not a great leap to assume that many may be in poor health and may have faced spiralling energy costs over the last few years. That is just one example of the huge impact that policy changes can have on individuals.

Let me turn to the wider pensions landscape. There are three types of pension in this country: defined benefit, defined contribution and the state pension. All have been touched on at various points during this debate. We have reached something of a critical moment in pensions policy. The last far-reaching review of the UK’s pension system, carried out by the Pensions Commission, reported in 2005. Since then, the UK has weathered a global financial crisis, a pandemic and the highest levels of inflation for almost 40 years. Over the same period, home ownership rates have fallen and there has been a big rise in self-employment, thanks to the gig economy. In short, the way people are—or are not—saving for their retirement has changed, and we need to determine whether the current pensions landscape is still working.

That is why in November my right hon. Friend the Member for Leeds West (Rachel Reeves) announced a wide-ranging pensions review. Our review will look across the whole sector. It will set out proposals to ensure that individuals get the best possible returns, and will identify the barriers to pension funds investing more in UK productive assets. Perhaps a quick review of the track records of Labour and the Conservatives will provide further evidence of why Labour is best placed to hold that review. Under the last Labour Government, pensioner poverty halved—a million were lifted out of poverty. So how are things going under the Conservatives? On their watch, one in five pensioners now lives in poverty; gas and electricity bills have rocketed; mortgages and rents have gone through the roof, and more older people are renting into retirement; and increasing numbers of pensioners are relying on their hard-earned savings to get by.

Analysis carried out recently by Labour has shown that the state pension is the main source of income for more than 6 million people. Women, over-75s and single pensioners would pay the heaviest price if the Tories cut the state pension to fill the £46 billion tax black hole created by their unfunded proposal to cut national insurance. That would see the pension cut by £96 a week, or pensioners paying more in tax. That is proof that you can’t trust the Tories with the state pension.

In the midst of a cost of living crisis that is hitting pensioners hard, the Government are failing to ensure that families are getting the support that they are entitled to; up to 880,000 eligible pensioners are not claiming pension credit. When we look at various workplace pensions, our analysis shows that average pension pots are £6,300 smaller than they would have been had wages grown at the rate they did under the last Labour Government. A worker on average earnings can expect to have amassed a £70,600 pension pot since 2010. However, if wages during that period had grown at the rate they did under Labour, the same worker would have built up a £76,900 pot.

Working people will feel the cost of Tory chaos for years to come, with the Government’s failure to make work pay wiping thousands of pounds off the value of the average pension pot. All that is before we get to the Government’s broken promises on the triple lock, and the billions that the right hon. Member for South West Norfolk (Elizabeth Truss) wiped off pension funds with her disastrous mini-Budget. We may not represent the same party, but I hope that the right hon. Member for Orkney and Shetland will agree that older people are paying a heavy economic price for the mess created by the Tories.

The number of people aged over 65 will increase from 11 million to 14.5 million over the next 20 years. We are living longer—one in four babies born today will be around to celebrate their 100th birthday—yet the Centre for Ageing Better says that a financially secure and healthy later life is becoming increasingly unlikely for millions of people.

Labour’s record on pensions is clear. We lifted a million pensioners out of poverty. We introduced pension credit, boosting the incomes of the poorest pensioners, a disproportionate number of whom were women. As my right hon. Friend the Member for East Ham (Sir Stephen Timms) rightly pointed out, we created automatic enrolment, which brought 10 million more people into workplace pensions and gave them a level of retirement income they otherwise never would have had. When the Tories broke the triple lock, which has been vital in protecting pensioners’ incomes and providing security, we campaigned against that. Under Labour, the triple lock is safe.

Furthermore, we will never put the nation’s financial stability at risk by playing fast and loose with the economy. We will tackle the cost of living crisis head-on and ensure that individuals have the security they deserve in retirement. We will give future pensioners the ability to prepare for retirement with confidence by creating more better-paid jobs in every part of the country, helping people get into, stay in and get on in work, and championing decent second pensions for all.

Pensioners, along with everyone else in the country, need change. Labour has a plan to grow the economy, put money back in people’s pockets, make work pay and be the party of pensioners again. Although it is not within the Minister’s power to call a general election, perhaps he could have a word with someone who can.

Carer’s Allowance

Vicky Foxcroft Excerpts

Monday 22nd April 2024 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairship, Mrs Cummins. I am grateful for the opportunity to respond on behalf of the shadow Work and Pensions team. I start by congratulating my hon. Friend the Member for Neath (Christina Rees) on securing this afternoon’s debate, and by thanking the thousands of people who signed the petition that triggered it. It does not surprise me that my right hon. Friend the Member for East Ham (Sir Stephen Timms) has the largest number of constituents in support of the petition, given the work he does as Chair of the Work and Pensions Committee.

As shadow Minister for Disabled People, I come into contact with a lot of unpaid carers. As a society, we should be incredibly grateful for everything they do. I pay tribute to them, and to the many organisations such as Carers UK and the Carers Trust that support them and stand up for their rights. As my hon. Friend the Member for Neath said, carers are unsung heroes, providing care around the clock and saving the taxpayer quite literally billions of pounds, as many Members have pointed out. As my right hon. Friend the Member for East Ham so eloquently put it—I know his Select Committee has been working on this—carers simply do not get enough money to survive.

As we have already heard, there are around 5.7 million unpaid carers in the UK. As my hon. Friend the Member for Wirral West (Margaret Greenwood) pointed out, 72% are women, and 44% of those of working age who provide full-time care live in poverty. Carers should not be living—surviving—in poverty.

To be eligible for carer’s allowance, an individual must provide at least 35 hours of unpaid care per week, and the person they care for must be in receipt of certain benefits. However, as my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) pointed out, young carers in full-time education are not eligible for carer’s allowance. The main route to qualifying is now via personal independence payment—three words that strike fear into the hearts of many. I am sure everyone here will have heard PIP horror stories from their constituency casework. I could talk all afternoon and into the late evening about the problems with PIP, but I will leave that for another time. We have had many debates on it.

As others have said, this debate is especially timely given the recent stories we have seen in the press about carer’s allowance overpayment. Those in receipt of the benefit are allowed to have a second income from a job, but there is a strict limit on how much they can earn; currently it is £151 a week. If a carer’s income rises above that, by working a few extra hours, for instance, they forfeit the entire benefit. That results in overpayment, which the DWP then seeks to recover. Repayments can build up an incredible amount, because even if the weekly earnings limit is exceeded by as little as £1, claimants automatically become ineligible for the entire allowance. The Committee chaired by my right hon. Friend the Member for East Ham has rightly asked whether the Government can raise the earning limit. I hope the Minister will inform us of the Government’s thinking.

We have all seen recent examples in the press of people who have been forced to repay thousands after breaching the income threshold by as little as a few pounds a week. Just as disabled people and those with long-term illnesses often describe feeling demonised and humiliated by the benefits system, sadly so too do their carers. The Government need to urgently investigate the overpayment issue and outline what steps they are taking to ensure this does not happen in future, including by publishing their report in full. As my hon. Friend the Member for Cynon Valley (Beth Winter) pointed out, some people are not receiving the benefits they are entitled to.

In order to ensure that unpaid carers are getting the support and recognition they deserve, we must look beyond the issue of carer’s allowance. My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) aptly pointed that out and shared her experiences of the strain put on families to provide essential support to their loved ones.

A Labour Government will transform social care for older people, children and disabled people. Alongside our 10-year plan for change and modernisation of the NHS, Labour will deliver a long-term plan for the reform of adult social care that will lead to a world-class national care service. Our fair deal for carers will ensure that both paid and unpaid carers are valued and supported. As set out in our new deal for working people, our priority will be care workers receiving the pay, conditions and training they need to provide great care and stay working in the sector. We will establish a new partnership with families who care for their loved ones to ensure that they do not put themselves at risk simply by looking after the people they love.

We will also support unpaid carers by introducing the right to flexible working and providing time away from work for caring responsibilities. We will join up services and support so that families do not have to battle their way around the system. We will give people in care homes a new legal right to see their loved ones.

I want to finish on something my hon. Friend the Member for Cynon Valley tried a few times to say: we need to stop the dehumanisation of benefit claimants, such as those who access carer’s allowance who we all know add so much to this country.

--- Later in debate ---

[Mims Davies]

I will take that point away. I am keen to explain more about the National Audit Office and the wider reports on Wednesday; it is quite complicated for this particular arena.

The hon. Member for Cynon Valley (Beth Winter) made a point about the overlap of the carer’s allowance and the state pension—they are both paid as an income replacement benefit. The carer’s allowance replaces an income where the carer is not able to work full time due to their caring responsibilities, while the state pension replaces income in retirement. For that reason, they cannot be paid together to avoid duplicating the provision for the same need. However, if a carer’s state pension is less than the carer’s allowance, the state pension is paid and topped up with the carer’s allowance to the basic weekly rate.

Where a carer’s allowance cannot be paid, the person will keep an underlying entitlement to the benefit. That gives access to an additional amount for carers in pension credit of £45.60 a week, which is just under £2,400 a year. Around 100,000 carers receive that as part of their pension credit award. It is paid to recognise the additional contribution and the associated responsibilities, and means that lower-income pensioners with caring responsibilities can receive more than the lower-income receipts of pension credit. If a pensioner’s income is above the limit for pension credit, they may still be entitled to housing benefit. I would point them to the household support fund and the DWP’s help to claim service.

The right hon. Member for Kingston and Surbiton (Ed Davey) raised a point about young carers. It is challenging to meet the objectives in this wide-ranging area, particularly for young carers and, as we have discussed, there are many objectives that we are trying to meet in different and individual circumstances. The hon. Member for Cynon Valley also mentioned the support from wonderful organisations such as Carers UK, and indeed our constituency offices, to help people to claim. There is now an easy-to-use online claims service for carer’s allowance. Some 90% of people claim that way, and nine out of 10 people are happy with the claims service.

The hon. Member for Wirral West (Margaret Greenwood) spoke about earnings limits. I appreciate that carers are busy and there is a lot going on, but they are told about the earnings limit when they claim. They also get an annual uprating letter reminding them of any changes, and we use a text reminder. I would always ask carers to engage with us if there are any changes in circumstances. We have supported hundreds of thousands of unpaid carers receiving means-tested benefits through the cost of living support, as well as through support for their fuel bills. As I have said, it has been a difficult time.

The hon. Member for Neath rightly raised the 35-hour care threshold and asked how that was decided on. It dates back to 1976, when the carer’s allowance was introduced. At the time, 35 hours was the length of the average working week, and the view was that someone who was caring for 35 hours therefore could not be working full time. That was the basis on which the carer’s allowance support was introduced. She also rightly raised the delivery of carer’s assessments. I will ensure that Ministers in the Department for Levelling Up, Housing and Communities are aware of her concerns.

The carers strategy was mentioned. The Government rightly support unpaid carers, and some of that was covered in the social care plan, “People at the Heart of Care”. Hopefully, I have spelt out today that there is a lot to look at.

The Chair of the Work and Pensions Committee, the right hon. Member for East Ham, mentioned the research. I have been looking specifically at that research, as well as the wider policy, in preparation for this debate. We are carefully considering the right time to publish that. I found it extremely helpful and enlightening; it is genuinely helping policy thought and development.

Before I close—I am certain I am over my time—I remind Members that for many carers doing work who receive universal credit, the 55% taper rate and any applicable work allowance will help ensure that people are better off in work. Ninety per cent of those receiving the UC carer element who are declaring earnings have a work allowance. Those with a disability or, indeed, a child might be in that situation.

I note the Opposition’s commitment to the reform of carer’s allowance. It is the first time that I had seen that, so it is pretty recent. Prior to that, there had been a focus around earnings rules. I will look at what others are promising, because as I said, some of this dates back to 1976, and some of it back more than 20 years. We have spoken about a mixed and challenging picture.

[Vicky Foxcroft]

I am really glad that the Minister has been re-promoted, which we forgot to mention. I am happy to send her all the stuff that the Opposition are looking to do. Of course, we are more than happy if the Conservatives want to pinch some more of our policies in the future.

[Mims Davies]

That was characteristically put; I thank the hon. Lady very much. The Work and Pensions Committee Chair made the point about having an open mind about this policy, and hopefully I have shown today that I very much have an open mind.

The Government appreciate that society relies on unpaid carers. It is the most challenging, fulfilling and difficult job, and we recognise the challenges that they face. We are helping carers to stay in paid work, but there is more to do, as I have spelt out. The opportunity to work with employers in a flexible labour market is appealing, and there is more to build on. We are spending record amounts on carer’s allowance and providing unpaid carers with the help and support they need and deserve. If they are not getting that, please do come and talk to us—our team are there to support them. We will keep carer’s allowance under review, as we do all benefits.

Disability Benefits

Vicky Foxcroft Excerpts

Tuesday 26th March 2024 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Latham. I congratulate my hon. Friend the Member for Slough (Mr Dhesi) on securing this debate. When he was a member of the shadow Transport team, he joined me in meeting disabled people to discuss accessibility, and he continues to champion their rights in his constituency and beyond. He spoke passionately about stories of his constituents in tears. My hon. Friend the Member for Newport West (Ruth Jones) spoke of the challenges that her constituent, Elinor, faced when finding that her benefit had been cut, before being reinstated; this causes multiple problems all the time. My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) spoke about the consequences of an inhumane transfer from DLA to PIP and how Philippa Day sadly took her own life because of it.

I am shadow Minister for disabled people, so it is no surprise for Members to hear me say that PIP and other disability benefits are a regular feature of the conversations that I have with disabled people, and disabled people’s organisations and charities. I can assure the House that even a brief mention of the phrases “PIP assessment” and “work capability assessment” is enough to strike genuine fear into the hearts of many. Disabled people tell me they feel demonised and humiliated by having to explain their conditions over and over again.Quite simply, as many have said, they do not trust the DWP to make the right decisions.

It is not difficult to see how we got to this point. Welfare reforms brought in during the coalition years, coupled with austerity, seemed to have been based on the premise that disabled people are undeserving and out to defraud the system. These moves, coupled with the fact that disabled people have been disproportionately affected by the pandemic and the cost of living crisis, have led to a regression in disabled people’s rights over the last 14 years. That is not just my opinion. As my hon. Friend the Member for Leeds East (Richard Burgon) so passionately put it, the UN agrees. I am ashamed to say that eight years ago, the UK became the first country ever to be found to have breached the UN convention on the rights of disabled people.

As has been referenced, Rosemary Kayess, the chair of the UN committee said:

“We find a pervasive framework and rhetoric that devalues disabled people and undermines their human dignity. Reforms within social welfare benefits are premised on a notion that disabled people are undeserving and skiving off and defrauding the system. This has resulted in hate speech and hostility towards disabled people.”

Put simply, the current system is flawed. It is little wonder then that we see so many desperate constituents in our advice surgeries who are afraid that the DWP will take away their income. Quite frankly, we should all be ashamed.

My right hon. Friend the Member for Hayes and Harlington (John McDonnell) asked the Minister to meet the ME community to look at how we can reform the system. I really hope that she remembers to respond to that point. I know that issues with the benefits system cannot be fixed overnight, but as my right hon. Friend the Member for East Ham (Sir Stephen Timms) said—I have heard him say this many times—why do we not just make sure that assessments are recorded as standard? That is a simple thing that can be done straightaway.

A future Labour Government will provide a reliable safety net for people who lose their job or cannot work due to ill health or disability. Where appropriate, we will help people on their journey back into work by allowing them to try paid work without the need for reassessments if it does not work out. We will also replace the current system of work capability assessments with a system that supports people to live with dignity and security. In doing so, Labour will work with employers, trade unions and other stakeholders to support the wellbeing of workers and their long-term physical and mental health. Most importantly, a future Labour Government are committed to working with disabled people to break down the barriers they face in everyday life. We know they are the experts by experience.

[The Minister for Disabled People, Health and Work (Mims Davies)]

I am grateful for the opportunity to close the debate, and it is a pleasure to serve under your chairmanship, Mrs Latham. I thank all hon. Members for their invaluable and insightful contributions this afternoon, and in particular the hon. Member for Slough (Mr Dhesi) for bringing this timely debate to the Chamber.

Collaboration remains vital as we address the critical matters that we have discussed today, essential for supporting many in our communities. I appreciate that people are passionate, but the perception of a punitive, divisive culture, and the rhetoric used this afternoon, does not reflect an approach that I or my hon. Friend the Member for North Swindon (Justin Tomlinson) have ever taken or would ever take in our time and commitment doing this job. I want anybody watching this debate this afternoon to feel reassured that whether they come to us through a complaints procedure, or into an MPs’ surgery, or work with one of the charities in this area, they will get the support they need. We at the DWP, as much as anyone else, strive to give the most vulnerable the right support. We have the right policies and the right system in place so that we can be fair to those in need and be fair to the taxpayer, but always listen to disabled people’s voices. I have absolutely been striving to do that in the full-time role that I hold. I am not going to disagree that I have not looked at housing and youth alongside that, but many of the transitions and challenges apply to disabled people as well.

I am very happy to meet the gentleman from the ME community who the right hon. Member for Hayes and Harlington (John McDonnell) says needs to meet me. I am also keen to look at Monika’s case, at the case raised by the hon. Member for Ceredigion (Ben Lake), and at other cases that have been raised this afternoon. I say to hon. Members, “Please share these cases with me. It’s no good you only having them in your constituency. It’s really important that we look at them and learn from them at the DWP, so we can get beyond the perception and the feeling that people have.”

I am determined to ensure that I work with disabled people and listen to them speaking about their everyday lives. I was recently in Hastings to discuss our new trauma-informed approach. I will be at the new health model office in Gosport on Thursday to make sure that compassion, empathy and understanding are at the heart of what we do.

[Vicky Foxcroft]

I am grateful that the Minister has offered us all the chance to share our cases with her, but I hope she realises how many there are. Some of us have raised one or two cases today, but I have literally hundreds and hundreds of examples of things going wrong.

Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 18th March 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

The Department for Work and Pensions has a staggering 288,000 outstanding PIP claims. The average clearance time is currently 15 weeks. People are waiting almost four months for a decision, which can have a significant impact on physical and mental health. What is the Minister doing to improve clearance times, so that people are not left in limbo, worrying about whether they can afford the extra costs associated with their disability or long-term health condition? The Government urgently need to get a grip.

[Mims Davies]

Claimants’ satisfaction has remained above the service level of 90% or higher as of the three-month average that began in September 2016. The end- to-end clearance time from registration to a decision being made is currently 15 weeks, which has been reduced from 26 weeks in August 2021. [Interruption.] The hon. Lady asked very gently what we are doing. We have multi-channel assessments and I am engaging regularly with my officials twice a month to ensure that we are assessing the queues and the delays and, as I said at the start of this question, that we are treating everybody individually and in a tailored and suitable way.

Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2024 Draft Pneumoconiosis etc. (Workers’ Compensation) (Specified Diseases and Prescribed Occupations) (Amendment) Regulations 2024 Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2024

Vicky Foxcroft Excerpts

Monday 19th February 2024 General Committees

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairship, Sir Edward. I believe this is now the third time that I have spoken to the regulations on behalf of the shadow Department for Work and Pensions team. As always, I thank the Minister for introducing the regulations. As she explained, the mesothelioma regulations amend the Child Maintenance and Other Payments Act 2008, and the pneumoconiosis regulations amend the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

The Acts make provision for lump sum compensation payments to be made to people suffering specific dust-related diseases or to their dependents, provided that they meet certain qualifying criteria. The 1979 Act was intended to compensate people who had contracted certain diseases as a result of their working environment. On the other hand, the 2008 Act compensates people regardless of whether they contracted the disease through work, thus covering those affected through indirect exposure. This year, we also have a third SI in the set, which makes small changes to the wording on the specific diseases to which the 1979 Act applies. The regulations before us update the amounts payable by 6.7% from April 2024 based on the consumer prices index rate of inflation in September 2023, bringing them in line with other benefits.

I know that colleagues will be aware of the impacts that these awful diseases can have on victims and their families. I am sure they will want to join me in thanking the many organisations that do a fantastic job in providing support and information. If I may, I will also take a moment here to pay tribute to our late colleague, the former Member for Rochdale, Tony Lloyd, who was a great advocate for people suffering from asbestos-related diseases. He campaigned tirelessly for asbestos to be removed from workplaces, schools and homes.

Thousands of people are diagnosed with or die from one of these diseases every year. Let us remember that most of them will have contracted their illness in the course of their work. Sadly, in many cases that was avoidable. Mesothelioma UK, for example, estimates that 94% of cases of that disease could have been prevented. It is therefore only right that appropriate compensation is awarded by the state. As always, I recognise that there is no statutory requirement to increase these rates, and I am glad that the Government continue to do so.

It is well established that it can take many years for the diseases to develop, so it follows that the majority of people who are diagnosed have already retired. However, when reading the 2022 report from the Work and Pensions Committee into the Health and Safety Executive’s approach to asbestos management, I was struck by a more extreme example given by the Asbestos Victims Support Groups’ Forum. The organisation stated that it had been supporting a 27-year-old man whose exposure to asbestos would have either been at school or during his short working life. This same report also refers to a 44-year-old doctor who died after being exposed to asbestos while working in the NHS.

These rather alarming cases bring me to my next point. A 2019 Government survey found that 80.9% of participating schools reported that asbestos was still present on the estate. Concerns were raised last spring when, at the request of the hon. Member for Twickenham (Munira Wilson), the Office for National Statistics supplied data showing that almost 150 healthcare and education workers had died of asbestos-related cancer since 2017. With that in mind, I ask the Minister to provide an update on what work the Government are doing with the HSE to ensure that UK workplaces are asbestos free.

I turn to a question that the Opposition have asked several times in past debates: why does the uprating of these lump sum payments not happen automatically? The Government’s response is always that that is unnecessary, as the commitment to uprate the payments in line with other benefits has been in place since 2004. Previous Ministers have quite rightly noted that these Committees provide an opportunity for the discussion of the schemes, as well as of support for people with respiratory diseases. Although I take both points, I still believe that it would be preferable to provide certainty through automatic uprating. In previous years, Ministers have told me that they will keep the issue under review; I hope that that will remain the case.

I continue to have concerns about the discrepancy between the payments made to victims and those made to their dependants. Under the new figures, the 44-year-old doctor I mentioned would be awarded £100,889, but if their dependant were making the claim, they would receive only £50,608, which is 50% less. The Government committed way back in 2010 to looking at that disparity and equalising the situation. If memory serves, last year the Minister’s predecessor did not respond directly to this point, but in 2022 the right hon. Member for Norwich North (Chloe Smith), whom I also had the pleasure of shadowing, stated that the Government believe that

“the funds available ought to be prioritised for those who are suffering most with the diseases—the person with the disease.”—[Official Report, Fifth Delegated Legislation Committee, 23 February 2022; c. 12.]

I ask the Minister again to consider whether this disparity is proportionate and appropriate, given the devastating impact that these diseases can have on families. I also request that she update the Committee on the most recent estimated costs of providing equal payments to sufferers and dependants. The discrepancy is compounded by the fact that the diseases are much more likely to affect men, which means that, by default, dependants are more likely to be women. I would be grateful if the Minister provided an update on any recent equality impact assessments carried out in respect of the disparity between payments. It is somewhat frustrating that we raise these issues year after year and successive Ministers, although sympathetic, have yet to take any meaningful action.

Despite those concerns, the Opposition are happy to support the uprating of the lump sum payments in line with inflation. I urge the Minister to continue looking at what can be done across Government to improve health and safety, so that we do everything we can to prevent workplace-related deaths.

Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 5th February 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

As my hon. Friend the Member for Newport East (Jessica Morden) has just highlighted, the Department is in chaos and that is having a huge impact on claimants’ lives. As of October, there were 294,000 new personal independence payment claims waiting to be processed, with a further 445,000 claimants awaiting an award review. As of November, 24,339 people were awaiting Access to Work decisions. We are talking about hundreds of thousands of disabled people left in financial limbo, with tens of thousands waiting to start work. What message does the Minister think these huge backlogs send to disabled people, and how does she finally plan to get a grip of them?

[Mims Davies]

I thank the hon. Lady for making the important point about the numbers. I agree that behind each of those is somebody we should be concerned about, and I am absolutely looking at this point. We are continuing to learn from decisions overturned by appeal, and we will continue to make improvements to our decision-making processes to help people to get the correct decision earlier in their claim journey, and to be able to work and have the support where it is needed. Not everybody on PIP is out of work, so we need to be listening to the needs of the people in those queues. I am conscious that every one of them is not a statistic but a person who needs our support.