Personal Independence Payments 1.08 pm Stephen Timms
(East Ham) (Lab) (Urgent Question): To ask the Secretary of
State for Work and Pensions to make a statement on the cuts to
entitlement to personal independence payment. The Secretary of
State for Work and Pensions (Damian Green) Recent legal
judgments have interpreted the assessment...Request free trial
Personal Independence Payments
1.08 pm
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(East Ham) (Lab)
(Urgent Question): To ask the Secretary of State for Work
and Pensions to make a statement on the cuts to entitlement
to personal independence payment.
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The Secretary of State for Work and Pensions (Damian
Green)
Recent legal judgments have interpreted the assessment
criteria for PIP in ways that are different from what was
originally intended by the coalition Government. We are
therefore now making amendments to clarify the criteria
used to decide how much benefit claimants receive in order
to restore the original aim of the policy previously agreed
by Parliament, which followed extensive consultation.
I want to be clear about what this is not. It is not a
policy change, and nor is it intended to make new savings.
I reiterate my commitment that there will be no further
welfare savings beyond those already legislated for. This
will not result in any claimant seeing a reduction in the
amount of PIP previously awarded by the Department for Work
and Pensions.
Mental health conditions and physical disabilities that
lead to higher costs will continue to be supported, as has
always been the case. The Government are committed to
ensuring that our welfare system provides a strong safety
net for those who need it. That is why we spend about £50
billion to support people with disabilities and health
conditions, and we are investing more in mental health than
ever before, spending a record £11.4 billion a year.
Personal independence payments are part of that support,
and they provide support towards the additional costs that
disabled people face. At the core of PIP’s design is the
principle that support should be made available according
to need, rather than a certain condition, whether physical
or non-physical. PIP is also designed to focus more support
on those who are likely to have higher costs associated
with their disability. PIP works better than disability
living allowance for those with mental health conditions.
For example, there are more people with mental health
conditions receiving the higher rates of PIP than there
were under the old DLA system.
This is about restoring the original intention of the
benefit, which has been expanded by the legal judgments. 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.
-
In a written statement published without warning on
Thursday, Ministers announced the cuts to which the
Secretary of State has just referred, which will take
effect in two weeks’ time. Over the weekend, another Member
in government said that this was to stop the payment of
benefits to people
“taking pills at home, who suffer from anxiety”.
Why is so little notice being given, with no opportunity at
all for parliamentary scrutiny of these substantial cuts?
Will the Secretary of State confirm, as stated in the
impact assessment published with the regulations, that
people suffering from schizophrenia, learning disability,
autism and dementia will be among those worst affected by
the cuts? The cut is being achieved by taking the benefit
away from people whose mobility impairments are the result
of “psychological distress”. According to the wording of
the regulations, they will no longer be entitled to
benefit. Does that not directly contradict the Prime
Minister’s commitment to treat mental health on a par with
physical health?
-
I thought every part of that question was based in error,
if I may say so. Nobody is losing money compared with what
they were originally awarded by the DWP, so that part of
the right hon. Gentleman’s question is simply factually
incorrect.
Far from being slipped out, the Department made a huge
effort to let people know that this was happening. I left a
message for the shadow Secretary of State, the hon. Member
for Oldham East and Saddleworth (Debbie Abrahams), and I
spoke to the Chairman of the Work and Pensions Committee,
the right hon. Member for Birkenhead (Frank Field). I know
that my hon. Friend the Minister for Disabled People,
Health and Work also spoke to a number of colleagues, so
the idea that this was slipped out is simply ridiculous.
The right hon. Gentleman talks about individual conditions,
and I can only repeat what I said earlier: PIP is awarded
not for conditions, but for the living or mobility
difficulties that result from such conditions. All that the
regulations do is to restore the situation to what it was
in late November, before the two court judgments. This is
not a new policy or a spending cut; this is simply
restoring the benefit to what was intended when it was
first introduced under the coalition Government.
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(Preseli Pembrokeshire)
(Con)
Does my right hon. Friend agree that any welfare payment,
especially one providing a tiered range of cash payments to
people living with enormously diverse physical and mental
conditions, requires clear assessment criteria and clarity
in law? The new regulations will restore precision to the
law, which will benefit all users of the system.
-
I completely agree with my right hon. Friend, who obviously
has huge expertise in this area, that we need clarity. In
particular, the vulnerable people receiving PIP deserve
clarity. I reassure them and the House that all the
regulations will do is to restore us to the situation that
everyone knew they were in late last year, and in which
they have been ever since PIP was introduced.
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(Oldham East and
Saddleworth) (Lab)
As we have heard, on Thursday the Government issued the new
regulations by which disabled people or people with a
chronic condition will be assessed for eligibility for
personal independence payments. PIP helps disabled people
to fund their living costs and, in particular, the
additional costs that they face because of their condition.
The regulations will come into force in just over two
weeks’ time, but they were issued without any consultation
with the Social Security Advisory Committee. The Government
have said that this is because of the urgency of the issue.
The Government are in effect overturning two tribunal
rulings that allow chronic “psychological distress” to be
included in the PIP assessment. However, if the Secretary
of State was so unhappy with the tribunal rulings, why did
he not use his powers under sections 25 and 26 of the
Social Security Act 1998 and regulations 21 and 22 of the
Social Security and Child Support (Decisions and Appeals)
Regulations 1999 to challenge those rulings in the courts?
The Secretary of State’s actions not only undermine the
judicial process, but reduce eligibility to PIP support for
over 164,000 people with debilitating mental health
conditions, including those not able to go outside their
own homes. What discussions has the Secretary of State had
with disabled people’s organisations ahead of bringing
forward these regulations? What is his assessment of the
effects on the health and wellbeing of the people affected
by the cuts? Given that disabled people are twice as likely
to live in poverty as non-disabled people as a result of
the extra costs they face, how many disabled people will be
driven into debt or face poverty as a result of these cuts?
What is the cumulative effect of these cuts along with the
employment and support allowance work-related activity
group cuts that are due to come into effect in April, which
will affect 500,000 disabled people? Finally, why are the
Government contradicting their earlier argument in the 2015
upper tribunal case of HL v. the Secretary of State for
Work and Pensions in which they argued that “psychological
distress” should be included in PIP assessments?
We have been arguing for parity of esteem for mental health
with physical health for some time now. Indeed, the Prime
Minister famously said that people with mental health
conditions need more support. Why will the Government not
honour that?
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Let me deal with some of the detailed points raised by the
hon. Lady. Incidentally, we are appealing the judgments,
but because of the lack of clarity that would be caused by
leaving the current regulations in limbo following the
upper tribunal’s decisions, it is better to move quickly. I
should also say that the tribunal has itself said that the
assessment criteria are not clear. If the tribunal believes
that, I am more than happy to accept it—indeed, I am
grateful to it for telling us that the criteria are not
clear—so I am now taking the opportunity to clarify the
existing regulations.
The hon. Lady talked about the effect on disabled people. I
absolutely agree with her that that is the central core of
what we are trying to do. I point out to her that over two
thirds of PIP recipients with a mental health condition get
the enhanced rate daily living component, compared with
just 22% who used to receive the highest rate of DLA care.
That is why PIP is a better benefit than DLA. That happened
previously under the existing regulations, and I am now
restoring that situation.
The hon. Lady’s questions were predicated on this being a
cut. It is simply not a cut; it is not entirely honest of
her to say that it is a cut. If she looks at the facts of
the case, she will recognise that people claiming
PIP—specifically those with mental health conditions—have
been and are better off with PIP. We are making the benefit
clear. We are making the change so that the benefit is paid
as it has been since it was first introduced, which is
better for people, particularly those with mental health
conditions.
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Mr Speaker
Order. I respect the cut and thrust of debate, but there
can be no accusation of dishonesty in this Chamber.
-
I will happily withdraw—
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Mr Speaker
Order. That is quite sufficient. No further explanation is
required. I am very grateful to the Secretary of State, and
deeply obliged to him.
-
(North Swindon)
(Con)
I welcome the fact that the Government are now, rightly,
spending a record amount to support those with long-term
health conditions and disabilities. If the Government were
to decide to increase that amount yet further, surely that
should be done in conjunction with charities and
stakeholders, utilising their expertise, rather than on an
ad hoc basis dictated by the courts?
-
My hon. Friend, who also has huge expertise in this area,
is exactly right. There was very extensive consultation
when PIP was first introduced about the design of what is,
inevitably, a very complex benefit. As I have explained, we
have seen a considerable improvement in awards,
particularly for those with mental health conditions. The
Government’s changes will restore that situation, which was
better than people ever knew in the past.
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(Ayr, Carrick and
Cumnock) (SNP)
The changes will, despite what has been said, exclude
disabled people from vital financial assistance. They send
a dangerous message to the public that people suffering
from mental health conditions are less worthy of support
than those with physical disabilities. We cannot and should
not pit one disability against another. With condemnation
across the spectrum, I urge the Secretary of State to
rethink these callous changes. Can the Secretary of State
offer any explanation as to why those with mental health
conditions are not entitled to the same levels of support
as others? Will he clarify whether this matter will be
brought to the House? Finally, I ask that a debate takes
place as a matter of urgency to give the House the
opportunity to scrutinise the proposals fully and to put
forward the concerns of disabled people across the UK.
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The hon. Lady will know that what is considered for debate
are matters for the usual channels. It ill behoves any
Secretary of State to try to interfere in the actions of
the usual channels.
The hon. Lady’s first question is based on the
misapprehension that people with mental health conditions
are doing worse under PIP as it is currently run. That is
simply factually not the case. I am proud of the fact that
overall the Government are spending £11.4 billion on people
with mental health conditions—more than any previous
Government have paid out. Overall, we are spending £50
billion a year on disability benefits. In every year of
this Parliament we will be spending more than was spent in
2010. That is how we are meeting our commitments to
disabled people, which I take very seriously and the whole
Government take very seriously.
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Sir (New Forest West)
(Con)
Are there lessons for the framers of the regulations to
avoid them effectively being rewritten by the tribunals?
-
There are always lessons for anyone who writes regulations.
By necessity, benefit regulations are complex, particularly
because they need to be very sensitive. We are dealing with
vulnerable people. In this case, we are dealing with
disabled people who have extra living costs or difficulties
with mobility. Inevitably, the framers of regulations try
to make them as exact as possible. It is one of the roles
of the courts to point out where that has gone wrong. In
this case, the courts have said that they were not clear.
What the Government are doing is clarifying them. That is
to everyone’s benefit.
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(Leeds West)
(Lab)
The Prime Minister has said that there should be parity of
esteem between mental and physical health conditions. By
overriding the courts on this matter, 160,000 people who
would otherwise have been receiving support through PIP
will not now receive it. Did the Prime Minister agree with
the decision to overrule the courts and deprive these
people of the support they desperately need?
-
The hon. Lady is wrong to say that 160,000 people will not
get PIP because of the decision. She knows the details well
enough to know that this is not about whether or not people
receive PIP. There are two different cases and two
descriptors—[Interruption.] She keeps treating me as though
I am the Prime Minister. I am grateful, but I am not. I am
the Secretary of State for Work and Pensions. The hon. Lady
is simply wrong when she says that this will deny people
PIP. As she knows, PIP is given on the basis of the
difficulty of living costs or mobility costs. It is not a
binary case. Twelve different attributes are considered and
each attribute has a large number of descriptors. The court
case affects two descriptors. It is not as she paints it.
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(Rochester and
Strood) (Con)
I thank the Secretary of State for his clarification. Can
he assure my constituents who are affected by PIP that the
Government are committed to ensuring that PIP assessments
are high quality and that people are properly supported
throughout the process?
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We are engaged in a PIP improvement project. My hon. Friend
is right to ask the question about consistency of
assessments. That is one matter we are certainly
addressing. The other matter, which I know is of concern
across the House, is delays. I am glad to report that
because of the PIP improvement plan, claims are now being
cleared at over five times the rate they were in January
2014. The delays in the system are being reduced and we are
addressing the issue of consistency.
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Mr (Walsall North)
(Lab)
Has the Secretary of State forgotten that one of his
predecessors resigned a year ago because of cuts to the
disabled? Does he understand—it does not seem that he
really does—the strong feeling among so many of the
vulnerable that they will again be in the firing line for
cuts? There is so much anxiety. We receive emails
constantly from those affected, and from organisations,
about the way the disabled are hit time and time again.
-
I am happy to assure them and the hon. Gentleman that what
I am talking about today is not a cut. We are not going to
have any new welfare cuts in this Parliament, apart from
those that have already been legislated for. The decision
we have taken is not—not—a cut.
-
(Richmond (Yorks))
(Con)
It is clear that different medical conditions will have
different impacts on people’s living and mobility. Does my
right hon. Friend agree that we must recognise this simple
fact if we are to continue to target resources on those who
are most vulnerable and most in need?
-
I do. Indeed, that was the purpose of the original design
of PIP. It is better than disability living allowance,
which it replaced, precisely because it reflects the
reality in individuals’ lives that some will have more
difficulty in going about their daily business because of a
disability. The PIP benefit is specifically designed in a
very careful, and therefore complex, way to achieve that
and it does. Ministers have to ensure that the rules are
completely clear and that is what we are doing today.
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Ms (Wallasey) (Lab)
If everything is working so well, why are my advice
surgeries full of people who have been waiting for their
PIP assessments for a very long time? Long-term disabled
people are being denied them and being caused massive
amounts of distress by the process. They feel utter despair
at having to have anything to do with it.
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As I say, an improvement plan is in place, which lets the
hon. Lady know that things need to improve. They are being
improved, as I explained in answer to the question from my
hon. Friend the Member for Rochester and Strood (Kelly
Tolhurst). I hope the hon. Member for Wallasey (Ms Eagle)
can be reassured by the fact that we are recruiting a team
of health professionals to help us to scrutinise the
suppliers’ training and assessments. Both suppliers have
their own improvement plans in place as well. We will be
trialling audio recording of selected assessments from the
beginning of next month to understand better how
assessments can be improved.
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(Amber Valley)
(Con)
As part of the improvement plan the Secretary of State
refers to, will he ensure that those who need assessments
in their own homes will be able to get them from both
providers?
-
Yes. That point has been made by a number of
non-governmental organisations, as well as colleagues on
both sides of the House. We are looking at it very
seriously.
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Ms (Ochil and
South Perthshire) (SNP)
Some of my constituents are unable to leave their homes
without assistance due to a physical disability and some
are unable to leave their homes because of a mental
disability. Why should one be entitled to receive support
via PIP, but not the other?
-
They will both be entitled to PIP at the level that will be
assessed. Each individual is different and has different
levels of difficulty. It is often the case that for people
who are blind, with visual or cognitive impairments, they
will not have a fluctuating condition. It will clearly be
less amenable to treatment than some other conditions. It
is the level of difficulty in a person’s daily life,
whether they have a physical or a mental health problem,
that matters in terms of the PIP assessment.
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(Halesowen and Rowley
Regis) (Con)
The Secretary of State will be aware that since joining
this place I have been a strong campaigner for parity of
esteem between mental and physical health. Is not one of
the key points he is making that this is not a binary
decision between mental and physical health? The point of
PIP is that it promotes targeted help for people with
mental health conditions. Is it not also the case that more
people are receiving payments under PIP for mental health
conditions than ever was the case under DLA?
-
I pay tribute to my hon. Friend for the very good work he
has done in his time in the House on mental health. He is
absolutely right. A core tenet of PIP’s design is the
principle of equivalence between physical and non-physical
conditions. The whole House ought to welcome this move. It
is why, as he has explained, it is a better benefit than
DLA. Rolling PIP out in this way and attempting to improve
the assessment process in the way we are is the best way
for us to help people with all kinds of disabilities,
specifically those with mental health conditions.
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(Poplar and
Limehouse) (Lab)
I received an email following the remarks of the No. 10
adviser over the weekend. My constituent wrote:
“As someone who has been diagnosed with PTSD and phobic
anxiety, I am deeply distressed and angry about his
remarks. Considering the current lack of funding and social
stigma that mentally disabled people already have to
suffer, this is beyond the pale.”
Do the Government recognise the offence these remarks
caused, and will they dissociate themselves from and
apologise for them?
-
The hon. Gentleman talks about a Government adviser. I
assume he is talking about my hon. Friend the Member for
Mid Norfolk (George Freeman), who has apologised for his
remarks and who has, as it happens, also done a lot of work
on mental health issues. As he has explained, he has a
personal and family history that makes him particularly
sensitive to mental health issues. I hope that the House
can accept his apology.
-
(Bexhill and Battle)
(Con)
For those of us who deal with vulnerable constituents, it
is frustrating to hear these matters described as cuts when
they are clearly not. Where in the £50 billion disability
budget would savings have to be made to pay for this
increase?
-
Since the purpose of the announcement and the regulations
that the Government are introducing is not to have to look
for cuts elsewhere, I am happy to say to my hon. Friend
that we can avoid those, but he is quite right. We have a
welfare budget and are spending more on disability benefits
than any previous Government, and we are proud of that
fact.
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(Carshalton and Wallington)
(LD)
The Liberal Democrats have tabled a prayer on this to try
to force a debate, and I thank the Leader of the Opposition
for supporting it. A constituent, Katherine, has contacted
me concerned about how the amendments will impact on her
when she is transferred from DLA to PIP. She currently
receives the lower rate mobility component and suffers from
attention deficit hyperactivity disorder, depression,
generalised anxiety and social phobia. Her life is severely
affected by her mental health. She cannot plan the route of
a journey or follow the route of a familiar journey. Why do
the Government want to deny her the mobility component of
PIP?
-
Katherine will see no change to the rules that have applied
to her in the past. I gently point out to the right hon.
Gentleman that these rules were passed by a Government of
which he was a member.
-
(Aldridge-Brownhills)
(Con)
I am grateful to the Secretary of State for providing some
helpful clarity on this issue. Will he confirm that people
who need help managing their medication will continue to
receive that support?
-
Yes. Not only will they come under the appropriate
descriptor for PIP, but—this has not been mentioned
yet—they will receive support from the NHS as well. We have
a healthcare system precisely to advise people on issues
such as medication, so the state is already doing something
to help them. Clearly that is necessary and will continue
to be an important part of the system.
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(Bridgend) (Lab)
Mind says that the proposed changes will affect about
160,000 people and could prevent people from accessing the
financial support they need to get to health or job
appointments and from getting out to pay for fuel and
heating, take their children to school or see friends and
families—things essential for their daily lives and
recovery. If the Secretary of State is so confident that he
is right and Mind is wrong, will he meet representatives
from Mind to discuss who is right and who is wrong, and
then come back to the Chamber and give the same assurance?
-
I am always happy to meet representatives from Mind. As it
happens, the Minister for Disabled People, Health and Work,
my hon. Friend the Member for Portsmouth North (Penny
Mordaunt), has already spoken to Mind on this matter, and
it is coming into the Department to speak to us again soon.
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Mrs Moon
On this issue?
-
On this issue, yes. As I have already pointed out, nobody
is losing any benefit originally awarded to them by the
DWP. That is the fact that most needs to be conveyed to
those receiving the benefit.
-
(Colchester) (Con)
I read the media reports on this change with some alarm,
until I read into the detail of the regulations. To that
end, will the Secretary of State confirm my understanding
that far more people with mental health issues will be
eligible for PIP than were ever eligible for the old DLA?
-
Yes, my hon. Friend makes a correct point, and one that I
have made several times in the past few minutes. PIP is a
better benefit than DLA for several reasons, perhaps the
most important being that it is more available to those
with mental health conditions. It always has been. The
rules we are putting in place will make sure that it
continues to be.
-
(Bolton South East)
(Lab)
Why are the Government contradicting their argument in the
2015 upper tribunal case of HL v. SSWP, where they argued
that psychological distress should be included in PIP
assessments?
-
I am happy to assure the hon. Lady that psychological
distress is included in PIP assessments. It always has
been. Nothing changes as a result of these regulations.
-
(Torbay) (Con)
I thank the Secretary of State for the reassurances, given
the correspondence I received after the media coverage.
Will he go further and confirm that the regulations will
not result in anybody receiving less money than they were
awarded by the DWP and that there is no intention to make
new savings?
-
I am happy to repeat—yet again—that nobody will receive
less money under PIP than they originally received in their
award from the DWP as a result of the regulations we have
introduced.
-
(Stretford and Urmston)
(Lab)
People with learning disabilities, schizophrenia and
autism—the conditions highlighted by my right hon. Friend
the Member for East Ham (Stephen Timms)—are more likely to
feel anxious about their assessment and experience greater
difficulty in conveying information about their condition
and, according to my constituents, are increasingly
subjected to a more hostile and aggressive assessment
process. Does the Secretary of State share my concern that
these people will be particularly vulnerable if the
proposals are not introduced very carefully?
-
We are introducing them very carefully. I completely agree
that people likely to suffer from anxiety should not be
made unnecessarily anxious, which is why I am at pains to
reassure them, the House and everyone else that this is not
a policy change or a cut. Nobody will receive less benefit
than they were originally awarded by the DWP.
-
(Crawley) (Con)
I commend the Secretary of State for his response. Through
the PIP improvement plan, can he assure constituents of
mine who find it difficult to travel to assessments that
they will be supported?
-
Yes I can. Assessors already visit people who need that
particular service, and obviously that will continue.
-
(Birmingham,
Northfield) (Lab)
Is not the reality of the situation that the disability
benefits system, whether PIP or its predecessor benefits,
has never been sufficiently sensitive or flexible when it
comes to the needs of people with mental health illnesses,
and that the court ruling was one small step in
interpreting existing regulations—not new ones—to make the
system just a little better? Does the Secretary of State
not recognise that by rushing out these new regulations, he
is changing the interpretation of an existing one, and in
doing so will make people with mental health problems and
illnesses a lot more anxious and unfairly treated?
-
The hon. Gentleman makes an important point, but I do not
agree with his assessment. The upper tribunal said that the
regulations were not clear enough, so we are clarifying
them in a way that restores the original intention of the
benefit. That should provide certainty to people, not
uncertainty.
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Mr (Enfield, Southgate)
(Con)
I recognise that the Government are retaining the scope of
PIP and the funds for it, but does not the focus on
vulnerable people with the most challenging needs highlight
the need for more integration and more funds for social
care?
-
As ever, my hon. Friend makes a good point. He is right
about greater integration, which is precisely why we
created a work and health unit. For the first time, my
Department and the Department of Health are working
together daily for the many people whose needs fall partly
under health and partly under the benefits system, so that
we can provide a more integrated, personal and sensitive
service.
-
(Torfaen)
(Lab)
So many of my constituents have had to go through the
mandatory reconsideration process all the way to a tribunal
to be awarded the number of PIP points they should have
been awarded in the first place. Alongside these
regulations, does the Secretary of State have any plans to
introduce support for disabled people who are awaiting the
outcome of tribunal decisions?
-
The hon. Gentleman makes a point about people who appeal,
but only 6% of PIP judgments are appealed—a very low
number. We are seeking to improve the system by making sure
that more health information is available earlier in the
assessment process, which I am sure will help the hon.
Gentleman’s constituents.
-
Mr (Kettering)
(Con)
I have been following exchanges closely, and my
constituents will want to know that their MP has understood
things correctly. Can the Secretary of State confirm my
understanding from what has been said that 25% of PIP
claimants now get the highest rate compared with 15% under
DLA, and that more people with mental health conditions
qualify for PIP than ever did before under the old DLA
system?
-
Yes, my hon. Friend is right in both those assumptions, and
I am happy for him to share them with his constituents. Let
me add a more specific assurance—that more PIP claimants
with mental health conditions claim the mobility component,
which stands at 27% as compared with 9% of those on DLA,
which is another improvement.
-
(Batley and Spen)
(Lab)
In common with my hon. Friend the Member for Wallasey (Ms
Eagle), who has just left her place, I have had surgeries
at which constituents are increasingly anxious about these
changes. Can the Secretary of State please confirm what
assessment the Government have undertaken on the impact of
these cuts on the already vulnerable mental health status
and well-being of claimants, and will he make that
assessment available to the House?
-
The equality analysis is available. I can only emphasise to
the hon. Lady’s constituents—[Interruption.]—and indeed to
those of the shadow Secretary of State, who is chuntering
from a sedentary position, that this is not a change in
policy or a cut. Nobody will receive less benefit than they
were originally awarded by the DWP. [Interruption.]
-
Mr Speaker
There are people on both sides who are chuntering from a
sedentary position, which is certainly not something I ever
remember doing myself when I was on the Back Benches.
-
Mr (Wellingborough)
(Con)
I remember that you sat next to me on those Benches, Mr
Speaker.
We have an excellent Secretary of State, probably one of
the most caring in the Government, and I am sure that what
the Government are doing is correct. As the hon. Member for
Torfaen (Nick Thomas-Symonds) said, however, Members have
the opportunity today to highlight the fact that the
process of assessment is not working for a number of our
constituents. I am fed up with seeing every week a
constituent who clearly should have been awarded PIP but is
not getting it. Will my right hon. Friend say a little more
on how we are going to improve that situation?
-
I am grateful to my hon. Friend for his kind remarks and
indeed for your remarks, Mr Speaker, about the fact that
you never chuntered from the Back Benches. This means that
I will be able to correct my own memory of those
circumstances, having sat next to you on the Back Benches
for many years as well.
We are obviously trying to improve all aspects of the PIP
process—the accuracy and the speed of the assessments—and,
as I have said, the early provision of more objective
health information will improve the situation hugely, not
least for my hon. Friend’s constituents and others who find
the process stressful.
-
(Glasgow Central)
(SNP)
I challenge the assertion that PIP is better for people
with mental health conditions. One of my constituents has a
diagnosis of bipolar disorder and used to receive DLA on
the grounds of a need for continual supervision. This
procedure is not recognised under PIP, and my constituent
has lost not only her entitlement to PIP but consequently
her working tax credit, which was passported via DLA. She
is now considering leaving her job. What reassurance does
this announcement give to my constituent and others in
similar situations?
-
I can only repeat the facts to the hon. Lady. Over two
thirds of PIP recipients with a mental health condition get
the enhanced rate daily living component, which compares
with just 22% who received the highest rate DLA care. As I
have just explained to my hon. Friend the Member for
Kettering (Mr Hollobone), for the mobility component, which
is the other part of PIP, the relevant figures are 27% and
9%. The facts are incontrovertible. More people with mental
health conditions are receiving PIP than used to receive
DLA. It is a better benefit for people with mental health
conditions than DLA was.
-
(South Dorset)
(Con)
My South Dorset constituents will be relieved to hear what my
right hon. Friend said about looking at the assessment
process, which goes horribly wrong far too often. Would he
give more consideration to home visits and take into account
information not only from health officials and GPs but from
relatives, families or friends?
-
As I explained to my hon. Friend the Member for Crawley
(Henry Smith), we already do home visits. If there are cases
where my hon. Friend the Member for South Dorset (Richard
Drax ) thinks people should have had home visits but did not,
I encourage him to get in touch with me so we can look at the
details of them.
-
(Manchester, Withington)
(Lab)
Of the many constituents who have come to my surgery with
problems over PIP, one particularly sticks in my mind: a man
whose long-term mental health issues meant he simply could
not get out to work, yet PIP was refused for him. This was
not somebody who wanted to sit at home and take pills; he was
simply unable to get out there. How can the Government
possibly claim to want parity of esteem for mental health
when they are trying to enshrine disparity as a result of
this change?
-
It is impossible for me to comment on an individual case when
I have not seen the details, but the parity between mental
and physical disabilities is embedded in PIP. It is the whole
point of PIP. I shall not weary Members by repeating the
figures, but far more people with mental health conditions
are receiving PIP than used to receive DLA. It may be an
uncomfortable truth for Opposition Members, but it is still
true.
-
(Glasgow South West)
(SNP)
Why was the Social Security Advisory Committee, in effect,
bypassed when this regulation was put through? What
consultations has the Secretary of State had with
organisations that represent disabled people? What does he
say to those organisations that are concerned about his
Department’s repeated attempts to award people with mental
health conditions who cannot follow the route of an
unfamiliar journey alone the lower and not the higher
mobility rate?
-
I spoke to the chairman of the SSAC and explained why I was
invoking the urgency procedure, which is allowed. He and his
committee still have the power to look at these regulations
and make recommendations. The hon. Gentleman will have
observed that many Members of all parties have talked about
the problems of uncertainty and how they particularly affect
many of those people with mental health conditions whom we
have been discussing. What we are doing as quickly as
possible is removing the uncertainty, meeting the upper
tribunal’s desire for greater clarity in the system and
restoring it to where it was before, so that everyone
understands it. These are the rules under which people have
claimed for a long time, providing quick certainty for
people, which is what many people want.
-
The Parliamentary Under-Secretary of State, Department
for Work and Pensions (Lord Henley) (Con)
My Lords, with the leave of the House, I shall repeat
as a Statement an Answer given to an Urgent Question in
another place by my right honourable friend the
Secretary of State for Work and Pensions on personal
independence payments. The Statement is as follows:
“Recent legal judgments have interpreted the assessment
criteria for PIP in ways that are different from what
was originally intended by the coalition Government. We
are therefore now making amendments to clarify the
criteria used to decide how much benefit claimants
receive in order to restore the original aim of the
policy, as previously agreed by Parliament, which
followed extensive consultation.
I want to be clear about what this is not. This is not
a policy change, nor is it intended to make new
savings. I would like to reiterate my commitment that
there will be no further welfare savings beyond those
already legislated for. It will not result in any
claimant seeing a reduction in the amount of PIP
previously awarded by the DWP.
Mental health conditions and physical disabilities
which lead to higher costs will continue to be
supported, as has always been the case. This Government
are committed to ensuring that our welfare system
provides a strong safety net for those who need it.
That is why we spend around £50 billion a year
supporting people with disabilities and health
conditions and why we are investing more in mental
health than ever before, spending a record £11.4
billion a year.
Personal independence payments are part of that support
and provide support towards the additional costs that
disabled people face. At the core of PIP’s design is
the principle that support should be made according to
need, rather than a certain condition, whether physical
or non-physical. It is also designed to focus more
support on those who are likely to have higher costs
associated with their disability. PIP works better than
DLA for those with mental health conditions. For
example, there are more people with mental health
conditions receiving the higher rates of PIP than under
the old DLA system”.
That concludes the Statement.
3.08 pm
-
(Lab)
My Lords, I thank the Minister for repeating the
Statement to the House. I want to concentrate on the
judgment on the mobility component of PIP. Despite what
the newspapers may have reported, the tribunal ruling
does not mean that anyone with mental health problems
can get the higher rate of PIP. What it does mean is
that assessors cannot arbitrarily ignore all mental
health problems when working out whether someone is
entitled to the higher rate of PIP to deal with the
higher costs that they face. Despite the Minister’s
comments, MIND has pointed out that the Explanatory
Memorandum for the original Act said that the higher
rate was right if someone’s mobility was,
“severely limited by the person’s physical or mental
condition”.
If these regulations go through, it seems that someone
who is blind and needs help to plan or navigate a
journey could get the higher rate of PIP but someone
who, for example, has autism or early-onset dementia
and could not manage to plan or navigate a journey
without help would not be able to get the higher rate
of PIP. My question is very simple: how does that sit
with the Government’s commitment to parity of esteem
between physical and mental health and to the Prime
Minister’s promise to tackle the stigma associated with
mental health problems?
-
My Lords, what the tribunal said was that there was
some uncertainty in our regulations, despite the fact—I
am sure the noble Baroness will remember this far
better than I can, because I was not in this position
at the time—that these matters were extensively debated
during the passage of the Bill a year or so ago and
agreed in Parliament. The tribunal said that there was
uncertainty and we are trying to put that right.
The noble Baroness specifically referred to the example
of people who are blind in comparison to those with
psychological distress. That was a matter considered in
one of the two cases that we are dealing with. Mental
health conditions are more likely to fluctuate than
conditions such as visual impairment or blindness, and
people who cannot navigate due to a visual or cognitive
impairment are more likely to have a higher level of
need and therefore face higher costs. What we are
seeking to do, quite simply, is amend the criteria to
reinstate the distinction between those two groups, as
was originally intended in the order. It is no more
than that.
-
(LD)
My Lords, the Minister said that this is quite simple.
It is not quite simple. In both recent appeals, the
Upper Tribunal considered the relevant PIP descriptors
most carefully. Does the Minister accept that in the
second case, which dealt with mobility, the judges took
into account the Government’s own declaration that
non-physical conditions, which surely must include
“overwhelming psychological distress”, under
descriptors 1.b. and 1.e. in the 2013 regulations,
should be given the same recognition as physical ones?
Why did the Government not consult disabled
organisations before bringing in these amending
regulations so that they could learn the true picture
of what the changes would mean?
-
My Lords, in the time available we have not been able,
as the noble Baroness will know, to consult SSAC, nor
have we been able to consult a large number of
different organisations; no doubt those consultations
will take place. What the two tribunal decisions
exposed, to go back to what I said earlier, was that
there was some confusion in the original directions. We
are seeking to put those back on the footing that
Parliament agreed a year or so ago, so that the matter
is clear and we can continue the support that is, and
has been, available at a very high level—at much higher
levels than it ever was available under DLA, as I made
clear in the original response.
-
(CB)
My Lords, have the Government conducted an impact
assessment of the social isolation caused by denying
enhanced-level PIP to people who would experience
overwhelming psychological distress if they had to
undertake a journey without someone to accompany them?
If this assessment has not been done, when will it be
and could it please be made available to this House?
-
Can I again make it clear to the House that we are not
in any way trying to suggest that people with any
particular condition should be deprived of PIP? As the
noble Baroness and the House will be aware, when we
brought in PIP the arrangements were much more generous
and reached far more people than DLA did in the past.
It is not any specific condition that is being looked
at here; people are not awarded PIP on the grounds of
any specific medical condition but because of the way
that particular impairment or medical condition affects
their ability to live an independent life. That is what
we are trying to do with PIP, or it is what we were
trying to do and want to try to get back to.
-
(Lab)
My Lords, it is not the case that PIP is more generous
than DLA. The Minister has only to consult the
information produced by Motability on the number of the
people losing cars to know that that is not a correct
statement. Let me go back to the substance: we all know
that DLA, followed by PIP, is not an income-replacement
benefit but an extra-costs benefit associated with
disability? What analysis have the Government made of
the extra costs facing people with mental health
problems, which would underpin their eligibility for
the points assessment in assessing the awards for PIP?
Given that there is not a clear answer, which I accept,
would it not be wise and prudent to refer it to the
Social Security Advisory Committee, whose job is
precisely to steer the Government in areas such as
this?
-
On the noble Baroness’s first point, I go back to what
I originally said: there are many more claimants on PIP
with mental health conditions who are claiming the
mobility component. It is 29% compared to the 9% who
were on DLA, which was not as good at reaching these
people as PIP is. As regards her second point, it was
right that, the decisions of the two tribunals having
been made, and complaints having being made by the
tribunals about a lack of clarity in the original
directions, or words to that effect, we should correct
those directions and get back to what Parliament
originally intended. That is what we are trying to do
and will do in these regulations.
-
(Con)
Can my noble friend the Minister give an update on what
the Government are doing to remove the stigma for many
people with mental health conditions, particularly those
in the workplace? Does he agree that it is particularly
important for people with mental health conditions to
stay in work and find it quickly if they are unemployed?
What is being done to support them in this way?
-
My Lords, PIP is just part of all that the DWP and the
rest of the Government are doing in this field. We
believe that we are reaching more people. We are
committed, as we made clear in our manifesto, to
increasing the number of disabled people in work, and
that includes those with mental health conditions. We are
also committed to narrowing the gap between employed
non-disabled people and employed disabled people, and
will continue to work in that area.
-
(CB)
The Minister may know that as many as 50% of people with
learning disabilities also have mental health problems,
which are often undiagnosed or overlooked. Has the
department looked at how the regulations will impact on
eligibility for PIP for those who have a dual diagnosis
of a learning disability and mental illness?
-
My Lords, the important thing to remember about PIP,
which is what we are discussing today, is that, as I made
clear in one of my earlier responses, we are looking not
at specific conditions but at how those specific
conditions or medical conditions affect their ability to
live an independent life and then, as the noble Baroness
said earlier, to make sure that the benefit goes to meet
their extra costs.
-
(Con)
Can the Minister confirm that this Government are
investing more in mental health than ever before?
-
My Lords, I can give that assurance. As I made quite
clear in my earlier remarks, we have seen a growth in the
support for people with disabilities and for those with
mental health problems. As I said, we spend something in
the region of £50 billion a year supporting people with
disabilities and health conditions, and we are investing
more in mental health than ever before.
-
(Lab)
My Lords, will these measures be retrospective? Will
those thousands of individuals who have undergone
reassessment for PIP, and are waiting for the mandatory
reconsideration, be judged on the old system or the new
system?
-
All those who are in receipt of PIP will continue to
receive PIP at the rates granted to them in the past.
There is no question of any individual losing out.
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