Welfare Reform and Work Bill

Debate between Baroness Pitkeathley and Baroness Meacher

Monday 21st December 2015 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I speak to Amendment 94—I emphasise that it is a probing amendment. I do so in the hope that we can highlight the need for a comprehensive and regular review of the impact of the totality of the benefit cuts on specific groups—who are the most vulnerable—applied during the past few years, including those in the Welfare Reform Act 2012, in more recent legislation and in this Bill. The amendment requires that in carrying out a review of the benefit cap, the Secretary of State must include an assessment of the impact of the benefit cap on disabled people, their families and carers. I for one have not fully grasped the full impact of the multitude of cuts. At the very least, I believe that the Government have a moral obligation to understand the implications of their policies for the most vulnerable citizens in this country and to make public that information. That is what this amendment is about.

The benefit cap applies even to benefits designed to compensate for the extra costs of disability or caring for disabled people, including ESA WRAG, incapacity benefit, severe disablement allowance and carer’s allowance. We know that one-third of disabled people—fully 3.7 million—live below the poverty line already. The benefit cap combined with the freezes and cuts to employment and support allowance for those in the WRAG group will see disabled people’s incomes reduced significantly again. This significant reduction is from a level which is already below the poverty line.

The Government argue that the new lower, tiered cap has been designed to strengthen the work incentives for those on benefits. When I met the Minister from the other place, he said, “The whole point of this is to encourage people to work for more hours”. I find that so cynical, when most of these people simply cannot work more hours for a range of reasons. However, as we have argued previously in Committee, the Government have provided no evidence to back up the claim that cutting benefits that disabled people receive will incentivise them to work. As I have already indicated, the Government’s reference to an OECD study failed to point out that the study did not even refer to disability throughout, and rightly so—of course, people who are disabled are in an entirely different position from those who are healthy and able bodied. We have evidence that reducing disabled people’s incomes will make it harder and not easier for them to move into work.

In addition, the impact assessment provides no detail on the impact of lowering the cap on disabled people who are in receipt of DLA/PIP—those who are severely disabled and cannot do much about their situation. This amendment has no financial consequences. I hope that the Minister will take this matter away with a view to bringing back a government amendment on Report.

I support Amendment 93 tabled in the names of the noble Baroness, Lady Lister, the noble Lord, Lord Kirkwood, and the noble Earl, Lord Listowel. The case for the amendment has been eloquently spelt out and, fortunately, I do not need to add to that. I hope that the Minister will assure the Committee that this crucial issue will be dealt with on Report.

[Baroness Pitkeathley (Lab)]

I add support to the amendment just spoken to by the noble Baroness, Lady Meacher, to which my name is added. While an exemption for households including a DLA or personal independence payment claimant exists, this does not protect all families affected by disability or all carers from the cap. That is because of the way in which “household” is defined in the benefits system. For the purposes of the benefits system, a household is considered to be an adult, their partner if they have one and any children they have under the age of 18. If any other adult relatives—for example, older parents, brothers or sisters, or even adult children—live in the same house, they are considered to be part of a different benefits household even though they all live together. This means that while carers looking after disabled partners and disabled children aged under 18 are exempt from the cap, those caring for adult disabled children, siblings or elderly parents are subject to it.

The Government’s impact assessment for the introduction of the benefit cap estimates that 5,000 households containing carers would be affected by it. That seems to be completely contrary to the Government’s policy on supporting carers. In its 2015 manifesto, the Conservative Party committed to provide more support for full-time carers. The fact that the benefit cap continues to apply to carers and the further lowering of the cap are entirely contrary to that commitment. The inclusion of the carer’s allowance in the list of capped benefits also goes against the commitment to protect vulnerable families that are coping with the extra costs of disability and ill-health. I will have more to say about the inclusion of carer’s allowance and the recent judgment in a later set of amendments.

Carers struggle every day with the extra costs of caring and it is clear, as the noble Baroness said, that many carers are absolutely unable to work as a result of heavy caring responsibilities. Therefore they cannot afford any reduction in their income at all, and yet the Government continue to cap their benefits, with those carers who fall within the scope of the cap losing up to an estimated £169 a week under the new cap compared with the position before the introduction of the policy. The benefit cap places an increasing financial and emotion strain on families, pushing carers to breaking point and ultimately threatening the sustainability of those caring relationships. Surely the Government must be prepared, at the very minimum, to assess the impact of these changes.

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[Baroness Meacher]

My Lords, in moving Amendment 75 I shall speak also to Amendments 78, 80, 81 and 83. The amendments seek to exempt those in receipt of carer’s allowance or disability benefits from the cap. I shall talk about the two groups, carers and disabled claimants.

As Carers UK has pointed out, unpaid carers save the state an estimated £132 billion per year. Clause 7 includes just one of a number of measures which will have a damaging impact on the finances of the 6.5 million carers in the UK. The lives of carers are already extremely hard. A Carers UK survey of 4,500 unpaid carers, mostly caring for 50 or more hours a week, shows that almost half of them, some 41%, are cutting back on essentials such as food and heating—one wonders what else they could cut back—while 45% said that financial worries are affecting their health. I want to draw to noble Lords’ attention the fact that Clause 7 breaches a Government election manifesto commitment to increase support for full-time unpaid carers. The cuts set out in Clause 7 and elsewhere in the Bill come on top of previous changes which Carers UK estimates will result in a cut to carers’ incomes of more than £1 billion between 2011 and 2018. I would be grateful if the Minister responded to this point.

The Government’s impact assessment identifies that 6% of carer’s allowance recipients will be subject to the cap. Those who have had their benefits capped at £26,000 will lose an average of a further £64 per week. The figure of 6% may seem small, but for every one of those families it will be devastating. The cumulative impact of the cuts, together with the cut to WRAG benefits and further reductions in local government funding, will inevitably undermine the capacity of many carers to continue their invaluable caring work. I know that carers looking after disabled partners and disabled children aged under 18 are exempt from the cap, but why are those who care for adult disabled children, siblings or elderly relatives not also exempt? I would be grateful if the Minister explained this. Why should one group of carers be given preference over another group? Surely that is an anomaly.

The Minister will be aware that on 26 November 2015 the High Court ruled that carers in receipt of carer’s allowance should be exempt from the benefit cap following a judicial review challenge to the policy and its impact on carers and the disabled, seriously ill or older loved ones they support. The judge’s comments will be known to the Minister, but I want to quote one short passage in which he concluded that, “With carers being unable to mitigate the cap, this endangers the sustainability of the caring role and indirectly discriminates against the disabled person, who will no longer be able to receive care”. What do the Government plan to do in response to this ruling? I hope the Minister will clarify the position for noble Lords.

Recent DWP research shows that households containing carer’s allowance claimants subjected to the cap are more likely to move into work than those not capped. To what extent has the cap already led claimants to abandon their caring responsibilities in order to return to work? How many disabled people have moved into residential accommodation as a result? The implications for social care services and costs to the public purse may be considerable. Does the Minister have information on this point? In fact, will the cap save money as far as it affects carers, or will it cost the Exchequer a great deal?

I will say a brief word about the amendments aimed at excluding disabled people’s benefits from the calculation of the cap for any household. We have already discussed the severe consequences of this Bill for disabled people, particularly if all the cuts go through unmodified. I want to say in the context of Clause 7 only that disability benefits were introduced to compensate disabled people for the additional expenditure they incur because of their disability. If these benefits are included in calculating the cap, families with a disabled member will be poorer than able-bodied families. They do not benefit in material terms from their disability benefits, because all those benefits do is compensate for the higher costs of travel, heating and so on than able-bodied families incur. Is it the Government’s intention to hit disabled people particularly hard with this legislation? If they wish to treat disabled people on an equal basis with others, disability benefits should indeed be excluded from the cap calculations. I would welcome the Minister’s comments on this point. I beg to move.

[Baroness Pitkeathley]

My Lords, I rise to strongly support the amendment moved by the noble Baroness, Lady Meacher. We have said already that the cap is applied unequally to carers. While I welcome the exemption for households in receipt of PIP or DLA, it means that carers who are considered to be not in the same household as the person they care for will be penalised.

Welfare Reform and Work Bill

Debate between Baroness Pitkeathley and Baroness Meacher

Monday 7th December 2015 Lords Chamber

[Baroness Meacher (CB)]

My Lords, Amendment 3 seeks to exclude all families with a disabled child from the two-child limit on receipt of the child element of child tax credit and the child addition within universal credit.

I have also tabled Amendment 8, which is more limited in the protection it affords. Amendment 8 would exclude any disabled child from the number of children considered in relation to the child element of universal credit. Thus, if Amendment 8 were accepted by the Government, a family with four children, one of whom is disabled, would still lose the child element for the third non-disabled child. I argue very strongly for Amendment 3, but Amendment 8 would be a great improvement on the Bill as it stands. At this point, I pay tribute to Rob Holland from Mencap for his considerable help with the Bill.

Families with disabled children face financial and other stresses which are not faced where all the children are healthy and able-bodied. These families have extra costs for special aids, adaptations to their homes, and additional clothing and travel costs. The travel costs of medical appointments alone can be very considerable. One family, for example, reported regularly having to get to three appointments a week, and this can rise to as many as seven. The appointments are at four different hospitals, involving additional petrol costs, depreciation of the car and, most particularly, parking fees. Another family talked of their child often breaking bedroom furniture and other items due to the frustration of their disability, which then had to be replaced.

The enormity of the cuts envisaged for families with disabled children is quite extraordinary. While I know that the Government are committed to a much smaller role for the state in future, can it be right to hit the most disadvantaged the hardest? Without these amendments, the two-child limit for claims of child tax credit means that if a two-child family has a third child who is disabled, the family will be £2,780 per year, or an average of £50 or so per week, worse off than they would be under the current provision. This loss must be considered alongside the substantial fall in the level of the disability element of child credit under universal credit. The current value of that benefit is £57 per week, whereas the disability addition in a family’s universal credit entitlement will be worth only £28 a week—a loss of £29 per week. I understand that, in all, a new claimant family with three children, one of whom is disabled, will be about £79 per week worse off when these two changes come into effect than a family currently claiming equivalent benefits. Will the Minister confirm whether or not he agrees with these figures?

Research conducted by the Children’s Society and Citizens Advice in 2012 into the two-child limit for child tax credit found that the impact could be disastrous for the health and well-being of the children. Two-thirds said that they would have to cut back on food, more than half said that it would lead them into debt and more than one in 10 feared that they would have to give up their home.

Have the Government assessed the impact of these cuts on the number of children placed in residential care? There seems little doubt that all parents will be less able to cope with a disabled child at home if money is as tight as highlighted by the Children’s Society and Citizens Advice. What would be the net savings to the Exchequer, having taken into account residential care costs of a proportion of the children involved, as well as other costs of health and social care? I would be grateful if the Minister could clarify whether work has been done to clarify the net savings from the two-child limit in the context of the other planned benefit cuts, and taking account of increased government spending on other services. If this analysis has not been done, does the Minister agree that these changes should not go ahead until the Government have a clear understanding of these points? As one parent put it, “We would face the choice of increased debt or the eventual institutionalisation of our child”.

The Government may be assuming that local authorities will take over the burden of these family costs. I understand that this simply will not happen. In fact, among the families already receiving additional support from local authorities, about 60% said that that support had been cut over the past year, and there will be more cuts to local authority services in the coming years.

A big concern is lone parents with disabled children. Many years ago when I was training to be a social worker, which I did for a few years, I spent six months working in a school for severely handicapped and disabled children. I found myself running a group for the parents of those children. The group comprised about 14 parents, every single one of whom was a single mother. The fathers had apparently walked out some time after the disabled child was born. If these mothers had also abandoned their disabled children, the state would have had to take care of the children and pay the bill. The impact of the two-child limit will be greatest for these parents.

In a meeting with Ministers about tax credits, I was told that the Government expected claimants to work extra hours to make up for their losses. However, these lone parents with disabled children are not able to make up the shortfall by working extra hours. The simple fact is that the disabled children and their healthy siblings will suffer if this measure goes ahead. I understand that the Government recognise that some groups—I think it is two groups—should be exempted from the two-child limit for the child elements of child tax credit and universal credit. I hope very much that the Minister will today assure the Committee that he will give serious consideration to exempting families with disabled children from this particularly savage cut. I beg to move.

[Baroness Pitkeathley (Lab)]

My Lords, I support these amendments. It is very important to remember that being the parent of a disabled child is not the same as being a parent. It is sometimes very difficult to get that point over. I remember that when we discussed the Children and Families Bill, officials and even Ministers said, “I am a parent and I do not need any extra support”. However, this is not the same as being a parent of a normal child, if I can put it that way. We all expect to care for our children until they are 18, and many of us for much longer than that but, for a parent who is caring for a disabled child, that caring is likely to be a lifelong commitment— your life or their life. That is the point we have to remember. That lifetime commitment means that these parents face huge problems. They face practical problems, particularly when services are being cut and there is not enough support. They also face very severe emotional problems. As the noble Baroness reminded us, marriage breakdown is very common where there is a child, or more than one, with disabilities. These parents also face financial problems, which is what we are concerned with here. I suggest that most households with a disabled child already face financial hardship, even without these changes. More than half—53%—of parent carers answering the State of Caring survey in 2015 said that they were struggling to make ends meet.

Research shows that it is three times more costly to bring up a disabled child than a non-disabled child, as we have been reminded. Some 34% of sick or disabled children live in households where there is no adult in paid work compared with 18% of children who are not sick or disabled. Four in 10 disabled children live in relative income poverty once the additional cost of their disability is accounted for. Last year, the Carers UK Caring & Family Finances Inquiry found that parent carers of disabled children were one of the groups least likely to be in employment. As one carer said: “I gave up work thinking I would be able to return within a year or two once I got my daughter the support she needed. Little did I know how poor local services were and I am still caring years later”. That carer will probably be caring all her life and certainly for all the life of that disabled child. Surely we are not thinking of making hard lives even harder by these pernicious changes. I support the amendment.