Children and Families Bill

Debate between Baroness Lister of Burtersett and Baroness Howe of Idlicote

Wednesday 29th January 2014 Lords Chamber

[Baroness Lister of Burtersett]

My Lords, I rise partly to support my noble friend and the noble Lord, Lord Ramsbotham, but primarily to use the opportunity to thank the Minister for listening to what was said in Grand Committee and by the Joint Committee on Human Rights—up to a point. With regard to Amendment 59C, I fear that we are still talking past each other. The Joint Committee on Human Rights amendment, which I moved in Grand Committee, was not intended to provide an exhaustive definition of children’s rights, as the noble Lord suggested in his letter to my noble friends Lady Hughes and Lady Jones on 22 January. The purpose was to include the UNCRC rights explicitly in the statutory definition of children’s rights for the purposes of defining the Children’s Commissioner’s primary functions. But I do not wish to be churlish, and therefore I welcome this unexpected concession.

I also strongly welcome the publication before Report of the updated framework agreement between the Office of the Children’s Commissioner and the department, and even more because it incorporates the changes recommended by the JCHR and includes a clear statement of the commissioner’s independence. I welcome, too, the amendments designed to strengthen children’s participation.

I hope that the Minister will be able to go one step further, as asked for by my noble friend and the noble Lord, and strengthen the powers and independence of the Office of the Children’s Commissioner just that little bit more.

[Baroness Howe of Idlicote]

My Lords, I support Amendment 59A and I also strongly support Amendments 59B and 59F. I address this from the viewpoint of the children themselves. Children and young people care about the independence of the Children’s Commissioner and support the proposal to prevent any interference by government as set out in Amendment 59A.

In a briefing put together by young people in partnership with Save the Children, they say quite rightly that the commissioner is for them and that it is important that the Government listen to their views on the issue of independence. The young people understand the importance of the commissioner being free to do his job properly. In particular, they are worried about future Governments interfering in the commissioner’s work. Mohamed, aged 16, said:

“If the Commissioner’s full independence is not clearly set in stone then a new Government would be able to change its mind … If it’s not [written down in law] it could change in a few years-time. Even if the Children’s Commissioner has the freedom now to do what they think is right, there’s no guarantee it wouldn’t change”.

So young people are concerned that without this amendment, children may think that the commissioner is not a proper champion of their views and rights, and they may not put their trust in the commissioner.

Young people say that without a fully independent champion, children could grow up to feel disengaged from their community and local and national politics. Najib, aged 12, said:

“If the children’s commissioner isn’t completely independent then young people will feel like they don’t have a voice. When they grow up they may not have the confidence to speak out and join in as they’ve felt that no one has listened to them when they were growing up”.

I hope very much that the Minister will consider young people’s views on this issue and I very much support the proposal brought forward on this by the noble Baroness, Lady Massey.

Children and Families Bill

Debate between Baroness Lister of Burtersett and Baroness Howe of Idlicote

Monday 18th November 2013 Grand Committee

[Baroness Howe of Idlicote (CB)]

My Lords, I support Amendment 243 because it throws into the ring just how absurd this situation is.

Alas, we all know that this sort of action and reaction exists in this country. Female genital mutilation is exactly the same thing; it is happening, it has been happening. We turn a blind eye. We do not want to offend certain organisations and people. We are all against it, of course. The very first Minister I heard who actually understood what was going on completely denounced it, but even that led to no action being taken—you see what we are facing.

What we have heard today should make us stand up and decide in favour of some real action. The amendment has put us on the spot: we should have done so. It certainly should put the Government on the spot, if I may say so, because it is now time for some much more positive action in this respect—and I hope that they will rise to the challenge.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak very briefly in support of Amendment 246.

I cannot see any justification for excluding part-time educational institutions. Corporal punishment is corporal punishment; the impact on the child is the same, whether it takes place in a full-time or a part-time educational institution. Therefore, I hope the Minister will support the amendment—or, if not, will explain why.

Welfare Reform Bill

Debate between Baroness Lister of Burtersett and Baroness Howe of Idlicote

Monday 12th December 2011 Lords Chamber

[Baroness Lister of Burtersett]

My Lords, I am not going to add to the very powerful case that has already been made by my noble friends Lady Bakewell and Lady Pitkeathley. I simply wanted to seek some clarification of what was said in Committee, when a number of us put the case for a carers disregard, and the Minister said in his reply:

“Rather than going through the complexity of the separate disregard route, we have provided an additional element that is included in the gross amount of the universal credit for carers. That is a change from carer’s allowance”.—[Official Report, 1/11/11; col. GC 443.]

I am rather confused by this, because it seemed to me that it was muddling up carer’s allowance—a very important benefit, which some of us would like to see higher than it is at present—and the support provided to carers through means tested benefits such as income support.

Because I worry about my memory for the intricacies of social security I did not challenge the Minister at that point, but afterwards I sought guidance from Carers UK. It, too, was very confused by what the Minister said, and wondered whether or not the Minister—I hate to say this—was perhaps confusing carer’s allowance and means tested support for carers. Because the position is not changing, I do not see how the removal of a disregard can be justified on the basis of what happens with carer’s allowance. Universal credit is not replacing carer’s allowance. There is an element in means tested benefits for carers that will continue, but it is nothing to do with whether there is a disregard or not. It wondered whether the Minister is promising a higher premium for carers under universal credit. That would be excellent news if it were the case, but I rather doubt it. Could the Minister perhaps clarify what he meant in Committee, because it did not seem to me that it was answering the kind of case that has been made by my noble friends; namely, why is it that carers are the only group to lose the disregard that they currently have?

[Baroness Howe of Idlicote]

I hope noble Lords will forgive me; I was a few minutes late in coming in, so I missed a little bit of what the noble Baroness, Lady Bakewell, said. As I was listening I wondered to what extent more carers would or could be encouraged to be carers if in fact such a situation as she was proposing existed. Perhaps I am looking at this in a slightly disorganised way, but if there is an answer to my question, I would like to know it.

Welfare Reform Bill

Debate between Baroness Lister of Burtersett and Baroness Howe of Idlicote

Tuesday 1st November 2011 Grand Committee

[Baroness Howe of Idlicote]

My Lords, I am delighted to have actually made it. With regard to the previous amendment and the proposal for pilots, it may well be that pilots are relevant here, too.

This amendment would introduce a specific earnings disregard within the universal credit to ensure that carers juggling work and care are not left worse off as a result of the new system of disregards. Approximately 250,000 carers currently in receipt of the carer premium to means-tested benefits such as income support, will be moved to universal credit. Under that, the earnings taper will be more generous than the withdrawal rate of existing benefits. Many claimants who are in work, including many carers able to juggle work and care, will be able to keep more of their benefits as they earn. However, this will depend on which earnings disregard they have access to and their level of earning.

Under existing plans, it appears that certain groups of carers would see the size of their earnings disregard in universal credit reduced, compared to their existing income support disregard. Currently, individuals in receipt of income support are eligible for a £20 a week earnings disregard, that is £1,040 a year, which allows them to earn £20 a week before their benefits start to be withdrawn. The Government have announced the following disregard groups for universal credit claimants, with approximate disregard levels: for a single person without children it is £700, about £13.50 a week; for a couple it is £1,920; for a lone parent £2,260 plus £520 for the first child and £260 for the second and third children; and for single disabled people or a couple where at least one person is disabled it is £2,080.

The Government have said that, taken together with the taper, this would leave couples, singles, lone parents and disabled people significantly better off in low-paying jobs. That is good as far as it goes. However, it does not apply to single carers, who currently have access to £20 income support through receipt of the carer premium, but who would be able to access only a basic single person disregard of about £13.50 a week under universal credit. Although £13.50 would be an improvement for unemployed single people being moved onto universal credit from jobseeker’s allowance, where they currently receive only £5 a week disregard, it would see the earnings disregard for single carers on income support drop from £20 a week, that is £1,040 a year, to £13.50 a week, or £700 a year.

Those carers who would see their disregard reduced would be those unable to access the higher disregards for couples, lone parents and those with children or covered by a disability disregard. Carers losing out would be those living on their own, who do not have children and who are caring for a disabled person who does not fall within their universal credit household. This latter group includes carers looking after a disabled or elderly friend or relative living elsewhere and carers looking after an adult disabled child, a parent or other elderly relative living with them but who is not considered to be within the same household for the purpose of universal credit.

The Government have estimated that around 20 per cent of households that receive means-tested benefits and include a carer would not have access to any of the higher disregards for couples, lone parents or households that include a disabled person. With approximately 250,000 carers on means-tested benefits, this would leave approximately 50,000 carers able to access only the lowest earnings disregard if they were able to juggle work and care.

I end with a case study to put this in perspective. Sheila is on income support and cares for her mother, who is 58, has early-onset dementia and receives disability living allowance. Sheila is single and has reduced her working hours as a librarian to just two hours a week. She currently earns £20 a week and, because of the existing £20 disregard, her benefits are unaffected. Under universal credit she would be eligible only for a single person's earnings disregard of £700 a year—around £13.50 a week. Sheila's earnings above £13.50 would be subject to the universal credit taper, which would mean that she would be £15.75 better off from her £20 earnings. She would be £4.25 a week—£221 a year—worse off than under the current system even though she would be earning the same amount.

I will not go on to outline the full impact because I have given an impression of what it would be. I look forward to hearing how this unfairness can be tackled. I beg to move.

[Baroness Lister of Burtersett]

My Lords, I am pleased to support the amendment moved by the noble Baroness, Lady Howe of Idlicote. I am glad that she was able to get to her place in time. I welcome the fact that a single person's disregard was included in the latest round of announcements about universal credit. I also welcome the more generous disregards being made available for most recipients.

I have banged on for many years about the importance of disregards. For me, this is one of the plus signs of universal credit. However, the interaction with housing costs and the complexities that will be created have qualified my enthusiasm for the new disregard regime. It sullies the supposed simplicity of universal credit. I came across some of my noble friends one evening last week wandering around in a state of utter confusion, trying to understand various calculations that we had been given on disregards. I should add that these noble friends are extremely expert.

Just how complex the calculations are was brought home to me by Sue Royston of Citizens Advice, who kindly e-mailed me to point out the implications for carers. I will read out what she said because if I try to paraphrase it I could get in a hopeless mess and get it all wrong. She wrote:

“The proposed levels of disregards have added a whole new area of complexity ... The new disregards have given single adults a disregard floor of £13.50. I have assumed in the calculations that CTB will pay council tax in full for those on JSA or ESA levels and that any excess earnings will be clawed back at a 65% taper as I would be very surprised if any Local Authorities were more generous than this. For the first £13.50 a single claimant will not be subject to a taper of UC but will be subject to a CTB taper so will gain 35% of their earnings. However, every £10 they earn beyond that will be subject to a taper of 35 per cent from universal credit and will then be subject to a further taper in council tax benefit, leaving them with a gain of £1.22 for every £10 they earn … a single carer who at the moment can simply earn £20 and keep all £20 as well as their benefits in full will now have to earn over £55 even to get a £10 gain if they pay council tax at £18. When someone is no longer subject to the combined taper will depend on the amount of council tax they are responsible for paying”.

She goes on to observe that:

“People will have to go through complex calculations to work out given extra costs of working, what level of hours they can afford to work and how much they will gain at different levels of income”.

I hope that I have not lost noble Lords in that, but if I have, it makes the point that this is extremely complicated. If we cannot understand it, how do we expect recipients and carers who are trying to juggle work and care to do so?

Juggling work and care is no easy matter. I have not had to do it myself, but anyone who has done so or with relatives who have knows that it is difficult and stressful. According to Ipsos MORI research commissioned by Carers UK and the DWP for Carers Rights Day 2009, about one in six carers had given up work or reduced their working hours in order to care. A major barrier is the availability of suitable replacement care. In a separate survey and research by Carers UK and the University of Leeds, over 40 per cent of carers who gave up work did so due to a lack of sufficiently reliable or flexible services. A similar percentage, 41 per cent of those surveyed, said that they would rather be in paid work, but that the services available do not make a job possible. I am not saying that a disregard will magically create these services, but it would certainly help to pay for the things needed to support the combining of paid work and care. We know the arguments around childcare, but we seem to forget them when we talk about other forms of care.

There is evidence about the stress and ill-health suffered by carers who do this juggling act, and of course we are talking about more women than men here. That is because while,

“women represent 58% of all carers, they make up 73% of carers on benefits. They are substantially less likely to be in work. One third of heavy-end male carers are in full-time work, but only 13% of heavy-end female carers are working full time”.

I, too, will end with a case study which I have been given by Carers UK, and I have a couple of questions.

“Cheryl is 45 and lives in Stoke on Trent—she has been her elderly father’s full time carer since her mother died in 2008. Spinal problems, a heart condition and arthritis mean her father needs full time care so he has come to live with Cheryl, her husband and their 5 year old son. Alongside providing childcare and supporting her father with everything including eating and personal care, Cheryl works for an hour on three evenings each week as an NHS cleaner, once her husband is home from work and can support her Dad and son. The only social care support she gets is six hours of respite care each Monday—time she uses to do food shopping and spend some time with her son who she hardly sees in the evenings. She wants to work more”—

clearly she has the same philosophy as the Government in that she believes in paid work—

“but has no one else to look after her Dad, can’t afford replacement childcare and would have to find a different or second job as her current employer is not able to give her more hours. Any work has to fit around her son’s school hours, school holidays, her husband’s working hours and his ability to provide childcare and her father frequent doctors, physio and hospital appointments during the day”.

That gives a flavour of how difficult life can be for carers. As I have said, a more generous disregard is not a magic wand, but it could ease that life and it is a way for the Government to say, “We recognise that the position of carers is different from that of other single adults”. It has been recognised in the past that there is a case for a higher disregard for carers.

Can the Minister explain why carers appear to be the only group whose earnings disregard will be reduced as they move on to universal credit? Not surprisingly, there is a feeling that that is discriminating against carers. Secondly, what assessment has been made of the impact on carers and particularly on their work incentives?