PARLIAMENTARY DEBATE
Children and Young People with Cancer - 8 January 2025 (Commons/Westminster Hall)
Debate Detail
That this House has considered the matter of welfare for children and young people with cancer.
It is a pleasure to serve under your chairship, Mrs Lewell-Buck, and to discuss an issue that is important to me. As a society we are aware of the cost that cancer has on our lives: it deprives us of a future with our loved ones; it leaves us tormented with constant hospital visits; it forces an anxiety on us about what will happen next; and it causes us relentless emotional, physical and mental pain. It is a pain that does not go away, even when the cancer does.
I regret, however, that society fails to understand the literal costs of having cancer not just to us as individuals but to children, young people and their families. Lest we forget the cruel reality of cancer for young patients, which is often different from that of adults, the cancers that they experience are often faster-growing, less common, have unique emotional and mental health impacts, and have significant long-term treatment effects. The support that they require is therefore quite distinct, and has specific financial implications that make it especially hard.
Cancer does not have the decency to allow people to consider the implications of what happens next, but instead forces people to immediately start spending more. For example, it adds £250 extra a month on travel to hospital, £144 extra on food, often due to specialist requirements and extra hygiene caution, and £68 extra on energy to ensure that the home is always warm and clean, due to young cancer patients being immunocompromised. Those examples and many more all take place from day one.
I hope I have made it clear that the costs are overwhelming; and yet the existing support from the Government is woefully lacking. I would go as far as to say it is downright cruel. Disability benefits are vital for children and young people with cancer because of the costs associated with diagnosis. They come in the form of personal independence payments, disability living allowance and, subsequently, carer’s allowance. Despite those benefits’ being so crucial and the effects of cancer being so immediate, children and young people face a three-month qualifying period before they can claim PIP or DLA. I would just like to repeat that: children and young people are subject to a three-month qualifying period, which for most is from the point of diagnosis, before they can access support.
The very purpose of welfare or social security is to deliver support for the most vulnerable. Young cancer patients go through some of the toughest, unimaginable pain—pain that even I, as a cancer survivor, could not contemplate. They do it with perseverance, with diligence, and somehow they do it with hope.
Tragically, some families lose their child to cancer. To be told at the start of that journey through hell that patients and families need to wait three months before applying for vitally needed funds is simply inexplicable. The evidence shows that the costs are immediate, and yet patients and families are deprived of support that they urgently need from day one. Can the Minister please clarify why it is necessary to have a three-month qualifying period? Can he explicitly put it on the record whether he thinks that that is appropriate in the case of children and young people with cancer? Alternatively, could he please publish the advice from civil servants that are insisting on the three-month qualifying period?
The argument has to be made that the impact of a condition needs to be evidenced for three months before DLA or PIP can be provided to avoid benefit fraud, but it is very clearly established that children and young people with cancer will be significantly impacted by their cancer from the start, even before it is diagnosed. Surely a confirmed medical diagnosis is enough. The Minister may claim that someone with cancer might have been impacted by the condition before their diagnosis was given and therefore their qualifying period will have begun prior to diagnosis. However, experts make it clear that until the diagnosis is given, it is almost impossible for children and young people to know that they have a serious condition that qualifies them for benefits and to evidence the impact. The diagnosis is key. That is simply the reality.
In the experience of charities that I have talked to, children and young people who apply for disability benefits are nearly always successful. Very, very few are rejected at the point of initial application or subsequent appeal. However, I recognise that it may be concluded that that is anecdotal. Therefore it would be incredibly helpful if the Minister could confirm that the majority of children and young people with cancer are successful in their applications for PIP and DLA and that very few, if any, are rejected for benefits. If he could provide the precise statistics, I would be very grateful.
Research also shows that once the three-month qualifying period has concluded, there are significant delays in applications’ being processed after they are submitted. This period currently sits at up to 20 weeks. The qualifying period and these additional delays are leaving children and young people without benefits support for several months. For the application processing, the benefits can be backdated, but only to the point of application rather than diagnosis. That leaves people missing out on benefits support for the first three months of their illness. Based on data from Young Lives vs Cancer, it concludes that children and young people with cancer and their families will have incurred additional costs of on average £2,100 before they can even apply for any benefit.
One family supported by Young Lives vs Cancer received their first DLA payment only in January, after their child was diagnosed in July. In another case, a delay of four months from the start of a DLA application meant that a young cancer patient’s mother was left with no financial support, because her statutory sick pay ended before the DLA started. How the Government expect people to manage with those extra costs is beyond me.
This is the very worst form of bureaucratic inflexibility, and it leads to some people not applying for benefits because they see a system stacked against them, quite apart from the burden of applying during the most disruptive time of their lives. People are not going to prioritise form filling when they or their child needs radiotherapy. The process takes so long that sometimes children and young people have either finished their treatment or, most concerningly, passed away before the benefits have been awarded. A child being treated in Leicester sadly died before a DLA decision was made, leaving their family to go through the challenging conversation of wanting the claim form still to be reviewed because the family were owed a back payment. That is unacceptable.
The Minister responded to a parliamentary question by arguing that those nearing the end of life can apply for special rules. However, this simply does not work very well, because situations can change quickly and some who are not terminally ill can rapidly deteriorate. Some may still receive potentially curative treatment even if the risk of death is high, or some may wish not to know their prognosis. The Minister needs to urgently assess the benefits of changing to a medical evidence-based eligibility for these patients.
There is a precedent for medical evidence being used to expedite access to benefits. The existing special rules process for those with terminal illness definitions means that they do not need to meet the three-month qualifying period with medical evidence. That principle should be applied to all children and young people with cancer, to facilitate immediate access to benefits.
I want to ask the Minister if, as per the principles of the existing special rules process, he will consider using medical diagnosis to allow children and young people with cancer to apply for benefits as soon as their diagnosis is confirmed. Does he also recognise that the special rules process in its current form is flawed? One young person treated in London was awarded DLA only a few weeks before they sadly died, despite using the special rules process, which should have expedited their benefits. The stress placed on their family was significant.
I pay tribute to the campaign of Ceri and Frances Menai-Davis to establish Hugh’s law, in the name of their six-year-old son, who tragically died from a rare form of cancer. Their story is heartbreaking, but is unfortunately a common reality for parents who are forced into darkness. At one of the lowest moments in their life, with the Government looking away from them, support is a struggle to access, rather than a guarantee. I personally endorse the objectives of Hugh’s law: for financial aid to be granted to the parents of chronically sick children from day one and for the removal of the three-month qualifying period, which Young Lives vs Cancer has also called for. Its research is right that, for a very small cost, the Government could transform the lives of thousands by delivering parents a limited-time, non-means-tested benefit to cope as their lives completely change.
I met Ceri on Monday to discuss her campaign, and I attended the Hugh’s law event today on the Terrace pavilion. Hearing directly about people’s lived experience and from experts at that event reinforced why we urgently need change. Does the Minister support Ceri and Frances’s campaign for Hugh’s law? If not, will he explain why?
PIP and DLA are not the only benefits to be severely delayed by a system that does not work. Carers can apply for carers’ allowance and other associated carer support only once PIP and DLA have been approved for the young cancer patient they are caring for. That means that carers may be caring for many months before they can apply for carers’ benefits and get what they are entitled to.
I could continue. There exists a loophole in universal credit whereby young people who are at university when they are diagnosed with cancer and then defer their course, with the aim of restarting it when they finish treatment, are not entitled to student finance because they are not actively attending university. However, they not entitled to universal credit either because they are still classed as “in education”. Students should not be forced to totally drop out and start university from the beginning. To state the obvious, a cancer diagnosis is not their fault, and forcing them to disrupt their lives even further is completely pointless. Will the Minister look at the broader welfare support system in relation to children and young people with cancer, in co-operation with expert charities, to close other loopholes and ensure that the full package of support meets their needs?
There are too many points to raise in just one debate, but I would like to conclude on a slightly more optimistic note, following the confirmation from the Department of Health and Social Care that the children and young people cancer taskforce will be launched this year, and that it will seek to identify ways to improve the experience and outcomes for children and young people with cancer. Although I await the specifics of the relaunch of the taskforce, the principles are of good intention. I know that the hon. Member for Gosport (Dame Caroline Dinenage) has been an incredible champion of this project. Will the Minister work with the Department of Health and Social Care to ensure that the children and young people cancer taskforce looks at psychosocial support, which is something I could not address in my speech, along with welfare. Will he also make representations to the Health Minister to ensure that this new body links appropriately with the long-term cancer strategy for England?
I welcome this debate, as well as the speech that the hon. Member for Wokingham (Clive Jones) made and the consistent attention he has paid to this issue since he was elected last year. I also welcome what all the others who have spoken in this debate have said. There is a lot that I would like to say in response, but unfortunately I have only four or five minutes in which to say it. I will have to cut my remarks rather short, so I might need to write to the hon. Gentleman with some of my responses, rather than putting them on the record now. However, I am glad that he has drawn attention to the fact that the Secretary of State has said he is reinstating that taskforce in our 10-year plan for the NHS, within which he has made it clear that he wants a separate cancer plan. It will be very helpful for the children and young people cancer taskforce to focus on identifying ways to include outcomes for this particular group of patients.
The debate has focused on the contribution of the social security system in supporting families of children and young people with cancer through the disability living allowance for children aged under 16 and the personal independence payment for those who are 16 or above. Those benefits are available if a child or young person’s condition or illness is long term and gives rise to care, daily living or mobility needs. The benefits contribute to the extra costs arising as a result of a disability or health condition. I will not claim that the support meets all the costs, as that would be incorrect, but they are a contribution—that is intention behind them.
The assessment for those benefits is based on the needs of the individual rather than on the condition, and many with cancer are eligible. The highest level of benefits can mean an extra £9,500 a year tax-free—the order of magnitude that the hon. Gentleman refers to. The benefit is usually paid to the parent of the child, and so can help with overall family finances, as they see fit. We are currently supporting about 3,000 children under 16 and 2,000 young people between 16 and 24 with cancer, with an average award of around £155 per week.
The qualifying period is there to distinguish between a short-term and long-term condition. It is not about fraud, as the hon. Member for Wokingham suggested might be the case; it is there to make that distinction, and it is quite an important part of the eligibility process for benefits. I am not able to announce a big change in that. Of course, we will keep these things under review. I have met the campaigners, and we will certainly listen to representations that come forward—
Motion lapsed (Standing Order No. 10(6)).
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