Law Centre NI submits evidence to the Timms Review of Personal Independence Payment

The Timms Review of Personal Independence Payment

Law Centre NI has submitted our response to the Timms Review of Personal Independence Payment (PIP), which can be read in full here.

This Review was launched by the UK Government ‘to ensure that Personal Independence Payment (PIP) is fair and fit for the future in a changing world, and helps support disabled people to achieve better health, higher living standards and greater independence, including through employment’. The scope of this Review focused upon four main themes:

• Theme 1: Role and Purpose of PIP
• Theme 2: Eligibility, Fairness and Equity in the award of PIP
• Theme 3: Experience of claiming PIP
• Theme 4: Changing context and the impact on PIP

Our Key Considerations

We have achieved significant policy and legal progress to help alleviate the challenges faced by disabled people across NI. It is due to this complex and specialist nature of our work that we outlined the following considerations within our submission:

• Principle of parity: It is essential that the NI voice and evidence is heard at this earlier stage, prior to any further policy and legislative proposals, to ensure that there is meaningful consultation to this population;
• Participation issues: There is a lack of engagement across NI from the Department for Work and Pensions (DWP) in relation to this Review. Furthermore, there is no NI representative included within the Review’s Steering Group;
• The UK Government’s ‘Pathways to Work: Reforming Benefits and Support to Get Britain Working Green Paper’: The publication of this Paper resulted in widespread confusion and worry across the Advice Sector, and for many PIP claimants, across NI. We have extensively engaged with DWP and DfC to seek clarity on these policy proposals and raise implications upon PIP claimants. This Review must consider the impact of this Paper and ensure that PIP claimants are supported through the social security system.

Additionally, as a regional support organisation we were pleased to host a special Adviser Network Meeting for the Advice Sector in NI to consider this Review. During this engagement session, we heard and listened to the concerns and considerations of the sector, which included the following:

• The PIP Application Form: The application form is not fit for purpose as it does not address the specific needs of the individual due to vague questions, or activities which are not relevant to the individual’s disability. This can prove challenging when articulating a disability, and identifying the impact upon the individual, specifically when assistance is required to complete the form e.g. a Disability Allowance (DLA) to PIP form.
• The PIP Assessment Process: This is not fit for purpose, as it does not allow for the individual to adequately reflect upon their needs and the impact of their disability. For claimants with ill-mental health, concerns were raised relating to the impact which this process has upon the claimant and the barriers relating to wider support provision. Furthermore, challenges also present when a claimant’s mental health is not taken into consideration by the assessor.
• Lack of investment: The Advice sector must receive sufficient investment to allow for accurate and timely advice to be provided to claimants engaging in the PIP process. Additionally, the social security system must receive sufficient investment to ensure that those who are most in need can access this critical financial support.
• Lack of service provision: The lack of, and resulting investment, in support services (e.g. for claimants with ill-mental health) presents further barriers and challenges to claimants receiving assistance and support to manage the impact of their disability. This can result in significantly adverse impacts upon the individuals and can exacerbate the impact of their disability.
• Human rights and equality considerations: There must be no regression from current human rights and equality standards. There must be robust legislation and policies to protect disabled people and their rights.

Our Recommendations

We believe that disabled people and their rights can and should be supported by a fair, robust and accessible social security system, and therefore made the following recommendations:

1. The barriers to accessing PIP must be addressed and removed to ensure that disabled people can effectively and successfully engage with employment and the social security system;
2. The PIP assessment process must be tailored to meet the specific needs of the disabled person, acknowledging the specific impact of their disability;
3. The PIP assessment process must be transparent and fair, ensuring that claimants are fully aware of the evidence considered throughout;
4. The Advise Sector must receive sufficient investment to support disabled people who seek to access representation, support, and advice through engaging in the Appeals process;
5. The specific complexities of social security, employment and immigration matters must be taken into consideration through this Review so that disabled people and their rights are protected through robust legislation and policies.

We welcome further engagement with interested parties on this evidence submission, and for further information please contact Holly Knox, Policy and Community Engagement Officer, via email holly.knox@lawcentreni.org