DWP announces further consultation on PIP

Reblogged from http://wearespartacus.org.uk/:Graphic depicting someone walking with a crutch

Note: Guardian article now also available: http://www.guardian.co.uk/commentisfree/2013/jun/18/fight-for-disabled-people-mobility

This is the press release I’ve put out today on the DWP’s announcement of a new consultation on the mobility component of PIP:

Disability campaigners welcome today’s announcement that the Government will re-consult on the mobility component of Personal Independence Payment, which replaces Disability Living Allowance for working age disabled adults. Organisations and individuals have been campaigning vigorously on this issue since we were shocked to hear, in December last year, that the walking distance criteria for the mobility component, and therefore for assistance from the Motability scheme, had been tightened from 50 metres to 20 metres.

A disabled man, Steven Sumpter, issued legal proceedings in March arguing that the consultation process on the new benefit was flawed because the Secretary of State did not consult on the proposal to introduce the new benchmark distance of 20 metres. This was only introduced after all the consultation stages had passed. Consultees were therefore denied the opportunity to comment on the proposal or to explain to the Secretary of State how such a restriction to the benefit will affect them and their independence.

For many years the distance of 50 metres has been accepted as an appropriate distance criteria to determine limited walking ability – including for eligibility for the blue badge, for guidance to achieve an accessible built environment, in relation to other benefits such as Employment and Support Allowance and, through legal precedent and practice, for determining whether a claimant is ‘virtually unable to walk’ for the purposes of Disability Living Allowance.

Jane Young, an independent campaigner working with the We are Spartacus network, says:

“We are relieved that the DWP is to reconsider. Our concern in relation to the 20-metre distance is that disabled people with limited walking ability, who are dependent on their Motability car or other independent mobility solution funded by their allowance, would lose their eligibility and be unable to make essential journeys – to work, to visit their GP, to hospital appointments or to social activities. We fear many would effectively become isolated in their own homes, with all the implications of that for their mental and physical health.”

Whilst the Government’s announcement is extremely positive, we remain cautious. We need to make sure that the views of disabled people and their organisations are taken seriously and that the ultimate decision focuses on meeting the needs of disabled people rather than being narrowly focused on cutting the cost of the benefit. The ability of disabled people to participate in society depends on support for independent mobility; this should be the focus of this fresh consultation.

Watch this space, and the We are Spartacus site, for further developments. We will do our best to ensure that DWP takes account of what we say this time!

Do we still value people for who they are?

Disabled man surfing the internetRecently, I’ve been wondering: what happened to our society’s fundamental moral belief that people have inherent value by virtue of being human? When did we start, consciously or sub-consciously, measuring people’s well-being in terms of cost? Is this the kind of society we really want, or is it the result of a political ideology for which very few of us consciously voted?

A number of topics currently in the public domain share at least one important characteristic: they emphasise a worrying shift in our society’s values, a shift whereby our belief in the unique and intrinsic value of each individual is being compromised and replaced by an overriding concern about how much it costs to support those of us who are disabled or chronically sick. A blatant challenge to our long-held belief in the intrinsic value of human life was the recent re-election of Councillor Colin Brewer in the West Country. Councillor Brewer, who had previously resigned when a comment he had made in 2011 about disabled children costing too much became public knowledge, was interviewed by the Disability News Service last week, when he “insisted that he was a Christian, and believed that ‘all life is precious’” but also “repeatedly indicated that he believed there was a good argument for killing some disabled babies with high support needs, because of the cost of providing them with services”. This has understandably provoked an outcry from disabled people and their families and I would be surprised if he remains in office in the longer term.

I’m currently involved in two issues that shine a spotlight on the value we place on the lives and well-being of disabled people: the full hearing in the High Court this week of the applications by 10 sick and disabled people for judicial review of the under-occupancy penalty for housing benefit claimants in social housing (the ‘bedroom tax’); and the publication of a joint report, ‘Promoting Independence, Preventing Crisis’, by the All Party Parliamentary Groups on Disability and Local Government, following their inquiry into adult social care reform for working age disabled people, for which I provided both oral and written evidence.

Although these topics don’t at first sight appear to be strongly linked, the common thread is that both the under-occupancy penalty (the ‘bedroom tax’) and the current state of adult social care exemplify a ruthless focus on the cost of enabling disabled people to live independently and have a reasonable quality of life, free from unnecessary hardship and stress. Disabled people are not asking to live in the lap of luxury, but we do expect opportunities broadly equal to those open to our non-disabled peers. In recent years, as the disability movement has matured and Governments have sought to incorporate the concepts of the social model of disability and independent living into policy-making, equality of opportunity was at least visible on the horizon, if not yet in reality. But the longer we live under the shadow of austerity, the more distant that equality appears.

Another common factor linking these two policy areas is that they both demonstrate that Governments find it easier to justify the cost of supporting older people than of working age disabled people. Older people’s benefits have not been touched; despite the fact that many older people ‘under-occupy’ their homes, housing benefit claimants above state pension age are not subject to the under-occupancy penalty. And when the Government – or the media – discuss social care, they give the impression that only older people need support; they very rarely mention the one-third of social care service users who are of working age.

Against this backdrop, the new report, ‘Promoting Independence, Preventing Crisis’, is a breath of fresh air; it clearly bears the hallmark of an inquiry that has been led, at least in part, by those who understand and believe in independent living and that social care support should help to achieve equality of opportunity for disabled people. The report is particularly timely, coming as it does as Parliament commences its scrutiny of the Care and Support Bill. It makes concrete recommendations for the needs and aspirations of working age disabled people to be reflected in legislation, including a recommendation to extend the well-being principle in the Bill to include a right to independent living as described in Articles 19, 20 and 21 of the United Nations Convention on the Rights of Persons with Disabilities.

There are some gems in the report which, as its title makes clear, recommends that support is focused on preventing needs from escalating and on enabling disabled people to live independently. Recommendations designed to focus support on independent living include improving the Care and Support Bill’s provision for the ‘portability’ of support packages, to ensure disabled people can move to another area without losing vital support, and increasing the range of funding streams in an extended Right to Control pilot. Another key recommendation is that the proposed national eligibility criteria should be set at a lower level of need than is currently set by the majority of local authorities, to ensure that support is preventative rather than crisis-driven.

One of the key messages of the report is that there should be greater integration of health and social care services and that £2bn should be moved from the NHS to social care. Whilst this could produce better co-ordination and a more holistic service, I’m concerned there’s a danger of the independent living ethos exemplified in the best social care departments being undermined by the more paternalist approach of the NHS – and I said as much in my oral evidence to the inquiry. But I also suggested there should be more integration between social care and housing, and it seems that others are starting to agree.

Whilst ‘Promoting Independence, Preventing Crisis’ is a good report, more ambitious in its aim to support independent living than I dared to expect, its impact is likely to be limited. The Government may not agree with its recommendations in relation to the Care and Support Bill. The Treasury may well fail to agree sufficient funding for independent living to become a reality. Above all, we all know that independent living cannot be achieved without adequate funding of the whole range of support needed by disabled people. Welfare policies such as the bedroom tax and the restrictive criteria for PIP, alongside other cost-saving measures such as reducing funding for the Equality and Human Rights Commission, continue to give the message that saving money is more important than the well-being of disabled people. As a society, we must decide where our priorities lie.

High Court gives green light to PIP legal challenge

The High Court has today granted permission for a full hearing of the judicial review challenge to the government’s introduction of more stringent qualifying criteria for mobility benefit.

Steven Sumpter can only walk a few metres with a stick and is otherwise dependent on a wheelchair. He was assessed as eligible for the high rate of the mobility component of Disability Living Allowance (DLA) last year and has used this to lease a Motability car. Along with thousands of others, he fears that he may lose this benefit under the new Regulations (1).  Under the DLA scheme, a person is entitled to the higher rate if they are ‘unable or virtually unable to walk’. Usually claimants are considered to be virtually unable to walk if they cannot walk more than 50m. Under the new Personal Independence Payment (PIP) scheme, the relevant distance is reduced to 20m.

Karen Ashton from Public Law Solicitors who represents Mr Sumpter said:

“I am very pleased that the court has found that this case deserves a full hearing.  The higher rate of mobility benefit can make an extraordinary difference to a disabled person’s life.  But the Government failed to mention the reduction to 20m in their consultations and so those who might be affected did not have the chance to put their case and explain how devastating the consequences will be.”

Jane Young, an independent consultant currently working with the We are Spartacus campaigning network, said:

“Whilst it is true that under the PIP regulations and guidance, in order to be considered able to walk not more than 20 metres a claimant should be able to do so “safely, to an acceptable standard, repeatedly and within a reasonable time period”, the fact remains that 20 metres is an extremely short distance. Our concern is that by denying people with significant walking difficulties support for independent mobility, the regulations will seriously compromise their well-being. Disabled people who can only walk short distances face being stuck in their homes, isolated and unable to travel independently to health appointments, to work, to the shops or to social activities. This is especially the case in rural areas, where public transport is infrequent, inadequate and inaccessible and long travel distances are the norm.”

(1) The Social Security (Personal Independence payments) Regulations 2013)

Note: By agreement with the government’s lawyers and the court, only Steve Sumpter’s case is going ahead at this stage.

Independent living is expensive – but its value exceeds the cost

This is the 8th annual Blogging against Disablism Day but I’ve never participated before. I’m not good at these ‘special days’. I write when I want to, when I have something to say and, above all, when I can. Campaigning, advising, writing briefings, attending meetings, maintaining websites, ill-health, family responsibilities etc all take their toll, which is why I don’t blog very often.

So I was going to leave it to others to mark this day… until I watched a set of videos recently produced by Scope for their Britain Cares campaign.

Then I remembered just how angry I am about the state of social care in Britain today.

I’m angry that when social care is mentioned in the media, the focus is always on older people.

I’m angry that the Government appears to prioritise the preservation of older people’s assets above ensuring everyone gets the support they need to live independently with a good quality of life.

I’m angry that Ministers and MP’s don’t appear to understand the importance of disabled people’s human rights or what we mean by the term “independent living”.

I’m angry that the judge in the judicial review hearing on the closure of the Independent Living Fund wasn’t prepared to acknowledge the dishonest nature of the so-called consultation and decide against the Government.

I’m angry that severely disabled people, who’ve spent years working (many as entrepreneurs), employing personal assistants to enable them to contribute to society, proving each day that disability doesn’t have to mean dependence and inability, are now fearful of a future eating sandwiches, lying in bed in incontinence pads.

And I’m angry that I can’t change any of these things, any more than I can change the hardship and poverty many disabled people will be facing as a result of welfare “reform”.

But I’ve shared Scope’s videos on Twitter and Facebook – and I want all politicians, from all parties, to watch these videos and understand that independence, inclusion and equality cost money. Above all, however, I want our politicians to accept that the value of independent living - to disabled people and to an inclusive society – will always be greater than the cost.

Judicial review issued against PIP 20 metre criteria

For a growing list of links to media and blog posts, see http://wearespartacus.org.uk/pip/

Lawyers have announced that they are taking legal action against the Government on behalf of three disabled clients who are challenging the decision by Ian Duncan Smith, the Secretary of State for Work and Pensions, to bring in more stringent measures to qualify for mobility benefit. Continue reading

Fighting for our independence

Since the Coalition Government came to power, it has become increasingly clear that through a combination of austerity policies and ideological cuts (or ‘reforms’) the independence which disabled people have fought for over several decades is under real threat. These threats include, but are not limited to: the replacement of DLA by the ironically-named Personal Independence Payment, the scrapping of the Severe Disability Premium under Universal Credit, the closure of the Independent Living Fund and the pressures on local authority adult social care services which are increasingly under-funded and over-stretched. These latter two threats go hand in hand, and both are in the news today. Continue reading

Call to arms – challenging PIP regulations

Please note: our lawyers have informed us that they have a sufficient number of candidates to take part in the legal challenge and are therefore no longer looking for anyone else. However, if the case is successful, all those who may be affected by the reduction of the walking distance criteria from 50m to 20m will benefit.

On Tuesday 5 February, the Social Security (Personal Independence Payment) Regulations 2013 were passed by the House of Commons Eleventh Delegated Legislation Committee (audio recording). The debate, transcribed at http://www.publications.parliament.uk/pa/cm201213/cmgeneral/deleg11/130205/130205s01.htm, lasted just a little over an hour, very few members of the committee contributed and all voted along party lines. And that was it. Regulations which determine the independence and well-being of almost 2 million disabled people were dealt with quickly and quietly, like some routine to be got out of the way. Continue reading