Sir Stephen Timms
MP for East Ham · Labour · United Kingdom
“I agree with the hon. Gentleman. If he would like to send me details of that particular case, I will happily look into it. On the subject of people with hearing impairments, my right hon. Friend the Minister for Women and Equalities and I will be meeting the British Sign Language Advisory Board this afternoon.”
“Better outcomes require early identification and support for girls and young women with special educational needs, including dyslexia. That is the aim of the SEND reforms and the development of national inclusion standards.”
“Autistic people and people with ADHD have been struggling to get the right support at the right time. Recommendations from Professor Karen Guldberg’s neurodivergence task and finish group directly informed the SEND reforms that were published earlier this year.”
“The Equality Act 2010 places a duty on public bodies to make reasonable adjustments, so that disabled people are not put at a disadvantage by accessibility challenges.”
“The hon. Gentleman raises an important point. This benefit is there to contribute to the additional costs of disability. Too often, what has happened—my hon.”
“I think we can take the hon. Member’s question as a tacit recognition that in 14 years the previous Government should have done something to fix these problems. The steering group is clear that the provision of cash to meet the additional costs of disability is vital.”
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“The health transformation programme that I mentioned will allow the introduction of a modern digital service, which is certainly not how the existing arrangements could be characterised. It is a big job—the programme will run until 2029—but the outcome from it will be a process that is simpler and easier to understand, which I hope will reduce the stress to which the hon. Member has rightly drawn attention, with shorter decision times.”
“The review will look specifically at the PIP assessment, but one proposal in our Green Paper published earlier this year was increasing the age of transition from DLA to PIP from 16 to 18. I think that that change could assist with the concern expressed by my hon. Friend. We are looking at the consultation responses that we have received.”
“We will increase the number of face-to-face, rather than remote, PIP assessments, and will increase the number of health professionals in assessment centres in order to deliver that. I think the hon. Gentleman will agree, however, that it is important to keep telephone or video alternatives for those who need them.”
“There was a switch to remote assessments in the pandemic, for obvious reasons, but my right hon. Friend the Secretary of State has made the point repeatedly that, as was said in the “Pathways to Work” Green Paper, we want to move sharply back to face-to-face, while keeping alternatives for those who need them. I am sure the hon. Gentleman will have spoken to people for whom the prospect of going to an assessment centre provokes the kind of anxiety that his constituent experienced as a result of a telephone call. We are speaking to the assessment providers, and we have already increased the proportion of face-to-face assessments. That work will continue.”
“There has been no change at all to policy on Access to Work. As the hon. Member knows, we did consult, in the Green Paper earlier in the year, on reform to Access to Work. There has been a big increase in demand for it, and reform is needed. We are looking at the consultation responses at the moment. There may have been instances in the past where the published guidance was not always properly applied. It is being applied now, and that may give rise to some of the issues that have been drawn to his attention, but there has been no change at all in the policy.”
“We have set up a panel of experts to advise us on how best to improve employment prospects for people with autism and neurodivergence. As the right hon. Member knows, we will be undertaking a review of the PIP assessment, co-producing it with disabled people, so that we have a clear way forward for who should and who should not be entitled to the personal independence payment.”
“We have received the report from Liz Sayce, and I want to thank her very much for her review of earnings-related overpayments of carer’s allowance. We are currently considering the findings. We are, as the hon. Lady knows, making a number of changes. We have increased the earnings threshold for carer’s allowance in a way that I think will help avoid these problems in the future. We are looking at the possibility of a taper on carer’s allowance. We will come forward, before very long at all, with both the report and the Government’s response to it.”
“I am grateful to my hon. Friend. We have announced that Zara Todd will be the chair of the Department’s disability advisory panel. The panel was announced in the “Get Britain Working” White Paper last year. Separately, we will set up a group to work with me on the review of the PIP assessment. I will, of course, talk to the disability advisory panel about the arrangements, but they will be separate structures.”
“Will my hon. Friend recognise how the Bill protects people in exactly the situation that she describes? Those who receive the universal credit health premium at the moment will be fully protected, and once they go into work they are likely to continue to receive universal credit, so their protection will carry on. If their income exceeds the universal credit level, there will be a further six months when they are earning at a significant level when if they come out of work afterwards they will come straight back on to the position they were in at the start. There are very strong protections for exactly the people she is describing.”
“The form of words in the Bill, including the word “constant”, exactly replicates the way the severe conditions criteria are applied at the moment. The “constant” refers to the applicability of the descriptor. If somebody has a fluctuating condition and perhaps on one day they are comfortably able to walk 50 metres, the question to put to that person by the assessor is, “Can you do so reliably, safely, repeatedly and in a reasonable time?” If the answer to that question is no, the descriptor still applies to them. The question is whether the descriptor applies constantly. If it does, the severe conditions criteria are met.”
“I thank my hon. Friend very much for all the work he has done on this, and for helpfully highlighting that concern. It might help if I read briefly to him what the current training material for people applying the severe conditions criteria says about what level of function will always meet limited capability for work and work related activity: “Although this criterion refers to a level of function that would always meet LCWRA, this does not in any way exclude people diagnosed with a condition subject to fluctuation or variability. The key issue is that the person’s condition is not subject to such variability that their function would ever be significantly improved from the LCWRA descriptor identified”. I hope that that, together with my earlier intervention, will give some reassurance to my hon. Friend.”
“The system needs to be fixed and it is urgent to get on and do that. My hon. Friend the Member for Bermondsey and Old Southwark (Neil Coyle) was right to point out to the House that delay is not the answer. The delay being called for by the Conservatives is not the right way forward. Abandoning people, in the way the system has for years, has been catastrophic. There are 2.8 million people out of work on health and disability benefits, and hundreds of thousands want to be back in work and say they could be, if only they had the support to get back into a job. We are determined to provide them with that support.”
“I thank everybody who has spoken in this debate. If someone can work, they should. My hon. Friend the Member for Hendon (David Pinto-Duschinsky) was absolutely right to remind the House that that principle underpinned the creation of the welfare state by the post-war Labour Government. If someone needs help into work, the Government should provide it, and those who cannot work must be able to live with dignity. Those are the principles underpinning what we are doing. The UK, uniquely in the G7, has a lower rate of employment today than we had before the pandemic. My hon. Friends the Members for Ealing Southall (Deirdre Costigan) and for Hendon were right to point out that that is uniquely a UK problem. In large measure, it is because of the traps in the universal credit system that this Bill addresses.”
“No, because reform is urgently needed. We were elected to deliver change and that is what we must do. It is particularly scandalous that the system gives up on young people in such enormous numbers, with nearly 1 million not in employment, education or training. My hon. Friend the Member for Peterborough (Andrew Pakes) was absolutely right to highlight that point. We need to get on and tackle the disability employment gap. The Bill addresses the severe work disincentives in universal credit. It protects those we do not ever expect to work from universal credit reassessment, and the poverty impact assessment, which has now been published, makes it clear that 50,000 children will be lifted out of poverty. We are rebalancing support here.”
“Friend the Member for Walthamstow (Ms Creasy) referred to it, as did others. To quote article 4.3 of the convention, we should “closely consult with and actively involve persons with disabilities” in carrying out the review. I accept the point, made by my hon. Friend the Member for Penistone and Stocksbridge, that that is what co-production entails.”
“Member for East Wiltshire (Danny Kruger), that we are indeed going to get ahead with increasing the number of face-to-face assessments, and the point that he needs to recognise is that that should have been done after the pandemic and it was not done. We are getting on and fixing the problems. I am grateful to my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) for giving the House, in her new clause 11, a helpful checklist of the desirable features of our co-produced review. I have committed to Disability Rights UK and to others that I will shortly discuss these matters with them, but let me set out my thinking now in response to my hon. Friend’s new clause. I accept subsection (1) of her new clause. The UN convention on the rights of persons with disabilities has featured a bit in this debate—my hon.”
“I am happy to give the hon. Gentleman the same answer that I gave him last week, which is that the figures will be published by the OBR in the usual way. A number of amendments that have been discussed relate to clause 5, which, as the House knows, we are removing through Government amendment 4, so the Bill will make no changes to PIP. Parallel amendments to schedule 2 cover Northern Ireland and, as has been pointed out, Government amendment 5 changes the Bill’s name, once enacted, to the Universal Credit Act 2025. We will now make PIP fit and fair for the future with the wider review to conclude by autumn next year. The Opposition’s amendment 45, on face-to-face assessments, therefore no longer fits in the Bill, but I would say to the shadow Minister, the hon.”
“Friend has made helpful suggestions for who some members of the group might be. We will want disabled parliamentary representation to be involved in the process as well, and arrangements to involve disabled people more broadly. I agree with her that the majority of the group’s members need to be disabled people or representatives of disabled people’s organisations, and that they need to be provided with adequate support, including towards their costs of travel and taking part.”
“Let me make just a little more headway. I will give away a little bit later. As my hon. Friend the Member for Penistone and Stocksbridge and I have discussed, I do not agree that the review must be finished within 12 months. We want to complete the review by autumn of next year, and with no four-point threshold, I do not think it is in anybody’s interest to rush it. I accept her proposal, in subsection (4) of her new clause, for a group to co-produce the review, not so much to provide independent oversight as to lead and deliver it. I will chair the group, and we will work with her and others to include disabled people with lived and professional experience in its leadership and in shaping its meetings, with around a dozen members and with capacity to engage others as needed on specific topics. My hon.”
“I will not give way for a moment or two. On Parliament’s handling of the review outcome, which is also raised in new clause 11, I would envisage a ministerial oral statement. I can commit on behalf of the Government that there will then be a general debate on it, in Government time, and that the legislation to implement the review outcome will not be brought forward until that has happened.”
“That also applies to people with severe lifelong conditions who we do not ever expect to work and those near the end of life. Clause 4 and the amendment to it mirror the universal credit changes in employment and support allowance. The Bill will protect existing claimants in a powerful way, including those with fluctuating health conditions, but it will move decisively to a more proactive, pro-work system. That is what we need, and the protection for those who are on universal credit at the moment—”
“Not just at the moment. Clause 1 introduces the first ever sustained above-inflation rise to the universal credit standard allowance. The previous Government ran universal credit down. They did not uprate it; they froze it, forcing mass dependence on food banks. The increase is accompanied by a reduction, as we debated, in the health top-up for most new claimants, as set out in clause 2. Clause 3 set out that the health top-up would be frozen until 2029-30 for existing claimants and for those with the most severe lifelong conditions or those near the end of life. The Government amendment means that, for existing claimants, the standard allowance plus the health top-up will rise at least in line with inflation up to 2029-30.”
“Let me make just a little more headway. The protection for those who are on universal credit at the moment and who are on the LCWRA rate is that if they go into work, they are likely—depending, of course, on their income—to stay on universal credit, so that protection will continue while they are in work. If their income rises to the level where they are lifted off universal credit, for six months they will retain that protection, and if they go back, they will return to their original rate, so there is very strong protection there.”
“No, I will not give way. Some amendments seek to change the new universal credit arrangements. The increase to the standard allowance—the first permanent real-terms increase in the headline rate of out-of-work benefits for decades—is an important step forward, as my hon. Friend the Member for Morecambe and Lunesdale (Lizzi Collinge) highlighted. Balancing that with a lower health top-up for most new claims is key to tackling—”
“It is being moved in this Bill into legislation. It does take account of Parkinson’s and MS because people need to meet these descriptors reliably, safely, repeatedly and in a reasonable timeframe, so I can give a firm assurance to those concerned about how the severe conditions criteria will work for those with fluctuating conditions. The word “constantly” here refers, as I said in my earlier intervention, to the functional criteria needing to apply at all times, not to somebody’s symptoms. This Bill begins to repair a broken system that holds people back, by removing work disincentives from universal credit. We will provide record employment support for disabled people, for people with health impairments—”
“My hon. Friend is right that the Green Paper set out our proposal that the PIP assessment will in future also be the gateway to the universal credit health top-up, giving it indeed a broader role. Our aim is specifically a co-produced benefit assessment. If that works well, there may well be a strong case to apply the same approach, maybe even using the same or a similar group to other challenges, and perhaps including other aspects of the health and disability benefits system, but that would need to follow successful completion of the task immediately in hand. Let me finally make an important point, which was made by my hon. Friend the Member for Dunfermline and Dollar (Graeme Downie) and others. The severe conditions criteria in the Bill exactly reflects how the functional tests are applied at present. That is in guidance.”
“During this debate, my hon. Friend and others across the House have raised concerns that the changes to PIP are coming ahead of the conclusions of the review of the assessment that I will be leading. We have heard those concerns, and that is why I can announce that we are going to remove clause 5 from the Bill in Committee. We will move straight to the wider review—sometimes referred to as the Timms review—and only make changes to PIP eligibility activities and descriptors following that review. The Government are committed to concluding the review by the autumn of next year.”
“We have had a passionate and eventful debate. We have heard the concerns, and the Government will amend the Bill, as my right hon. Friend the Secretary of State and I have set out, but the system we have inherited does not work. Uniquely in the G7, our employment rate is still lower than before the pandemic. Every other G7 country has got back to where it was before, or better, but we have not. The system is trapping hundreds of thousands of people needlessly in low income and inactivity. It tells people that they cannot work, and for many of them that is simply untrue. We have to change that.”
“Let me say a little about the announcement I made in my intervention on my hon. Friend the Member for Peterborough (Andrew Pakes) earlier on. We have listened to the concerns expressed in the debate, specifically about the new four-point threshold being implemented before the outcome of my review. As I have said, we will in fact move straight to my review and make changes to PIP eligibility activities and descriptors only following that review.”
“Yes, I can confirm to my hon. Friend that that is the case. We will table the amendment to do that. Let me say in answer to the hon. Member for South Antrim (Robin Swann), who raised this point perfectly properly in the debate, that we will also remove the parallel provisions for Northern Ireland. He suggested that that would mean removing clause 6, but it does not mean that, because there are a lot of other things in schedule 2, which is referenced in clause 6. Paragraph 4 of schedule 2 addresses the points that we are dealing with.”
“Let me make a little further progress. I still have not quite answered the question put to me in the first place in the intervention by my right hon. Friend the Member for Hayes and Harlington (John McDonnell). His question was about whether the outcome of the review will be implemented in primary or secondary legislation. That depends on the outcome of the review and the form of the assessment we take forward. We will come back to that when we have concluded the review.”
“She makes a strong argument, and that is the kind of approach that we need to develop as we bring forward our plans for employment support.”
“Let me make a little bit of headway before I give way again. Under the last Labour Government, in the 12 years up to 2010, the disability employment gap fell steadily. In 2010, as soon as the Tories and Lib Dems took over and scrapped the new deal, it stopped falling, and it has barely shifted since. This Bill opens up the chance for proper support into work once again for people who are out of work on health and disability grounds. We will provide that again, recognising that with—for example—far more mental health problems among young people, the needs post pandemic will be different from those of the past. I listened with great interest to the powerful speech made by my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), calling for a target for the disability employment gap.”
“I will not give way at the moment. The Bill opens up that possibility, and it deals with work disincentives inserted into universal credit by the previous Government. The current system forces people to aspire to be classified as sick in order to qualify for a higher payment, and once so classified, it abandons them. We have to change that system.”
“No, Madam Deputy Speaker. Let me tell the hon. Gentleman one of the things that the Bill does. Part of the problem is that it is very hard to bring up a family on the standard allowance of universal credit. The Tories reduced the headline rate of benefit to the lowest real-terms rate for 40 years. Families have to rely on food banks, and people aim to be classified as sick for the extra benefit. The system should not force people into that position; it needs to be fixed, and the Bill makes very important changes in that direction.”
“I can assure my hon. Friend that the review is not intended to save money—that is not its purpose. The review is to get the assessment right and make sure we have an assessment that will be fit for the future.”
“In the year before the pandemic, 2019-20, PIP cost the then Government £12 billion at today’s prices; last year, it cost £22 billion. We want the system to be sustainable for the future. That is extremely important, because many people with large costs arising from ill health or disability depend on PIP. Those people need to be confident that the support will be there in the future, as well.”
“I need to make a little more progress. As a number of Members highlighted in the debate, including my hon. Friends the Members for Clwyd North (Gill German) and for Southampton Itchen (Darren Paffey), a key step in this Bill is the first ever permanent real-terms increase in the standard allowance of universal credit. Actually, it is the first permanent real-terms increase in the headline rate of benefit for decades, and of course, the Tory party is against it. The Tories froze benefits time and again, and created the work disincentives and mass dependence on food banks that this Government are determined to now erase. We are, of course, also concerned that the future cost increases of PIP should be sustainable. Let me just look back at the record of those cost increases.”
“PIP replaced DLA in 2013, but half a million adults are still on DLA today, and that does not cause problems. Parallel running is normal, and actually it is often the fairest way to make a major change.”
“We will set out those figures in the usual way. The last Government wanted to change the personal independence payment from cash to vouchers. They wanted to take the independence out of the personal independence payment, and we opposed them. It has been suggested that the benefit should be frozen, but the costs that the benefit is contributing to are continuing to rise along with all the other costs, so we oppose that, too. Some argue for means-testing, but disability imposes costs irrespective of income. We reject all those proposals. Let me just make a comment about the concern that has been expressed—it does not arise now, given what I have announced—about a two-tier system. A two-tier system is completely normal in social security.”
“My answer to my hon. Friend is the one I gave earlier: we need to await the outcome of the review and the assessment that it develops to determine whether it will be implemented in primary or secondary legislation.”
“He brought up his children and he paid his taxes, until in October 2023 he was in an unsatisfactory zero-hours job and he left it. To his dismay, he has not been able to find a job since. He came to me as his local MP to ask where to get help again, like he had from the new deal, but unfortunately that was all scrapped by the Tories and the Lib Dems after 2010. We are determined now to provide proper support again, and my right hon. Friend the Secretary of State yesterday announced further early funding for that support.”
“I want to make some further headway. In her speech, my hon. Friend the Member for York Central (Rachael Maskell) drew attention to the fact that she and I had known each other for a long time, and that is correct. She urged us to listen to the voices of our constituents. In February, someone I had not met before came to my constituency surgery. He explained to me that he lost his arm aged six in a road accident. As a result, on leaving school at 16 he could not find a job. He tried really hard, but he could not find an employer that would take him, until in the year 2000 somebody told him about the new deal for disabled people, which found him a job. He then worked for 23 years without a break in a whole series of different jobs.”
“I will not be giving way again. The Tories were never really interested in the disability employment gap. They had a brief flirtation in the 2015 general election campaign, when David Cameron suddenly announced a target to halve the gap. Unfortunately, as soon as that general election had been safely won, that target was immediately scrapped, and they reverted to type. We do care about disability employment. That is what we are making changes to address. In this Bill, we are making the changes to deliver. Question put, That the amendment be made.”
“The current PIP application process is outdated and can be very difficult to follow. Alongside proposed legislative changes, the Department’s health transformation programme will greatly improve the experience of applying and, I hope, increase confidence in the outcomes of the assessment as a result.”
“I recognise that many people who are on the PIP daily living component who did not get four points on anything at their last assessment are feeling rather anxious. However, what they need to know—I hope the hon. Member will reassure her constituents on this—is that it is the view of the Office for Budget Responsibility that most of them will nevertheless still have their PIP after their fresh assessment once the changes have been introduced. They will be introduced in November next year and an individual’s assessment will take place whenever their first award review is after that date. The OBR is confident and clear that most of those people will keep their PIP.”
“It is really important for claimants of PIP that its funding should be sustainable into the future. The trajectory of the past few years has been unsustainable. We are taking action to put that right. The hon. Member is wrong to say that because people did not get four points last time, they will not keep their PIP. As I said, the view of the OBR, which I think is correct, is that most of them will. We are consulting on how to support those who will lose their PIP as a result of the changes that we have announced.”
“The OBR has published its assessment, and my hon. Friend is right that it has assessed that one in 10 of those receiving PIP in November next year will have lost it by 2029-30—one in 10; not the much larger proportion that we were hearing about earlier. Following that, we will be able to introduce the biggest ever investment in employment support for people out of work on health and disability grounds. We do not want any longer to trap people on low incomes for years and years; we want people to be able to enter work and fulfil their ambitions. That is what the investment will allow.”
“No. Members will be voting for reforms to open up opportunities for people who have been denied opportunities for far too long. We are putting that right.”
“We are putting in place a fairer system. Action was urgently needed. In the year before the pandemic, PIP cost the Government £12 billion at current prices, and last year it cost £22 billion. It also went up last year alone by £2.8 billion. PIP required urgent action, and that is what we are taking.”