Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012

Debate between Baroness Stowell of Beeston and Baroness Turner of Camden

Monday 8th October 2012 Grand Committee

[Baroness Stowell of Beeston]

Yes, they still apply.

The noble Lord, Lord McKenzie, also asked about people with health conditions. These regulations do not change the requirements that are on claimants as of now. Through Jobcentre Plus and the work programme, we will provide claimants with health conditions with the personalised support that they need to overcome their barriers to employment. All requirements will take their health into account to ensure that they are not asked to do something which would be unreasonable.

The noble Baroness, Lady Turner of Camden, asked in her remarks about those disabled people who may be moving from DLA to JSA or a version of that under universal credit. Today, we are obviously concentrating on JSA, which is very different to DLA. However, I take on board the point that she makes about ensuring that people have a clear understanding of what is changing and how they are affected by those changes. That is certainly something which needs to be addressed.

[Baroness Turner of Camden]

I thank the Minister for that response, but what is the situation for appeals generally in relation to this legislation? People will miss out on benefits if they receive a decision stating that sanctions will apply to them? Is there any appeal mechanism here and, if so, what is it?

[Baroness Stowell of Beeston]

There is no change in the appeal measure. I will come on to sanctions in a moment and give more specific information on appeals but the short answer to the question is “no change”. Safeguards were raised by the noble Lords, Lord McKenzie and Lord McAvoy, and the noble Baroness. I do not want to take up the Committee’s time as I clearly spelt out the safeguards in my opening remarks. They will be very much as they are now. That area will not change.

The noble Lord, Lord McAvoy, asked about people with mental health issues. The decision-makers will receive in-depth training to ensure that they are able to make the decisions that are required of them as they affect people with mental health issues. The noble Lord, Lord McKenzie, asked whether a jobseeker’s period of sanction counting towards the 182 days contribution-based entitlement will be changed. No, because a person is still entitled to JSA during a sanction period. Therefore, entitlement continues for that 182 days, including any sanction.

I think that I have covered most of the points that have been made. The noble Lord, Lord McKenzie, asked whether Jobcentre Plus has any targets for sanction referrals. I can say categorically that it does not. The noble Baroness, Lady Turner, asked about the appeal process, as did other noble Lords. Claimants may appeal any decision to reduce or stop their benefits arising from the First-tier Tribunal within one month of being notified of their sanction or disentitlement. Claimants can also ask Jobcentre Plus to reconsider the decision to sanction or disentitle. Jobcentre Plus will reconsider all decisions before any appeal so that only unresolved disputes have to go to an appeal hearing. Of course, we will ensure that all new claimants receive clear information about the sanctions regime and the appeal process.

I think that the noble Lord, Lord German, asked about ESA and whether the measure aligned JSA with universal credit. That will be introduced by a separate statutory instrument through the negative resolution procedure. It is not part of the measure that we are discussing. I take on board the points he made about the Printed Paper Office. I think that—