PARLIAMENTARY DEBATE
Personal Independence Payments - 4 June 2018 (Commons/Commons Chamber)

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on the withdrawal of her appeals in relation to personal independence payment claimants with chronic conditions, and what further action she will be taking.

Thank you for granting this urgent question, Mr Speaker.

The announcement during the recess that, for the second time this year, the Secretary of State has withdrawn appeals, this time on daily living activity 3 of the PIP assessment—the component on managing therapy or monitoring health conditions—raises serious questions. I would therefore be grateful to the Secretary of State if she told me now how many people she estimates have been incorrectly assessed on the PIP daily living activity 3 descriptor who have either been denied support or have had reduced support.

Will the Department be undertaking a review of past claims relating to this descriptor to identify other claimants who may have been underpaid or denied support? If so, when will the process start and be completed? I am grateful to the Secretary of State for her reassurance that it will take days. Will additional staff be recruited to undertake this process? What assessment has the Department made of the average award to which claimants will be entitled, and when will the payments be backdated to? Will there be an appeal process for PIP claimants who are not contacted by the Department who believe that they should receive back payments? What assessment has she made of the administrative and legal costs to her Department and the public purse?

Given the Secretary of State’s concession in these test cases, does she accept that the changes made in the March 2017 PIP regulations regarding activity 3 are illegal? Given also that there is a review of 1.6 million PIP cases to identify the estimated 220,000 people who have been underpaid with regard to the mobility activity component, will the Secretary of State tell the House how many of the 1.6 million PIP claims have been reviewed to date and when the exercise will be completed? How many of the estimated 220,000 people affected have received back payments to date?

With a record of 69% of PIP decisions being overturned on appeal, it is clear that the assessment process is not fit for purpose. The recent report by the Select Committee on Work and Pensions on the process said that the assessments caused unnecessary stress and anxiety for thousands of people who have been denied support unfairly, as well as wasting public money by sending many decisions back to the courts. When will the Secretary of State get a grip on PIP, and will she immediately stop the reassessment of disabled people with progressive conditions?

As the Secretary of State knows, I have written to her about a number of complaints that I have received from constituents about PIP. While it may not be completely on point with the question asked by the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), I would respectfully say to the Secretary of State that my concern is not about PIP, which is a very good benefit, but about Capita in my area and the assessments. I have a constituent with a severe brain injury, who is receiving DLA and other benefits. He was assessed for PIP and got a zero. He then went through the process and, rightly so, got the full amount. I would be happy to discuss that with my right hon. Friend or my hon. Friend the Minister for Disabled People, Health and Work, but we need to look at the assessments.

I call Marsha De Cordova. [Interruption.] Ah, there has been a change of personnel. I was advised that it would be the hon. Member for Battersea. Never mind, I call Margaret Greenwood.

Thank you, Mr Speaker. I congratulate my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) on securing this urgent question. I was disappointed to hear the Secretary of State be so dismissive of concerns that have been expressed by Members right across the House. For the second time this year, the Secretary of State has been forced to acknowledge that her Department has made a serious error in assessing claims for personal independence payments. The previous error resulted in potentially 220,000 people being underpaid PIP, causing misery that could and should have been avoided. The Secretary of State now admits a second error, this time relating to activity 3 of the daily living component, “Managing therapy or monitoring a health condition”. The Department has again got the law wrong on interpreting PIP descriptors, leading to perhaps thousands of disabled people not getting the crucial support that they need.

In January, when the DWP last admitted that there had been an error, my hon. Friend the Member for Battersea (Marsha De Cordova) asked the Minister for Disabled People, Health and Work a series of questions that should have been answered but still have not been. If anyone is to have confidence in the Department, the Secretary of State must now answer our questions.

How quickly will the Department be able to identify claimants? Will the Secretary of State publish her criteria for reviewing cases? Will she include the cases that did not originally score sufficient points? Exactly how many claimants have been wrongly assessed for PIP? What assessment has she made of the administrative cost to her Department of undertaking yet another complex exercise? Given that this is the second error in the Department’s interpretation of its own guidance to come to light in six months, what reason do disabled people have to believe that her Department is fit for purpose?

How many claimants will be affected by this decision, which I welcome? Will my right hon. Friend reassure the House that it will in no way impact on her sterling efforts to ensure that more disabled people find their way into work?

The credibility of this Department lies in tatters. The Secretary of State celebrates the fact that the Government are not appealing this decision, but the fact remains that they had to be dragged through the courts in the first place to be proven wrong.

I have some questions for the Secretary of State. Will she commit to ensuring that the money for the back payments does not come out of existing DWP budgets? When will the first payments be made and will they be fully backdated, so that nobody loses out? Why are decision makers making decisions as if the High Court case never happened? I have constituency cases in which people are being assessed under unlawful criteria and then forced into the appeals process, all of which delays payments to which they are fully entitled and means that they are living in poverty. When will new guidance be issued to Jobcentre Plus staff and claimants, because there is so much confusion out there that nobody is aware of what they are entitled to?

This Department is in no fit state to be undertaking the biggest shake-up of social security this country has ever seen. It is incompetent and failing the most vulnerable in our society, and the Secretary of State must do something about it.

How much money was spent on disability payments in 2010, how much is being spent today, how much will be spent in 2020, and when will the Secretary of State introduce recordings of PIP assessments?

The Secretary of State has acknowledged that the new benefits are available for a wider range of conditions, including neurological conditions and mental illness. What steps is she taking to ensure that the assessors are fully competent to make these judgments on the wider range of conditions?

It is important to put the urgent question and the comments from the Opposition in context. Will my right hon. Friend confirm that the Government are spending more than £50 billion on supporting sick and disabled people, and that we spend more in this country on supporting disabled people than any other country in the G7, barring Germany?

But the Secretary of State has been dragged to the House by an urgent question to talk about her decision not to pursue the appeal in these cases concerning activity 3 of the daily living component. She has very coyly failed completely to answer the question of how many people her decision affects. We know that 165 million people receive the component—[Interruption.] I mean 1.65 million—it is still a lot. Will she now answer: how many people are affected directly by the decision she took in the recess to withdraw the appeal, when will these people get the right amount of money and when will they be assured that they have not been illegally underpaid?

Will my right hon. Friend confirm that she is considering simplifying the PIP assessment forms to make the process of applying for the benefit less stressful for people?

This is not the only PIP case that the Government have lost. On 21 December 2017, the High Court ruled that PIP changes made earlier in the year had been “blatantly discriminatory” against people with mental health conditions, and “cannot be objectively justified”. However, six months later, there is still no confirmed timetable for the full implementation of the High Court’s judgment and the delivery of back payments to the people affected. Will the Secretary of State tell us today—six months on—when that High Court ruling will be implemented?

It is interesting to hear criticism of the decision not to carry on fighting with lawyers. It seems that some people would have preferred the Secretary of State to carry on and appeal against the ruling, wasting money on further legal challenge. Will she reassure me, however, that she is considering the recording of the PIP assessment process to provide quality assurance, and to ensure that the points raised by this case are taken up in future assessments?

I thank the Secretary of State for her statement. PIP applicants who are wards of court because, owing to brain injuries, they are unable to make any decisions for themselves must nevertheless go through the application process and are subject to house visits, although, according to the court, they cannot be allowed to make any financial or personal decisions. Is it not time that such people did not have to go through a process that clearly disadvantages them and causes considerable trauma and angst?

Will my right hon. Friend confirm that not only are more people able to claim PIP than were able to claim DLA, but satisfaction has risen, as has been proved by satisfaction surveys?

Perhaps the Secretary of State can also explain why brave service personnel suffering from chronic conditions, including PTSD, are being denied access to their PIP entitlements. I have been contacted by a litany of constituents in recent weeks and others supported by the Welsh Veterans Partnership, including my constituent Justin Smith, whose medical discharge documents have been refused by the DWP, while others have been unable to get through on phone lines or are being refused home visits, against DWP guidance. Can the Secretary of State explain what is going on in her Department?

Is there a formal review process in place for assessments that can be responsive to any trends or issues that might arise?

Mr Justice Mostyn in his ruling on Motability, which the Government also accepted, said of the 2017 regulations:

“The wish to save nearly £1 billion at the expense of those with mental health impairments is not a reasonable foundation for passing this measure.”

The Secretary of State has made a welcome second U-turn, so do the Government recognise that not cutting corporation tax might have been a fairer and more honourable way of balancing the books?

I welcome the Secretary of State’s announcement today because I do not believe that fighting these cases in court is in the long-term benefit of anyone in this country, so I congratulate her on that. Clearly any of these PIP assessments can be incredibly stressful for our constituents and the system must react when mistakes have been made or situations are difficult. But anecdotally what I am hearing, especially from people with degenerative diseases like MS, is that the PIP system is working better than DLA. Many statistics have been bandied around today, but one statistic is that 30% rather than 15% are now getting the top level of benefit, and that is making a real difference to many individual lives. Can my right hon. Friend confirm today whether the number of assessment appeals is going up or down and whether the percentage of those being accepted as against those being rejected is going up or down?

The Secretary of State has failed to say how many people can expect their PIP to be restored as a consequence of this appeal; she said that it will be the two people involved in the two cases mentioned. Will she undertake to come back and make a statement to this House when she has had a chance to research that and tell us which of our constituents can expect to have their PIP reinstated and how many are involved?

Order.

Order. The Government are a party to the case, and I am advised that, strictly speaking, the case is not sub judice—[Interruption.] Order. There seems to be a lot of noise and all sorts of naysaying and unattractive chuntering from a sedentary position. If the Secretary of State wished to go beyond the narrow terms of the urgent question, especially in view of the fact that its wording refers to “further action” by the Government, the Chair would not wish to stand in her way. It is a matter for her to judge. However, there is no need for this cacophony from a sedentary position. It is really rather unseemly, and I feel sure that it will now cease.

I call the good doctor: Doctor Philippa Whitford.

Thank you, Mr Speaker. As has been mentioned, it is six months since the Government agreed to change the position of people suffering from mental health issues not being awarded mobility support. I too have several veterans suffering from PTSD, including one particularly tragic case of a young man who was involved in two explosions on his patrol, where he was covered in blood, diesel and body parts. He has had to sell his car, but he cannot face getting on a bus because the stench of diesel brings on flashbacks. His application for mobility support was turned down. When will the Government bring in the changes and the new guidance so that people can get a fair assessment?

PIP is of course a valuable benefit payment, but will my right hon. Friend confirm that the Government are working to ensure that a further 1 million disabled people end up in work?

I chair two all-party parliamentary groups: on motor neurone disease and on Parkinson’s. Research conducted by the groups, in conjunction with the charities, on the transition from DLA to PIP has shown that 25% of people with motor neurone disease—a progressive, degenerative, life-ending condition—had a reduction when transitioning to PIP. It also showed that 25% of those with Parkinson’s lost some or all of their benefit, but that 70% of those people had it returned on appeal. How can the Secretary of State say that the system is working when this disaster is being faced by very ill people?

If the hon. Gentleman can assure me that he was here at the start of the exchanges, it would be a great pleasure to hear from him.

I was here 10 minutes before questions finished.

Excellent. I look forward to hearing from the hon. Gentleman.

It is good that my right hon. Friend can be answering for two individual claimants and that she has given the background about the increase in disability spending. May I also say, “Thank you,” for saying that we can refer to individual cases? I have a victim of the infected blood scandal who is being asked to attend an assessment, but I do not think that an ordinary PIP assessor will actually understand what that person has been through for the past 20 or 30 years. Some such things need to be dealt with far more sympathetically and appropriately.

I have spoken to countless constituents who are completely petrified by the PIP process, which causes debilitating stress and anxiety that, in some cases, compounds the effects of their existing condition. When will the Secretary of State go back to the drawing board and come up with a benefit that represents a more humane method of supporting those who need it the most?

I may have studied for my law degree a long time ago, but I certainly remember that a case is no longer ongoing when an appeal is withdrawn by one of the parties.

Would the Secretary of State like to explain why so many victims of the contaminated blood scandal who received DLA for life are now being refused the support that they so badly need under PIP?

On Friday, a constituent told me that when they received their PIP assessment it did not reflect the truth of the conversation that they had had with the assessor. That happens too often to be just coincidence. What is the Department doing to get proper quality assurance in place, so that we do not have constituents coming forward with the same tale again and again?

On Friday a constituent came to my surgery. It was quite obvious, and he explained to me, that he struggles to function due to a combination of excruciating pain in his shoulders and the severe and heavy pain medication he is on, yet he got zero points for mobility and lost his appeal. Hopefully there is a chink of light at the end of the tunnel for him, but what comfort does the Secretary of State think he will get from her standing and bragging that the Government have not appealed, that more money is being spent and that more people missed out on DLA, because that is not helping my constituent?

The Secretary of State suggests that PIP is more generous than DLA. Can she confirm that the Department’s analysis shows that, once it is fully rolled out, PIP will support 500,000 fewer disabled people than DLA? Can she conform that, six months after the Government admitted that a previous mistake on assessments affected 220,000 disabled people, not one of those disabled people is receiving the full benefit to which they are lawfully entitled?

Why does it take the DWP to be staring down the barrel of losing a case in court for it to admit that it is unfairly and illegally penalising disabled people? What will the Secretary of State do to ensure that no further cases have to progress this far, with all the consequent suffering and expense to the taxpayer?

Following on from those assertions, is the Secretary of State actually telling Parliament that her decision in these cases was not influenced in any way by any legal advice she may have had on the likelihood of losing had the cases gone the full course?