Bereavement Support Payment Regulations 2017

Lord Bishop of St Albans Excerpts

Tuesday 21st February 2017 Grand Committee

Bereavement support payment should not be seen as only the latest in a list of reforms of bereavement benefit. It is a new approach to helping those who have been bereaved. First and foremost it is about providing fast, direct financial help in the initial crucial months following the loss of a spouse. Secondly, it is about helping widows and widowers to rejoin the labour market, providing them with the right level of support to make this a reality. This is a new approach with the interests of the bereaved, the families and the children at heart. It is with this in mind that I commend the regulations to the House. I beg to move.

[The Lord Bishop of St Albans]

I thank the Minister for his succinct and helpful introduction. I realise that we have already had extensive debates during the passage of the pensions Bill and I do not wish to impede the progress that we are making with these regulations. Therefore I hope the Minister will not mind if I briefly raise a number of concerns, which I know are shared by my colleagues on the Bench of Bishops, in the hope that Her Majesty’s Government might keep these under review.

I have three concerns. The first is around the length of time for which bereavement support payments will be made, particularly to widowed parents with dependent children. At Second Reading of the pensions Bill, my right reverend friend the Bishop of Derby suggested that three years of additional financial support should be a minimum standard when helping bereaved families to adjust to life without a father or a mother, and I endorse his comments. If the Government are serious about this payment being about bereavement support, they must recognise that the effects of bereavement go way beyond 18 months. I realise that it is difficult to decide on what is the right length of time but I want to push the issue a little. Universal credit, with its system of conditionality, is unlikely to be appropriate for a young family still coming to terms with its grief.

My second concern is about the Government’s refusal to uprate basic support payments in line with inflation, which will see the value of the payments eroded after time, particularly given the likely rises in inflation over the coming years. Benefit support payments must be added to the list of benefits subject to annual review and be uprated in line with inflation. I hope that the Minister will encourage Her Majesty’s Government to commit to that in the forthcoming Budget.

Thirdly and finally, I have a concern about the failure to extend eligibility for bereavement support payments to cohabiting couples, particularly those with children. One might be surprised that I am making this point. As a Bishop, I of course support marriage and want to encourage everyone to consider it good for society and individuals. One would know the line that I would come out with. However, a situation that leaves one in five parents ineligible for bereavement support if their partner dies is inadequate. I recognise that determining a qualifying partnership outside marriage or civil partnership is complex but these challenges are not insurmountable, particularly when one thinks about the welfare of children, who are almost always those who take the hit and suffer most.

Benefit systems already accommodate the claims of cohabiting couples, and the Armed Forces Pension Scheme successfully uses a definition of “eligible partner” to determine who can receive a pension. I hope that Her Majesty’s Government will give serious thought to this situation and see what can be done to extend support, at least to cohabiting partners with dependent children. That is my key point. Failure to do so could leave an estimated 2,000 families a year facing the future, having lost a parent, without the financial assistance of bereavement support.

[Lord Jones (Lab)]

My Lords, I am glad to follow the right reverend Prelate’s caring remarks, and my intervention will be brief. I thank the Minister for his thoughtful outline of the impact of these complicated regulations about serious matters. I note that Article 19 of the order to follow—the Social Security Benefits Up-rating Order 2017—refers to bereavement benefits. Can the Minister give us an estimate of the numbers of those claiming such payments in the past year? On the basis of that insight, can he estimate the number of future claimants under the new regulations?

--- Later in debate ---

[Lord Henley]

My Lords, I thank the noble Baroness, Lady Sherlock, the noble Lord, Lord Jones, and the right reverend Prelate the Bishop of St Albans for their contributions. I hope to deal with their concerns in the course of my speech.

On the first point raised by the right reverend Prelate about the length of time—this was also alluded to by the noble Baroness, Lady Sherlock—as noble Lords will remember, the original idea was that it should be for 12 months. This was extended as a result of the consultation, the comments from SSAC and the Select Committee to 18 months. One of the reasons for this is that it was considered that 12 months was not the optimum period, particularly in the light of its ending more or less on the anniversary of the death. Eighteen months fits in slightly better with that. The same could be said about three years because it also would fall on an anniversary. However, I do not use that to argue against a period that might be longer or shorter. We came to the view that 18 months rather than three years was about right and that thereafter, if necessary, income-related benefits would be more appropriate. The idea is to provide support at the time of bereavement and in the months afterwards, but there has to be a cut off at some point.

The noble Baroness accused us of bad faith when we extended the period from 12 to 18 months and said that the global amount would be a slightly smaller figure. If we extended to three years the same would apply—it would be a smaller figure—and it is better to get it in 18 monthly instalments than over a period of three years. Others may disagree, but judgments have to be made on this issue and we feel that 18 months is about right.

The right reverend Prelate also objected to the fact that there was no automatic top-up in line with inflation. The noble Baroness, Lady Sherlock, also wished to address the point. She will know that bereavement benefits of all sorts have been uprated in the annual Social Security Benefits Up-rating Order 2017, which we will get to later on. She will also know that the basic component of bereavement allowance and widowed parent’s allowance have to be uprated annually, at least in line with price inflation. There has been no requirement to uprate the bereavement payment, which has been frozen since 2001.

Bereavement support payment is a grant paid in instalments, rather than as an income replacement benefit, so it is treated in a similar way to the current bereavement payment. That is what is behind our views on that matter. It will be reviewed annually on a discretionary basis but without expectation that the payment should automatically be increased annually. Again, I imagine that we will want to come on to that later on, when we debate the general uprating order.

The third point touched on by both the right reverend Prelate and the noble Baroness was about extending the payment to cohabitees, as opposed to just those who are married and in civil partnerships. I do not actually know the result of the civil partnerships case that was in the Court of Appeal today.

[The Lord Bishop of St Albans]

It was rejected.

[Lord Henley]

I am grateful to the right reverend Prelate for saying that it has been rejected. By that, I take him to mean that it is still not possible for those of the opposite sex to have a civil partnership. Civil partnerships will therefore apply to those of the same sex, and marriages to those of the same sex and those of the opposite sex. We took the view that it was better and simpler to confine it to those groups, rather than to extend it to cohabitees. Cohabitees, as we have always known, have the ability to take steps to rectify their position and become married or, in certain cases, to become civil partners. To add the complexities, which I accept already face cohabitees regarding, for example, income-related benefits, such as UC, to a payment of this sort would not be appropriate. It can be dealt with by people themselves if they wish to regularise their position, which is always important to know.

I can remember some of the debates on various Private Members’ Bills, particularly one which I think was promoted by the noble Lord, Lord Lester of Herne Hill. He said that there was gross ignorance about this matter and that people thought being a common-law wife or husband gave them the same rights. I think that by now, most people should know that it does not give them the same rights; their rights are distinctly different if they are cohabitees. As I said, it would add excessive complications to a benefit of this sort, and I do not see the reason for extending it.

The noble Lord, Lord Jones, asked about the numbers of those who are likely to be affected. In the past, it has been something of the order of 40,000 a year and we have no reason to believe that it will be any different. I can add to that one other figure, which will be of interest to him and the Committee: of those 40,000, some 8,000 also have dependent children. That figure might or might not surprise the noble Lord. I was slightly surprised, since we are talking about claimants of working age, that it should be as low as that. But that is the figure, and I have no reason to believe that it will change.

Finally, I can confirm to the noble Baroness, Lady Sherlock, that bereavement support payment will be disregarded for universal credit and for income-related benefits. I think I made that clear in my speech. If even Homer nods, perhaps even the noble Baroness occasionally nods.

Brexit: Disabled People

Lord Bishop of St Albans Excerpts

Thursday 2nd February 2017 Lords Chamber

[The Lord Bishop of St Albans]

I too am grateful to the noble Baroness, Lady Scott, for giving us the opportunity to reflect on this important subject. For many years, the European Union has been an important driver of disability rights in the UK, helping to improve disability access and strengthen non-discrimination laws right across Europe. It was the European Union that ensured non-discrimination laws were extended to smaller businesses, and the European Court of Justice which extended rights to carers and those in relationships with a disabled person, to name just two examples. With the proposed European Accessibility Act still some time away from implementation, I hope the Minister can understand the fear expressed by many in this House and outside it that a post-Brexit UK may start to fall behind its European counterparts when it comes to disability rights.

Britain, of course, has a proud history of disability rights, but that is no guarantee of future progress. Indeed, in this time of cuts and savings, there will be great pressure on Her Majesty’s Government to ensure that those with disabilities take their “fair share” of the cuts. Despite the admirable rhetoric on cutting the disability employment gap, it is significant that one of the few policy changes of substance thus far has been to dramatically cut the benefit entitlements of disability benefit claimants in the work-related activity group. The Government’s policies, such as including disabled people within the underoccupancy charge and restricting the eligibility criteria for personal independence payments, are further trends that make many of the disabled people I have spoken to fearful for the future of disability rights outside the EU.

As we move towards Brexit, it is absolutely essential that Her Majesty’s Government give disabled people confidence that the UK will be a world leader in disability rights, showing the way forward rather than lagging behind. Although we have made significant progress over recent decades, there is still a long way to go in securing full accessibility and rights for disabled people in our country. This can be a particular problem in rural areas—I declare my interests as president of the Rural Coalition—where many people with disabilities still struggle with accessing basic services, particularly public transport. People in rural areas can also struggle to access adequate care services, something which may become even harder if and when the UK Government introduce immigration restrictions on those EU residents who make up a significant proportion of our caring workforce.

I realise that the Minister will today seek to reassure the House that any existing EU disability rights legislation will be incorporated into British law through the great repeal Bill. But I hope he will be able to go further than that, and reassure us that Her Majesty’s Government recognise there is still a huge amount of work to do and that there is a determination to take this forward.

Universal Credit

Lord Bishop of St Albans Excerpts

Wednesday 21st December 2016 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, I too thank the noble Lord, Lord Farmer, for this important debate. On behalf of these Benches, I take the opportunity to thank the Minister for his very considerable contribution, drive and service to this House, and wish him well as he leaves the Front Bench.

I think it is true to say that very few in this House disagree with the stated aims of universal credit—to simplify the benefits system and ensure that work always pays. However, I also suspect that there are quite a few of us in this House and, indeed, on these Benches, who fear that on occasion Her Majesty’s Government may have lost sight of that aim. Indeed, it seems that successive cuts to the welfare budget have been prioritised as an easy way of balancing the Government’s finances.

The Chancellor’s decision to lower the taper rate of universal credit in the Autumn Statement indicates a welcome change in the direction of travel, but that concession does not go far enough. It is cuts to work allowances that have most seriously undermined universal credit as an effective incentive to increase working hours, and only a restoration of those work allowances will see the credibility of universal credit restored. As the Centre for Social Justice has suggested, slowing or scrapping the Government’s commitment to increase the personal tax allowance would be the most obvious way of paying for an increase in work allowances, and would be a far more effective way of assisting hard-working families most in need of support. With more people in employment than ever before—that is a great thing—it is vital that the welfare system gives part-time workers an effective incentive to increase their working hours.

I want to make a further brief point about the loans made available to claimants in financial difficulties when direct payments are not available. It is crucial that people are made aware of, and are able to access, universal credit advances as soon as they apply for universal credit, given that they could be waiting for up to seven weeks for their claim to be processed. Access and awareness around hardship payments are also vital when an individual is sanctioned, as well as swift processing. Anything else will leave people quite literally going hungry, and that is not something we should be willing to accept in modern-day Britain.

Child Poverty

Lord Bishop of St Albans Excerpts

Thursday 17th November 2016 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, my thanks go to the noble Lord, Lord Bird, for tabling this important debate and for the challenging and spirited way in which he always makes his speeches, which not only entertain but very often get to the heart of many of the crucial issues. This debate is particularly timely because of the figures recently released by the End Child Poverty Coalition, which show that child poverty levels continue to rise steeply, reaching 47% in some areas. In his maiden speech the noble Lord, Lord Bird, spoke of the need to give those in poverty a hand up and not a handout. He focused on the importance of creating opportunities, rather than dependency. This of course has been one of the great themes of his life’s work. I believe that that is a crucial message.

One of the fundamental areas that I and others in the Church of England have sought be involved in is ways to empower the poor and challenge structural injustice. The Church was and is at the heart of the Fairtrade movement, seeking to ensure that workers are paid a wage reflecting the true value of their work. Across Britain, churches continue to organise with workers for a living wage. Organisations such as Christians Against Poverty are working to help those in the grip of debt take control of their finances, while countless Christian charities are working tirelessly to help, for example, ex-offenders reintegrate into society.

There is, of course, occasionally the need to give immediate relief where it is appropriate—for example, food banks—but that is not a long-term solution. However, one thing strikes me again and again when I visit food banks. I am so often told of the surprising number of families who, having been given food for a few weeks, get back on course and, far from becoming dependent, come back a few months later with gifts of food because, having received help, they want to help others.

The two priorities should run together. The Christian social ethic is, after all, one of neither dependency nor independence but of mutuality, in which both parties have something to give and so both receive something. An anti-child-poverty strategy must neither breed dependence nor hold the individual solely responsible for their circumstances, but seek to bring sustainable change through working in partnership for those who live in poverty.

Part of the answer lies in the education system. A quality education can empower children and is one of the most important routes out of poverty. However, it is not just about good schools. As the book Improving Children’s Life Chances, from the Child Poverty Action Group, points out, family poverty remains the strongest predictor of educational attainment. It says that around only one-tenth of all variations in exam results at 16 can be accounted for by factors relating to schools. Elsewhere it says that low-income families are much less able than others to afford items and activities that many more affluent families routinely pay for in order to boost their children’s educational attainment. Clearly, we should be doing all we can to improve our schools and close the educational attainment gap, as the Social Mobility and Child Poverty Commission’s State of the Nation report, published yesterday, makes clear. Re-establishing funding for local authorities to invest in early years education is also crucial if we are to close the income-based educational attainment gap that exists even before pupils set foot in a school.

However, the fact remains that as familial poverty inhibits educational attainment, it creates a vicious cycle. If we are to break that cycle, we must focus not on handouts but on economic empowerment—on income, in other words. We can talk about all the life chances indicators that we want, but if we lose sight of the centrality of income to a child’s life chances, we will not see children reach their full potential. This is not just the sole responsibility of government. As consumers we need to be relentless in our support of ethical businesses, and as neighbours we need to stand alongside those on poverty pay and support their campaign for a living wage—although policymakers clearly have a crucial role to play.

Improving economic empowerment means creating the conditions in which low-income families can flourish. It means making sure that those in poverty have access to adequate and affordable housing that conforms to the standard of Shelter’s new living rent campaign—something I fear may not be achievable given the present Government’s current focus on homes to buy at the expense of social rents. It means helping low-income families to manage their budgets and encouraging them to save when they are able, removing the poverty premium that means that such families pay more for fuel and other essentials. It means tackling low pay to ensure that working families can provide their children with the resources and experiences they require to flourish at home and at school. Crucially, on that last point, I want to join with the Centre of Social Justice and the Children’s Society in calling on the Government to reverse cuts to in-work allowances under universal credit. To confront child poverty, we must make work pay.

It is precisely because of concerns about creating dependency that we must ensure that the welfare system protects children from poverty. If we are to tackle the perennial problem of child poverty, we must give those children a secure platform from which they can thrive, both at home and at school. I hope that Her Majesty’s Government will give greater consideration to the role of income in establishing that platform.

Poverty

Lord Bishop of St Albans Excerpts

Thursday 14th July 2016 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, it is a great privilege on behalf of all noble Lords to thank the noble Baroness, Lady Sharp of Guildford, for her nearly 18 years of service to this House, and not least for that pertinent and passionate valedictory speech, which went to the heart of many of the issues we are debating today. I am constantly amazed at the sheer talent and expertise that is on display in this Chamber, of which she has just demonstrated an outstanding example. Her scholarly contributions to this place, particularly her steadfast championing of adult and further education, have been greatly valued, especially during her time as a Front-Bench spokesperson.

As the first woman candidate to be elected for the SDP she has always been something of a pioneer, helping with the early development of biotechnology and encouraging investment in science—work I know she is proud of. Noble Lords may also be interested to hear that, following her graduation from Newnham College, Cambridge, the noble Baroness, Lady Sharp, worked on the Board of Trade, dealing with overseas territories, which is where she met her husband. It is perhaps sad and slightly ironic that she is leaving this place just at the very time when we need the skills that she could have brought to bear. On behalf of all the Members of this House, I thank her again for her service and wish her well for the coming years.

I, too, thank the noble Lord, Lord Bird, for this important debate and pay tribute to the inspirational work that he has committed so much of his life to. We in the Churches share many of his concerns. Part of our response has been in providing immediate, short-term through food banks and other charitable schemes, which is essential as we respond to immediate needs. But of course this debate is about the longer-term response and how we address the causes of poverty. Part of that has been dealt with in our response through the growth of credit unions and debt-counselling schemes. The charity Christians Against Poverty worked with nearly 13,000 clients last year, with money advice, debt relief and programmes to support people in overcoming addictions and dependencies. The Living Room, a charity in Stevenage and St Albans in my diocese, is also making a significant impact by supporting people who are overcoming addictions, which are often a significant cause of poverty.

At the moment, there are a number of government proposals that have great potential to ameliorate the causes of poverty—for example, the Help to Save scheme, which is aimed at providing the essential financial buffer that protects poor families from the entrapment of debt. Talk of extra resources for family mediation is welcome, although it must become a reality. I know that there is a Private Member’s Bill in the other place which would seek to create a breathing space for families struggling under the burden of debt. That would be a great step forward and is something that I hope the Government are actively considering.

However, one of the major underlying causes of poverty on which I will focus for a few minutes is insecure housing—something that has already been addressed by the noble Lord, Lord Whitty, and the noble Baroness, Lady Warwick of Undercliffe. At the moment, all the indications are that this is becoming a more serious problem—it is getting worse. Without the security of an established base, the chances of holding down sustainable employment, of developing a stable family life or of people establishing themselves within the support networks of a local community are greatly diminished.

A stable home creates the platform from which other causes of poverty can be properly tackled, but this stability is on the decline. House prices are rising faster than average income, partly due to the fact that we are simply not building enough new housing. The amount of new social housing is falling, just as private rents are rising well beyond the reach of many low-income families. Short-term, insecure tenancies are fast becoming the norm, while local authorities are finding it increasingly difficult to provide stable housing for vulnerable families. Statistics released earlier in the year show that homelessness is rising: 2015 saw a 19% rise in the number of households outside London who had to be placed in temporary accommodation by local authorities.

The provision of stable homes for low-income families must become an integral part of the life chances agenda. Starter homes may be beneficial for some but they are not viable for those living in poverty. The investment in shared ownership is welcome but it does not go far enough. The Housing and Planning Act will cut off local authority routes to securing social rents, and the situation will only worsen if construction and development are hit badly by Brexit, as early indicators suggest they could well be. Just yesterday, the biggest housebuilder in the UK indicated that it will consider slowing the rate of construction if investment falls.

We need fresh thinking, whether it is around direct government investment in housing projects, freeing up councils to invest in new social housing stock or making changes to the private rental market to encourage long-term rents—for example, through government-backed social letting agencies.

I warmly welcome yesterday’s comments from our new Prime Minister in which she said that her belief in a union of all citizens means,

“fighting against the burning injustice that ... If you’re young you will find it harder than ever before to own your own home”.

But words must be accompanied by deeds. Will the Minister tell your Lordships’ House what changes Her Majesty’s Government will make to ensure that all people can find adequate and suitable housing as we seek to address this very fundamental cause of poverty?

Housing: Underoccupancy Charge

Lord Bishop of St Albans Excerpts

Wednesday 2nd March 2016 Lords Chamber

[Lord Freud]

I will have to repeat the answer that I gave to the noble Baroness, Lady Thomas.

[The Lord Bishop of St Albans]

Can I take the Minister back to the first question of the noble Baroness, Lady Sherlock, about panic rooms? His answer was that there is information out there but when someone has had a panic room installed through a sanctuary scheme, there is a clearly defined problem. It seems that we need to find some way to make sure that that advice automatically gets to them. Has the Minister considered any way in which we can encourage local authorities to have a duty to give that information about the discretionary housing payments?

[Lord Freud]

The information on this is disseminated. When people are written to, informing them that they are subject to the removal of the spare room subsidy, the information is made available to them on that occasion. Awareness of that is growing.

Welfare Reform and Work Bill

Lord Bishop of St Albans Excerpts

Wednesday 27th January 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, in responding to the noble Lord, Lord Lansley, I do not want to go over the debate we had last time, although I pointed out then that in the survey to which he referred, the policy implication it was drawing out more was the need to improve in-work benefits. Since that debate, it has been drawn to my attention that the loss of the limited capability for work element of universal credit will cut the benefits received by disabled people in work. I cannot believe that this is the intended consequence.

This matter was brought to my attention by Sue Royston. I will simply read out what she sent me, as otherwise I could get it wrong—welfare rights can get a bit complicated. She wrote:

“Under Universal Credit, the main additional financial support for disabled people in work to cover their extra costs in work is the limited capability for work element. Any person requiring additional support because of a health condition/impairment will therefore have to take the work capability assessment … and be placed in the limited capability for work group (WRAG group) even if they are working more than 16 hours a week. Anyone on Universal Credit who qualifies for the limited capability for work element currently receives an extra £30 in their Universal Credit regardless of the hours they work.

The limited capability for work element and for some disabled people additional support through the disabled person’s work allowance is meant to replace the additional support disabled people in work of 16 hours or more receive in the current system through the disabled workers element of working tax credit …

Removing the limited capability for work element in Universal Credit will … reduce substantially the additional support a disabled person in work can receive to help with their additional costs … 116,000 disabled people currently receive the disabled workers element in tax credits”.

I cannot believe that this is an intended consequence.

I support the amendment but I hope that, if it is unsuccessful, the Minister will look at this matter. It completely flies in the face of what is said to be one of the purposes of these provisions. Perhaps we need to come back to this on Third Reading because we did not look at it properly in Committee. Only the experts in welfare rights pick up something like this and draw it to our attention. It is a very important point that rather undermines the argument that this is all about improving work incentives, which the noble Lord, Lord Low, had already pretty well destroyed as an argument.

Finally, I do not think that I have ever said that paid work is a cul-de-sac. I have said that the danger is that it becomes a cul-de-sac and that depends on what happens to people who are in paid work. If I said it, I certainly did not mean it. It is the danger that we cannot assume that paid work is a route out of poverty. It certainly will not be a route out of poverty for disabled people if we cut their income by £30 a week.

[The Lord Bishop of St Albans]

My Lords, as I said in Committee, if this reduction in benefits for the disabled is about incentivising work rather than simply cutting costs from the benefit budget, I support the Government’s intention. However, the way in which they are going about the task to cut ESA WRAG and its universal credit counterparts is misguided. Clearly, other noble Lords agree with that. For that reason, I am inclined to support the removal of Clauses 13 and 14.

A number of noble Lords have spoken about this stubborn disability employment gap—this sad indictment on a society that has perhaps for too long been willing to ignore the aspirations of the disabled to engage fully in society through work. Reference has already been made to the Government’s impact assessment, which found that 61% of those in the work-related activity group want the opportunity to earn a living. It is quite right that the Government have committed to halving the disability employment gap. The problem is that this is a complex issue. Some have a physical disability, others a mental disability. As the noble Baronesses, Lady Manzoor and Lady Meacher, said, people with chronic illnesses are also lumped into this group.

I declare an interest, in that my sister works for the motor neurone disease charity, which has met with me about this. It is deeply worried about this. This is a disease the progression of which is so rapid that many people would be way beyond any possibility of doing any work even before they get any sort of assessment. It is vital for people with this devastating diagnosis—many are young with children—to have all the support that they need immediately.

However, if this cut continues under the Government’s strategy, I fear that it will be a poor strategy. Indeed, I fully concur with the review into these clauses, published by the noble Lord, Lord Low, which found that,

“the Government’s impact assessment of the removal of the ESA WRAG component is lacking in depth and quality”.

It may be that the case for a cut in benefits will act as an incentive to encourage the fully able to find employment, but I have still to see the evidence that that will apply for the disabled. By removing nearly £1,500 from the future budgets of those who join ESA WRAG or those receiving universal credit limited capability for work, it seems that all the Government are likely to succeed in doing is push more disabled people into poverty, and, as others have said, probably destroy what little confidence and hope that they have as they want to get back into work. Those in this group are not in the same position as fully able JSA claimants and should not be treated as such; many are likely to remain in the WRAG for an extended period and their benefits situation must reflect this reality.

Like many noble Lords, I have met people who are disabled who are longing to get back to work. I do not believe that the basic problem is one of incentivising them. It really is a different problem—one of perception. I remember when I was an archdeacon many years ago and we made some major steps when legislation first came through to get ramps for every one of our churches. We looked at these problems and thought, “How on earth are we ever going to do it?”. Actually, there was a massive change of attitude, partly because we insisted that some of the people who argued against it got in wheelchairs and got themselves into churches. They discovered just how difficult it was. I have to confess that I had a change of perception; I had not got my mind around it.

I believe that we have an even bigger leap to take now. The vast majority of disabled people will need customised, individual help. That is part of the issue and the problem. What is needed is not so much carrot-and-stick incentives, but a wider strategy that helps disabled people to overcome the many challenges that they face in entering, or re-entering and staying in, the workplace. We need programmes and interventions designed to help these groups into employment, not arbitrary cuts to the living standards of some of the most vulnerable people in our society.

[Baroness Campbell of Surbiton (CB)]

My Lords, I also support the amendments in the name of my noble friend Lord Low and other noble Lords. I will concentrate on an aspect that I do not think has been fully recognised in the Chamber today.

It is important to remember that the cuts to ESA proposed in the Bill are happening not in isolation, but in a certain context. I respectfully disagree with the noble Lord, Lord Lansley, who said that we cannot let things remain the same. They are not remaining the same; I am afraid that they are getting worse. For example, I have spoken in the Chamber regularly about the desperate situation in social care, where disabled people are having their support drastically cut. This leaves them no alternative but to fund the shortfall personally or to go without and face the consequences. There are other areas of disabled people’s lives where the extra expense of living with a disability is rising year on year and month on month. My own annual bill comes to just over £12,000, which is checked and verified by my social services department—£12,000 a year. Please do not imagine that DLA or PIP covers this; it simply does not.

We know from the spending review last November that the Government plan to bring forward a new White Paper which is expected to announce further changes and reforms to ESA and benefits to disabled people, as well as to the WCA. Disabled people are fearful that the assault on their personal finances does not end with today’s proposals, and I think that they are right to be anxious. Today, the Minister will ask the House to decide whether to follow my noble friend Lord Low’s amendment on financial support for disabled people who have been assessed as unfit for work. In a few weeks’ time, the Minister will again announce plans to reform the whole system further in the White Paper. Today we are being asked to make decisions on proposals that will soon be impacted by further government changes. This is not joined-up government. It is not the joined-up approach that we have been promised by this Administration.

Frankly, disabled people are worn down by the relentless changes and cuts to their support arrangements and are right to be afraid of what is to come. Their personal finances are not in a good state. I speak for all of us, including some others here today—we should be afraid on their behalf and should support my noble friend Lord Low’s amendment today.

Welfare Reform and Work Bill

Lord Bishop of St Albans Excerpts

Monday 25th January 2016 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, I, too, support the Government’s aim of getting people out of unemployment and back into employment and I am grateful to the Minister for his clarification in Committee that reporting on the disability employment gap will be included as part of the Government’s overall employment reporting. However, like other noble Lords, I fear this commitment may not go quite far enough.

If the Government are to stay true to their commendable aim of halving the disability employment gap, detailed data and thorough reporting are absolutely crucial to achieving it. Particularly important is the breakdown of how unemployment rates differ across disability groups. If the government reporting looks only at the disability employment gap as a whole, it will be extremely difficult to see which disabled groups are making progress and which are not. I am concerned that this would make it possible for the employment gap to drop significantly through government interventions targeting only those with the most limited impairments.

We know anecdotally that those with physical impairments tend to find it easier to return to work than those with mental health problems and learning difficulties. While it might therefore make economic sense to target programmes and interventions at this easier group, I am sure the Minister will agree that this will go against the spirit of the Government’s manifesto commitment. Any government reporting needs to look at the range of barriers faced by those in all disability groups and work to combat these barriers across the board.

We need work programmes that are properly targeted to address the needs of all those who are seeking employment across different disability groups. Statutory reporting of the disability employment gap, using the metrics outlined in this helpful amendment, would put such programmes on a clear footing and will provide a clear rationale for the way forward. Anything less than this would be a missed opportunity for the Government. I hope the Minister will consider carefully the points that have been raised.

[Baroness Howe of Idlicote (CB)]

My Lords, in supporting the amendment so ably spoken to by my noble friend Lady Campbell, I will speak to my Amendment 42, which seeks to make changes to the Welfare Reform Act 2007.

The amendment would much improve the support provided to help people with mental health problems into work. It would add people with mental health problems in the ESA work-related activity group to the list of those currently exempt from the higher levels of conditionality introduced in the Welfare Reform Act 2012.

We all want the same thing: to help more people into work. We are also far more frequently discussing in your Lordships’ House the importance of better supporting those with mental health problems. My amendment speaks to both of these motivations.

The types of conditions that people in the ESA work-related activity group experience are more complex than those experienced by people on jobseekers’ allowance. We can easily imagine how people’s symptoms could be exacerbated when they are required to attend activities in order to qualify for their benefit. However, we also know that many of the activities are not tailored to their individual needs. People with social anxiety disorders can be mandated to attend confidence-building classes with 20 other people who do not have a mental health problem, and many people talk of being sent to health and safety courses. Often nothing is offered to address their real barriers to work.

The individual placement and support model is currently being piloted by the department to support people with mental health problems into work. This approach has been shown to work. At WorkPlace Leeds, part of Leeds Mind, 32% of its clients secured employment through voluntary support last year. That is a far higher rate than the 9% achieved through the Government’s Work Programme nationally.

Housing: Spare Room Subsidy

Lord Bishop of St Albans Excerpts

Tuesday 22nd December 2015 Lords Chamber

[Lord Freud]

We have seen a reduction in the numbers affected by the removal of the spare room subsidy. They are down by nearly 100,000—by 18% or 98,000. Half of those have downsized—45,000 within the social sector and 12,000 moving into the private sector. We have seen 20% of people looking to increase their earnings. That figure goes up to 63% for those affected who are unemployed. So, no, we will not be changing this policy.

[The Lord Bishop of St Albans]

My Lords, I welcome the final report’s findings that local authorities are becoming more efficient in the allocation of direct housing payments. However, it has also revealed that there is a postcode lottery. Some local authorities are making payments to all claimants while others have imposed quite strict criteria. Does the Minister agree with me that it is important that this should be placed on an equal footing so that in whatever part of the country people live, they receive exactly the same treatment, irrespective of the locality?

[Lord Freud]

We have approached helping people who are hard cases through the discretionary housing payment route, which has been found sound in the courts. The reason for that is that local areas are best placed to determine how best to help people in their own areas. They are doing it in a variety of ways, but that reflects their views on how best to do it in their areas.

Welfare Reform and Work Bill

Lord Bishop of St Albans Excerpts

Monday 14th December 2015 Lords Chamber

[Baroness Grey-Thompson (CB)]

My Lords, I speak in support of Amendment 67 in the name of my noble friend Lady Campbell of Surbiton. I wholeheartedly support the Government’s laudable aim to halve the employment gap. Leonard Cheshire has called it the most ambitious and exciting commitment to disabled people in the last decade. However—I am sure that the Minister was expecting a “however” from me—without reporting it becomes just awareness. Awareness will not do it. There has been awareness-raising for as long as I can remember. There is a moment of “wake up”, when people realise they should be slightly more open to disabled people, but then they forget what they are meant to do. Charities such as Scope, Mind and Mencap, to name a few, have had amazing public campaigns to raise awareness. There is a host of such organisations. Disability Confident is a bit of a step forward, but the shift in attitude is minute. We know that because the employment gap still exists.

It is important to look at the reality of how this changes for specific impairment groups. We are not one homogeneous group. We are not “the disabled”; we are disabled people. Different solutions will be required for different people: two wheelchair users do not require the same solutions, let alone the difference between me as a wheelchair user and somebody with a learning disability. We can all be treated and discriminated against in very different ways. With changes to things such as disabled students’ awards and Access to Work, which is too complicated and inflexible—it takes too long to apply to get support—and the other changes that have come in, a number of people have written to me to say that their access to work has been cut with extremely short notice. They have gone from full-time support to suddenly having 12 hours a week. They are then pushed out of work. Instead of helping them it is making their lives far more complicated.

Disabled people are tired of awareness; we are tired of waiting. Disabled people just need a bit of help. The biggest change will come if we move away from awareness. If the Government are really serious about closing the employment gap, the tone must come from this Chamber and the other place with them accepting the amendment.

[The Lord Bishop of St Albans]

My Lords, I rise briefly to support Amendment 65 in the name of the noble Baroness, Lady Manzoor, and Amendment 67 in the name of the noble Baroness, Lady Campbell of Surbiton, which would legislate for a disability employment gap reporting obligation.

If we are to take the Government at their word—that the measures in the Bill reducing benefits for the disabled are about incentivising work, rather than simply cutting the cost of the benefit budget—I freely applaud the intention, if not necessarily the execution. The disability employment gap is, of course, a sad indictment of a society that has for perhaps too long been willing to ignore the aspirations of the disabled to engage fully in society through work. As the Government’s own impact assessment found, 61% of those in the work-related activity group want the opportunity to earn a living. It is quite right that the Government have committed to this laudable aim of halving the disability employment gap. We all applaud that.

There are, of course, measures within the present Bill that the Government claim will contribute towards reducing the employment gap by incentivising paid employment; the WRAG cut is the obvious example. However, as was evidenced in this Chamber last week, there are quite a few people with a great deal of experience in this area who have grave concerns about the effectiveness of the measures. This kind of carrot-and-stick approach cannot be a substitute for the proper strategic, joined-up thinking across the departments that will be required if we are to help disabled people overcome the considerable challenges they face in entering or re-entering the workplace.

I acknowledge that the Government are making good progress on this issue on some fronts. For example, I welcome the announcement in the spending review of the new work and health programme. However, a proper reporting obligation will bring much needed clarity and transparency to the issue of disability employment, as well as allowing the Government to think more strategically about how best to allocate resources in an effort to close the gap. This obligation is made even more essential, given the seriousness of the implications of measures like the ESA WRAG cut for those who currently rely on such benefits. If the WRAG cut does not facilitate increased numbers of disabled people moving into work—or, even worse, makes it harder for them to find employment, as a number of charitable bodies have suggested—we need to know about it. These amendments would cost the Government almost nothing, but would give them a sound platform going forward as they seek to fulfil this excellent pledge to close the disability employment gap. I therefore hope that they will support some form of these amendments as we go forward.

[Lord Suri (Con)]

My Lords, it is a pleasure to be able to support Amendment 67, which is crucial. At present, the disability employment gap means that disabled people are over 20% less likely than their counterparts to be in full-time employment. Employment has many benefits other than the obvious one of economic advantage. The recognition of your employment acts as an important societal signal, improving your reputation among your peers. Furthermore, in what the Prime Minister has termed the “global race”, the cost to the country of having unutilised human capital is immense. Quite simply, high levels of unemployment for the disabled are not something we can afford.

The new clause which Amendment 67 would introduce would nudge the Secretary of State into dealing properly with this issue, and laying out a clear strategy to close the disability employment gap. The current Secretary of State has made significant strides towards helping the disabled into work. It would also allow Members of Parliament and Peers to scrutinise the work done in this field separate from any other scrutiny of employment statistics which goes on. Some might argue that this is not required or that it is impracticable to have a separate report for disabled people but, as the amendment says, these people are,

“marginalised from the labour force and require a specific focus”.