Social Security (Additional Payments) Bill

Baroness Stedman-Scott Excerpts

3rd reading & 2nd reading & Committee negatived
Monday 27th June 2022 Lords Chamber

Moved by

[Baroness Stedman-Scott]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, the Government are fully aware of the acute pressures that families across the UK are under due to the rising cost of living. This is why we have brought forward this important Bill to your Lordships’ House.

A series of global economic shocks have led to price rises unseen in the UK for decades. As a result, families up and down the country are seeing their budgets squeezed, with many struggling to make ends meet. That is why we have decided to provide more than £15 billion of further support, targeted at those in greatest need. This is on top of the £22 billion announced previously, bringing the Government’s support for the cost of living to more than £37 billion this year. This £37 billion includes the means-tested and disability additional payments for which the Bill makes provision, as well as a one-off increase of £300 to the winter fuel payment for pensioner households, a non-repayable £400 discount in their energy bill this autumn for domestic electricity customers in Great Britain—the UK Government are working to ensure that the people of Northern Ireland receive the equivalent of this support as soon as possible—and a £150 non-repayable rebate on council tax bills for all households in bands A to D in England, to name only a few measures we have taken.

Although we as a Government have always been open about the fact that we cannot cover every situation or solve every problem, we are committed to going further to provide support to relieve the financial pressure people are facing. Taken together, this £37 billion package will provide at least £1,200 of additional support for the majority of households least able to afford the rising cost of living. The Bill before the House today builds on that commitment and will enable us to make additional payments targeted to those on the lowest incomes. It legislates for two additional payments which form part of our wider package to support families with the cost of living. The first is a direct cost of living payment of £650, split into two separate payments of £326 and £324, which will go to more than 8 million people receiving means-tested benefits. The second is a £150 payment to disabled people on a qualifying disability benefit. This will be paid on top of the cost of living payment for people who are eligible, and is estimated to benefit 6 million disabled people. Both new payments will be delivered by the UK Government to eligible households across the UK.

Social security is a transferred matter in Northern Ireland. However, this Bill will legislate for the whole of the UK in the absence of a fully functioning Assembly and Executive. This approach has been agreed by the caretaker Minister for Communities in Northern Ireland, who has also laid a Written Statement confirming this position. The timing of both payments will differ. For the cost of living payment, the first payment of £326 for households claiming a DWP means-tested benefit will be paid from 14 July, with the second payment of £324 coming in the autumn. Payments to those claiming tax credits only will be paid later to avoid duplication. Those not eligible for the first payment in time may become eligible for the second payment if they receive a qualifying benefit in the month before the next eligibility date.

We have intentionally excluded the second eligibility date from the Bill to prevent increasing fraudulent applications for benefits and fraudulent reporting of changes of circumstances. The Secretary of State will lay further regulations to specify the eligibility date for the second payment; however, it will be no later than 31 October. For the disability payment, those on a qualifying disability benefit will be paid from September. Where eligibility at the qualifying date for any of these payments is established beyond the expected payment dates, people will still receive the cost of living or disability payment, albeit at a later date. Both payments are tax free and will not count towards the benefit cap or affect existing benefit awards.

For families who miss out on this additional support but still find themselves in additional need, the Government are providing an additional £500 million to help households on top of what has been provided since October 2021, bringing total funding for this support to £1.5 billion. In England, an additional £421 million will be used to extend the household support fund from October 2022 until March 2023. Also, the Barnett formula will provide around £79 million to the devolved Administrations.

This deliberately straightforward Bill, stretching to only 11 clauses, will enable us to get support to families in need swiftly and without the need for additional bureaucracy. No one eligible for these additional payments will need to fill out any forms to claim them and payments will be made automatically. We have deliberately kept the rules for these payments as simple as possible because this is the only way of ensuring that we can develop the systems and processes required to deliver them at pace.

I know that many of your Lordships take a particular interest in delegated powers, of which this Bill makes provision for two. The first allows the Government to set a second eligibility date for the second part of the cost of living payment; the second is to facilitate the existing overpayment and recovery procedures for the qualifying benefits, to be applied to the cost of living payment. These are powers to allow for the effective administration of the payments, particularly to protect the public purse. I note that, in its report, the DPRRC raised no concerns for the Government to respond to.

This Bill will make a real difference in easing the stresses being felt by people up and down the country by supporting them on the rising cost of living at this most challenging time, and doing so simply and swiftly. I commend it to the House.

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

I thank all noble Lords for their contributions to the debate today. I hope we agree that this package of support will make a significant difference to families up and down the country, notwithstanding the points that have been made.

As I said earlier, the Government are committed to going further to provide support to relieve the financial pressures families are facing. The measures announced by my right honourable friend the Chancellor will provide an estimated millions of low-income households with £1,200 of one-off support in total this year to help with the cost of living, with all domestic electricity customers receiving £400 through the energy bills support scheme. This Bill will give us the necessary powers to deliver the additional payments set out in this package to families on the means-tested and qualifying disability benefits which we have been debating today.

There were a huge number of questions, which I shall endeavour to answer. There are some where I will have to write and the answers will be much better if I do so, so I hope noble Lords will accept that.

The noble Baronesses, Lady Lister and Lady Sherlock, asked why we are not uprating benefits. The one-off cost of living payment will enable timely direct transfers, ahead of the next uprating review of benefits and pensions, which will commence in the autumn, with any change in rates being payable from April 2023. This will help to support households most in need in managing increased costs. Our cost of living policy will also provide a payment of £650, as we have already said, whereas uprating the same benefits by 9% from April 2022 would be worth, on average, only £530. These payments will be tax-free, will not count towards the benefit cap and will not have any impact on existing benefit awards. This approach will allow households to retain the full value of the payments they receive. There is no need for people to fill out complicated forms, as we have tried to reduce bureaucracy.

Separately from the 2022-23 cost of living support package, benefit and pension rates are subject to an annual review. As mentioned by the Chancellor on 26 May, the uprating of benefits is a matter for the Secretary of State for Work and Pensions. Her annual statutory review of benefits for the tax year 2023-24 will commence in the autumn, when she measures inflation using the September consumer prices index. Following completion of her review, the Secretary of State’s decisions will be announced to Parliament in November. For the avoidance of any doubt, we are committed to the triple lock for the remainder of this Parliament.

The noble Baroness, Lady Lister, asked whether the uprating process will be adjusted in the future. The work of the department in 1975 was mainly undertaken by hand and on a claim-by-claim basis. It was therefore possible to uprate twice in one year, provided the trained manpower resources were available or could be secured. The department began to computerise the payments of benefits in the mid-1980s; we have indicated the constraints of the core IT systems in undertaking a mid-year uprating and the risk that would pose to payments. The Social Security Administration Act 1992 provides for a statutory annual review of uprating and is the basis on which Parliament has required successive Secretaries of State to act. The requirement is for one review each tax year.

The noble Baroness, Lady Lister, asked how long it will take to uprate all benefits, including UC and legacy benefits. I will need to write to her on that, which I will do and place a copy in the Library. She also asked about the flat rate of payments not tailored to circumstances. She said that this disadvantages children in large families and that the issue should have been solved by uprating benefits. The Government are committed to providing direct and timely relief to those who need it most through these one-off cost of living payments. Flat-rate payments are the quickest way to deliver support to those who need it most; they will allow us to make timely transfers to more than 8 million people and 6 million disabled people before the next benefit uprating in April 2023. As I have said, we have deliberately kept the rules as simple as possible. The Government are spending over £5 billion on qualifying means-tested benefits—around £2 billion more than the additional cost if the qualifying benefits increased in July 2022 to 9% higher than the previous year.

The noble Baroness, Lady Lister, who has been very busy, asked about the focus being on reforming UC and said that the two-child limit means that people do not receive enough money. Statistics from the Office for National Statistics show that in 2021, of all families with dependent children, 85% had a maximum of two in their family; for lone parents, this was 86%. The Government feel it is proportionate and fair to taxpayers to provide support through child tax credit and universal credit for a maximum of two children.

[Baroness Lister of Burtersett (Lab)]

I am sorry to interrupt the Minister. Clearly, we cannot amend this legislation but I think it is accepted across the House that there is nothing in here for children. Can she take that message back to her colleagues in government and could they look at other ways they might be able to help children during this period?

[Baroness Stedman-Scott (Con)]

I am always happy to take things back to the department and am quite prepared to do that. I may need a little more information from the noble Baroness, but I am sure that will be forthcoming.

The next review of the benefit cap has been raised. As all noble Lords will know and as we have said many times, our statutory duty is to review the levels of the cap at least once in every five years and this will happen at the appropriate time. The current unusual economic period, with potentially counterintuitive and shifting trends, will need to be considered in the context of any decision in respect of the review.

The noble Baronesses, Lady Lister and Lady Sherlock, raised their concern about those who receive two lots of earnings in one universal credit period not being eligible. We anticipate that the vast majority of people entitled to one of the qualifying benefits will receive their first payment. Because of a change of circumstance, however, some may not qualify. Again, we have deliberately kept the rules simple and, unfortunately, it is not possible to distinguish those who have a permanent increase to their earnings from those whose earnings temporarily fluctuate. If a UC claimant’s income subsequently falls, these claimants will return to having a positive award after the cut-off date and may be eligible for the second cost of living payment, worth £324.

The noble Baronesses also raised a point about people who become eligible later. Where a person is found to be eligible for a qualifying social security benefit or tax credit payment but did not receive a payment, a retrospective payment will be made automatically. This could occur if a claimant successfully challenges the DWP’s decision on their social security benefit entitlement.

The noble Baroness, Lady Lister, and the noble Lord, Lord Fox, asked why we are excluding those in receipt of the carer’s allowance from the cost of living payment. Nearly 60% of working-age people on carer’s allowance will get a one-off payment as they are on means-tested or disability benefits. Carer’s allowance recipients will benefit from the £400 per household with a domestic energy supplier, provided through the energy bills support scheme.

The noble Baroness, Lady Lister, asked why we are excluding those on contributory based benefits from receiving the one-off payment. Non-means-tested benefits are not eligible benefits in their own right, but low-income recipients can claim an eligible means-tested benefit alongside them. Contributory and new-style benefits were not included because people claiming these benefits may have other financial resources available to them. They may also benefit from other parts of the package of support, including the £400 per household domestic energy help. Claimants who require further financial assistance may be eligible for universal credit; if their claim is successful, they may then qualify for the second cost of living payment in the autumn.

The noble Baroness, Lady Lister, raised the important issue of children—and I agree with the noble Baroness, Lady Sherlock, about the knowledge and experience the noble Baroness has in this area. I am advised that this is an issue where we will need to write to the noble Baroness. We will probably need to have some continued communication to ensure that I answer her questions to the level and standard that she wishes.

The noble Baroness, Lady Lister, and the noble Earl, Lord Clancarty, asked about fluctuations in earnings. As I have said, we have deliberately kept the rules as simple as possible. I have said before that it is not possible to distinguish between those who have had a permanent and temporary increase. I do not think I can say more on that at this point.

On the minimum income floor, which was raised by the noble Baroness, Lady Lister, and the noble Earl, Lord Clancarty, it is the same thing: we have deliberately kept the rules as simple as possible. For those who are not eligible for this support, or families that still need additional support, the Government are providing the household support fund with an additional £500 million to help households on top of what has been provided. Since October 2021, the household support fund has gone up to £1.5 billion. In England, this will take the form of an extension to the household support fund backed by £421 million and administered by local authorities.

[The Earl of Clancarty (CB)]

I thank the Minister for giving way. On the concern I raised about the minimum income floor and fluctuating incomes, can the Government keep an eye on this? It would be very helpful if the noble Baroness could promise to do that. She says that it is very simple, but maybe it is too simple for this particular problem. If the Government could keep a close eye on that, it would be helpful.

[Baroness Stedman-Scott (Con)]

I am very happy to go back to the department and request that. I am not in a position to commit to doing it, but I will go back and write to the noble Earl with the outcome of those discussions.

Another important point that the noble Baroness, Lady Lister, raised was about how we are making customers aware of these payments. We are working on an extensive communications plan. There will be digital advertising, social media and display materials such as posters and leaflets for jobcentres and stakeholder premises.

The noble Baronesses, Lady Lister and Lady Sherlock, raised the issue as to whether the household support fund is sufficient. Local authorities in England have ties and local knowledge to best determine how this support should be provided to their local communities. They have the discretion to design their own local schemes within the parameters of the grant determination and guidance to the fund. We are going to publish new guidance for local authorities for this latest extension of the household support fund ahead of the fund going live at the start of October.

The noble Earl, Lord Clancarty, asked about low-income and self-employed people. We accept that earning patterns can vary substantially and it would be impossible to choose qualifying dates that work for every person on UC. However, a second qualifying date certainly reduces the risk that those with non-standard pay periods on UC miss out on a cost of living payment altogether.

The noble Lord, Lord Fox, raised the point about whether the Government are putting up taxes during the cost of living crisis and whether taxes should actually be reduced. The actions the Government have taken to return the public finances to a sustainable path post Covid mean that we are in a strong position to respond to the cost of living challenge. The Government’s goal is to reform and reduce taxes. The Chancellor’s Spring Statement set out the Government’s tax plan, which includes reducing the tax burden on working families by increasing the threshold at which people start paying NI contributions—a tax cut worth over £330 for a typical employee—and by cutting fuel duty by 5p for 12 months. The tax plan also shares the proceeds of higher growth with working people across the country by cutting the basic rate of income tax by one percentage point to 19% from April 2024, saving more than 30 million people £175 per year on average.

The noble Lord, Lord Fox, asked whether the cost of living payments are a sticking plaster. In total, the measures the Chancellor announced in May provide support worth £15 billion. Combined with other plans, as I have already said, this raises the money to support people during this cost of living crisis to £37 billion. This is more than or similar to the support in countries such as France, Germany, Japan and Italy. Importantly, around three-quarters of that total support will go to vulnerable households.

The noble Lord, Lord Fox, asked whether the Government were wrong to reduce the £20 uplift to universal credit. It was always to be a temporary measure, and it was a temporary measure. I do not think there is anything else I can say to noble Lords about that.

The noble Lord, Lord Fox, asked what we are doing to help people in rural areas. The boiler upgrade scheme has a budget of £450 million to support households in England and Wales to make the switch from fossil fuels to low-carbon heating. This helps people in rural areas transfer from fossil-based fuels to low-carbon heating with grants of £5,000 towards the cost of installing an air source heat pump, £6,000 toward the cost of a ground source heat pump and £5,000 for biomass boilers for properties not suitable for a heat pump, provided they are in a rural location and not connected to the gas grid. The home upgrade grant will provide upgrades to low-income rural households living off the gas grid in England to tackle fuel poverty and meet net zero. The Government have allocated £1.1 billion to the home upgrade grant over the next three years.

Again, the noble Lord, Lord Fox, asked why we are delaying half of the £650 to later in the year. Cost of living payments for those on means-tested benefits are deliberately being delivered in two payments to help support budgeting. This approach will also ensure that any newly eligible claimants can be paid the £324 payment even if they did not get the £326 payment and that all recipients of the second payment receive this closer to winter.

The noble Lord, Lord Fox, asked whether we were being more generous to those on means-tested benefits and said that £650 is not going to scratch the surface. The Government are providing over £15 billion in further support, as I have said. Three-quarters of it will go to low-income households. Each cost of living payment will be paid to 8 million people on a means-tested benefit. Millions of the lowest income households will get £1,200 of one-off support. I have said that the Secretary of State will use the CPI in September to decide on the uprating of benefits.

The noble Baroness, Lady Sherlock, asked what impact the cost-of-living crisis is having on poverty. The latest available—

[Lord Fox (LD)]

I thank the Minister for giving way. I appreciate the spirited defence of the measures that the Minister has just made. I am assuming that the Prime Minister was fully aware of what the Government are planning in terms of support when he spoke on Friday. On Friday, the Prime Minister unequivocally said that we are not doing enough, and we need to do more. Would the noble Baroness therefore agree with her own Prime Minister that the Government are not doing enough and need to do more?

[Baroness Stedman-Scott (Con)]

I agree that the Government have made great strides in providing additional finance. If my Prime Minister said that we need to do more, he was not saying that we are not doing enough. This will probably get me into trouble, but he would be daft to say that we need to do more in the current climate. It has been very nice knowing you all in this job.

[Noble Lords]

Oh!

[Baroness Stedman-Scott (Con)]

On the impact of the cost of living crisis on poverty, the latest available poverty statistics cover 2021 and projecting what has happened to poverty since then is complex and inherently speculative. It requires projecting how incomes will change for every individual in society; these are affected by a huge range of unknown factors. However, the Treasury published distributional analysis showing that the full package of measures announced on 26 May is well targeted at households on low incomes.

The noble Baroness, Lady Sherlock, asked why we waited so long to bring the measure forward. As the Chancellor set out, by waiting to know what the autumn and winter energy price cap is, we were better able to design and scale our policies across the package.

I am conscious that I have not answered every question—oh, here we go.

[Baroness Sherlock (Lab)]

Essentially, noble Lords all around the House have said, “This system is so simple but it’s creating rough justice. What will the Minister do?” The Minister’s answer is, “Give us rough justice, but that’s because the system is so simple”. All that everybody has asked today is, does the Minister understand that lots of people will miss out and others will get much less than they need? Are the Government going to even begin to think about addressing that in some way to mitigate it—yes or no?

[Baroness Stedman-Scott (Con)]

I cannot accurately answer that question because I honestly do not know, but I do know that, all the way through Covid and this cost of living crisis, the Government have responded at different times to issues raised in relation to additional support. All I can say is that I do not see that changing. I am sorry but I am afraid that I cannot give the noble Baroness the answer she wants, although I am quite sure that the Government will want to—I see that the noble Baroness is standing up; would she like to speak again?

[Baroness Sherlock (Lab)]

No.

[Baroness Stedman-Scott (Con)]

We will have to invent a board game for the Chamber. I know that I have not answered some questions, and I am sorry, but time is marching on. I will endeavour to write to all noble Lords whose questions I have not answered and to those to whom I have promised to write.

This Bill will enable the Government to provide support to families most in need across the country. I thank all noble Lords again for their contributions. As ever, I would be happy to speak to any noble Lord who wants to discuss particular issues further and, as ever, my door does not know how to close; it is open.

Bill read a second time. Committee negatived. Standing Order 44 having been dispensed with, the Bill was read a third time and passed.

Gender Pensions Gap

Baroness Stedman-Scott Excerpts

Monday 27th June 2022 Lords Chamber

[Lord Davies of Brixton]

To ask Her Majesty’s Government what steps they are taking, if any, to address the gender pensions gap.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, this Government recognise the challenge of the gender pensions gap, primarily resulting from labour market participation differences. We are working with employers and partners on ways to address this, including by promoting women’s progression in workplaces and introducing shared parental leave and mandatory gender pay gap reporting. Automatic enrolment and the new state pension are enabling more women to build up pension provision in their own right, reducing historic inequalities in the pension system.

[Lord Davies of Brixton (Lab)]

My Lords, I thank the Minister for her reply and the Government’s recognition of the seriousness of the pensions gap. However, she must also know that her reply was insufficient in tackling this problem. The problem of the pensions gap is multifaceted: it is double the gap in pay—so, clearly, there are many issues involved here. Will the Minister agree that, to a significant extent, it is a carers’ pensions gap, and that any solution must involve better pensions for unpaid carers? The only solution to that will involve action by the Government directly to provide pensions for carers.

[Baroness Stedman-Scott (Con)]

I can respond to the noble Lord: where carers are working, they will be automatically enrolled, if eligible, into a workplace pension. If they earn below £6,240, they can still ask to be enrolled into the scheme, even though they are not automatically put into it. We have committed to remove the lower earnings limit; that benefits lower earners, including carers, working part-time. In addition to carer’s credit, there is a wide range of national insurance credits available to help people maximise their state pension.

[Baroness Hussein-Ece (LD)]

My Lords, the Minister said that she wanted women to progress in the workplace, but she must know that one of the biggest inhibitors to women progressing in the workplace is taking time out—as has been mentioned—to care for children, families and, in later life, elderly relations. Can she more specifically say what policies the Government are introducing to address this gap: the disadvantage of women who are having to take time out? Will the Government look at recommendations from experts, such as an additional state pension credit for those who are not working because they are looking after children under 12, and measures for affordable childcare to be more widely available so that women who are trying to work can do so? Currently, the cost of childcare is prohibitive for so many women returning to work.

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

I think that the whole House will agree with the noble Baroness about childcare. There is work going on, first, to ensure that people are claiming what they are due and are receiving the help they should for childcare. However, that does not deal with the problem as it stands. So I can tell the noble Baroness that the Government are looking really carefully at childcare and are working with employers to see what they can do on flexible working to ensure that women can take their rightful place in the workforce.

[Baroness Drake (Lab)]

My Lords, the Minister’s reply reveals a disappointing tolerance of carers’ inequality. Caring is an economic activity, resulting in millions of women having to take periods out of the workforce, work fewer hours and receive lower pay. They are excluded from auto-enrolment into a workplace pension. They pay the penalty of lower pensioner income on a lifetime. When will the Government restore the principle that existed prior to 2016 so that carers are credited with benefits into the second-tier pension? The Government can do that tomorrow if they wish and restore the principle that existed prior to 2016.

[Baroness Stedman-Scott (Con)]

Carer’s credit is a national insurance credit available to people who provide care for one or more individuals for at least 20 hours a week. It can help individuals gain qualifying years that count towards the new state pension. Under new state pension reforms, carer’s credit has equal value to that of someone who pays national insurance contributions. In addition to carer’s credit, as I have already said, there is a wide range of other national insurance credits available to help people maximise their state pension entitlement.

[Baroness Altmann (Con)]

My Lords, does my noble friend agree that there is a particular problem in this area with the situation for women on divorce? Although the Government have introduced pension sharing orders for divorce, do they have a figure for how many or what proportion of divorcing couples actually share the pension? Many men will say to their partner, “Oh, my pension is not worth terribly much”; it is then ignored and solicitors do not always get involved or advise women. Will my noble friend join me in commending the MoneyHelper service, Pension Wise, which has just established a helpline for women on divorce and encourage take-up?

[Baroness Stedman-Scott (Con)]

Pension sharing on divorce is an option that can help women when their marriage or civil partnership breaks down. It enables part or all of a person’s pension to be transferred from the former spouse as part of a settlement. This can help couples divide what might be one of their largest assets. I fully take on board my noble friend’s point about the extra effort to make sure that women—and, indeed, men—know about the helpline. To ensure that divorcing couples are aware of that option, the Government are looking to improve signposting to information about pension sharing on divorce when implementing the reforms to divorce law.

[Baroness Sherlock (Lab)]

My Lords, to get a sense of scale, I wonder whether the Minister has read the 2019 report from the Pension Policy Institute. It found that, by the time they got to their early 60s, women’s median private pension worth was a third of what it was for men. Given that women tend to live longer than men, that is a massive problem. It means that they are going to be poor in retirement. There have been lots of different reasons but the report found that key drivers were women taking time out of the labour market, as has been mentioned, caring for older relatives and children. If the things that the Minister describes were working, we would not have this problem, would we? What is the Government’s plan to put it right?

[Baroness Stedman-Scott (Con)]

In relation to the point that many noble Lords have made about the time women have out of the workplace, I have outlined national insurance credits. In terms of the specifics that the Government are doing, I will need to write to the noble Baroness because I am not fully up to date on them.

[Lord Forsyth of Drumlean (Con)]

My Lords, would my noble friend like to remind the House that pensions are not provided for by any fund and come out of taxation? The fact that the Government have been able to increase the pension by the rate of inflation as from September is to their enormous credit. It is an enormous bill and the Government cannot do everything.

[Baroness Stedman-Scott (Con)]

I completely agree that the Government cannot do everything. It just is not possible. The triple lock is being restored for the rest of the Parliament and I think that, in the circumstances we are in, the Government have done a fine job on that.

[Lord Sikka (Lab)]

My Lords, under the pretence of equality, the state pension age for women has increased from 60 to 66 but women continue to receive a lower state pension than men. Can the Minister explain why women continue to be treated as second-class citizens? When will the Government give them pension equality?

[Baroness Stedman-Scott (Con)]

I think that the gap between women’s and men’s pensions is closing—

[A noble Lord]

Is it?

[Baroness Stedman-Scott (Con)]

I am afraid that it is. We honestly believe that, by 2040—if I am correct—it will be equal.

[Baroness Hayman (CB)]

Will the Minister join me in recording sadness that, on this Question today, we did not hear the voice of Baroness Greengross, who was such an extraordinary campaigner on these issues?

[Baroness Stedman-Scott (Con)]

I was very sad to hear of the death of Baroness Greengross but I am very happy to agree with the noble Baroness, Lady Hayman, and endorse her work, which was outstanding. She was particularly kind to me in my role.

Social Security (Special Rules for End of Life) Bill [HL]

Baroness Stedman-Scott Excerpts

3rd reading
Wednesday 22nd June 2022 Lords Chamber

Moved by

[Baroness Stedman-Scott]

That the Bill do now pass.

[Baroness Stedman-Scott (Con)]

My Lords, I beg to move that the Bill do now pass.

At Second Reading, all who spoke acknowledged the importance of our social security system providing support as quickly as possible for those who are nearing the end of their lives. This Bill will ensure that more people in their final year of life can access the benefits for which they are eligible in a fast-tracked and simplified way. It is right that the Government are making eligibility changes for this fast-tracked access, so that those expected to live for 12 months or less, rather than the current six months, can benefit. This Bill will mean that thousands more people at the end of their lives will be able to access benefits earlier than they currently do. It will also result in a consistent end-of-life definition being used across health and welfare services in England and Wales, which will be more easily understood by clinicians and end-of-life charities.

I thank all noble Lords for their support in ensuring that this Bill passes through the House quickly. Clearly, we all recognise the significant positive impact this change will have for people who are nearing the end of their lives, and their families. I was also very grateful to noble Lords who engaged with me so constructively while the Bill was passing through this House. Several noble Lords signalled their overall support while also raising important issues, which I will ensure are taken into account as we work to implement the changes that we progress.

I end by paying tribute to all the campaigners and charities that have worked in this area; their support has been crucial in reaching this point and I am sure that all noble Lords join me in recognising the admirable support they provide people nearing the end of their lives.

The Social Security (Special Rules for End of Life) Bill will provide thousands more people with vital financial support, so that they can worry a little less about their finances and focus more on sharing the valuable time they have left with the people who matter to them the most.

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for her remarks and thank all noble Lords who participated in this Bill at the previous stage. It is a short Bill, but one which will have real benefits to people who have been told they have less than 12 months to live. The House can do few things that matter more than to make people’s final months easier than they might otherwise be. The change is long overdue, and we are very pleased to support it. Once again, I commend Marie Curie, MNDA and all the charities that have campaigned to get to this point.

We chose not to table amendments to the Bill, even though I would have liked the opportunity to explore some of the issues about the support available to people nearing the end of their life. However, it is really important to get this onto the statute book as soon as possible because, at the moment, some benefits are available only to those with six months to live and others are for those with 12. That is confusing for clinicians and patients, so we want to support this getting there as fast as possible. I hope that the Minister can assure the House that the Government will reward our restraint by ensuring that the Bill gets through the other place before the Summer Recess.

Since we are not having a Committee or Report stage, I would like to ask two quick questions, of which I have given notice to the Minister. She is aware that various stakeholders, while supporting the Bill, had argued for a more open-ended approach than the one the Government chose to take. This Bill will allow special rules awards to be made for three years, whereas the Scottish Government have taken a different, more open-ended approach. Can the Minister assure the House that the Government intend to evaluate the effectiveness of the approach they have chosen to take in this Bill? Will they take advantage of the opportunity afforded by devolution to compare their approach with that taken by the Scottish Government, and implemented only recently?

In that vein, I ask about the success metrics for this policy change. Will the Minister’s department monitor whether more people are able to fast-track their claims? Will they monitor if fewer people are dying before their claims for benefits under the normal rules have been cleared? That has been an issue; it takes so long to process claims for PIP that people are dying before their claims are processed. Will the Government monitor if claimants find the process easy to manage?

I would like to express my thanks to the Minister and her officials for involving us, and to colleagues for their thoughtful contributions. We send the Bill to the Commons with our full support, and we wish it Godspeed.

--- Later in debate ---

[Baroness Brinton (LD) [V]]

My Lords, my noble friend Lady Janke cannot be in her place today, so I am delighted to thank, on behalf of the Liberal Democrat Benches, the Minister for her remarks and all Peers who have taken part during passage of this Bill. I also want to thank the Minister’s officials, who have been very helpful. It was encouraging that the Bill is supported cross-party. It may be a short Bill, but we believe that its effects will be transformative to those individuals, and their families, who have to face a terminal illness and the financial shocks that go with it as they live the last few months of their lives.

We, too, decided not to table amendments, though we would have liked to, because we felt it was important that this Bill proceeded quickly. Prior to the Second Reading, we had discussions with Marie Curie and other organisations about whether the Government should review the impact of the legislation after a year and make an assessment as to whether the provisions of the Act have had a significant impact on reducing levels of poverty for individuals with a life expectancy of less than 12 months.

We draw the same parallel as the noble Baroness, Lady Sherlock, that in Scotland they deleted any reference to timeframes. I think this would help to give us a comparator once the Bill has been enacted and put into practice in England for a year.

I want to pick up also the point that the noble Baroness made about time for the processing of claims. I made this point at Second Reading, and I hope that for everyone it will be as speedy as possible. I was reassured the Minister said that moving it to 12 months would not slow the process down, but we remain concerned that for some people it is still not as fast as it should be, given the straits that they find themselves in.

At the Second Reading I raised the current anomalies in the rules for the benefits of severely disabled children aged under three, compared to those over three. The Minister kindly agreed to arrange a meeting with the relevant Minister for myself and Together for Short Lives. Unfortunately, I have been offered a policy officer to answer my questions by email, which, while being very kind—and I appreciate the offer—is not quite what the Minister said. As I said at Second Reading, this is a policy decision to treat seriously ill small children differently to their older peers, so please can I repeat my request for a meeting with the relevant Minister?

That aside, from these Benches we welcome this short but vital Bill and look forward in hope that it will ease some of the financial difficulties faced by terminally ill people and their families.

[Baroness Stedman-Scott (Con)]

I thank the noble Baronesses, Lady Sherlock and Lady Brinton, for their supportive comments, and may I say that we are doing everything we can to get this through the other place in time? Everybody is on red alert to do so.

I would particularly like to address the points made by both noble Baronesses, Lady Sherlock and Lady Brinton. The noble Baroness Sherlock is interested in the department’s approach to evaluating the changes being proposed in this Bill and whether this will also cover a comparison with the approach taken by the Scottish Government. I can confirm that we will continue to monitor our own approach and watch with interest the different approach taken by the Scottish Government as it is fully rolled out.

We will also continue to conduct audits of medical evidence provided to us in support of claims made under the fast-track special rule process and to monitor feedback that claimants provide to the DWP through our existing communication channels. The noble Baroness, Lady Sherlock, also expressed interest in the metrics that would be used to judge the success of the new approach for claims made under the special rules for end of life. The department considers the time taken for these claimants to receive the financial support that they are eligible for as a measure of the policy’s success. I am extremely pleased that the department has a strong record of processing claims made under the special rules in a matter of a few days on average. We also had a constructive relationship with end-of- life charities and will continue to work with them to ensure that the policy intent behind the Bill is being met.

On the noble Baroness’s question about people dying while waiting for the outcome of a claim under normal rules, we want to do all we can to ensure that people get the support they are entitled to while living with a long-term disability or health condition. It is obviously incredibly sad when someone passes away while waiting for the outcome of a PIP claim. The cause of death for PIP claimants is not collated centrally by the department. However, there is no evidence to suggest that someone’s reason for claiming PIP was the cause of their death, and it would be misleading to suggest otherwise.

Finally, the noble Baroness, Lady Sherlock, is interested in whether we will check that claimants find the process easy to manage. I assure all noble Lords that the department is engaging with stakeholders, and clinicians involved in supporting people to claim under the special rules, to ensure that they understand and can navigate the process. We will continue to do so. The department is also looking at making process improvements for the end-to-end customer journey for claims made under the special rules and will use the direct experience of claimants to inform that work as it progresses.

Regarding the point made by the noble Baroness, Lady Brinton, I did agree to a meeting. I am not quite sure what has happened, but I will go back and advise people that we will meet. It will get me into trouble but I will do it. I have held two all-Peers briefings on this Bill. As always, my door is open. Going forward, the Minister for Disabled People, Health and Work, who is sponsoring this Bill in the other place, will be happy to reach out on any outstanding questions that noble Lords may have.

Equality Act 2010: The Impact on Disabled People: Follow-Up Report (Liaison Committee Report)

Baroness Stedman-Scott Excerpts

Tuesday 21st June 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I thank the committee chair, the noble Lord, Lord Gardiner, the noble Baroness, Lady Deech, and other members of the committee for calling for this debate on a very important subject for our society. I hear the strong and impassioned points that have been made; there have been some forceful interventions and relevant questions that I will address in this closing speech.

I take the point raised by the noble Baroness, Lady Thornton, about re-establishing and rebuilding trust and, in my role as Minister for Women and Equalities in this House, I start by answering noble Lords’ questions and then offer a meeting to see if we can start to rebuild that trust as we go along.

I ask noble Lords to be in no doubt of this Government’s determination to promote the interests of disabled people and increase their participation in the labour market and wider society. This is even more important as society recovers from Covid and faces a number of post-pandemic challenges. This Government are committed to disability policy that supports all areas of life, and to taking action to create a society that works for everyone so that we can build back better and fairer for all. Our aim is to transform the everyday lives of disabled people across the country, through delivering long-term change through practical plans.

Since the start of 2022 alone, our wider work to support disabled people is having a real impact. We have supported two landmark pieces of legislation, the British Sign Language Act and the Down Syndrome Act, which have both been granted Royal Assent in the last few months. The BSL Act came about, with widespread support across government, from a Private Member’s Bill put forward by Rosie Cooper MP and with the help of personalities such as “Strictly Come Dancing” winner Rose Ayling-Ellis and of deaf people’s organisations. It promotes and facilitates the use of BSL, with legal recognition as a language of England, Scotland and Wales—a recognition that I know has been awaited for many years.

The Act provides a specific duty on the DWP Secretary of State to prepare and publish a British Sign Language report. This describes what each ministerial department has done to promote and facilitate the use of British Sign Language in its public communications. The Act specifies that these public communications should include: any public announcement that a government department makes about policy or changes to the law; the publication of any plan, strategy, consultation document or consultation response, or any explanatory or supporting materials; and its use of press conferences, social media or a government website to publicise any of its activities or policies.

The Act places a duty on the Secretary of State for Work and Pensions to issue guidance on the promotion and facilitation of BSL, which will be developed together with D/deaf BSL users as part of a non-statutory board of BSL signers. We hope to produce this guidance in 2023. A BSL advisory board will bring to bear the perspectives and priorities of those with lived experience, from BSL signers living across England, Scotland and Wales. It will be established in autumn 2022 with a broad remit to advise the Government on matters related to BSL, including how to increase the number of BSL interpreters and to review how the DWP might work to ensure that the Access to Work fund helps BSL users.

The Down Syndrome Act is an enabling framework to give a voice to people with Down syndrome. This will ensure that local government meets the needs of people with Down syndrome to ensure they receive better services now, and to transform their future experiences across social care, healthcare, education and housing services.

I know that the noble Baronesses, Lady Thornton, Lady Deech and Lady Thomas, raised issues relating to Section 36 of the Equality Act 2010. In the six months since the Government responded to the Liaison Committee’s report, I am pleased to update this Committee on important progress on an issue in which the Liaison Committee, and before it the 2015 Select Committee, took a close interest—namely the commencement of the remaining parts of Section 36 of the Equality Act.

As many noble Lords know, commencement will enable a disabled tenant or leaseholder to require their landlord to make reasonable adjustments to the common parts of their homes—for example, entrances, hallways and stairs. I am aware that progress has been slower than all noble Lords would like, because we have been looking at the cost implications of implementation and how it fits with wider leasehold law and practice. However, on 9 June, the Government launched a consultation on implementation. This is important because disabled tenants and leaseholders are being given a real voice in how the detail of the policy is being shaped.

Regulations will be needed to set out some of the detail prior to commencement. Feedback from the consultation will be key to this. For example, we are asking all interested parties whether they would like a specified structure for reasonable adjustment agreements and further views on how works might be fairly financed. Via GOV.UK, we are offering a variety of formats to help people understand what switching on the provisions means and to enable views to be fed back as easily as possible. We are keen to give maximum opportunity to those affected by this change to feed in their views, so the consultation will last 10 weeks.

The noble Baroness, Lady Thomas of Winchester, raised accessibility to buildings and housing. We are also assessing disabled people’s needs in the built environment more generally. In June 2021 we commissioned research, as part of a full review of Part M of the building regulations, on the prevalence and demographics of impairment in England and the ergonomic requirements and experience of wheelchair users and disabled people. The research is looking at the size and layouts in toilets and the range of facilities needed to suit our population. Work is under way to develop robust data and evidence to help government consider what potential changes can be made to statutory guidance covering access to and the use of buildings.

As part of the review, government consulted from 8 September to 1 December on options to raise the accessibility of new homes, recognising the importance of suitable homes for older and disabled people. The consultation proposed whether to wait to see the full impact of recent planning policy changes on the use of the optional technical standards, or whether and how changes could be made by either mandating a higher standard or reconsidering the way existing optional standards are used, including set proportions for wheelchair user homes.

This is a technical and important piece of work. We have analysed all the responses, which have been comprehensive and have helped inform our work on how best to raise accessibility standards of new homes. We will set out our plans in due course. Evidence gathered will help government consider what changes can be made, including reviewing and potentially tightening the regulatory framework to deliver accessible new homes and updates to statutory guidance.

Our planning rules already mean that councils must consider the needs of older and disabled people when planning new homes. We have also given councils guidance on options they should consider, such as housing with improved accessibility, to enable older and disabled people to live more safely and independently.

The noble Baroness, Lady Deech, raised private hire vehicles. The committee’s report, and noble Lords’ contributions to this debate, raised accessibility to taxis. On 28 March we launched a public consultation on the updated best practice guidance document aimed at local licensing authorities, incorporating strengthened recommendations on the provision of an inclusive service. The consultation closed yesterday, and work is now starting to assess the views of stakeholders.

A wide range of stakeholders responded to the consultation, and we will consider their responses carefully before finalising the guidance. We hope that, once published substantively, the guidance document will support licensing authorities to ensure that the taxi and PHV services they regulate provide a genuinely inclusive and accessible service, meeting the needs of those who rely on it.

In the meantime, the Government remain committed to improving the experience of disabled taxi and PHV passengers—a commitment the committee welcomed in its report. Subject to parliamentary time, we will legislate to mandate the completion of disability awareness training by taxi and PHV drivers as part of national minimum standards. We also recently supported the Taxis and Private Hire Vehicles (Disabled Persons) Bill, which gained Royal Assent on 28 April, introducing improved rights for disabled people travelling by taxi and PHV. Together, we hope these measures will allow more disabled people to use this vital mode of transport with much greater confidence.

I am sure that noble Lords will also want to know what advice and support is available to disabled people concerned about taxis, and indeed the full range of service provision across the economy. The Government sponsor a free helpline, the Equality Advisory and Support Service, which provides support and advice to anyone in England, Scotland or Wales who feels they may have suffered discrimination. It receives approximately 35,000 contacts per year, of which about 70% are queries relating to disability. This means that the government helpline assists in more than 24,000 disability-related issues a year.

The EASS works closely with organisations such as Disability Rights UK to ensure that its services are widely accessible to those with a range of disabilities, offering: a textphone system alongside the main telephone number; British Sign Language via a video conference call that a deaf individual can access via the EASS website; video calls to individuals who are visual learners within the autistic spectrum who would find it difficult to process advice via voice channels; a webchat service that offers an accessible route for people who choose to type rather than use the telephone; documents in accessible formats such as large print alongside different font options, colours and sizes, which are posted to individuals; documents in Braille; and an email, transcript or audio file of a call or advice for individuals who find it difficult to recall information provided.

Finally, government services are working for disabled people across a range of other important areas, including the following.

As more disabled people are starting new jobs, there has been an increased number of people applying for support through Access to Work. We have delivered improvements to the Access to Work programme to meet this increase in demand.

The autumn 2021 spending review has allowed the Department for Education to deliver an additional £1 billion for children and young people with more complex needs, including those with a disability, in 2022-23, bringing the total high-needs budget next year to over £9 billion.

In collaboration with ACAS, BEIS launched an online advice hub in July 2021, containing clear, accessible information and advice on employment rights for disabled people.

The DfE contributed £9.3 million in the 2021-22 financial year to fund the training of more educational psychologists, increasing the number of trainee educational psychologists each year to over 200.

The Rail Delivery Group and the Department for Transport have introduced a new Passenger Assistance app, with over 80,000 users of the app supported to receive over 400,000 different forms of assistance.

To make housing more accessible, the Department for Levelling Up, Housing and Communities published a new National Model Design Code in July 2021, setting out comprehensive guidance on the design of homes and neighbourhoods for local planning authorities. The guidance emphasises the importance of designing new development, including public spaces and play areas, in a way that creates safe, inclusive, accessible and active environments.

To support people in court proceedings, the MoJ brought a new revised victims’ code into force in England and Wales on 1 April 2021, which set out enhanced rights for disabled people, as well as other victims.

The Cabinet Office has launched an enhanced programme of disability and access ambassadors, expanding to include 19 ambassadors, senior business leaders who help to ensure businesses are doing all they can to support their disabled customers.

BEIS published a consultation on making flexible working the default in September 2021. Flexible working can be particularly valuable for those who need to balance their personal lives with their working lives, including those with caring responsibilities. The consultation closed on 1 December, having received over 1,600 responses.

The Department of Health and Social Care’s adult social care reform White Paper, People at the Heart of Care, published in December 2021, reflected the needs of disabled people.

I will try to answer some of the specific questions that noble Lords raised. Both the noble Baronesses, Lady Deech and Lady Thornton, raised the issue of the disability strategy, in particular in relation to the judicial review. The national disability strategy set out our ambition to improve the lives of disabled people. We are disappointed by and strongly disagree with the High Court’s finding, and the Secretary of State has sought permission to appeal its declaration. While awaiting a decision on permission to appeal from the Court of Appeal, we are required to take steps to comply with the court’s declaration. We will do everything we can to limit the impact of this ruling on disabled people but, to ensure compliance with the court’s declaration, we are obliged to pause a limited number of policies which are referred to in the strategy or are directly connected to it. We remain committed to improving opportunities and outcomes for disabled people as we await the outcome of the appeal.

As I said, in less than a year, we passed the British Sign Language Act and the Down Syndrome Act. Our intent is still to create more opportunities for disabled people to participate and thrive; to protect and promote the rights of disabled people; and to tackle the barriers that prevent disabled people from fully benefiting from and contributing to every aspect of society.

The noble Baroness, Lady Deech, raised issues about the progress of legislation in relation to the public service ombudsman. The Government do not anticipate bringing forward legislation at this time. Should the Government take forward any ombudsman reform, we would run a full public consultation, including responses from equalities and disability organisations.

I have already referred to many of the things the Government are doing in taking leadership of these issues, and I am very happy to say that the ministerial disability champions were appointed in summer 2020 at the request of the Prime Minister to help drive the development and delivery of the national disability strategy. The champions meet quarterly through the year; during the development of the national disability strategy, it was set out that the Minister for Disabled People will continue to chair a quarterly meeting of the champions to drive progress.

Noble Lords raised the status of the role of the Minister for Women and Equalities, and how that needs to be a Cabinet post. I am unable to give noble Lords any good news on that. All I can say is that, as well as it being the prerogative of the Prime Minister to determine who sits in Cabinet, I will do my best in my role in the Lords to support all disabled people, and I will work as hard as I can. My colleague, Chloe Smith, Minister for Disabled People, is equally committed and, as I said, it would be good for us to meet after this debate to see what progress, if any, we can make.

The noble Baroness, Lady Deech, raised the point of the Cabinet social justice committee. Again, the Cabinet and its committees provide a framework for Ministers to consider and make collective decisions on policy issues, covering the full range of government business, including issues of equality and fairness.

The noble Baroness, Lady Deech, raised the issue of sports and accessible facilities. The Government’s sports strategy

“commits us to work with the football authorities to ensure that all clubs meet their legal obligations under the Equality Act 2010 to provide reasonable adjustments to accommodate disabled spectators.”

We expect all sports and clubs to take the necessary action to fulfil their legal obligation under the Equality Act 2010 to make “reasonable adjustments” so that disabled people are not placed at a substantial disadvantage when accessing sports venues.

The noble Baroness, Lady Deech, raised the public sector equality duty. It has very wide application, applying to all functions of most public bodies, to the public functions of other organisations and to every protected characteristic in the Act. It is often added to other grounds as part of a claim for judicial review, although a requirement to take all proportionate steps would be a positive duty. Inevitably, claims made against public authorities for failing in this duty would be setting negative, and possibly counterfactual, terms that the authorities should have taken this or that step—or, indeed, several successive steps—but had failed to do so. Arguments in the courts would focus on actions that had not happened and whether they would have been proportionate if they had happened. Adoption of the 2009-10 Bill amendment, as a way of moving to an outcome-focused duty, would, therefore, not simply be a shift in policy terms but raise potentially significant issues for legal bodies. The Government, therefore, take the view that the amendments to the public sector equality duty set out in Section 149 of the Equality Act should, in due course, be considered if or when any more general decision is taken to revise or replace the Act in future.

The noble Baroness, Lady Deech, also raised the issue of access to justice and the legal aid system. The Government remain committed to ensuring that access to justice is a reality for disabled people in exercising their rights and are continuing to carefully consider the issue. This includes examining the possibility of consulting on the feasibility of a potential pilot scheme testing the advantages and disadvantages of extending cost protection to disability claims. This is a key issue on which we aim to set out the way forward in the coming months.

The noble Baroness, Lady Thomas, raised the issue of disabled people’s access to housing. I have already referred to that in my closing speech, but the Government have consulted, as I said. We will wait to see the outcome of the consultation. Again, the consultation is part of a full review of Part M of the building regulations. Evidence gathered will help the Government consider what changes can be made, including reviewing and potentially tightening the regulatory framework to deliver accessible homes and update statutory guidance.

The noble Baroness, Lady Thornton, asked what accessible support and advice are available for disabled people who face discrimination. As I said, the Government sponsor a free helpline, which works in the ways I already described: textphones, sign language and video calls for those who need it.

We will continue to be ambitious to deliver meaningful policies to improve disabled people’s lives, and we will continue to ensure that the voice of disabled people is properly heard. We will continue to work closely with disabled people and disabled people’s organisations.

Social Security (Special Rules for End of Life) Bill [HL]

Baroness Stedman-Scott Excerpts

Order of Commitment discharged
Monday 20th June 2022 Lords Chamber

Moved by

[Baroness Stedman-Scott]

That the order of commitment be discharged.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.

Social Security (Special Rules for End of Life) Bill [HL]

Baroness Stedman-Scott Excerpts

Wednesday 15th June 2022 Lords Chamber

Moved by

[Baroness Stedman-Scott]

That the order of commitment of 24 May committing the Bill to a Grand Committee be discharged and the Bill be committed to a Committee of the Whole House.

Motion agreed.

Child Poverty Strategy

Baroness Stedman-Scott Excerpts

Monday 6th June 2022 Lords Chamber

[The Lord Bishop of Durham]

To ask Her Majesty’s Government what assessment they have made of the review by the Church of England Making the case for a child poverty strategy, published on 28 April; and what plans they have, if any, to introduce a child poverty strategy.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I confirm that no specific assessment has been made. We are completely committed to supporting low-income families and will spend £108 billion on welfare support for people of working age in 2022-23. With record vacancies across the UK, our focus is firmly on supporting parents to move into work and to progress in work wherever possible, as we know that this is the best way to tackle poverty, particularly where work is full-time.

[The Lord Bishop of Durham]

I thank the Minister for her reply. In the Church of England child poverty review, we present a consensus from across the political spectrum that child poverty is a complex issue that must be strategically dealt with across all departments but in a locally facing way. One group cautioned in its response that the feasibility and success of a child poverty strategy will be dependent on the will of the Government, so my question is this: is there enough will to produce a specific, targeted strategy that aims to end child poverty?

[Baroness Stedman-Scott (Con)]

My Lords, Ministers and officials engage regularly across government to ensure a co-ordinated approach to this very important issue. We keep all priorities under review, but, as I said, with almost 1.3 million vacancies across the UK, our focus is to ensure that we can fill those vacancies with people who can work so that they can become independent. The latest available data on in-work poverty shows that, in 2019-20, a child in a home where adults were working was around six times less likely to be in absolute poverty before housing costs.

[Baroness Lister of Burtersett (Lab)]

My Lords, recently the Prime Minister admitted that we cannot level up without tackling child poverty, and the Deputy Prime Minister declared himself heartbroken at the story of Emma, whose son provided her with a bowl of cereal because he had not seen her eat for days. Does this not underline the urgent case for a child poverty strategy? According to the Social Mobility Commission, England is the only country in the United Kingdom without such a strategy. Does that not also make the case for immediate urgent help for children so far lacking in the face of the cost of living crisis?

[Baroness Stedman-Scott (Con)]

The case study the noble Baroness relays is definitely harrowing, and I wonder whether I might meet with her to talk more about it and to understand it in more detail. However, the Government are absolutely committed to dealing with the issues of poverty. We have just allocated another £15 billion support package. This will include a £650 payment to more than 8 million low-income households and a £300 increase to the winter fuel payment. Individuals receiving disability benefit will receive £150 as a one-off payment in September, and this will not be taken into account for tax purposes on benefits. We have cut the taper rate, and we have also given a non-repayable £400 reduction in energy bills. Those in houses in council tax bands A to D will get £150, and for other people who do not get that there is a further £144 million. We understand the issues of poverty, and we are placing vast sums of money to do what we can to help.

[Lord Farmer (Con)]

My Lords, during the passage of the Welfare Reform and Work Bill, my noble friend Lord Freud said that focusing on income-based poverty measures fails

“to tackle the root causes of child poverty.”—[Official Report, 25/1/16; col. 1054.]

He promised regular reports on family instability, inter alia, to hold the Government to account for their actions and progress. The Government have not yet fulfilled that promise. Can my noble friend assure me that they recognise that family instability is a driver of poverty and are concerned not just about parental conflict?

[Baroness Stedman-Scott (Con)]

I completely agree with my noble friend about family instability and how it drives poverty. That is why we are investing so much in family hubs, and I pay tribute to my noble friend for the activity he has had with those. I am meeting the Minister responsible for family hubs next week to see how the rollout is going and how the DWP might work with them. But I have to say that through the reducing parental conflict programme, in which we will invest £33 million, we have supported over 4,400 parents since 2019. We are confident that we have gleaned sufficient data from this to continue to roll out the programme and to ensure that we support people with difficult relationships.

[Baroness Bull (CB)]

My Lords, the review’s recommendations range across a number of policy areas, including the importance of addressing educational inequality in tackling child poverty. With the conclusion this year of the five-year opportunity area programme, could the Minister tell the House what lessons have been learned about what works to level up opportunities for those children born into areas of persistent poverty and deprivation, and how these learnings will be incorporated in future policies?

[Baroness Stedman-Scott (Con)]

Opportunity areas caused great excitement when they were announced. They are a matter for the Department for Education, so I hope the noble Baroness will be happy with me asking my noble friend Lady Barran to give her the information she requests.

[Baroness Humphreys (LD)]

My Lords, in government, Liberal Democrats delivered on free school meals and ensured that every child between four and seven was provided with a free school meal regardless of income. In any child poverty strategy, will the Government commit to extending eligibility for free school meals to every pupil whose parents or guardians are in receipt of universal credit, and to pupils from low-income families whose parents or guardians have no recourse to public funds?

[Baroness Stedman-Scott (Con)]

In 2019 the Government introduced new eligibility criteria for families on UC following a consultation. It is estimated that this will be more generous in its reach by 2022 in comparison with the legacy benefits system. Further to this, we included generous protections which mean that any family eligible for free schools meals transitioning to UC from a legacy benefit will continue to have access to a free school meal even if they move above the earnings threshold.

[Baroness Wilcox of Newport (Lab)]

One of the important recommendations in the strategy was to ensure that the hidden poor and those with no voice, such as victims of modern slavery, the homeless and victims of child abuse, are not missed. Does the Minister support this recommendation for implementation within her department, and what steps are being taken to lift these groups out of poverty?

[Baroness Stedman-Scott (Con)]

I am not able to make a commitment right now, but I know that the department is looking at all the recommendations and will respond to the Church in due course. I reiterate that we will be spending £64 billion on benefits to support people who are unable to work or who are on a low income. Another point I would like to make—I ask all noble Lords to help me on this—is that we urge people to check whether they are receiving all the benefits to which they are entitled and to be aware of the wider support this opens up, including help with transport, broadband and prescription costs.

[Baroness Bennett of Manor Castle (GP)]

My Lords, the report highlights the widespread agreement among concerned organisations that the two-child limit is a significant cause of child poverty. Given that this is an explicitly punitive measure directed at children, should the Government not be taking this advice to end that policy?

[Baroness Stedman-Scott (Con)]

It is important that we support families. I note the point the noble Baroness makes about the two-child policy, as did the right reverend Prelate the Bishop of Durham, but it is important that we are fair to the many working families who do not see their budgets rise when they have more children. This does not apply to child benefit nor to the disabled child element, and statistics from the Office for National Statistics show that in 2021, 85% of all families with dependent children had a maximum of two children, and for lone parents the figure was 86%.

[Baroness Fookes (Con)]

My Lords, my noble friend has rightly spoken about getting people out of poverty through work, but what steps are the Government taking to help those who are in work but are low-paid and low-skilled to better themselves?

[Baroness Stedman-Scott (Con)]

Another exciting initiative is the in-work progression offer. We have in-work progression champions working with every jobcentre and district to help people to get a job, and then to get a better job which pays more and helps them with their cost of living.

Cost of Living: Pensioners

Baroness Stedman-Scott Excerpts

Thursday 26th May 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, no assessment has been made. The Government are aware of concerns about the cost of living. My right honourable friend the Chancellor is making an announcement on this issue today. Since 2010, the full yearly amount of the basic state pension has risen by more than £2,300 in cash terms. That is £720 more than if it had been uprated by prices and £570 more than if it had been uprated by earnings. State pension recipients are also supported by further measures for older people.

[Lord Sikka (Lab)]

My Lords, I thank the Minister for her reply. In 2019, 68,000 pensioners died in poverty. That number will increase, as the real value of the state pension has been cut and another £800 energy rise is coming. Can the Minister commit to an immediate increase in the state pension of 15%? If not, can she return to the House in two weeks and explain why the Treasury is failing to support our pensioners?

[Baroness Stedman-Scott (Con)]

The noble Lord understands that I cannot make that commitment. We understand that people are struggling—we really do—with rising prices of energy and other things. The Chancellor is clear that, as the situation evolves, so will our response, with the most vulnerable being his number one priority. He will set out more details today. All noble Lords and I will have to wait to hear what he says.

[Baroness Altmann (Con)]

My Lords, what are the Government doing to help pensioners with the cost of living crisis? This is an emergency. Age UK has just released the report It Doesn’t Add Up, which quotes single pensioners who are

“anxious and depressed. I only shower once a fortnight and use the oven once a week. I do not know what else I can do”.

There is more the Government can do. I know my noble friend cares deeply about this issue; would she urge the Treasury to look at issues such as reducing the standing charge that single pensioners pay, increasing the value of the warm homes discount, which after 10 years is still just £140, and perhaps increasing pension credit, by £20 a week, for this emergency situation?

[Baroness Stedman-Scott (Con)]

I thank my noble friend for making those points. I have no desire to wind up noble Lords, but please can we wait and listen to what the Chancellor says? Perhaps then we can speak again about your question.

[Baroness Meacher (CB)]

My Lords—

--- Later in debate ---

[Baroness Meacher (CB)]

My Lords, does the Minister agree that, along with some pensioners, the most vulnerable people in our society are those of working age who cannot work, because of disabilities, mental health problems or other issues? I understand from the media reports that the Chancellor will be focusing help on working-age people who can work, urging them into work with incentives and so on. Will the Minister draw to the Treasury’s attention this incredibly vulnerable group of people who will simply not be helped at all, according to press reports about the Treasury support?

[Baroness Stedman-Scott (Con)]

I confirm to the noble Baroness and the whole House that the Chancellor and his team are cognisant of the issues that the most vulnerable are facing—those who cannot work and those who are in work but wish to do better. He is clear that, as this situation evolves, his response will evolve too. The most vulnerable are at the heart of what the Government want to do, so please be patient.

[Lord Woodley (Lab)]

My Lords, Age UK said that, before the pandemic, 1.3 million pensioners in England were suffering from the “risk of malnutrition”. It adds that

“1.4 million older people … have been eating less since the start of the pandemic”

and are

“at a greater risk of becoming malnourished”.

What estimate have the Government made of the risk of malnutrition among pensioners and what are we doing about it?

[Baroness Stedman-Scott (Con)]

We have sought to help pensioners at this very difficult time. On the noble Lord’s specific point about malnutrition, if he accepts, I will need to write and place a copy in the Library for all noble Lords.

[Baroness Hussein-Ece (LD)]

My Lords, is it not the case that the level of state pension in this country, at less than £9,000, is not a sum on which most people can be expected to live? In Germany, the state pension is £26,000 a year; in France, it is £15,800. Do the Government now regret suspending the triple lock?

[Baroness Stedman-Scott (Con)]

Noble Lords know that the triple lock was suspended for this year in very difficult circumstances in the country, but the Chancellor has confirmed that it will be reinstated.

[Lord Flight (Con)]

My Lords, how much has the state pension increased by since 2010, both as a proportion and as an amount of money?

[Baroness Stedman-Scott (Con)]

As I said earlier, since 2010, the state pension has risen by £2,300 in cash terms and the full-year basic state pension is now over 45% higher than in 2010.

[Baroness Sherlock (Lab)]

My Lords, I am glad the Chancellor is finally putting something on the table, although we do not know what yet, but does the Minister agree that the process is not great? The Spring Budget was only two months ago. We begged the Chancellor to do more on the cost of living and he ignored us. We suggested a windfall tax and the Prime Minister ridiculed it. The Government did not have to legislate for the biggest real-terms cut in the value of the state pension for 50 years. We do not yet know what the Chancellor is going to do, but the rumours always appear to be about one-off payments. Even if there is something to tide people over, it will not deal with the collapse in the standards of living. Why have Ministers ruled out bringing forward pension and benefit increases? Does the Minister accept that prices are unlikely suddenly to slump again but, if they did, upratings would pick that up next time round anyway? Or will the Chancellor be back here again in a few months?

[Baroness Stedman-Scott (Con)]

If the noble Baroness does not mind, I do not agree that the Chancellor has ignored things. He has had to deal with a pretty difficult set of circumstances. Due to legacy benefits, we can do an uprating only once a year, the reasons for which all noble Lords know. Since 1987, we have consistently used the September inflation figure and that will continue.

[Baroness Wheatcroft (CB)]

My Lords, one-third of the household support fund is earmarked for pensioners. The second tranche of £500 million, which is not a great deal, came into play on 1 April this year. Could the Minister tell us how much of that fund has already been exhausted, how quickly the first tranche was exhausted and what work has been done to evaluate the effectiveness of the household support fund?

[Baroness Stedman-Scott (Con)]

I confirm that the Department for Work and Pensions requires local authorities to provide management information returns detailing their spend and the volume of awards made for food, energy and water bills. MI returns for the scheme, running from 6 October 2021 to 31 March 2022, will also detail grant spend and the volume of awards made to families with and without children. This will be published in the coming months.

[Lord Davies of Brixton (Lab)]

My Lords, does the noble Baroness understand that pensioners’ incomes, this time, this year, are 5% lower in real terms than they were last year? Part of the reason for that is the excessive delay between the index and when increases are paid. Is it not time to fully computerise the state pension so that increases can meet the challenge of inflation?

[Baroness Stedman-Scott (Con)]

As I have said, the state pension uprating relies on legacy IT systems that must be coded well in advance of the uprating. The noble Lord makes a good point about the impact of good IT systems; I am not going to argue with that. Additionally, state pension rates need to be confirmed in advance of uprating because claimants can claim their state pension four months before they reach state pension age and they need certainty about the value of their entitlement.

Social Security (Special Rules for End of Life) Bill [HL]

Baroness Stedman-Scott Excerpts

2nd reading
Tuesday 24th May 2022 Lords Chamber

Moved by

[Baroness Stedman-Scott]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, hearing that your illness cannot be cured can be a frightening and devastating experience. It can help people at this stage of their life to talk to their GP, who can signpost to local sources of support and highlight financial support to which their patient may be entitled.

As a Government, we want to do all we can to alleviate the pressures facing those nearing the end of their lives and their families. The main way that the Department for Work and Pensions does this is through special benefit rules, sometimes referred to as “the special rules”, which enable people who are nearing the end of their lives to get fast-track access to disability benefits.

Those eligible under these rules get their claims fast-tracked, which means that they do not have to wait as long to start getting payments. In most cases, those claiming will qualify for a higher rate of benefit without having to do a medical assessment. The rules ensure that, at this most difficult time, people can receive the financial support they are entitled to quickly and easily.

In 1990, when these special rules were introduced, many people with an end-of-life diagnosis were unlikely to survive for more than six months. Since then, advances in diagnosis and treatment have meant that people with a terminal illness are living longer. In July 2019, the department launched an in-depth evaluation of how the benefits system supports people nearing the end of their lives. The evaluation’s findings showed consensus across all groups that the current six-month rule should be extended. They also showed strong support for the DWP to adopt a 12-month end-of-life approach that allows people in their final year of life to claim under the special rules, bringing greater consistency with the definition used within the NHS and across government.

In July 2021, the Government announced that we intended to replace the current six-month criteria with a 12-month end-of-life approach. Last month, the DWP made these crucial changes to the eligibility criteria for the special rules in universal credit and employment and support allowance through regulation changes. This was largely welcomed by the public and parliamentarians. As the special rules definition for the personal independence payment, disability living allowance and attendance allowance is set in primary legislation, the Government need primary legislation to change eligibility under the rules from six to 12 months.

The Social Security (Special Rules for End of Life) Bill is a single-issue, two-clause Bill that makes the eligibility changes for these three benefits. The changes will mean that those expected to live for 12 months or less, rather than the current six months, will receive vital support. It will also mean that thousands more people at the end of their lives will be able to access these three benefits earlier than they currently do. There will be a consistent end-of-life definition across health and welfare services that will be more easily understood by clinicians and end-of-life charities.

Once fully rolled out, the changes the Bill introduces will mean the department is spending over £110 million a year more on people nearing the end of their lives. This will potentially mean that, each year, between 30,000 and 60,000 more people may benefit from these changes to the special rules.

A key policy intention of changing the eligibility is alignment with the NHS’s definition of end of life. The NHS considers people to be approaching the end of their lives when they are likely to die within the next 12 months. At this point, clinicians are encouraged to think about the support their patients need, including any financial support.

This alignment of approaches between the DWP and the NHS provides an opportunity for clinicians to have one holistic conversation about a patient’s support needs at the 12-month point, rather than several, thus being more responsive to their patient’s needs. The new 12-month approach will also mean that clinicians are supported with a straightforward and simple definition.

I end by paying tribute to the many people, groups and charities that have supported the Department for Work and Pensions since the then Secretary of State, in 2019, launched an in-depth evaluation of how the benefits system supports people nearing the end of their lives. Their expertise and personal experiences have been crucial to inform and enable the important changes that this Bill brings forward.

I also pay tribute to the healthcare professionals and welfare rights advisers who support patients at the end of their lives and help them to access the benefits to which they are entitled. It is crucial that they understand the changes that the department is making in this area, which is why we have engaged and will continue to engage with key end-of-life charities, hospices and clinical groups, such as the royal colleges.

I am sure that the shared sentiment of this House is that this support is crucial when someone is at the last stage of their life. By expanding eligibility, we will provide thousands more people with vital financial support, so that they can worry a little less about their finances and focus more on sharing the valuable time they have left with the people who matter to them most. I beg to move.

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

My Lords, I thank your Lordships for your contributions to the debate today. I am sure we all agree that this is a matter of huge importance for those at this stage of their life and their loved ones. The Government are committed to improving how the benefits system supports people nearing the end of their lives.

This Bill will ensure that thousands more people at the end of their lives can get fast-tracked access to three disability benefits—the personal independence payment, attendance allowance and disability living allowance—earlier than they currently do. It will change eligibility so that those expected to live for 12 months or less, as opposed to six months, which is the current rule, will receive vital support. The changes ensure a consistent definition of end of life across health and welfare services and introduce easily understood criteria, which will support implementation. The changes will ensure we have a system that works and that gives those affected the support they need when they need it, and that clinicians and charities can engage in with confidence.

I will try to answer some of the many questions raised by noble Lords. The noble Baronesses, Lady Brinton and Lady Sherlock, asked about the response time for fast-tracked claims. PIP end-of-life claims are fast-tracked: it currently takes three working days for new claims and four working days for reassessments. This compares to the current average end-to-end process for new PIP claims of 22 weeks.

The noble Baronesses, Lady Brinton and Lady Sherlock, raised the mobility component of disability living allowance for children under three. Only children over the age of three can claim the higher-rate mobility component of DLA, as all younger children have substantially fewer mobility needs. This group can however still access other forms of support, including the care component of child DLA. There are no current proposals to change the current age restrictions for the mobility component of child disability living allowance. However, the department recognises the difficulties that some families with severely disabled children under the age of three may face, particularly those whose reliance on bulky medical equipment makes transport difficult. As a consequence, the department has been in discussions with the charities Motability and Family Fund to explore options for helping this group of children. A pilot scheme has been developed and is making good progress. Family Fund is selecting children with a profound disability who are under the age of three and are therefore ineligible for DLA but who would benefit from the use of a vehicle provided by Motability Operations. I am sure that the Minister for Disabled People will be very happy to meet the noble Baroness, Lady Brinton, and Together for Short Lives. I will go back to the department and put the wheels in motion for that.

The right reverend Prelate and the noble Baroness, Lady Finlay, raised the difficulty of accurate prognosis, which gets worse the longer it is. The department recognises that determining a prognosis is not an exact science. The definition in legislation is clear that it applies where there is a reasonable expectation that death in consequence of a progressive disease is expected in the next 12 months. We support this in our guidance for clinicians, where we ask whether they would be surprised if their patient were to die in the next 12 months and to consider the expected prognosis. We expect the new 12-month approach to mean that thousands more people will be able to benefit, and we have already heard back from senior clinicians that the 12-month approach helps clinicians feel more confident when determining whether someone meets the special rules in the benefits where it has already been implemented. The department is clear: we are relying on the best judgment of clinicians, there are no repercussions for clinicians whose patients live beyond the time period, and claimants receive three-year awards in recognition of that fact.

The right reverend Prelate raised the issue of ensuring that financial assistance does not come at the expense of better or more widespread palliative care for all. The department has chosen 12 months to align with the NHS definition of end of life and to link up with existing initiatives for clinicians to identify people in their final year of life. We hope that, as part of clinicians’ holistic approach to considering their patients’ needs when they enter the final year of life, the financial support available to a patient is considered alongside their physical, spiritual and other support requirements.

My noble friend Lady Noakes raised the point about the DWP committing to monitoring impact and being prepared to make changes based on evidence and data. I have no doubt that this will happen in the department, but I will go back, raise the specific point and write to my noble friend to clarify.

The noble Baroness, Lady Brinton, wanted to know how doctors, who are key to this, will hear about these changes. We have had extensive engagement with health professionals and others. Let me just read a few, because there are pages of them. The Minister for Disabled People led an update call with policy representatives from Marie Curie, Macmillan and MNDA. We have had royal college round tables with the Royal College of General Practitioners, the Royal College of Physicians and the Royal College of Nursing. We had a workshop with Macmillan benefits advisers. We have had the Westminster Health Forum, the next steps for palliative and end-of-life care bulletin in hospice leaders’ brief and the Association for Palliative Medicine bulletin. I can assure noble Lords that there has been extensive communication. We are developing a bulletin jointly with the Association for Palliative Medicine, a Hospice UK Project ECHO newsletter, learning models for clinicians, royal college features in their communications, a palliative and end-of-life care information session and further workers’ engagement sessions.

The noble Baroness, Lady Finlay, made the important point about claimants being informed when they are coming to the end of their three-year award. A letter is sent ahead of the end of the award inviting them to resubmit information. If they continue to meet the special rules criteria, they will receive another three-year award.

The noble Baroness also asked about doctors signing medical evidence and how we will monitor the evidence received. The medical evidence forms used in support of a special rules claim can be requested only by clinicians and are not publicly available. The DWP’s in-house clinical team also undertakes occasional audits of medical evidence and uses feedback from the process to further improve forms and guidance. Where the DWP is unsure about the information provided or needs to clarify, clinicians from the DWP assessment provider can contact the clinician to ensure that the claim can be processed quickly. She asked what would happen to those claims if identified and what AI programmes are being developed. The DWP is also looking at making process improvements for the special rules end-to-end customer journey. I can ask officials to consider this moving forward.

I take fully the points noble Lords have made about engaging with patients and people using the system. The noble Baroness, Lady Finlay, specifically asked to meet Ministers to discuss the guidance and the forms. I can only say that my officials will be very happy to discuss the existing guidance for commissions; where it can be further improved, we will do so.

The noble Baroness, Lady Finlay, asked what financial support we can give parents when children die. Child DLA stops when the child dies because it is an extra cost benefit for the child and not an income maintenance benefit for the family. She also asked for the latest on the severe disability group; we recognise that people who may not meet the special rules criteria may still have severe and lifelong conditions that will not improve and will always need extra financial support to live independently. That is why we want to test an approach for a new severe disability group, or SDG, so that those people can benefit from a simplified process that does not involve a face-to-face assessment. The department will work closely with the MNDA, Marie Curie and other stakeholders to understand how best to orientate claimants to the new SDG application gateway and design a process that best meets their needs.

The noble Baroness, Lady Finlay, asked what happens if a person outlives their prognosis. Where someone makes a claim under the special rules, they are given a three-year award. This recognises that making a prognosis is not an exact science. Where people live longer than expected, they should continue to receive the support provided to them by the benefits system. She also asked how relatives will be informed about the cut-off point, which I believe I have answered, and what we are doing about people with longer prognoses. The Shaping Future Support: The Health and Disability Green Paper recognises that people who may not meet the special rules criteria may still have severe and lifelong conditions that will not improve and will always need extra financial support to live independently.

My noble friend Lord Balfe and the noble Baroness, Lady Sherlock, raised the issue of secondary legislation. We are currently in primary legislation. There are no plans to change the law again, so this Bill takes the simplest approach to change to 12 months.

My noble friend raised a really important point about whether terminally ill people can still work. Where work is therapeutic and gives them a purpose in life, in very difficult circumstances, the answer is absolutely yes. Those on universal credit can voluntarily take up work where appropriate.

The noble Baroness, Lady Janke, asked about the specialist unit in the DWP. We are actively considering how we can improve the special rules processes; we will keep all noble Lords apprised of that.

The noble Baroness also raised specific guidance and training being provided. The DWP is working closely with clinicians from charities, royal colleges and, in particular, the ambitious partnership for palliative and end-of-life care, as it has done throughout this process, to consider specific communication and training for clinicians about how to support their patients in claiming under the special rules and raise awareness of the eligibility criteria and process. The department worked with senior clinicians to develop a special rules guide for clinicians and, to support them in this process, will continue to monitor the guide’s effectiveness and whether further support is required. My officials would be happy to discuss where the existing guidance for clinicians could be further improved.

The noble Baroness also asked why we are not adopting an open-ended approach with no time limit, based on clinical judgment. The department considered all the feedback it received from the evaluation and decided to adopt an approach that mirrors the one used in the health system; there was significant support from clinicians for this.

The noble Baroness, Lady Sherlock, raised the fact that charities such as the MNDA have called for award lengths to be extended. Although we have already touched on this, a three-year award strikes a balance around recognising that making a prognosis is not an exact science. Where people do live longer, as I have said, support will be provided to them by the benefits system.

The noble Baroness made a point about the PIP assessment times. I can say to her only that we want them to be much shorter. The Minister for Disabled People is working hard to do that and I am sure that, in due course, an all-Peers briefing session in which noble Lords will have a chance to make their points will be available on this issue. The noble Baroness asked for some stats. We will write to her on that point and place a copy in the Library to share it with everyone.

We have only recently got the Marie Curie report. We are seriously considering it but, having listened to everybody, it seems that it is welcome. We will respond in due course.

The noble Baroness, Lady Sherlock, asked how the benefits system links to the NHS. We hope that, as part of clinicians’ holistic approach, financial support is discussed alongside physical, emotional and spiritual needs as a patient enters their final year. The DWP has worked with DHSC and many key stakeholders to create guidance to support clinicians.

The noble Baroness asked what the department’s position is on the recommendation in the Marie Curie report that recommends early access to the state pension. We are still considering the report at this early stage, as I have said. We value Marie Curie as a key stakeholder and welcome our ongoing dialogue. The Government are committed to improving fast-track access to benefits for people nearing the end of their lives; I hope we have demonstrated that. The Bill makes similar changes to DLA, PIP and AA collectively; these changes will enable thousands more people thought to be in the final year of their lives to get fast-track access to the benefits they are entitled to.

The noble Baroness, Lady Sherlock, made a point about a SSAC report in 2020. I must confess, I am struggling—

[Baroness Sherlock (Lab)]

If I may help, the 2020 SSAC report recommended that the Government review whether children aged under three could be eligible for the higher rate component of DLA.

[Baroness Stedman-Scott (Con)]

I thank the noble Baroness; that is helpful. Other questions were raised and I will, as always, go back to Hansard and ensure that I answer them in writing and place a copy in the Library.

I again put on record my thanks to the individuals, charities, clinical groups and all the others, including the trade unions, who have supported the Department for Work and Pensions since the then Secretary of State launched an in-depth evaluation of how the benefits system supports people nearing the end of their lives in 2019. We recognise the vital role they play and are committed to continuing our engagement with them as the changes the Bill will make are implemented. I thank all noble Lords again for their contributions today and I hope I have managed to reply to everyone. As always, I am happy to speak to any noble Lords who want to discuss particular issues further before Committee stage; as ever, the door is open. I beg to move.

Bill read a second time and committed to a Grand Committee.

Senior Citizens: Means-tested Benefits

Baroness Stedman-Scott Excerpts

Monday 23rd May 2022 Lords Chamber

[Lord Dodds of Duncairn]

To ask Her Majesty’s Government what steps they are taking to ensure that senior citizens avail themselves of the means-tested benefits and allowances to which they are entitled.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, it is more important now than ever that we ensure that all eligible pensioners claim the vital financial help that pension credit provides. That is why we have been working really hard to increase the take-up of pension credit. On 3 April, we launched a new pension credit awareness campaign. Pension credit not only tops up the incomes of the most vulnerable pensioners but is a passport to other benefits, such as help with housing costs and heating bills, council tax reduction schemes and free TV licences for the over-75s.

[Lord Dodds of Duncairn (DUP)]

My Lords, I am grateful to the Minister for that reply, but over 2 million senior citizens now live in poverty in this country—yet billions of pounds in means-tested benefits go unclaimed every year. As she rightly said, this is urgent now, given the cost of living crisis and the start of a period of escalating energy price increases. The Minister referred to take-up awareness campaigns and so on, but surely more could be done about the availability of data and joining up benefit application processes. Will she commit to ensuring that even more will be done to put more money in the pockets of pensioners? After all, this is money to which they are fully entitled.

[Baroness Stedman-Scott (Con)]

I will answer the last question first. The Prime Minister has been clear that we are working extremely closely on this and will continue to do so. We will do more; no option is off the table but, unfortunately, it will take a little more time for us to announce those initiatives.

[Baroness Redfern (Con)]

My Lords, there is no doubt that the triple lock is so valuable to pensioners. The Government announced a one-year response to it—because of exceptional circumstances post pandemic, they said. I ask my noble friend the Minister: will the Government commit to restoring the triple lock? What support will be available during this time for pensioners who face fuel poverty as a result of soaring energy prices?

[Baroness Stedman-Scott (Con)]

The Chancellor has already committed to restoring the triple lock. Before I came here, I double-checked this and I can say that, yes, the triple lock will be restored. On fuel poverty, a package of support to help households with rising bills, worth £9.1 billion, was announced on 3 February. Customers of the state pension are also entitled to an annual winter fuel payment worth up to £300. The cold weather payments and the warm homes discount scheme will also be available to those in receipt of pension credit.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, mindful that many people, particularly senior citizens, have great difficulty in making ends meet and have to choose between eating and heating, will the Minister and her colleagues give careful consideration to a dedicated programme for the take-up of benefits among that cohort of senior citizens throughout the UK, working with the devolved Administrations as well?

[Baroness Stedman-Scott (Con)]

I thank the noble Baroness for that contribution and suggestion. As I said, it is important that we do everything we can. I cannot commit to a dedicated support service but, as I have done on many occasions, I will take it back to the Minister for Pensions and will write to the noble Baroness in due course.

[Baroness Altmann (Con)]

My Lords, it is of course important that people entitled to pension credit get it, but what are the Government doing to help the poorest pensioners? The winter fuel payment is lower than it was in 2009 and cold weather payments and warm home discounts have not increased for over 10 years. Given that in the pandemic the Government considered that a £20 a week addition to universal credit was needed, perhaps current emergency situations require consideration of similar measures for the state pension, or at least pension credit.

[Baroness Stedman-Scott (Con)]

I reiterate what the Prime Minister has said: no option is off the table. We will do what we can but noble Lords will have to wait a little longer for those announcements to be made.

[Baroness Sherlock (Lab)]

My Lords, I am glad that nothing is off the table but I would quite like to see something on the table. Maybe the Chancellor could be encouraged to think that there is a bit of urgency about this. One reason take-up is not always the answer is that the amount of pension credit that goes unclaimed is around £1,900 for every family entitled to receive it. That is why the state pension matters so much and why abolishing the triple lock this year—of all years—was so damaging. However, as this is about take-up, I looked at the stats and found that take-up is lower among older pensioners than younger ones. It is markedly lower for pensioners who are single rather than in couples. What does that tell the Government and what are they going to do to make sure that the money gets to where it is most needed?

[Baroness Stedman-Scott (Con)]

On pension credit take-up, the noble Baroness has made interesting and accurate points. We have this campaign. The Minister for Pensions is working with the BBC, other media outlets, GP surgeries, post offices and so on. It is our job to make sure that people are aware of the benefits of pension credit and to encourage take-up, but there is only so much we can do in that way. We really believe that families could be helping relatives entitled to pension credit to claim it.

[Lord Forsyth of Drumlean (Con)]

My Lords, further to the answer my noble friend gave earlier, when will the triple lock be restored?

[Baroness Stedman-Scott (Con)]

When the benefit uprating comes, based on the September figures for that year, the triple lock will be restored.

[Baroness Janke (LD)]

My Lords, what has been done to improve the application process for pension credit and make it simpler and more easily accessible to many pensioners, particularly those on their own and older pensioners who may not have easy and quick internet access?

[Baroness Stedman-Scott (Con)]

The noble Baroness’s question prompts me to go back and have a look at the application process. Perhaps I can come back to her on that. I am not sure that I can answer her other question about the internet, but I will go back and see what we are doing in particular to encourage and help people to claim via that.

[Lord Tomlinson (Lab)]

My Lords, notwithstanding everything that has been said about poverty among pensioners, they are not the only group in society suffering poverty. In the Minister’s enthusiasm to make sure that something is put on the table to help pensioners, can she also deal with the large number of people who are in work but getting such low pay that they have to get means-tested benefits? There is just as much of a problem in making sure that they apply for the available benefits, and I hope the Minister will make sure that she gives full attention to them as well as to pensioners.

[Baroness Stedman-Scott (Con)]

I assure the noble Lord that all groups are being looked at, in terms of making sure that they get what they are entitled to. We have universal credit, which in its technical form is working very well, and we are going to do the migration to universal credit, which will help to make sure that people get the benefits that they should have.

[Baroness Seccombe (Con)]

My Lords, I know that there has been extensive advertisement of pension credit in the national newspapers, but has my noble friend considered using local papers—particularly any freebies that are going, because they are read by a lot of older people?

[Baroness Stedman-Scott (Con)]

My noble friend makes a very good point. We are also making sure that we promote it in doctors’ surgeries, day centres, post offices and the local press. If anybody has any ideas for how we can do it better in local media, please let me know.

[Baroness Uddin (Non-Afl)]

My Lords, evidently, the campaign is not reaching the most vulnerable in our societies, including those who may have problems in accessing such campaigns. I have said this a number of times in the House, but will the Minister consider contacting some of the local newspapers and council newspapers as well as the satellite channels for this campaign, to reach the most vulnerable in our society?

[Baroness Stedman-Scott (Con)]

I would like to think that all those people are being contacted, but let me go and check. I shall make sure that that gets fed into the system.

[Lord Davies of Brixton (Lab)]

My Lords, the Minister mentioned that this was an urgent priority for the Government. It is an unfortunate fact that it has been an urgent priority for all Governments for at least 70 years. Will she agree that the only ultimate answer is to make sure that more people retire with an adequate pension, without the need for means-tested benefits?

[Baroness Stedman-Scott (Con)]

The noble Lord has made that point on many occasions and I admire his tenacity. We are doing what we can to make sure that the state benefit is there and that there is a benefit system to support people, but I cannot commit to the challenge that the noble Lord has given me.