Welfare Reform Bill

I thank the noble Countess for these amendments. She raises again an important issue that she has campaigned about for a long time. I have received a copy of the letter, but I hope she will forgive me for not having had a chance to consider it in any detail. It would not be possible for me to comment on a specific case, but I shall make sure that the letter is passed on to the district manager and given in evidence to those looking at the assessment of the WCA. I agree with the noble Countess that it is extremely important that, when issuing directions to undertake work-related activities, personal advisers must have regard to a customer’s medical condition. That would include taking into account whether the condition is likely to fluctuate and the impact that that may have on the customer’s ability to carry out the direction. They must, of course, have received adequate training to enable them to do that. It may help to reassure the noble Countess if I outline the safeguards built into the system to protect the progression-to-work customers with fluctuating health conditions. Amendment 90 relates specifically to training of personal advisers. As we discussed under the previous amendment, they are key to the successful delivery of this model. We will develop a workforce development strategy to work through the implications of the adviser role, which will also enable us to develop, with the help of our stakeholders, comprehensive additional training material for personal advisers to enhance the knowledge and skills necessary to deliver this more personalised approach and ensure that they do not ask too much of an individual. However, it is already the case that Jobcentre Plus pathways advisers receive training on a range of mild-to-moderate health conditions. In provider-led pathways areas, advisers are also trained on a range of health conditions and work with a range of specialist organisations on which pathways advisers can seek advice and support. Jobcentre Plus personal advisers are able to seek advice from specialist disability employment advisers and work psychologists with regard to customers with complex needs. If they feel it is appropriate, advisers may refer customers with complex conditions to DEAs and work psychologists, as we have just discussed, for additional advice and support. Turning to Amendment 93, the work capability assessment has been designed to take better account of these fluctuating conditions. In the face-to-face assessment, the healthcare professional carrying out the WCA and the work-focused health-related assessment should also analyse an individual’s functional capability over time. It is not a snapshot of a person’s condition on the day of assessment. During the early stages of their claim, an ESA customer will undergo a work-focused health-related assessment completed by a healthcare professional. A report of the work-focused health-related assessment will be produced and sent to the customer’s personal adviser. The report will flag up whether the customer’s health condition may fluctuate and the impact that this is likely to have on the customer. I assure noble Lords that the power to direct progression to work customers to a specific activity will be used only in a very small minority of cases. Advisers will always encourage, persuade and support people into activity they genuinely feel is necessary. This brings me to Amendment 55. As stated in Clauses 2 and 8, any direction to undertake an activity must be reasonable and have regard to the person’s circumstances. Hence, any direction to undertake an activity by the personal adviser must be appropriate to the customer’s abilities and circumstances. That would include taking into account any fluctuating health condition that the customer may have. If, for any reason, the customer was directed into an activity which they felt was inappropriate the customer could ask for the direction to be reconsidered and it could then be varied or revoked. If the customer does not comply with the requirement to undertake an activity because they were not able to do so due to the fluctuating nature of their condition, they will be able to raise this as good cause for their failure to comply. This will be covered in regulations. It might be helpful—I am conscious—