HANSARD
Social Security (Special Rules for End of Life) Bill [Lords]
- Proceedings resumed (Order, this day)
- Considered in Committee
- [Dame Eleanor Laing in the Chair]
- Just before we begin proceedings in Committee, may I add to the many statements that have been made this afternoon? The whole House, my constituents in Epping Forest and, indeed, everyone throughout the country is thinking of Her Majesty and the royal family. Our hearts go out to them.Clause 1Rules to apply where death expected within 12 monthsQuestion proposed, That the clause stand part of the Bill.
- With this it will be convenient to discuss the following:Government amendment 1.Clause 2 stand part.New clause 1—Impact and policy review—“(1) The Secretary of State must conduct a review of the effectiveness of this Act.(2) Before commencing the review, the Secretary of State must consult the Scottish Ministers, the Welsh Ministers or the Northern Ireland department on the terms of reference for the review and on the appointment of a person to conduct the review.(3) The review must consider the findings from the evaluation of the special rules for terminal illness process published by the Department for Work and Pensions in July 2021.(4) The review must in particular take into account the impact of this Act on—(a) the quality of life and experience of poverty of the recipients of the relevant benefits,(b) the well-being of carers and dependants of the recipients of the relevant benefits,(c) the clinical care of the recipients of the relevant benefits, and(d) the level of take-up of the relevant benefits.(5) The review may consider and make recommendations for further provision in relation to financial support for people approaching the end of their life (where death can reasonably be expected within the next 12 months), such as bringing forward the date of eligibility for an individual’s state pension to align with the date from when the special rules apply to that individual.(6) The final report of the review must take account of any contribution made to the review by or on behalf of the Scottish Ministers, the Welsh Ministers or the Northern Ireland department.
- 3:52 pm
- I understand that the hon. Member for Glasgow North (Patrick Grady) does not intend to press new clause 1, yet it raises the significant issue of renewing the policy, so I will address it.The Government introduced this Bill following extensive engagement with clinicians, patient groups and others on the support provided to those whose life is coming to an end. As the Committee knows, this engagement began in 2019. The Bill’s change to extend eligibility under the special rules from six months to 12 months was strongly supported during the evaluation. There was significant support from clinicians for a 12-month approach because they feel it is important to align the definition of “end of life” in the benefits system with the definition used in the NHS.The DWP has engaged extensively with the devolved Administrations on the changes proposed in this Bill. In particular, the Department is in close contact with the Scottish Government to ensure that Scottish people who are nearing the end of their life and looking to access benefits through the special rules are supported by the DWP for reserved benefits, and by the Scottish Government as they continue to roll out their replacement disability benefits. I do not know whether the hon. Member for Glasgow North was here to hear the Secretary of State’s answer on the Department’s engagement with the Scottish Government. As a very new Minister, it is probably better that I defer to her experience of this matter. I very much agree with what she said a little earlier.The Department also worked closely with the Department for Communities in Northern Ireland during the evaluation to ensure that the experience of people nearing the end of their lives in Northern Ireland was properly captured. The Department for Communities has already implemented the 12-month change, and both Departments continue to work together to ensure that the principle of parity is maintained across both social security systems.
- Will the Minister also formally write to her Scottish counterparts and mirror the request, asking that they formally review their efforts and consider the weight of evidence that supports our changes to seek parity?
- That sounds like a very sensible suggestion from the former Minister, and if I am charged with this policy area when departmental briefs are fully worked out, I will ensure that I keep up a close dialogue with the Scottish Government on how the two systems are working, both separately and together.We will also continue to work with the Department of Health and Social Care to assess the impact of these changes on the end of life care provided by the health and social care system as a whole. If at any time a more comprehensive evaluation of the policy is required, we will, of course, commission one, as we did in 2019. The Government want to do all they can to alleviate the pressures on those nearing the end of their lives, and on their families. Our priority is providing people with financial support quickly and compassionately. We are determined to ensure that people have certainty about when they can expect to receive their state pension and that the state pension system is fair to future generations. I hope that this answer has helped to address some of the questions that the hon. Member for Glasgow North may have had, and I understand that he does not intend to press his amendment.
- May I support and associate myself with the comments made by the Leader of the Opposition about how we are thinking about the royal family at this difficult time?I have already outlined our support for this Bill and highlighted several areas in which I believe the House seeks further clarification. I thank the Minister for her responses on some of those, and I look forward to further clarification. As we consider the next stage of the Bill, I would like to share a few case studies from people whose lives have been impacted by the rules, so that we can consider this issue more fully. I also wish to thank Marie Curie for highlighting these cases.The first case is that of Lorraine Cox from Enniskillen in Northern Ireland. When Lorraine was diagnosed with motor neurone disease in 2018, she applied for personal independence payment to help mitigate the impact the disease was having on her daily life. Sadly, to her shock, her claim was declined. Lorraine took her case to judicial review and it became influential in convincing the Department for Work and Pensions to change the law through this Bill. Sadly, Lorraine passed away in July 2022, while the Bill was still awaiting its passage through the Commons. Lorraine spoke to Marie Curie in 2019 about her experiences, and I will share some of her words with you now.Lorraine said:“From the moment I started the application process, I felt like I wasn’t being taken seriously. Just because I don’t look ill—I still wear make-up and dress well every day—that doesn’t mean that I’m less entitled. People don’t realise the impact MND can have on your life. It’s the little everyday things that become a struggle.I’ve completely lost the feeling in my left hand. I can’t make my own bed, my children help me get dressed, I have a cleaner, I can’t cook the way I used to. My balance is off, and I can now feel my foot starting to go too.”
- 4:00 pm
- Lorraine went on to say:
- “But I want to reduce my hours next year, so I can spend more time with my kids. As I don’t have long, I want to spend quality time making memories. Looking ahead is the hardest part. I’ve started to have nightmares about my kids, a sense of loss or them being taken away from me. They have a wonderful father, but it’s not the same as having a mummy.
- I’m a very determined person and I’m not going to give up. It has become a matter of principle, even above the money. I shouldn’t have to spend my time fighting for support. It’s exhausting. Situations like this really make you realise what’s important in life and I’m very lucky that I have a good support network around me.
- I felt I had to speak out about my situation as I don’t want others to have to face the same struggles at such a difficult time.”
- The second case I would like to share is that of Victor Carver. Victor has terminal cancer and lost his job during the coronavirus pandemic. He says:
- “I haven’t got enough money, really, to live. I often borrow from loan sharks, for which you can borrow £20, pay back £40—that sort of thing. I’ve had days where I’ve got no food in my cupboard.
- I am broke and I don’t have an overdraft. I don’t have savings anywhere. So, when it’s gone it’s gone.
- As soon as I got made redundant, my landlord, who also knew of my circumstances, evicted me. He served a Section 21, a no-fault eviction on me. I wasn’t in arrears. During that time, I only got Housing Allowance. My rent was £1,150, the Local Housing Allowance is £700 or £697, so I was always going to be behind on my rent.”