Personal Independence Payments: Merseyside

[Sir Edward Leigh in the Chair]

I beg to move,

That this House has considered the administration of personal independence payments on Merseyside.

It is a pleasure to serve under your chairmanship, Sir Edward. I welcome the Minister, who has been, though is not at present, the Minister for Disabled People. As a former Minister for Disabled People myself—I served for an entire Parliament, in fact—I am grateful for this opportunity to highlight a worrying deterioration that I have noticed in the administration of disability benefits in my constituency.

Personal independence payment is meant to help people with the extra costs of disability, and is payable regardless of income. None the less, many sick and disabled people who apply for it and receive it are often unable to work, tend to be poor and find it difficult to make ends meet. Many have chronic fluctuating conditions, and are very ill or very disabled. PIP is therefore usually, in my experience, an essential component of enabling people in such situations to live a decent and dignified life. It is a crucial benefit, which is all the more reason to get it swiftly and correctly to those who are entitled to it.

According to the House of Commons Library, since 2010 some £4.8 billion has been cut from disability benefit. Indeed, the introduction of PIP and the replacement of disability living allowance, its predecessor benefit, was intended from the start to cut entitlement to make it less generous, and to create monetary savings in the escalating cost of DLA. The expected savings of £3 billion a year have not materialised, but the Tory Minister in the Lib Dem-Tory coalition who introduced the benefit in 2013 said that PIP would be

“easier to understand and administer, financially sustainable and more objective.”—[Official Report, 13 December 2012; Vol. 555, c. 463.]

“Financially sustainable” means, in this context, cheaper in terms of the overall spend. That means cutting entitlement and awards when we get down to the circumstances of individuals.

Since PIP’s inception, administrative problems have been to the fore. In its first seven months, only 16% of the targets for resolving claims were met. The National Audit Office was critical, suggesting that the Department for Work and Pensions should

“set out a clear plan for informing claimants about the likely delays they will experience”.

I wish it had, because my constituents are increasingly experiencing delays, and I do not see any plan to stop them. Ever since PIP was introduced, constituents have complained to me about the way in which they have been treated when being assessed, the delays in the process of administering it, and subsequent reconsiderations and appeals. Whatever the outcome of the original assessment, it is hard to find people who are satisfied with the administration of the benefit.

Recently I have noticed that things are worsening. For the previous two years, until last December, I had a stable, steady number of cases coming through, spread over the months. I have been able to help with some cases and not others, but the flow has been pretty steady. However, during the first three months of this year my office has faced a threefold increase in complaints about PIP, and some of the circumstances my constituents relate to me are simply horrendous.

There are a set of different problems. For example, I hear about inappropriate questions at assessment, so that when people are disqualified from the benefit they consider the process completely unfair. Asking somebody who is debilitated by mental illness whether they can pick something up off the floor just does not seem relevant to that individual. In my experience, home assessments are rarely allowed, and when people cannot attend, usually for genuine reasons, they are simply disallowed the benefit.

I have one constituent who has been trying since December 2017 to be assessed. He has been refused, despite many debilitating conditions, including severe schizophrenia, bipolar disorder and chronic obstructive pulmonary disease. There are physical and mental reasons why he cannot attend an assessment centre, but PIP administrators simply will not attend him at home. He has been unable to get to the 11 face-to-face interview assessments he has been set. Consequently, his last DLA payment, which was received in the middle of last year, has long since expired.

My constituent has lost employment and support allowance as a consequence. He has now lost almost £5,000 of income, and is financially reliant on his extremely elderly and disabled mother for the basics—all because he cannot get to an assessment. Why on earth can they not assess him at home? It is ridiculous that he has been asked to attend 11 times when he clearly has problems doing so. Why can we not have some common sense?

In addition, there are poor assessments and a poor attitude from assessors. My constituents report that they are often simply not believed. Some feel sneered at, and some are right to feel that way, from the accounts that I have heard. Inaccuracies in medical assessments mean that sometimes the reports that are produced end up bearing no resemblance whatever to what has been said at the face-to-face interview, and my constituents tell me that they feel as if a completely different case and person has been reported on.

May I reflect on the hon. Lady’s opinions regarding PIP? I am very involved in this matter in my constituency back home, with the changes that there have been. Does the hon. Lady feel, as I always have, that it is important that the assessor or officer who comes out to visit the person in their home, or takes them to an office for interview, has knowledge of the medical circumstances of that person? Also, when it comes to mental and emotional issues, does she agree that it is important to have someone there to support the person being assessed—perhaps as a witness as much as anything?

I agree with both those points. A lack of understanding and basic common decency sometimes seems to creep into these assessments.

I also have vulnerable constituents who are being prevented from getting help in explaining their situation to assessors. For example, I have a constituent who has a brain stem tumour, among other physical conditions. Perhaps not surprisingly, her mother was with her at the assessment. However, she was told that her mother could not answer any questions for her, despite the fact that my constituent has significant difficulty in processing information because of her condition. That goes completely against the PIP assessment guidance, which says that

“companions may play an active role in helping claimants answer questions”.

I have constituents who were prevented from having that kind of help and, perhaps not surprisingly, thereafter had their PIP stopped because it was felt that they had not answered the questions appropriately.

There are extremely long delays in assessments, reconsiderations and particularly tribunal dates for appeals. It is hard to justify the fact that the average waiting time for PIP is now 15 weeks. That is almost four months. It is completely unacceptable to make disabled people, who rely on that money to make their lives a little easier, wait so long for a first payment.

Reconsiderations are a necessary step to be gone through, but they almost never overturn the original decision. In my recent experience, I have not come across a single case in which that has happened, even when it is blindingly obvious that that is the point at which what has gone wrong can be put right with the least possible damage. Surely the purpose of the reconsideration stage is to apply a little common sense, but these days it just seems to be a way of wasting another two or three months, during which the individual does not get their benefit.

I am quite moved by what the hon. Lady says. Many of us know of people in similar circumstances. At my constituency office, three people in 10 days came to see us who had fallen off the radar—no one knew about them. Their issues were clearly mental and emotional. Does the hon. Lady feel that someone in the benefits system should be following up on people who have been refused benefits? That would be a method of finding out what is happening to those people.

The hon. Gentleman is correct. One would have thought that the reconsideration would introduce an element of plain good sense, but it does not seem to be working in that way at present. There is a general issue with how the debility caused by mental ill health is not well recognised or sympathetically dealt with in the system. People who are debilitated with mental ill health often find it even harder than people who have physical disabilities to face up to filling in the forms and getting themselves organised to get some help, so they are even more vulnerable.

PIP has less generous criteria for its mobility component than DLA, because it is designed to save money: people are required to be less able to walk than under the older benefit system. Because PIP is the gateway to one of the world’s most innovative and practical disability entitlements —the world-leading Motability scheme, one of the best things that makes disabled people’s lives easier—problems in its administration hit recipients particularly hard. For many of my disabled constituents, access to a Motability car is a lifeline—it makes their lives liveable—yet in the last two years, the DWP’s own figures show that 44% of people who were getting the higher rate mobility component under DLA lost their entitlement under PIP. Of those who are being reassessed from the DLA higher rate mobility component to PIP, only 53% got the equivalent of the enhanced rate. The other half either got the lower rate, and therefore lost their car, or got no mobility component at all.

People naturally appeal when they lose so much, and they are entitled to do so. PIP appeals accounted for 52% of all social security and child support tribunal receipts, and 73% of PIP appeals succeeded. Too many people who should appeal do not; they put up with the loss of income and the hardship because they cannot cope with the process. For people who first joined the Motability scheme before 2012, the car has to go back once the benefit has been gone for 26 weeks. However, the average wait for a tribunal on Merseyside is nine months, which means that people’s cars have to go back even if they win the tribunal, as 75% of them do. What is the point of taking away a disabled person’s car only to give it back again? Is it any wonder that people feel messed around? They have been messed around. I have a number of cases where people have quite wrongly lost their Motability car. When they finally get to appeal, they get it back. Why mess them around in the first place?

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Garston and Halewood (Maria Eagle) on a powerful and passionate opening speech. She has addressed the injustices and spoken up on behalf of her constituents. We know that disabled people and those with long-term health conditions are much more likely to live in income poverty and significantly less likely to be in employment, and that they face barriers to participating in wider society and therefore to being able to lead active and independent lives. Personal independent payments and their predecessor, the disability living allowance, can be a lifeline for disabled people and their families, but, as my hon. Friend set out, all too often our constituents come to us in a state of great distress, having encountered an array of difficulties during both the application and assessment process for PIP.

The feedback from my constituents and from organisations working in my constituency is much the same as that set out so fully by my hon. Friend. Claimants say they have little trust in the application process; they find it unfriendly, distressing and opaque. They experience difficulties completing the application forms and understanding the basis on which they are being assessed. Many say that the staff conducting the assessments for Atos and Capita frequently lack the expertise to make accurate decisions on claims involving a wide range of mental and physical health conditions. Claimants often find that their assessment reports include basic factual errors and omit relevant details, and they are therefore ultimately a misrepresentation of the assessment.

I want to highlight the case of a constituent who has schizophrenia and a personality disorder. She struggles with every aspect of daily life, including maintaining her tenancy and her home, paying essential bills and maintaining a relationship with her son, who is in care. Because of paranoia and panic attacks, she is not able to use public transport, but she is physically healthy. In her assessment, she was able to perform activities such as standing up from a chair and touching her toes, and she also told the assessor that she occasionally went jogging to support her mental health. As a result, she was awarded nil points. She was also refused PIP at the mandatory reconsideration stage. My experience of reconsideration is much the same as that of my hon. Friend—very few receive a reconsideration that results in a different decision.

It is a pleasure to be here, although I wish we did not have to discuss this extremely difficult issue. I pay tribute to my sister and hon. Friend the Member for Garston and Halewood (Maria Eagle) and other colleagues who are here to talk about this important issue. I want to spend a bit of time relating what is happening with personal independence payments on the other side of the River Mersey, on the Wirral. For the Minister’s interest, I will mention five cases. I will give him a letter with the more important details, and I hope that he will help me to deal with the three that are outstanding.

Wallasey is 25th in the table of PIP cases and our authority, Wirral Council, is 22nd out of 380 local authorities for volume of such cases. Within Wallasey, what are known as psychiatric disorders were the most common reason for claiming PIP, which is why I associate myself with all the points made so far by my hon. Friends on how cruel and disruptive the stress people are put through when making claims is. Psychiatric disorders include anxiety and depression, learning disabilities and autism, and 36% of people who make claims for PIP in Wallasey belong to that group. The system should take much more account of the effects that the process is likely to have on those who are already suffering from mental illness or depression, or who have learning disabilities that mean they cannot—even with the best will in the world—operate effectively in the kind of system that the Government’s PIP reforms have placed them in.

The second most common reason for awards was musculoskeletal disease in general, which includes osteoarthritis, inflammatory arthritis and chronic pain syndrome. In Wallasey, waits at the Birkenhead tribunal were 33 weeks, but as of two weeks ago that had risen to 38 weeks—that is nearly 10 months, on average, to get a re-assessment and an appeal. Some 73% of appeals found in favour of the claimant by the end of last year. That is what the statistics say. Once more, we see the same pattern of extremely and unacceptably high, and increasing, waits for access to tribunals. It is close to a three-quarters success rate for people who appeal. I join my hon. Friends the Members for Garston and Halewood and for Liverpool, West Derby (Stephen Twigg) in saying that we worry about those who do not make claims, do not come to see us at our advice surgeries, and are suffering an often catastrophic loss of income in silence when we can see that they might well be entitled to support from the PIP benefit.

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Garston and Halewood (Maria Eagle) on securing this important debate, and I agree with all the comments that she made. The situations recounted by my hon. Friends who have spoken today echo the experience of my constituents.

My constituents’ experience of PIP is marked by gross unfairness and sometimes blatant deception. The assessment system itself is not fit for purpose, and there are too many examples of clear disregard for claimants. Sometimes, reports do not reflect the interviews that have taken place. I want to highlight the experience of my constituent, Mr A, a highly intelligent man who has undertaken skilled work over many years, despite a long-term and permanent disability caused by serious illness in early childhood. He has faced many operations. His Motability car makes it possible for him to work. It is his lifeline.

My constituent’s PIP assessment sought to remove his enhanced mobility benefit, which meant that his Motability car would be withdrawn, resulting in the loss of his employment. The decision was reached five years after his previous award, although he had been informed that it would not be revisited for 10 years, in view of the ongoing nature of his disability. He was distraught. At his mandatory reconsideration he was unsuccessful, and I supported him in pursuing his case to a tribunal. In preparing for that, my constituent uncovered evidence that the report submitted by Atos for the mandatory reconsideration was not an accurate record. Indeed, it was fabricated. It was simply an exercise in cutting and pasting from the earlier failed assessment. No separate examination had taken place.

Confronted with that clear evidence, the DWP withdrew its threat to remove Mr A’s car, reinstated his enhanced mobility award and restored the original commitment to a 10-year assessment period, in view of the ongoing permanent nature of his disability. The tribunal was cancelled. I was delighted with that result, but I was, and remain, appalled by my constituent’s experience and by the knowledge that he was put under such stress. I was outraged to hear that the report that was to decide about his future and his health was simply made up. It is disgraceful that that could have happened, and it was only my constituent’s diligence that unearthed it.

I congratulate my hon. Friend the Member for Garston and Halewood (Maria Eagle) on securing the debate, and on her speech.

Personal independence payment has been debated in this House on many occasions. Members have highlighted their constituents’ experiences and the failings of the system in their constituencies. The fact that we are here today yet again highlighting the failures of the PIP system and the resulting impact on our constituents speaks volumes about the Government’s inaction on the issue. We already know that there are too many people being denied the support that they need. We need only look at the figure of 28,000 mandatory reconsiderations of benefit decisions taken by the DWP, or the fact that the Ministry of Justice cleared nearly 21,000 benefit appeals in the quarter leading to December 2018. The figures for mandatory reconsiderations and appeals are even more staggering when we consider the rates of success: 89% of mandatory reconsiderations in January 2019 led to a change in the DWP’s original decision, and 73% of appeals were decided in favour of the claimant in the quarter leading to December 2018. It is clear that people are being denied the support that they need, not because of their own actions but because of a systematic failure at the heart of the Government’s welfare reforms. The success of claimants in challenging the decisions taken by the DWP highlights that clearly.

As I have said, the Government’s inaction is shameful and impacts negatively on the lives of ordinary people every day. There have been repeated calls for action, from charities, third sector organisations, parliamentarians, claimants and even the United Nations. The Select Committee on Work and Pensions made some key recommendations in its 2018 report on PIP and employment and support allowance assessments, including that face-to-face assessments should be recorded, and that claimants should be provided with a copy of the assessor’s report. Another recommendation related to using contractual levers to improve contractor performance. Yet claimants are still being denied access to assessors’ reports and most assessments pass with no record of the proceedings. Private companies such as Atos that hold contracts for PIP and ESA assessments in both Scotland and Merseyside continue to make profits while denying vital support to claimants.

I am pleased that there is now a commitment that the next Labour Government will ban the outsourcing of public services for vulnerable people to companies such as Atos. We should be looking after the vulnerable, not penalising them so that private companies can turn a profit. In preparation for the debate, I looked at the statistics produced by the Library about the administration of PIP on Merseyside. I was struck by how much the Merseyside situation resembles that in my constituency. Liverpool Walton, Birkenhead and Knowsley all have higher PIP claimant rates than most constituencies and the overall rate for Merseyside is higher at 7.1% than the UK rate of 4.4%. The figure of 5,040 PIP claimants in Coatbridge, Chryston and Bellshill contrasts sharply to the 3,700 average per Scottish constituency. A majority of PIP claimants in Merseyside were reassessed from disability living allowance, as were a significant proportion of claimants—46%—in my constituency. In Merseyside, the percentage of awards decreased following reassessment is higher than the national average, and that is also true of the rate in Coatbridge, Chryston and Bellshill, compared with the Scottish average. We are twin towns. It is clear that the people of Merseyside are, just like my constituents, being let down by the Government. The next Labour Government will end unfair PIP assessments and invest in proper support for vulnerable people across the country.

Order. We must relate the debate to Merseyside at all times.

It is still related to Merseyside, Sir Edward. The point I am trying to make is that the Merseyside connection is the same as the Scottish connection. We can see that there are no Tory or Scottish National party MPs here to stand up for their constituents as I am doing. There is a twin connection between Scotland and Merseyside. In 2024 the SNP will get that administration of benefits—but they have rejected it just now.