Food Banks

Baroness Janke Excerpts

Thursday 31st October 2024 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, the strategy came through loud and clear in my right honourable friend Rachel Reeves’s Budget yesterday. We have to get this country back to work and get it growing. If we are to reach a point where we can not only repair the damage done to our public services but rebuild our country, we have to make it work. The foundations were laid really well and clearly in the Budget yesterday. The Government have a plan to make work pay. We have a White Paper coming out on that and are reforming the whole of employment support. We want people to be able to get into jobs, keep them and progress in them—not just to make a difference to themselves but to rebuild our country.

[Baroness Janke (LD)]

My Lords, to pay for the Government’s healthy eating recommendations, the poorest 10% of UK households would need to spend 74% of their post-housing disposable income on food. The consideration of healthy eating is not a factor in calculating benefit rates. Do the Government believe that the poorest and most vulnerable people should have access to healthy food and, if so, how will calculations about benefits in the future reflect this?

[Baroness Sherlock (Lab)]

I absolutely agree about the importance of access to healthy food and there are schemes out there to help the lowest-income families access it, particularly pregnant women and the parents of younger children. Having been asked by a noble Baroness previously about breakfast clubs in primary schools, I went off to check and discovered that they are to be covered by the school standards for food, so we will make sure that there are nutritious breakfasts there. But in the end the noble Baroness, Lady Janke, raises a really important point: we have to tackle the child poverty at the root of this if families are to be able to feed their kids appropriately. That brings us back again to the child property strategy but I am delighted that, in the short term, there were some down payments. One small thing, which will not have gone widely noticed, is that we will introduce a fair repayment rate for universal credit. It sounds really technical but reduces the total cap on deductions from universal credit from 25% to 15%. That means that 1.2 million of the poorest households have £420 a year more to spend, which makes a real difference.

Pensioners: Winter Support

Baroness Janke Excerpts

Tuesday 29th October 2024 Lords Chamber

[Baroness Sherlock (Lab)]

Approximately 1.4 million pensioner households receive pension credit. We received around 74,400 pension credit claims in the eight weeks following the announcement about the winter fuel payment on 29 July—which is probably what has triggered the noble Baroness’s question. In the eight weeks after the announcement, there were 74,400 applications, while in the eight weeks before it, there were 29,500. That represents a 152% increase in pension credit claims received over that period. That period finished in the week starting 16 September, so more have come in since then and more will come in between now and the deadline of 21 December for when people can apply and still have their winter fuel payment backdated for this year.

[Baroness Janke (LD)]

A large majority of low-income pensioners are not on pension credit and therefore will lose the winter fuel payment, although they are living below the poverty line. What emergency measures have been put in place to support those pensioners? What are the Government doing to refine their targeting policies to make sure that full winter fuel support goes to all poor pensioners who are desperately in need of it?

[Baroness Sherlock (Lab)]

My Lords, the first thing would I mention once again is the household support fund. That is £421 million provided specifically for local authorities to support those in need, especially with the cost of living, such as food and fuel, so that is somewhere for people to go. We realise there is still a significant number of people who could claim pension credit, and if they get pension credit, they will get the winter fuel payment. It also opens up a gateway to other potential support with rent or council tax and passporting to a range of other benefits. We are running a campaign, and we will shortly be writing to 12 million pensioners. We will soon be writing also to 120,000 pensioners who get housing benefit who we think might be entitled to pension credit as well, so we are doing huge amount to make sure all that those in that space can claim it. The final point is that there are two bits to pension credit. The main bit tops up income to a certain level. There is also the savings guarantee, so people who have more savings and may think that they are not entitled to the slightly higher income could still be entitled to some pension credit. If they get any at all, they get the winter fuel payment, so please spread the word.

Women’s State Pension Age: PHSO Report

Baroness Janke Excerpts

Monday 28th October 2024 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, we understand the human impact felt behind the issues raised in this report. Retirement is a significant milestone that should, one hopes, be greeted with excitement rather than surprise. But I say to my noble friend that I do not think this Government could be accused of kicking the can down the road; the ombudsman published its report in March, we became the Government only in July and it is now October. Although I fully understand that he would like me to articulate a response here, I am sorry that I am not able to do so. However, I assure him that the Minister for Pensions met WASPI representatives recently—the first Minister to do that since 2016.

[Baroness Janke (LD)]

My Lords, by the time they reach 65, women will typically have £69,000 in their pension pots compared with the £205,000 the average man will have by the same age. What practical measures will the Government take to address the injustice of the pensions gender gap and enable proper security for women in retirement and old age?

[Baroness Sherlock (Lab)]

I am grateful to the noble Baroness for raising a really important point. The gender pensions gap starts with the gender pay gap. Therefore, the first thing the Government need to do is address the gender pay gap and we are committed to doing that. The national pay gap still stands at over 14%, which is really shocking. We know that most employers understand that, when women succeed, so does their business. We are committed to making sure reports are given. For example, gender pay gap action plans will be mandatory and will reflect the hard work of outsourced workers as well as employees.

The kinds of reforms that have taken place under successive Governments are beginning to change at least the way the state pension addresses the gap between men and women. In the new state pension, there is less of a difference because the old state pension was much more dependent on national insurance contributions and pay-related additional pensions, whereas the new one does not have that. The gap is closing, but in private pensions it is still significant, and we need to do more about that.

Social Fund Winter Fuel Payment Regulations 2024

Baroness Janke Excerpts

Wednesday 11th September 2024 Lords Chamber

[Baroness Janke (LD)]

My Lords, as other noble Lords have said, there is a sense of bewilderment for so many people at one of the new Labour Government’s first actions being to punish the poorest pensioners for the shortcomings of the previous Conservative Government by restricting winter fuel payments to those receiving pension credit.

Means-tested pension credit is renowned for its low take-up: 39% of those entitled to it do not claim it. At this point, I would like to welcome the Minister. I am sure she will recall that during her time in opposition, we worked on a cross-party basis to try to boost the take-up of pension credit, along with the noble Baroness, Lady Stedman-Scott, and the noble Lord, Lord Foulkes. However, despite a fairly vigorous campaign, its success was marginal and small. As the noble Lord, Lord Davies, has said, successive Governments have wrestled with this problem over the years and failed to crack it.

The reasons that emerged for the low take-up were the resistance of this generation of pensioners to what are perceived as state handouts; and that the level of bureaucracy, as has already been mentioned, but also the burden of proof of need are so demanding that many people are intimidated by the idea of claiming. Many older pensioners do not have access to the ICT equipment and skills which are essential to make a claim. I would be interested to know what action the Government will take, where so many people have failed, to increase take-up. Also, as the noble Baroness, Lady Stedman-Scott, has said, if they are successful, what will be the impact on the savings of £1.4 billion?

Age Concern tells us that more than 2 million pensioners will be harmed by this measure: some 1 million who are eligible for but not receiving pension credit; 1 million who are just below the pension threshold and on low incomes, about whom the noble Baroness, Lady Altmann, spoke so movingly; and 200,000 who have high energy costs due to disability or a health condition, or who have to live in poorly insulated homes. It is also true, as we have heard in this Chamber from many noble Lords, that many pensioners who receive winter fuel payments do not need them; but surely a blanket withdrawal with no time for those affected to plan and assess their financial circumstances is callous and arrogant.

It is also irresponsible to introduce such sweeping measures without a proper impact assessment, given the risk to vulnerable and elderly people. I was interested to hear from the Minister today that we need several months to conduct impact assessments and consultations on ticket touting, yet somehow this was inappropriate for a measure such as this.

Child Poverty

Baroness Janke Excerpts

Monday 29th April 2024 Lords Chamber

[Baroness Janke (LD)]

My Lords, the share of children living in absolute poverty has risen by its highest rate in 30 years. DWP figures show that that increase was the largest since records began in 1994-95. As the Library briefing tells us, UN findings show that the UK is an outlier compared to other countries, but it is clear from those reports that, with political will, child poverty can be significantly reduced. For example, Poland, Slovenia, Latvia and Lithuania have reduced poverty by more than 30%. In contrast, five countries—France, Iceland, Norway, Switzerland and the United Kingdom—saw increases in poverty of at least 10%; for the United Kingdom, the increase was actually 20%. Perhaps we need to look more closely at what others do as part of our strategy for eradicating poverty.

In the UK, we see disadvantaged groups becoming even more disadvantaged and deprived. Some 40% of children in Asian and British Asian families were in poverty as well as 51% of children in Black/African/Caribbean and Black British families, and 24% of children in white families. Some 44% of children in lone-parent families were in poverty—they are doubly disadvantaged, having only one parent—and 34% of children living in families where someone has a disability were in poverty.

The noble Lord, Lord Bird, said that he knows what the experience of poverty is, so he wants to look more at the causes. As far as I am concerned, the urgency of the situation needs to be appreciated, including how difficult it is for so many. As a former teacher, I have seen the situation for parents, for whom anxiety about how to feed their families, choices about paying for heating or food, and depending on free school meals and food banks to feed their families all contribute to intense stress. Yet 69% of children in poverty are in working families. This is not just about unemployment and what we hear about universal credit being about making people work; those in work are also suffering intense poverty.

Benefit rates take no account of the cost of a healthy diet for children who are growing and developing. A poor-quality diet based on cheapness often results in obesity, poor health and future lifelong health problems. The Government guide to a healthy diet would cost a family on benefit around 70% of its non-housing income.

Children may be directly disadvantaged in their development through a lack of equipment, such as IT to do schoolwork and homework, and by not attending educational visits and trips. Many experience a lack of confidence through social isolation, which can continue through life, affecting levels of ambition. Not surprisingly, areas of high poverty are also the areas with lowest attainment and educational outcomes.

Hunger is debilitating: insufficient food on a continual basis affects mental and physical health, as well as the capacity to learn. The economic cost of poverty is also high, as poor children become poor adults, needing more support from public services. The Child Poverty Action Group puts the cost of that at £39 billion a year.

Many of the root causes of poverty, as the noble Baroness, Lady Lister, said, lie with the benefits system, which, as she said, actually worsens the situation for many families. The notorious two-child limit has been the subject of much research, most recently carried out by Nesta. It shows that, by 2035, 750,000 families will be affected by this policy. The two-child limit has hugely increased pressure on and mental health problems for parents and has a detrimental effect on children’s development. Ending the two-child limit would take 500,000 children out of poverty.

A long-term strategy to tackle child poverty must address this as well as the inadequately financed benefit system. Public spending on families is only 60% of what it was in 2010. The strategy must also address low-paid work with zero-hours contracts, no sick pay and the lack of affordable childcare. Parents with children as young as three, even lone parents, are required to look for work. I support the aspirations of the noble Lord, Lord Bird, and thank him for his campaigning work on poverty and for securing today’s debate. Sadly, there are lots of questions and although his passion is very clear, we are still seeking the solutions. I do not think that any of us has a magic cure, but we would all be willing to join him in his campaign.

Guaranteed Minimum Pensions Increase Order 2024

Baroness Janke Excerpts

Tuesday 27th February 2024 Grand Committee

[Lord Davies of Brixton (Lab)]

My Lords, I feel obliged to make a contribution. As I said last year, if I was on “Mastermind” my specialist subject would be the GMP. I was waiting to pounce on the Minister if he missed anything out, but he provided a very comprehensive— I leave it to others to judge whether it was a clear—explanation of the system that applies.

The only thing I want to add is that, post 2016, retirees lose out on these increases and some of them are very angry about it. However, as the Minister indicated, they gain in other ways. The continued accrual post 2016 more than compensates for the loss of these increases—except, that is, for those who retired in the year 2016-17, because they did not get any additional accrual that counted towards their pension. I pointed that out at the time when the Act was going through but, as happens all too often, nobody listened.

[Baroness Janke (LD)]

I thank the Minister for his explanation, which was indeed very clear on a fairly complicated issue. We support this order but, at the same time, I would like to use this opportunity to raise some issues relating to pensions.

First, I welcome the Government’s support for retaining the triple lock. Although there has been a reduction of the numbers, there are still 1.7 million pensioners in poverty and the value of the state pension is still lower in the UK than in comparable countries.

The next thing I would like an update on is: what has happened about the large number of pensioners who are entitled to pension credit but do not take it up? Some of us had frequent meetings with the Minister’s predecessor about this. There were many suggestions as to how awareness could be raised and the potential benefits of the scheme promoted among poorer pensioners. Can the Minister update us on what measures have been taken to improve take-up and what level of success the campaign has achieved to date?

We also welcome the measures to expand auto-enrolment by giving powers to end the lower earnings limit and increase the eligible age range. Can the Minister provide us with a progress report on the implementation of these measures? Are the Government planning to review the rate of contribution, which quite a few people say is too low?

Have the Government taken any action on the pensions gender gap? The average pension for a woman aged 65 is one-fifth of a 65 year-old man’s, and women receive £29,000 less in state pension than men over 20 years. This deficit is set to continue, with all else being equal, closing by only 3% by 2060. What is the Government’s response to the embedded unfairness in this system? Will the Minister tell us what progress has been made in the Government’s plans to streamline tax administration, perhaps to enable low-paid workers, who are typically women, to receive pensions tax relief on their contributions?

A lack of awareness of the value of pension assets and pension complexity, as well as the increasing number of online divorces, has led to many divorced women having no pension savings at all. Women’s pension rights are much harder hit than men’s by divorce, so has any progress been made to ensure the fair sharing of pension benefits after divorce? I look forward to the Minister’s response.

Social Security Benefits Up-rating Order 2024

Baroness Janke Excerpts

Tuesday 27th February 2024 Grand Committee

[Baroness Janke (LD)]

My Lords, we too welcome the uprating of benefits and will support today’s SI but, as the noble Baroness, Lady Lister, has said, there are ever-rising numbers in poverty, as drawn to our attention by the Joseph Rowntree Foundation’s 2024 report on poverty, published a short while ago. According to its previous report, around 20% of the population were in poverty in 2020-21—around 13.4 million—of whom 7.9 million were working adults, 3.9 million were children and 1.7 million were pensioners. Poverty among people on universal credit remained high at the same time at 46%, it said,

“despite the temporary £20-a-week uplift and a resetting of Local Housing Allowance”

to better reflect the level of rents in an area. Poverty rates remained highest in the social and private rented sectors

“and much higher for households including a disabled person or an informal carer”.

The cost of living crisis is having a major effect on poorer families. The Joseph Rowntree Foundation’s cost of living tracker found the following shocking results in October 2022, across the poorest fifth of families: six in 10 families were unable to afford an unexpected expense; over half were in arrears; around a quarter were using credit to pay bills; and more than seven in 10 were going without essentials. The report found that there are elements in the benefit system that increase poverty, such as the two-child limit on income-related benefits, the benefit cap, the five-week wait for the first payment of universal credit and unrealistic debt repayment deductions. Will the Minister say what plans there are to reassess the impact of these measures? I have not been doing my job in this area for some time, yet I recall that, when I was, these measures were constantly raised as causes of poverty that need to be addressed.

The report finds that the level of benefits is inadequate for people to afford the basic essentials, which is a damning finding. It also urges a resetting of benefits that would ensure that income cannot fall below these levels through debt repayment deductions or repayment of advances. This is essential for people on benefits as a proper safety net, not just during the cost of living crisis but for anyone who is on benefits. When will a full assessment take place of the efficacy of universal credit as an adequate safety net for those who need it? What is the Minister’s response to these findings?

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for introducing this order and all noble Lords who have spoken. As he has explained, the Social Security Benefits Up-rating Order will increase most working-age benefits in line with CPI. We too welcome this instrument, because of course we want to see social security keep pace with prices, particularly at a time of spiking inflation and economic instability. That used to be the norm among both Labour and Conservative Governments, of course, but the past decade has seen a marked change.

There were of course the years of shame between 2013 and 2020, when most working-age benefits and tax credits were either frozen or uprated by small amounts, such as just 1%. Although today we are back to uprating mostly by CPI and occasionally by earnings, as my noble friend Lady Lister said, once again that uprating has been preceded by a period of speculation, which is deeply unhelpful. I can assume only that this is driven from somewhere inside the Government, because it happens too regularly. The speculation suggests that maybe this year the uprating will not be by the full amount or maybe will not happen at all.

As my noble friend mentioned, that speculation causes real stress and worry for people who depend on benefits and tax credits to survive. I begin to wonder: is it a strategy to allow Ministers the option of either freezing benefits or not uprating them fully so that, if they then finally do the right thing, people are supposed to be suitably grateful? As my noble friend Lady Lister pointed out, it is good that benefits are being uprated, but it is not an act of unusual generosity; it is simply a decision not to cut the value of benefits during a cost of living crisis.

This instrument, as we have heard, also increases the state pension by earnings in line with the triple lock. I accept the distinction that my noble friend Lord Davies helpfully made. The rates of basic and new state pensions will rise by 8.5%, as will the standard minimum guarantee in pension credit and the higher rate of widows’ and widowers’ pensions in industrial death benefit. However, this does not apply to a number of the others. I will be interested in the Minister’s response to that. In particular, can he explain the position on the deferred state pension? If someone chooses to defer their state pension and the pattern is that the deferred amount is uprated by CPI rather than the triple lock, are they made aware of that? When people make a decision about deferral, do they understand the consequences?

I had some other questions on pensions and pensioners but I was entirely thrown by the decision to separate these two instruments this year. Most years, we do them together in a single block, so I wrote a wonderful speech waxing lyrical and weaving in pensioners and old age, but now here I am. I shall come back, if the Minister will indulge me, to a couple of more general questions on pensioners when we come to debate the next instrument.

The context for this year’s uprating, as my noble friend Lady Lister expounded in some detail—aided ably by the noble Baroness, Lady Janke—is absolutely brutal. I will not repeat the extensive critique that my noble friend made or her unpacking of the economic climate in which so many families are living, but it is brutal. The basic fact is that there are now more than 4 million children living in poverty. There are 400,000 more children living in poverty now than when Labour left office in 2010.

One of the things that bothers me about this is that, whenever somebody raises this, the Minister—I know it is in his brief—will at some point in the response use the line that the Government believe that work is the best route out of poverty. Yet, clearly, the facts speak for themselves: more than two-thirds of children who live in poverty have parents in work. Something in that picture does not work. It is something that all of us in politics must address.

We in Labour have been looking at what we would do. We have a plan to give people a better life, so that they are able to make ends meet and have a good start for their children. We are looking at making sure that there is a breakfast club in every primary school and at giving people access to cheaper energy and an insulated home. We will reform universal credit, jobcentres and employment support so that people can get a better job with better pay. We will also have a child poverty strategy. Can the Minister tell the Committee in his response what the Government’s strategy is? What is their plan to do that? Other than simply declaring that work is the best route out of poverty, what is the Government’s plan to deal with the challenge of child poverty today? I look forward to the Minister’s response.

Social Security Benefits Up-rating Order 2023

Baroness Janke Excerpts

Wednesday 22nd February 2023 Grand Committee

[Baroness Janke (LD)]

My Lords, as the two previous speakers said, I am sure it will be a matter of great relief to the poorest citizens and families that this year there is a realistic rise, unlike last year when, despite forecasts from the Bank of England of inflation rising to 7.9%, the rise in benefits and pensions was only 3.1%. Other speakers have referred to the distress suffered by so many citizens who have had to manage with that, despite the crisis in energy costs and the cost of living, and the pressures that have been put on families and individuals in recent months.

Some evidence of the level of distress caused by this policy is the increase in the use of food banks. The number of food bank users increased to over 2 million in 2022, of whom 832,000 are children. A measure that was intended for emergency charitable use has now become a national institution and without it many impoverished families would go hungry.

The increase in short-term government funding is a positive step and it is to be welcomed that it is excluded from the benefit cap. I share the views of the noble Lord, Lord Davies, on the triple lock and agree that we should retain it until the state pension has regained much more of its value, because it is taking quite a time to catch up. Large numbers of the poorest pensioners are dependent on the state pension but that is sometimes not appreciated. We hear quite a lot of speeches from people nowadays saying that the triple lock should be abolished because everybody is jolly too well off; in fact, large numbers of pensioners are completely dependent on the state pension so to those people, it is absolutely crucial that it retains its value.

We would also like to see an extension of auto-enrolment to younger workers and those on lower incomes. They could get started a bit earlier and would welcome that in their older age.

I also recognise the campaign on pension credit and know that the noble Baroness, Lady Stedman-Scott, was keen to pursue it. It has encouraged me greatly to hear the adverts and to hear from the Minister today that the percentage of take-up has increased so much. I would certainly like to have a look at that.

The uprating increase of 10.1% will, we hope, provide more protection to those on limited incomes but the situation for many families does not improve—it only worsens. We have heard from the noble Baroness, Lady Lister, about the benefit cap and although it will be uprated today it has quite a bit to catch up. The benefit cap has been found by many studies to be a major contributor to poverty in families. There are 123,000 households subject to that cap. That is 64% higher than before the pandemic; 85% of them are families with children and 65% are lone parents. The benefit cap takes no account of the size of a home needed to house a family, so the freezing of the local housing allowance at the March 2020 level, despite rapidly increasing rent costs, will mean more capped households falling into poverty.

I have these questions for the Minister. What will the Government do to prevent a new wave of homelessness following the freeze in the LHA? I point out to him that in my city of Bristol, for example, the cost of a one-bedroom home at the 30th percentile is 7% higher this year. But with housing benefit still frozen, there is now a shortfall of £18.41 a week between what can be claimed and what has to be paid.

What plans do the Government have to review the range of evidence about the benefit cap? I am sure the noble Baroness, Lady Lister, can provide plenty. She has certainly made that case very articulately many times. I feel it is time that the Government re-evaluate and look into the circumstances that this is causing. I would also like the Minister to look at the findings of studies of the two-child limit. This seriously disadvantages families. It was championed by the Government as an incentive to people on benefits to work. However, official statistics show that most families affected are in work while a study found that those affected felt strongly that the two-child limit unfairly punished hard-working, low-income families at a time when they needed most support, that is, at the birth of a child. I hope that we may revisit that.

All in all, I am grateful that we are having a much more realistic increase this year. I hope that some of the points made by other noble Lords about the delay and distress caused by the way that the increase is calculated can be looked at. I hope that we will look again at how some of the most vulnerable underprivileged families, and particularly children, are faring under the current benefits scheme.

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for his introduction and all noble Lords who have spoken. As my noble friend Lady Lister said, it is nice to have the band back together again. I also find it very moving that people turn out every year to try to make the case and to bear witness to the struggles that so many people around the country have and why it matters.

I will talk briefly on each order in turn. If we come back again, I notice that it has been nice to have had the Minister here previously as a Whip, although if one can be here one year as a Whip and the next year as the Minister, perhaps his noble friend to his right should be thinking very carefully about what might happen next year if he is not very good indeed.

I shall run though each order in turn, although probably not in the order the Minister did. GMP is really interesting. As we have heard, this gives schemes the percentage by which they have to uprate GMP between 1988 and 1997. I have a really simple question: can the Minister remind the Committee why the cap was set at 3%? That makes me Clive Myrie to the contestant behind me, my noble friend Lord Davies, who asked a much better question, so I will simply wait and let the Minister answer that instead. It will be very interesting.

Is there any reason why the Minister thinks we ought to worry when the gap is so big between the cap at 3% and the prevailing inflation rate at 10.1%? Is there any cause for concern there?

The only other point I want to raise on GMP is that some people with a large GMP lost out when the new state pension was introduced in 2016. The Minister will be aware that the Work and Pensions Select Committee called on the Government to identify those who were affected, calculate their losses and get in touch with them. Obviously that did not happen. The Parliamentary and Health Service Ombudsman reported on two cases of people who complained that they had not been given enough information by the DWP about the fact that the reforms could leave them worse off. The ombudsman said that the DWP failed to provide clear and accurate information despite being warned, with the result that some people were not aware that they might need to make alternative provision for their retirement. The ombudsman recommended that the DWP should

“review and report back its learning from our investigations. In particular”,

it should improve its communications on this issue. In response, in August 2021, I think, the DWP finally published a fact sheet on GMP and the effect of the new state pension. I then read with fascination the growing correspondence between the Select Committee and successive Pension Ministers, driven, I think, by correspondence from members of the public who were concerned about the effect. For the record, I commend the Committee for its detailed and tenacious work on this frankly very technical issue.

I shall ask the Minister two brief questions. First, now that there is a fact sheet, what is DWP doing to draw its existence to the attention of those who might need to know about it? Secondly, can the Minister tell the Committee how many people have successfully applied, or indeed applied at all, for any compensation since the PHSO report?

I now turn briefly to the draft Benefit Cap (Annual Limit) (Amendment) Regulations because the case has been made so well by my colleagues that there is not much left for me to say. As we have heard, the Secretary of State is required to review the level every five years. My noble friend Lady Lister and the noble Baroness, Lady Janke, have set out the background to how we got here and the consequences of the failure to uprate it hitherto. I remember the then Secretary of State Iain Duncan Smith saying very clearly that the original rationale for the policy was to ensure that people who were unemployed and on benefits would not receive more than average earnings. We had a debate at the time because, for example, child benefit also goes to those on average earnings. However, even allowing that for the moment, the problem with that argument is that the level of the cap was not in any way tied to average earnings. Having brought it in in 2013, not only was it not increased but it was reduced in 2016 and never increased after that until these regulations. Is the Government’s rationale for the benefit cap still related to average earnings? If not, what is the rationale, so we can assess how effectively the policy is achieving its objective? Has DWP made any assessment of the impact of the benefit cap on child poverty? If not, would it like to?

I turn now to the draft Social Security Benefits Up-rating Order, which we debate every year, except during the years of shame. It is worth reminding ourselves for the record that before 2010 annual uprating of benefits by at least inflation was the norm for both Conservative and Labour Governments. However, between 2013 and 2020 this was abandoned, with most working-age benefits and tax credits being either frozen or uprated by just 1%. The reason I continue to repeat this, even in a year when they are being uprated, is because that means that most benefits and credits have fallen in value even before the latest cost of living crisis. Many noble Lords have expressed relief that, finally, having debated the alternatives and being subject to pressure from around both Houses and outside, the Government decided to raise benefits and tax credits in line with CPI last September.

However, as my noble friend Lady Lister said, this is not an act of unusual generosity. It is simply a decision not to cut the value of benefits in the middle of a cost of living crisis, which should be a pretty obvious decision. To do the alternative would have consequences that we have heard about already. Of course, as noble Lords have pointed out, the reference point is the 12-month CPI rate in the previous September. When inflation is as volatile as it is now, that gap can cause real hardship. If we go back a year to last April, inflation was nearly 10%, but benefits were uprated that month by just 3.1%—the CPI rate from the previous September, and that loss of value is baked in because it is the basis for this year’s increase.

The result of this is that the value of out-of-work benefits is at a historically low level, as my noble friend Lady Lister said. As the noble Baroness, Lady Janke, said, it is no wonder that food bank use is at a new high. Trussell Trust food banks gave out 1.3 million parcels between April and September, which is up by one-third on the year before and includes an estimated 328,000 people using its food banks for the first time, so new people are being drawn into the need to use food banks to survive. The Trussell Trust thinks that this winter will prove to be its busiest ever. I want to put something in particular to the Minister. The Prime Minister told the Liaison Committee in December that he very much hoped that food bank demand would be lower by the end of this Parliament. Is there any plan in DWP to take action to make sure that this will actually come to pass?

Although most working-age benefits will be increased by 10.1%, there will be no change to two crucial benefits: first, the childcare element of universal credit and tax credits and, secondly, the local housing allowance, as mentioned by my noble friend Lady Lister and the noble Baroness, Lady Janke. Why are those two not being uprated? Is the presumption that they are not affected by inflation in the same way? Childcare is in crisis. We know that employers are desperate for staff and parents cannot afford childcare. I notice that we keep seeing media briefings appearing about possible benefit crackdowns and how people need to work more hours. Can the Minister confirm whether it is the case now that the childcare support in universal credit is sufficient to cover part-time hours only because the cap in it has been frozen for so long? Of course, that is not to mention the fact that for parents to get that help, they have to pay the money up front for childcare and then claim it back. That makes it a non-starter for most parents who are poor enough to be entitled to universal credit in the first place in the middle of a cost of living crisis. Can the Minister tell us what the plan is to address this?

--- Later in debate ---

[Viscount Younger of Leckie (Con)]

In which case, I apologise. I would normally take note and come back with some answers. Of course I will include the noble Baroness; in fact, I will include any Peer who has taken part in this debate in my letters about anything that I am not able to answer.

The noble Lord, Lord Davies, and the noble Baroness, Lady Sherlock, said that the Government need to be clear about why we are raising the guaranteed minimum pensions by 3%. For the pre-2016 pensioners, the Government meet the difference; for post-2016 pensioners, we do not—however, these people benefit from transitional protection. I hope that gives some form of an answer.

The noble Baroness, Lady Sherlock, raised communication. A fact sheet covering the policy change was published on GOV.UK in August 2021—I see that she is nodding at that—which invited people to write to the department if they wanted an explanation of how they had been affected by the policy change. One request for compensation has been received so far, which is interesting. As of 25 January, we do not yet know the outcome of that claim, but I hope that provides an answer.

The noble Baroness also asked about the benefit cap increase linked to child poverty. As she will know, the Government are fully focused on tackling the root causes of poverty, such as children’s education and parental worklessness, to improve the lives of people in our country. She will know that the best way of doing that is for us to have a strong economy and get people into work. As mentioned earlier, the proposed levels will mean that households will be able to receive benefits up to the value of gross earnings of around £26,500, or £31,300 in London.

The noble Baroness, Lady Lister, asked about low pay and whether the Low Pay Commission—the LPC—would include in its deliberations the adequacy of benefit rates. I thank the noble Baroness and will draw the Treasury’s attention to that.

There are a number of other questions that I need to answer, but we probably need to draw a halt, as time is running short.

[Baroness Janke (LD)]

Please can I have some answers to my questions, perhaps in writing?

[Viscount Younger of Leckie (Con)]

Yes, of course. To conclude, I beg to move.

Local Housing Allowance Rates

Baroness Janke Excerpts

Wednesday 22nd February 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

Yes. My noble friend makes a good point, and it may well be that better communication is required. I will certainly look into that. However, local authorities, as I said earlier, have broad discretion to spend in line with their local priorities, supported by the non-statutory guidance provided by my department. That provides a list, crucially, of priority groups to assist with their decision-making. Obviously, that needs to be informed perhaps by better communication in terms of where the needs are. There is no evidence that it is not working, but I will look at that.

[Baroness Janke (LD)]

My Lords, there is evidence that the freezing of the local housing allowance affects families most severely, particularly those subject to the benefit cap and, most particularly, lone families. In his reply to the noble Baroness, Lady Lister, the noble Viscount mentioned the importance of targeting resources where they are needed. How can he justify this policy given that we know what the effect will be?

[Viscount Younger of Leckie (Con)]

I would answer that by saying that it is not a question of justifying it but of looking at the whole way in which we are helping people at the moment. That is why it is worth reminding the noble Baroness that, for example, working-age and disability benefits will increase by 10.1% in 2023-24, which I will be speaking to later in the Moses Room. In addition, the benefit cap will be increased in line with CPI. We understand the pressures that people are under and that is why we will also deliver further cost of living payments worth up to £900 for claimants on means-tested benefits, £300 for pensioner households and, as I mentioned yesterday, £150 for those on disability benefits.

Disabled People: Impact from Policies and Spending Cuts

Baroness Janke Excerpts

Tuesday 21st February 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

The noble Baroness raises an important point. I think it might be helpful to remind her that the Minister for Disabled People announced on 1 December last year that a new disability action plan will be consulted on and published in 2023. The groups the noble Baroness mentioned will be part of that. It will set out the immediate action the Government will take in 2023 and 2024 to improve disabled people’s lives, as well as laying the foundations for a longer-term change. The plan will reference the work already being taken forward by individual government departments, but I know that there is more to do in this area and she is right to raise it.

[Baroness Janke (LD)]

My Lords, a decade of tightening eligibility for out-of-work sickness benefits on top of cuts to rates means that disabled people are now far more likely to be found incorrectly fit for work than awarded benefits they do not need. When will the Government take action to do something about this injustice?

[Viscount Younger of Leckie (Con)]

We certainly keep this under review. The noble Baroness will know that SSP is administered and paid entirely by employers, at a rate of £99.35 per week. Employers are required to pay it, but as I say, this matter is kept under constant review.