Universal Credit

Baroness Sherlock Excerpts

Wednesday 4th February 2015 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, I, too, am grateful to the noble Lord, Lord German, for giving us the opportunity to debate this issue again and to all noble Lords who have contributed tonight. I am particularly grateful to the right reverend Prelate the Bishop of Portsmouth for sharing his experience. It was a brave thing to do, and we benefited greatly from it—and to the noble Baroness, Lady Miller, for the same thing. To come to the House and share things from one’s knowledge is one thing, but to share it from one’s experience is quite another. I really appreciate that.

I, too, have some experience, but from rather longer ago. My mother died when I was eight, and my father had to cope. He did go out to work, but that had consequences as well. It may have been unrelated—and I did not realise it until some time later—but I went on to run a charity that worked with single parents, so I met a number of single parents who had become so involuntarily, because their partner or spouse had died. I am very conscious of the consequences of that, so I am grateful to have the opportunity to talk about this today.

We heard evidence during previous stages of the Bill, when many of us were assembled—and particularly from the noble Lord, Lord German, who talked about the longitudinal study, to which he referred again tonight, and about the importance of the capacity and availability of the other parent. So we know quite a lot about what it is that makes a difference. I absolutely take the point made by the noble Baroness, Lady Finlay, that the impact on the children is often hard to detect from their initial behaviour. They can be told to be brave because mummy or daddy is struggling—so they can often end up behaving in ways that may seem not to be distressed when, actually, they are.

I am very grateful to the Minister for having agreed during the passage of the Pensions Bill to take this issue away. When he comes to reply, I would be very grateful if he could take the House through what happened in the review, as the noble Lord, Lord German, suggested. What advice was he given and what brought him to make the decisions that he or the Government did in its wake?

As I understand it, the Government’s intention is that bereaved parents should not have conditionality applied for the first six months of universal credit after bereavement. I confess that, when I was trying to go through all the repeatedly amended regulations, I struggled to find the section where that is set out. I would be grateful for my own ease in my future work if the Minister would share that with us. The Government then brought forward the Universal Credit and Miscellaneous Amendments (No. 2) Regulations 2014, which amended the universal credit regulations. Regulation 8 seems to have the effect that work search or availability requirements may not be imposed on a parent or responsible carer claiming universal credit in the event of the death of the child’s other parent or carer or a sibling or another adult living in the family, or if the child has suffered or witnessed violence or abuse.

The bit that I am not clear about is that, from my reading of the regulations, the suspension of conditionality seems to be available not if the parent can demonstrate the distress of the child but if they can show that their childcare arrangements have been significantly disrupted as a result of the events that have happened. Could the Minister clarify that? When the Minister for Employment, Esther McVey, made a ministerial Statement in another place on 23 October 2014, she said:

“We do not intend to seek evidence of the child’s distress, but rather on how the situation has impacted the day-to-day functioning of the parent/family”.—[Official Report, Commons, 23/11/14; col. 82WS.]

She gave the example of having to go to statutory appointments. Is that the intention, and could the Minister elaborate on that?

I would like also to understand a few other questions. First, is anyone currently affected by these provisions? The answer may not be known because of timing, but perhaps the Minister could advise us on that. Could he give us a sense of how many parents he thinks might be eligible when it is rolled out fully, and what sort of take-up he expects? Furthermore, what steps have the Government taken or will they take to make sure that any parent who is eligible is aware of these provisions, particularly the extra one-month provisions?

When we debated the Pensions Bill in Committee, my noble friend Lady Hollis expressed a lot of concern about the level of discretion being awarded to young staff. The question of the training of work coaches has been raised by various noble Lords. In addition, what work has been done with decision-makers? He may be able to explain this to us, but my understanding is that, if a bereaved parent does not fulfil the work requirements because, for example, they have not been able to demonstrate what is needed to get the extra month, or maybe they need more than a month, presumably the work coach would refer them to a decision-maker in the department, who would sanction their benefit—in other words, stop or reduce their universal credit. Is that the case? Could the Minister confirm that? If so, what steps have been taken to train the decision-makers to understand the consequences of these provisions? If that is the case, if the person then wished to challenge a decision, would they have to go through the process as with other benefits of first seeking mandatory reconsideration from the department before being allowed to appeal a decision? If so, how long could that take? We are getting reports of delays of many months with regard to other benefits—but I hope that that will not apply here.

The Childhood Bereavement Network was mentioned by the noble Baroness, Lady Finlay. I am sure that we have all had briefings from that organisation, and the Minister will be aware that it remains very concerned about the provisions. What plans do the Government have for evaluating those provisions, and at what stage? Would the Minister be willing to commit to sitting down again with key stakeholders at a certain period, perhaps after a year or two, to discuss with them the evidence and see whether it has worked as they hoped it would?

On the childcare point, if it is the case that the parent would have to demonstrate that their childcare arrangements had been significantly disrupted, what would happen in the case raised by the noble Baroness, Lady Finlay, of a teenager who manifests some behaviour—for example, by developing an eating disorder or getting into trouble at school? A teenager would not necessarily have childcare and a parent of a teenager would be expected to go to work full-time. So there may be no disruption to childcare in that case, but the parent might then feel that the right thing would be to be at home every day when that teenager came home from school to make sure that the new problems that had manifested themselves were dealt with. How would that work?

Finally, how will in-work conditionality be applied for this group? If a bereaved parent of a teenager takes a job below the target for a single earner—in other words, less than the equivalent of a full-time job at the minimum wage—as I understand it, the in-work conditionality rules for universal credit would mean that they would be called and then required to go out and increase their hours. What steps will be taken to make sure that they may need to work only school hours or fewer hours in that circumstance? Could the Minister explain that?

I want to say how much I appreciate the fact that he has taken the issue away and taken the time and trouble, as with so many aspects of universal credit, to supervise it personally. I know that he cares very much about how it works in practice. Therefore, I look forward to what he has to say.