Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether section 69A of the Child Support (Miscellaneous Amendments) Regulations 2018 defines cash as an asset which can be factored into a paying parent's assessment.
Answered by Will Quince
Section 69A of the Child Support (Miscellaneous Amendments) Regulations 2018 specifies money, whether deposited or in cash, should be treated as an asset for the purposes of calculating notional income. The maintenance liability will then be adjusted where a notional annual income of £2,500 or more has been identified.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether she has made an assessment of the effectiveness of section 6 of the Health and Safety at Work Act 1974 as it applies to medical devices containing computers; and if she will make a statement.
Answered by Sarah Newton
Section 6 of the Health and safety at Work etc. Act 1974 places duties on any person who designs, manufacturers, imports or supplies any article for use at work to ensure that it will be safe and without risks to health. In general this applies to all devices used in the workplace but there are exceptions, such as medical devices, which are regulated by specific regulations that set out more detailed duties.
The Medical Devices Regulations 2002 deal with the design, manufacture, import or supply of medical devices, including those which may contain computers/software. It is for the designer, manufacturer, importer or supplier to demonstrate that their product is safe. These regulations transpose the requirements of the following European Directives concerning product safety for medical devices:
The Medicines and Healthcare Products Regulatory Authority (MHRA) regulates medical devices in the UK. The following link provides more information on MHRA and its role:
https://www.gov.uk/topic/medicines-medical-devices-blood/medical-devices-regulation-safety.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, for what reasons restrictions are placed on people aged over 65 seeking to lease a car through the Motability scheme.
Answered by Justin Tomlinson - Minister of State (Department for Energy Security and Net Zero)
The Motability scheme is not restricted to those under 65. Around one third of Motability customers are aged 65 or older.
The Motability scheme is available to those in receipt of a qualifying benefit, regardless of their age. These benefits are the enhanced rate mobility component of Personal Independence Payment, the higher rate mobility component of Disability Living Allowance, Armed Forces Independence Payment or War Pensioners’ Mobility Supplement.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether housing benefit claimants who have become self employed must use a self employment declaration form, as the means of reporting that information.
Answered by Steve Webb
Whilst it is for the DWP to set Housing Benefit policy, local authorities have a statutory duty to undertake day-to-day administration and pay claimants.
It would be for local authorities to determine how they obtain the information they need from claimants who undertake permitted work on a self-employed basis or who have started self-employment.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether a housing benefit claimant who undertakes permitted work on a self-employment basis is required to complete a self employment declaration form.
Answered by Steve Webb
Whilst it is for the DWP to set Housing Benefit policy, local authorities have a statutory duty to undertake day-to-day administration and pay claimants.
It would be for local authorities to determine how they obtain the information they need from claimants who undertake permitted work on a self-employed basis or who have started self-employment.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, who is responsible for repaying an overpayment of housing benefit in cases where the local authority makes that payment direct to a landlord.
Answered by Mark Harper - Secretary of State for Transport
Responsibility for recovery of Housing Benefit overpayments lies with the Local Authority who paid the Housing Benefit and now seek to recover it. They will make the decision firstly on whether it is an overpayment and secondly whether it is recoverable and from whom it is recoverable.
The legislation provides for instances of recovery of housing benefit overpayments direct from the landlord where it has been paid to the landlord as long as the overpayment is recoverable and the Local Authority has decided to recover it.
However, if the overpayment arose as a result of a misrepresentation or a failure to disclose a material fact by the tenant, or an appointee, then it can only be recovered from the person who misrepresented or failed to disclose i.e. the tenant or the appointee. The legislation also covers a number of other instances where recovery could not be sought from the landlord.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what the effect of a claimant becoming self-employed is on awards of housing benefit.
Answered by Steve Webb
The effect of starting self-employment on Housing Benefit will depend on the local authority’s assessment of the claimant’s income, or likely level of income, from the self-employment.
Guidance on how to assess self-employed income is in Chapter BW2 of the Housing Benefit Guidance Manual, specifically in paragraphs W2.310 onwards. A link is provided below.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether it is his Department's policy that an award of housing benefit should be suspended when Permitted Work is reported as a change of circumstance.
Answered by Steve Webb
Guidance to local authorities on permitted work and how it affects Housing Benefit is provided in the Housing Benefit Guidance Manual, Chapter BW2, specifically paragraphs W2.141 and following. A link is provided below.
There is no specific suspension rule relating to permitted work cases. Decision makers have general powers to suspend any payment of Housing Benefit, in whole or part, when there is an issue about whether the conditions for entitlement are or were fulfilled, or a question arises about whether a decision to award HB should be revised or superseded. This might be exercised where, for example, the decision maker needs further information from the claimant in order accurately to assess Housing Benefit entitlement. It is not an obligatory power; the decision maker may decide whether or not to suspend, based on the circumstances of the case. Guidance is in the Housing Benefit Guidance Manual, Chapter C8. A link is provided below.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what the time limit is for local authority decisions on determining reported changes of circumstances.
Answered by Steve Webb
There is no time limit set by Central Government for this. The latest published data for average Speed of Processing for change of circumstances for 2013/14 is 9 days.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, under what circumstances local authorities are permitted to suspend housing benefit payments.
Answered by Steve Webb
Guidance to local authorities on permitted work and how it affects Housing Benefit is provided in the Housing Benefit Guidance Manual, Chapter BW2, specifically paragraphs W2.141 and following. A link is provided below.
There is no specific suspension rule relating to permitted work cases. Decision makers have general powers to suspend any payment of Housing Benefit, in whole or part, when there is an issue about whether the conditions for entitlement are or were fulfilled, or a question arises about whether a decision to award HB should be revised or superseded. This might be exercised where, for example, the decision maker needs further information from the claimant in order accurately to assess Housing Benefit entitlement. It is not an obligatory power; the decision maker may decide whether or not to suspend, based on the circumstances of the case. Guidance is in the Housing Benefit Guidance Manual, Chapter C8. A link is provided below.