Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 8 months ago)
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Lord Boswell of Aynho
My Lords, I have not spoken much in Committee on these issues but, very briefly and in support of what has been said, I, too, should like to register my concern. Having had the benefit of reflecting on what has been said so far, there seem to be two underlying themes. The first is that there is a need for the system—that is, the Minister and his officials who are acting on the legislation that we are in the process of enacting—to proceed with a degree of humility. I do not mean fawning or trying to say that there are no problems, or that it is impossible for a Minister to take a decision. A Minister always has to take a decision, or officials must do so in his name. However, I detect in the Minister’s responses this afternoon a readiness to understand that past practice has often been defective and is often, if I may say so, seen to be penal by the individuals concerned when they are in this process as claimants. Therefore, the process needs to be more sensitive to their needs and more conscious of the limitations of the human who has the power to bestow or withdraw the benefit. There should also be more understanding of the fallibility of the system.
Of course, we have to reach a conclusion but the idea of at least some process of iteration, evaluation and progressive change is important. I read the assessment criteria for PIP again today. They say explicitly that trying to get it right is an “iterative process”. That is what we are all trying to do, including the Minister. We are all trying to get a sensitive response. It is important that the process is sensitive not only to the establishment of this situation but to its evolution and development, the representations that are made to it by interested parties and the light of experience.
That brings me to my second point, on flexibility. If we eventually say, “We’ve done an awful lot of consultation and this is where we are. That’s it”, we will get into the danger that the noble Lord, Lord Touhig, reported. That is, if it becomes the law of the Medes and the Persians, we could then find that we are overtaken by events or experience and that it is not good enough. We would then be creating unfair or penal situations, or we would have to tear up the legislation and start again.
All I should like the Minister to say—I think he will want to signal something like this—is that the Government understand that this is an extremely sensitive area, particularly in relation to people on the autistic spectrum, but also more widely. We need an understanding that the system is on the side of individuals who are involved in this process. It is not designed to leave them out, humiliate them or create embarrassment for them; it is designed to be fair to them. I think there is a wish to do that. Fallible officials who need training, and may need retraining or development in this process in the light of experience, should also understand that they, too, are part of this process of discovery. The more we move away from the conventional model of opposition—of advocates and a decision—that we have always enjoyed in the Anglo-American system, towards an understanding that we are trying to hammer out a process that is fair to individuals and reflects their genuine needs, the better and happier we shall be.
Baroness Howe of Idlicote
My Lords, I support this suggestion, which would solve an awful lot of problems. It would clearly give the Government time to catch up with their own aims and put them into practice much more clearly and in a way that other people will understand and be able to act on. There is a need for training and, from what we have heard from those who have practical experience, a need for retraining of some of the so-called experts. I am also slightly worried by what the noble Baroness, Lady Wilkins, said at the end of her contribution about huge sums of money being paid for “expertise” in this area. There was, almost inevitably, a comparison with the individual at the receiving end. Maybe we cannot afford to give them more but it is a small sum compared to what the expert gets. This is another opportunity to strike a better balance.
Lord Freud
My Lords, when I write I will try to do a full breakdown of what is available.
Lord Boswell of Aynho
Picking up the point made by the noble Baroness, Lady Lister, perhaps my noble friend could also indicate any of those benefits which might be susceptible to the benefit cap under the proposals of this legislation.
Lord Freud
I will do that. However, it would be preferable to look at that issue in the context of the benefit cap rather than this context. We will be looking at that soon—I was hoping to say very soon.
I will go through those social security benefits. I should mention in this context of additional support—I pay tribute to Macmillan for its highly motivated campaign—that parking charges at hospitals are increasingly being waived for people attending treatment who have been diagnosed with cancer. I appreciate that some of these support functions can take a while to be assessed and put into place, and that they may not be available in all areas, but I suspect that that may be a debate for a different day and, indeed, a different forum. For example, if there is a delay in putting in place financial assistance to help someone meet transport costs necessary to go to and from out-patient treatment, that is a matter for primary care trusts to resolve. It is not the place for a long-term benefit for long-term needs to step in to meet shortfalls or delays in such provision.
I have also listened with interest to the arguments presented in support of those who suffer sudden-onset conditions such as stroke or traumatic injury. While the immediate effects of such a sudden-onset condition may be highly debilitating, it is important that we consider the role that the National Health Service plays. Following a sudden-onset condition, it is doctors and nurses who will be caring, stabilising and treating the individual while their condition remains acute, and it is the hospital which will be responsible for the individual’s disability-related needs in their entirety during treatment.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 8 months ago)
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Lord Sassoon
It is important that we are reminded of that. This change to the withdrawal rate was one of a significant number of changes that the Treasury and my right honourable friend the Chancellor had to make to start to get the books back into balance—the start of a five-year process to get us back into balance. That is where the change comes from, and it is part of a wider reform thrust, which is the subject of a lot of the wider debate in this Committee. It was part of the overall approach to dealing with the deficit in a fair and targeted way. The noble Lord asks about the distributional impact. Of course, with the June 2010 Budget it was the first time that the Government put into the documents a complete distributional impact of the tax changes. It would be wrong to pick out the distributional impact of an individual measure like this. For the first time the Budget document gave the overall distributional impact, of which this withdrawal is just one element. It should be considered alongside other changes in personal allowance, which will boost work incentives. Again, it would be wrong to take this in isolation but it is important to remember that this was part of a complex construct.
Lord Boswell of Aynho
My Lords, will my noble friend reflect, in conjunction with our noble friend his colleague, that in a sense—I have enjoyed watching the passing scene on this matter—he has been rescued by the fact that the concept of income tax is a tax from year to year and has a defined period in which adjustments can be made? But I understand that under the universal credit, the payment period will be somewhat different and the ability to use that kind of argument, if there were a miscalculation of the taper rate in the future, would not be available? That is perhaps the moral that Ministers and officials will need to take into account in avoiding any slip-ups in the future.
Baroness Hollis of Heigham
My Lords, in the wording in proposed new subsection (2), all that comes close is in the regulations referring to capital being deemed to be income and income being deemed to be capital. Here we have something that has to be treated as being done is though it would have been done had it not been for the fact that it was not done. As a basis of legislation in future, I wonder whether the Minister would welcome such an approach from the Opposition.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 8 months ago)
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Lord McKenzie of Luton
My Lords, I have given notice that I intend to oppose that this clause stand part of the Bill in order to be able to return briefly, I hope, to a subject that we have touched on before. Because of its significance, I want to clarify certain points.
Specifically, does this clause introduce a change? Is it a widening of the definition of work-related activity? If it is not, one might ask why the provision is in the Bill at all. We see merit in work placements and work experience but we are trying to understand the boundaries between them and work itself. This is important, as it is being made available and could be mandated for those in the WRAG—those found not fit for work. Are those in the WRAG currently involved in work placements and work experience? If so, what safeguards are being introduced? In particular, what guidance is given to providers in the work programme about all this, and what monitoring is undertaken? Is access-to-work funding available for work experience and work placements as for work? If not, how does that help disabled people move closer to the labour market?
I shall tag one further question on to this debate. It has been reported in the press—I know that the noble Lord is reluctant to comment on press reports—that somebody who has been in the work programme for two years and has not been in employment will come off and go into some form of community service arrangement. Are we likely to see any amendments come forward in this Bill that touch on this issue, or will that be dealt with in regulations, or is it pure speculation that we can ignore?
Lord Boswell of Aynho
My Lords, I invite the Minister to comment on the way that I construe the clause, which is that it is facilitative and increases flexibility, which seems to me very welcome. Adding to the list of questions given to him by the noble Lord, Lord McKenzie, could he also say a little about the employment status of people in this situation and, for example, their insurance and other measures of cover? I am more conscious of the situation in relation to children at school. There are sensitivities. It is important that they are got right, but the principle is a good one.
Lord Freud
The obligations of the local authorities are centred on housing provision. There are a number of duties around what local authorities have to do to rehouse people according to their homelessness obligations. That is where some of the crises would be dealt with. Local authorities could look to provide the support using some of the Social Fund money that they have available. In practice it will be a more efficient use of money because we will have a one-stop shop for that kind of problem in the housing area.
Lord Boswell of Aynho
My Lords, would it not also be reasonable, in cases of very substantial disasters extending perhaps beyond the compass of a single block of flats—although that would be a serious local tragedy—to look at the Bellwin scheme, which as I understand it is designed to deal not with the initial tranche of costs but with the substantial extra costs that local authorities will face if they are confronted by a major natural or physical disaster?
Lord McKenzie of Luton
The noble Lord is absolutely right. That was deployed in relation to the flooding in Cumbria.
Lord Freud
My Lords, I know that the noble Baroness is very concerned about this issue and it may be that there is a breakdown in some particular circumstances. But there is a duty on authorities to meet these duties. In my reflections, I will look at this because it may be connected with how we might find a solution to the more general concerns.
Lord Boswell of Aynho
Would the Minister also consider having talks with the Local Government Association, possibly in conjunction with his ministerial colleagues, about at least reaching some form of understanding or issuing guidance that might be given to the superior local authorities in dealing with their constituent districts? That would bring in some sensible rules of engagement or criteria for assessment of adequate performance.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 8 months ago)
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Baroness Sherlock
I will focus on another point. Would the Minister mind answering the two points together? I am interested in trying to understand this. I have worked in the past with girls who got pregnant while they were in education, dropped out of school and were then eventually encouraged to get back to the stage where they could again get an education. The Minister has made clear his position on those who did not have basic literacy and those who might want to go to university or higher education. As I understood it from the amendment of my noble friend Lady Lister, we are talking about level 3: that is, A-levels or an international baccalaureate. I am not completely sure whether a young woman in that situation, who wanted to go back and get herself up to A-levels, would be allowed to do that or have to fit that around looking after children and a job as well.
Lord Boswell of Aynho
Further to that intervention, will the Minister also comment on the thought that occurs to me? It is that the test should be the value added from the education sought, at whatever level that happens to be.
Lord Freud
There is a lot of change going on in this area, as noble Lords will know. We are committed to picking up the recommendations of Professor Wolf, who wrote a stunningly important report—one of the best reports in this area that I have ever read. There are some principles in there about funding following the individual which have not been fully worked out. I am not discussing a static situation here. On the question of the check-out counter and fitting it around A-levels, as things currently stand the position is that the person would have to take the check-out job and fit the A-level around that. However—I hope that noble Lords can read between the lines—this situation has movement in it in the years to come, given what the Department for Education is determining to do around the Wolf report. I do not think that this is the last word on the matter but it is the last word as far as this Bill is concerned at this particular time.
Lord Boswell of Aynho
I want to speak briefly to the amendments in the order in which the noble Lord, Lord McKenzie, raised them. First, I enter a note of reservation about Amendment 51FZB. I do so not out of a lack of concern for disable people but out of a concern not to red-line, identify them, or subject them to special treatment unless that is appropriate. We all understand that many jobseekers who are put on to the work search programmes may find life more difficult because they are disabled—that is not in question. The issue is whether the sanction, or the potential for one, in the event of misconduct—I refer to the high-level sanctions in Clause 26 rather than those in Clause 27—should ever be neglected. If a disabled participant on this programme were to reply to the department, “You can think again Charlie if you think I’m going to take that … job”, I am not sure that they should be treated differently from anyone in that position who happened not to have a disability.
On the other hand, if the disability were germane or material to explanations offered as to his inability to comply with the requirements in the section, it would be entirely unreasonable of the Minister or his decision-maker not to have regard to that. It might well be sensible to take the advice of a disability employment adviser, but I do not believe that we should create an artificial distinction about disabled people if the nature of their conduct is not related, or could be said not to be related, to their disability.
As regards Amendments 51ZC and 51FZD, I will rest on the Minister’s explanation for the periods he has chosen. As regards Amendment 51FB, I shall share with the Committee my view, expressed not for the first time, that I am not a particular fan of sanctions regimes. However, I am grateful to the noble Lord, Lord McKenzie, for admitting that there is a case for them and that they are necessary to support a conditionality regime, particularly where people are disinclined to undertake work, work experience or work preparation. We should not put too much by it and it will be interesting to hear the Minister’s response on how much this should be conditioned or targeted. At the back of my mind is the awful memory of the press reports in the first days of the Child Support Agency, alleging that the staff cheered when some delinquent absent parent had been identified. I am not sure that that is the right way to approach this issue; I believe that sanctions are better conducted more in sorrow than in anger, if I may put it that way.
I have one further question for the Minister. Before I ask it, though, perhaps I should say that, with respect to the noble Lord, Lord McKenzie, there might be a slight technical defect in the way that he has presented his Amendment 51FB; it bears on Clause 27 but it should bear also on Clause 26, unless there is some distinction in principle, and I shall comment on that. It would be helpful, for the benefit of those of us who have not been quite as assiduous as we should have been in attending the Committee, if the Minister could explain the difference between the two sanctions regimes in Clauses 26 and 27.
One further point is prompted by the fact that I know that, as I speak, our right honourable friend the Home Secretary is making a Statement and answering questions in another place on gangs and youth violence. We have recently had some press reports that there are to be further sanctions by way of withdrawing benefit from people who are behaving delinquently, whether by rioting or otherwise. I do not want to raise the question on that matter; I just seek this in clarification. I take it from my reading of these sanctions that these are specifically about the work programme and the conditionality thereon, and any such sanctions that the Government may decide upon would have to be delivered through another vehicle and either by additions to the Bill at some stage or by a separate piece of legislation. I would be grateful if the Minister could confirm that.
Essentially I am seeking clarification on some of the issues, expressing concern—as we feel our way through this Committee, which is our duty—about exactly how they would operate and a wish that we should at least not be unaware of any bigger and more major initiatives that may be coming down the track, although perhaps not on this particular set of clauses.
Baroness Thomas of Winchester
Is there a disability employment adviser in every Jobcentre Plus office? What training do disability employment advisers have? If the Minister does not know the answer now, which I am sure he does not—it is rather a detailed question—could he possibly write to me? A lot of us are concerned that disability employment advisers may not be quite as boned up as we think they should be on all sorts of conditions. I say that having been at a Jobcentre Plus office where I had to tell a disability employment adviser that the person in front of him had rheumatoid arthritis, when they were not an English speaker and they were describing their symptoms, and he had never heard of the condition. That rather shocked me, so I would be grateful for that information.
Lord Freud
Yes, the noble Lord has got it precisely right and I am grateful to him for summarising it for me. Where a claimant is in receipt of the maximum amount of universal credit, that universal credit will not be reduced below any amount included in their maximum amount for housing, children, disability and so forth. However, where a claimant is earning money and has other earnings over the disregard levels, the sanctionable amount will be a fixed amount not dependent on the level of the award. In circumstances where a claimant’s award is less than their maximum amount because of earnings, a sanction could reduce universal credit to less than the additional amounts for children and housing included in it. That, I hope, is obvious from the numerical examples I shared with noble Lords yesterday. Claimants’ other income will offset such reductions.
Fundamentally, the sanctions regime is designed to do what it does currently, albeit within the universal credit structure. We want to create a clearer and stronger system which provides clarity about the consequences of non-compliance and a more effective deterrent against repeated non-compliance. I can confirm to the noble Lord, Lord McKenzie, that the sanction regime and a sanction decision will not be contracted out. Clause 29, headed, “Delegation and contracting out”, does not include sanctions.
Clause 26 provides for higher-level sanctions of up to three years for claimants subject to all work-related requirements who fail to meet their most important requirements such as accepting a job offer. Failures sanctionable under Clause 26 clearly damage a claimant’s employment prospects and it is right that we have strong sanctions in place to deter such behaviour. Amendment 51FZD seeks to limit the duration of higher-level sanctions to one year. I can assure the Committee that we expect that three-year sanctions will apply only to a very small proportion of claimants who have repeatedly breached their most important requirements and where earlier sanctions have not worked to change behaviour.
Lord Boswell of Aynho
If there is repeat offending and therefore a series of sanctions is imposed, can that extend beyond the three-year period as one shades into another or is there a maximum term of three years?
Lord Freud
In the way it is structured, there is a maximum if you are on a particular level. It absorbs the other sanctions, if you like. As to why we have an escalating sanctions regime, the reason is very simple. The current sanctions regime is difficult for claimants to understand. It is important that there is a real escalation so that behaviour is changed. That is why we have created this structure, and why it is different. Also, as people see very evidently what the repercussions of not complying are, as they start to see the costs quite plainly, we do see a change in behaviour. That is why we expect only a small number of people actually to hit the higher level of sanctions.
Lord Freud
My Lords, let me deal with the questions asked by the noble Baroness, Lady Hollis, straight away. Claimants who fail to meet their responsibilities will have an opportunity to explain why they have done so and show good reason before a decision to sanction is made. After a decision to reduce the claimant’s award amount is made and processed we expect that, as now, a letter will automatically be sent to claimants setting out their appeal rights and details of how to request information on why they have been sanctioned. We will also communicate the amount and duration of the award reduction and, in the case of lower-level failures, what the claimant can do to re-engage and bring the open-ended part of the sanction to an end. We will not sanction claimants with limited capability for work, or those who have learning difficulties or mental health conditions, without first making every effort to contact them, their carer or healthcare professional to ensure that they have fully understood the requirement placed on them and had no good reason for failing to meet it.
On hardship, we are addressing the hardship arrangements in a later group but we are looking to maintain a hardship regime which will act in a similar way, although we will probably make some adjustments to it. However, we can discuss that a little later. I should clarify the point about the overlapping of different sanctions. Where a claimant subject to one sanction receives another, both sanctions run concurrently with one reduction suppressed. This means that for the period in which two sanctions overlap, the second sanction has no impact, as I said earlier. Under universal credit, where a claimant subject to one sanction receives another, the period of the second sanction would be added to the total outstanding reduction period. A claimant’s award amounts would be reduced for the entire duration of both sanctions. This ensures that claimants will always face the full consequences of failing to meet their responsibilities. There will be a change from the current system to the universal credit system. I apologise if I slightly misled the Committee on that.
Amendment 51FZZA seeks to prevent the imposition of higher-level sanctions on disabled claimants until such time as a disability employment adviser has been consulted. First, I assure noble Lords that we recognise that high-level sanctions of up to three years are not appropriate for all failures. Disabled claimants with limited capability for work will not be subject to requirements that are sanctionable at the higher level. Clause 27 provides for appropriate sanctions for failures that should not be subject to high-level sanctions, such as failures to attend a work-focus interview or a training course.
Disability employment advisers play an important role. I will pick up on the point made by my noble friend Lady Thomas. I hope that my answer will get to the nub of her acute question. The role of disability employment advisers is to assist claimants with a disability or health condition who need extra support to gain or retain employment. It is decision-makers who will look at all the available evidence and consider whether a sanction should be imposed. It is right that we should retain the clarity of roles in the system. I will not talk about the training of disability employment advisers because it is not strictly relevant in this context. If the noble Baroness would like a letter describing it, I will write to her, but it is not the point here. What matters is the training of the decision-makers. They will receive in-depth training. This will include how to assess evidence and determine whether a claimant has demonstrated good reason. Where necessary, decision-makers may seek additional advice from specialists, including medical professionals, with the consent of claimants.
Lord Boswell of Aynho
As I read my noble friend, he is saying that if a decision-maker were considering the case of a person subject to a sanction, the representations made by that person about the problems they had in complying with their programme would automatically be taken into account, even if they were rejected on their merits by the decision-maker.
Lord Freud
I thank my noble friend for looking for clarity. There is a layer of protections here. We have a highly trained decision-maker with a specific job of making the decision. Also, the claimant can look for reconsideration within that office. Beyond that, they can look to reduce a sanction by going to an independent tribunal. There are layers of protection. The objective is that claimants who demonstrate good reason will not be sanctioned.
We will also maintain other protections. One is that we will continue to visit the homes of claimants with limited capability for work and a mental health condition or learning disability, to help us understand why they did not meet their requirement.
Baroness Lister of Burtersett
Is my noble friend’s point not that it is at the point where someone has said they will engage with the regime that you are more likely to achieve that outcome if you then withdraw the sanction? You have achieved your end but there is still a sanction. I do not think that the Minister has addressed that point.
Lord Boswell of Aynho
I am sorry for the Minister being put under, I think, unreasonable sanctions or pressure himself, but I suggest that it might be unwise to get into a situation either where we were softies and were not prepared to take these things seriously or where, in circumstances where someone had been sanctioned, if they were to get into the frame of mind of saying, “There is nothing to be lost; I shall carry on because it’s going to happen to me anyway”. There ought to be at least an opportunity for at least a negotiation on a restart of compliance.
Lord Freud
I think that I can give good news and bad news. There are two issues here. The first is the person who had a disguised problem which then emerges. We have a solution to that: if it emerges that there was good reason, the decision-maker can reverse the position. The bad news is that we do not have a position where, once someone recants, they are forgiven instantly.
Lord Freud
My Lords, we will ensure that the full universal credit system is extensively tested with claimants before the new benefit is introduced. However, this will not take the form of a pilot scheme as this would add extra costs and delays to the introduction of universal credit. It is vital that we are able continuously to test, improve and evolve the universal credit system after it is introduced. It is key element that we should have the flexibility to respond to change and ensure that the system does not stagnate while the world develops around it. The amendments I tabled will achieve this constant evolution.
The original wording of Clause 30 provided for piloting measures only to see if they would improve a claimant's chances of entering work, or of finding more or better-paid work. While this is a key objective, universal credit will also simplify the benefits system, improve work incentives and change behaviour. Amendments 56A and 69A will ensure that we are able to test approaches that cover these wider principles.
If we are to ensure that we have the flexibility to develop and continuously improve universal credit, we must ensure that piloting can also include the testing of changes to the structure, design and delivery of the benefit. The ability to run controlled pilots of tests—for example, of whether advances in technology could improve the structure or delivery of universal credit—will be a fundamental part of the evolution of the benefit and of its ability to remain responsive to claimants' needs.
I will add that the inspiration for this measure came from thinking about what happened to NHS hospitals when they were brought into state control in 1948. Their service levels were almost frozen. It is vital, with a big state system, constantly to move, change and evolve it. This is the mechanism to ensure that we have a responsive system. If we do not have this kind of power, we could find ourselves with a system that is perfectly in tune with what we require in 2011 but by 2030 is absolutely out of touch with what society needs.
I recognise that any pilot must be transparent and timely, which is why the clause includes a number of safeguards. For example, we have time-limited each future pilot scheme to three years. Through Amendment 69A we will ensure that any pilot regulations will be subject to the affirmative resolution procedure. I hope that noble Lords on all sides will support this enthusiastically, and I urge the noble Lord to withdraw his amendment.
Lord Boswell of Aynho
My Lords, I warmly support the arguments of the Minister. Might I have an assurance from him that as the past record of the department—no names, no pack drill: I suspect that it is a political sharing of honours, or dishonours—shows that it has sometimes anticipated the results of pilots by introducing substantive schemes before their conclusion, he will at least start with the working assumption that the pilot will come first, then the evidence, and the decision thereafter?
Baroness Hollis of Heigham
Like other noble Lords, I very much welcome this. The problem in the past has always been the length of time to get a learning loop into systems. By the time there has been a pilot and the evidence has been assessed and reported back, three years have passed—by which time, alas, usually incumbents have moved on and questions have changed. I am delighted that we will get pilots. Will the Minister give an undertaking that the results of the pilots will be published and made available to Members of both Houses as soon as is practicable? Sometimes they will not be supportive of positions that the Government wish to develop. However, at the core of research must be the integrity of publication.
Pensions Bill
Lord Boswell of Aynho Excerpts(12 years, 8 months ago)
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Lord Boswell of Aynho
My Lords, I should like to speak briefly in support of the amendments offered to us by the House of Commons and against any further amendment thereto. In doing so, I speak as one of the instigators of the initial expressions of concern in this House, which were taken up so well by the noble Baroness, Lady Greengross, and others, and have led to the kind of compromise that the Minister has offered us today. It is a compromise; it is not perfect and certainly not what everyone wanted. However, the alternative would be unconscionable and unachievable.
The Minister has had to labour in devising this scheme with the aid of tremendous care and iteration. He has had to operate under two major constraints. The first, which he has set out more clearly than anyone else could have, is that of cost. I shall turn back to that in a moment. The second is the equal treatment directive. Although the measure of generosity or beneficence that he has been able to offer is welcomed by members of the male gender, the directive has attenuated some of the things that he would have done—if he had not been constrained by it—for persons of the female gender, who initiated the element of concern. He has had to live with that.
I say that as the author of an amendment that the Minister briskly dismissed in Grand Committee by pointing out that it would, somewhat beyond my intention, have been likely to incur an Exchequer cost of some £6 billion, which would have been out of court to the expenditure that he has been able to undertake on it. However, the Minister has done the right thing. In particular, I emphasise the importance of having a sound and viable medium-term strategy. It is quite easy for us, even those who are more expert in the public finances than I currently am, to look at issues in the deficit reduction programme without realising or acknowledging that it is equally important that we should have a credible medium-term financial stance; and that we should show that we are prepared to keep a rein on rising expenditure. The Minister has been able to soften that slightly but he has not been able to take away the constraints.
The Minister also had a third area to think about: how we should deal with this. I am very glad that the Government have not come back with a compromise that was a kind of lash-up—another set of discretionary concessions for a limited number. That would have been better than nothing, I am sure. However, as I advocated in Committee, he has come back with what I call an architectural solution: delaying the full impact of these changes, rather than just a series of slightly unfortunate and perhaps awkward-in-precedent changes.
I have one final point for the Minister. In praising him for his measure of controlled beneficence, I also remind him that it will be equally important for long-term assurance—given the longevity factors that are not really in dispute across this Chamber; we understand how people’s longevity is rocketing—that it may be necessary to return to some of the long-term milestones and a further increase in the pension ages. When that happens, future Ministers will not be constrained by the equal treatment directive because we will have got to parity before we start. However, I would not like anyone here to feel that that issue will have to go away unattended indefinitely.
Baroness Greengross
My Lords, I thank the Minister, particularly for his amendment. However, I want to emphasise that the real winners here are the half million or so men and women who are going to get their pensions earlier than they would have done without this amendment. I was not the only Member of your Lordships’ House who felt that this was very unjust, but I congratulate the noble Lord because he recognised this with great sensitivity. I agree with the noble Lord, Lord Boswell, that this is a compromise and that there were various constraints. It is not what we all wanted; it has not gone as far as we would have liked, but there were constraints that made that very difficult.
I tried in the amendment that I put forward to do something about what those of us who tried to change things we saw as a tremendous injustice to 300,000 older women—those who found they had to wait an extra 18 months or even more to get their pensions and 33,000 who had to wait an extra two years. Now, because of this amendment, 245,000 of those women, and a similar number of men, will see their pension age reduced between one and six months. It was not all that some of us, including Age UK, would have liked, but I am pleased to support the amendment as a victory for common sense and I thank the Minister for his sensitive approach.
With regard to going further, at this stage I just hope that no further changes will occur without due notice to everybody concerned and appropriate time for people to prepare for a huge change in their circumstances. That is very difficult to cope with at that stage in one’s life—particularly for women, who find it hard to get into the job market at all at that age or even to remain in the job market. I very much support what the Government have done, and thank the Minister again.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 9 months ago)
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Lord Boswell of Aynho
My Lords, I shall respond briefly to the helpful introduction from the noble Baroness, Lady Hayter of Kentish Town. Two points occur to me. The background to passported benefits is a wonderful mish-mash—an attempt, in effect, to meet certain social needs and then, possibly, to avoid the interaction of malign or unfortunate consequences by trying to dovetail them in some way, which produces an acceptable outcome. It would be a brave person who said to this Committee that they fully understood them—and I certainly do not rate myself among them—or who thought that there was a sublime, overarching concept that reconciled them all. Even the Social Security Advisory Committee will have some difficulty with it.
I simply want to distil my concerns, and I hope that the Minister will respond to them. The first is the simple point, which the noble Baroness has already mentioned, that if one believes that the whole principle of universal credit is making work pay and that benefit is withdrawn on a smooth taper, it is clearly very important to consider the consequences for other kinds of benefit when people come in or out of the system. In other words, the anomalies, inconsistencies and differences in coverage become, if anything, more critical under the new regime.
I feel very strongly about the second point, which the noble Baroness did not bring out perhaps quite so clearly. The two benefits that she produced, school meals and health costs, are very salient and important, but there will be others—including some attachment to disability, which may relate to transport costs or otherwise—which may be less obvious. However, what is clear, and was clear when I did a little work on this, is that a very large number of government departments become engaged on this. It is very difficult for anybody, even with the erudition of my noble friend the Minister, to stitch these together and get an overall view of what is going on. One can be quite sure that the Minister’s transport colleagues, admirable though they may be, are not taking that overview, although the particular benefit in question, whether health costs or school meals or otherwise, may be very important to the individual or family concerned. So that must be looked at.
I hope that the Minister will approach this in the spirit of giving assurances in principle, and in the determination of the assistance of the expert advice that he will receive, to achieve sensible solutions. It would be absurd to set out the admirable and agreed principle of universal credit, with a smooth taper and making work pay, and then find that we had left this, because it was in the “too difficult” category. Some of the consequences of the withdrawal of any of these benefits might be very damaging to individuals.
Baroness Sherlock
My Lords, I, too, support the aims of this amendment, which are primarily about protecting certain key benefits but also making sure that they are not subject to the benefit cap, which we will come to later. My noble friend Lady Hayter of Kentish Town carefully set out the challenge that the Minister will have in squaring a circle, in making sure that work pays but also dealing with the consequences of a quite important specific provision. I ask the Minister to reflect briefly in his reply on the fact that free school meals, for example, have more than one public policy aim. How does he go about squaring that? They clearly are a means of effectively transferring a benefit that has a cash value to some of the poorest families in the country, but they also have the effect of making a hot or at least good, nutritious, meal available to children within all those poorest families. That feels like a separate and quite specific policy aim. How will he ensure that that policy aim will be achieved within whatever solution he comes up with?
As the Minister will know—and I certainly support the view of his erudition, which is obviously legendary—the evidence of the efficacy of free school meals goes back to the 1960s. If anything, the evidence suggests the extension of breakfast clubs rather than going in the opposite direction. Some noble Lords, perhaps more on this side of the House, may have read the Observer yesterday, in which there was a piece specifically on breakfast clubs. It looked at both, mentioning in passing that one in four school children in the UK are in a position where the only hot meal that they have in the day is their school lunch. It was talking in particular about breakfast clubs. An interesting head teacher in a very poor area described the benefits of breakfast clubs as being way beyond any cash benefit and being in the energy of children, improving their behaviour and improving their learning. She said:
“It helps with their socialisation skills too. School is about life chances and unless the children have something in their bellies then they are not going to get those life chances they deserve. There is very little money out there in our community and for many it's cheaper to feed the family on takeaway fried chicken than anything else. You see the leftovers in lunchboxes, or rice; we get a lot coming in with just rice.
We tried to run a breakfast club ourselves, it was £1 a day, but the numbers just dwindled away and you realise that it doesn't seem expensive but it adds up, five days a week, three children or more. It's a lot. And you can't turn a child away if they arrive without their £1”.
The article also pointed out that breakfast clubs are starting to shut around the country as a result of a combination of budget cuts and the ending of ring fencing for wrap-around care. If we are not careful and end up with a solution that does not retain the provision of free school meals, we could end up with a double whammy, with the two potential sources of nutritious food available to children disappearing at the same time.
I am just as concerned, as I know everybody in this room is, that the universal credit system continues to make work pay and that we do not find ourselves in a position where someone who is now entitled to free school meals will not be entitled to them in the future. That would be a travesty of the anti-poverty element as well as of the work incentive element of universal credit. It means that we have to consider carefully the other policy implications.
In the years I worked with single parents, I became very aware that the vast majority of parents prioritise spending on their children. In fact, I often met lone parents who went without food themselves in order to buy things for their children. Indeed, there is research that bears that out. I suspect that my noble friend Lady Lister may have done it; she seems to do most of it. The evidence is very clear, but none the less there is a minority who, for a variety of reasons, are not in a position to put the kind of food in front of their children that we would wish them to do. In some cases there simply is not enough money to go round. Since it is cash, it is subject to an awful lot of other pressures: a huge bill coming in, debt collectors, being sanctioned or fined, or other pressures on the budget. At least this is money that is for the child, not simply for the family. I do not want to say any more than that. I am not pretending it is easy. When he replies, will the Minister reflect how he will do those three things: protect those families that currently get the benefit of free school meals; ensure that work continues to pay; and fulfil the other policy objective?
Lord Boswell of Aynho
The noble Lord might like to know that when I applied online for my state pension, I got a very rapid response. It was so rapid that it set some alarm bells ringing in my mind. I put down a Question—one can look up the date but it would have been in 2005—and at that time only 2 per cent of applicants were applying for state pension, which admittedly is perhaps a skewed distribution, online. There is a long way to go.
Lord Knight of Weymouth
Certainly, it is important that individuals such as the noble Lord can apply successfully for their state pension online. We have seen some great successes across government in being able to use digital as the default route—in particular, the student loan application process, and vehicle licensing and road tax services are excellent. The Department for Transport should be a model on how this is being done. But still a significant proportion of the population is not online, despite the best efforts of Martha Lane Fox and the rest, who I wholeheartedly support. The Government need to set out what they are going to do. In education, I introduced a home access programme that got 167,000 families online but it cost quite a lot of money. It was a fantastic, fraud-free scheme using prepaid credit cards. It was great but, I repeat, it cost a lot of money. I would ask the Minister whether he has got the money in his back pocket.
There are big questions around the delivery of IT. I am looking forward to the briefing. The Minister is evangelistic in his enthusiasm for how it will work, which is impressive, and I want to know more. But, at its basic level, what concerns me is that in essence it seems that we will have three IT systems being developed. There is the IT system within DWP to integrate the benefits side of things. As I understand it, it is not much more complicated—it might even be less complicated—than the IT project that the department successfully delivered in respect of ESA, which gives the department considerable confidence. As I think I said at Second Reading, the chief information officer at the DWP, who is one of the better-rewarded civil servants across Whitehall, is an excellent official and deserves every penny of what he gets because he delivers for the taxpayer in this regard.
That complicated database is quite possibly within the capacity of DWP to deliver successfully. However, it has to integrate with another database which is being developed by Her Majesty’s Revenue and Customs for real time information around employers who will have to report in real time how much they are paying their staff. The two databases will have to integrate in order for universal credit to work. That is not just the complication of an integration of two databases.
I know, for example, from the SATs crisis—I was the Minister who oversaw it—that that crisis was as a result of three databases interlocking, corruptions occurring and the data letting us down. In developing this real time information system, HMRC is also developing something based on a tax system, which looks at our personal tax, that has to integrate with a benefits system database, which looks at household tax. You have to make sure that all the data have enough alignment around the identifiers to make sure that the right individuals and households all fit together properly. That seems quite a tall order.
Now I also understand that there is a contingency plan; at last the Government have a plan B. This is good. That is the contingency plan around whether or not the real-time information database at HMRC will work. It can then fall back on the third database, which has to be developed, for self-employed people, who will be self-reporting into a database at HMRC their changes in income and circumstances so that they can be eligible for universal credit. That might be fine in terms of database integration, but it raises a consequent question. If plan B is to work, it needs us to believe that all the employers up and down the land will happily self-report in real time without error or fraud to the HMRC in order for universal credit to be paid accurately. Of course, we all know what happens when either the database falls down or the information going into the database is inaccurate from our experience of tax credits, which in part we are looking to replace through universal credit. As a Member of Parliament, I found that quite a significant proportion of my case work and the work that my staff did for me and my constituents was chasing up problems with tax credits—over payments, when individual families were weighed down with debt to HMRC, which was then at times quite aggressive in chasing it and needed a phone call or a letter from an MP’s office to get it to calm down and be reasonable. We do not want universal credit to suffer reputational damage and cause real problems for families in that way.
If noble Lords are interested in any of this, they may be interested in the Public Accounts Committee report from the other place. Its third recommendation says:
“The Department admits that there are substantial risks attached to implementing major welfare reforms while at the same time reducing its costs. The successful transition to Universal Credit, for example, will depend heavily on the development of a new IT system with HM Revenue and Customs to a very tight timetable. We have often seen problems with delivering new IT to time, budget and specification. The Department should allocate clear responsibility for scrutinising progress of the welfare reforms alongside cost reductions, develop a clear understanding of the risks to each and how they will be managed and encourage staff to report any emerging problems early”.
That is at the root of this amendment. The Public Accounts Committee is saying that there should be clear responsibility for scrutinising progress of the reforms, and that is what I want for Parliament. I want parliamentary scrutiny of the progress of these reforms.
I have mentioned the efficacy of the self-employed database and the plan B for real time information in the HMRC system. I have, in a previous debate in this Committee, mentioned my worries about documentation and housing benefit local delivery, which will be answered in the famous meeting that we are going to have on 3 November. I am sure that there are many more delivery risks that others can think of, but I shall not take up the Committee’s time in going into them. I repeat that I want this to work, but I want it to work in a way that is fair. The Minister, understandably, has to spend time with his head under a towel working out the details, but he also needs to get out and have a look around at the environment into which he is going to introduce this. It is the worst possible economic environment in which to carry out this massive welfare reform; it adds huge risk, as the DWP has to lead the response to a worsening situation in the employment market with limited, effectively capped, resources. I believe that it is a perfect storm, and it is therefore right for this House to demand absolute transparency on the risk assessment and risk management and the delivery of the various milestones in the programme. Indeed, it may be prudent for the Minister to reflect and say, “Let’s get the legislation through, but let’s adjust the delivery timetable until the employment situation has stabilised and we can be confident that the work programme will be able to be delivered successfully, because jobs will then be created by the private sector in order to make that programme a success”. All my worries will then dissipate.
Finally, I want noble Lords to imagine the consequences of this programme going wrong, with people already moving from fortnightly to monthly budgeting having to manage without getting into rent arrears, and so on, then getting no money and facing recovery action. They are already the poorest and most disadvantaged, in part because of policies from other departments having no money; they will have to beg at the door of impoverished local councils for social fund money. That does not bear thinking about in human terms. We know that local authorities will run out of that social fund money and then where will they go? All of that is a scandal, a year or so out from a general election. I am giving political advice to the Minister: that it is in his best interests and in the coalition Government’s interest to take this seriously and to think about the delivery timeline, which may have made sense when it was first written, but I do not believe it makes sense now, given what is going on in the economy.
Lord Boswell of Aynho
My Lords, I hope that the noble Lord, Lord Knight of Weymouth, will not take it as an insult—I assure him that it is not intended to be one—if I say that he is genuinely an expert as well as an enthusiast on the use of the IT system in government. I warm to that, and I have a great deal of sensitivity to what he and my noble friend Lord German have said about the need to get the system right. I am perhaps a little less pessimistic than the noble Lord, Lord Knight, in introducing his remarks, which seemed a little apocalyptic at one or two points. Perhaps I may also say that they were not quite as differentiated as they might be between general concerns about the level of unemployment or economic activity, about which we could have a debate in another context, and specific issues about the impact on the universal credit system.
In that context, one of the three points that I would like to ask the Minister to comment on is his assessment of the extent to which the system is sensitive to variations in volume, with all the difficulties that he is putting together, which have been rightly touched on. Depending on the number of claimants, there could be consequences if it has been under-specified; it could be resourced for a lower number but the numbers turn out to be higher. There could be quite a small movement of the margin which could tip over the sensitivity of the system. That is the first point.
The second point is an extension or a reflection on the point raised by my noble friend Lord German about the transfer of data. I am not a great expert in this, although I have taken an interest in some of these security issues. Indeed, there has been a conversation about the dangers of discrediting the system or the political class more generally if all this went wrong. It would be helpful if the Minister gave reassurances, not only on the specification of the data transfer but on the security and understanding of the transfer of that data. I think there is a strong wish across the Committee that data that is publicly relevant and obviously impacts on people's housing benefit, as it now will, on their housing claim, on other aspects of their financial package, or on arrangements with the public sector, should be transferrable. As one makes that longer daisy chain, there is also concern that it might get out of control or get into inappropriate hands.
Perhaps I may take the analogy produced by the noble Lord, Lord Knight, about the Department of Transport system for vehicle licensing, a system which I used at the weekend entirely successfully and, to be honest, because it has rather good graphics, quite enjoyably. The first time I used it, I thought to myself, “Do these people really know that I am insured and did I give consent that they should know?”. Now, because it is extremely convenient, I am very happy to accept that. There are issues about public reassurance, not least about employment data getting out to the public sector, to which the Minister may wish to respond.
The third point—one could say it is my motive for making this speech—is having intervened in the noble Lord’s introductory remarks, I realised when I sat down that I had given the wrong date for my entitlement to the pension. I did not want anyone here or in the wider world to assume that just because I said 2005, as I did, that in some way Members of this House or Members of the other place had an inside track to get their pension two years early. So I am now putting it on the record that when I said 2005, I should have said 2007. I want to cap it with a specific point. That is the kind of error which, however well conceived the system is, whether it is a public input or, in this case, a private input, it can be wrong; it can be a verbal slip or a misreading. We get older and we do not read the digits as clearly as we might.
One of the biggest points—I come back partly to the experience of tax credits, as a former Member of Parliament, and no less to child maintenance claims under the CSA, as it was—is that there is a huge capacity either on the official side of the system or on the private side to make entirely innocent errors, which then need correction. They may appear and then need to be sorted out. One element that the Minister needs to bottom—perhaps my noble friend will speak about this—is a system that enables people to get such errors attended to when they are noticed, without huge bureaucratic difficulty or excess delay, otherwise people will often run away from putting them right. That is where the rubber hits the road and where, despite the macro concerns that have been set out in this amendment, we should equally recall that there are micro-concerns: “Is it sensitive to me? Do I feel comfortable using it?”. I would be very grateful if my noble friend could give us some assurances along those lines.
Baroness Sherlock
I want to intervene briefly to ask the Minister a couple of specific questions. There is very little to add to the speech made by my noble friend Lord Knight of Weymouth. The Minister should hope that this does not go badly because he may find that speech being quoted back at him. He has been warned, and very eloquently too.
I have huge sympathy for the Minister. As I have said before in this Committee, I was involved as a special adviser during the development of tax credits, and I watched Ministers seek and receive all assurances that it would be reasonable for a Minister in those circumstances to have. I would not for one moment suggest that the officials with whom they worked, all of whom I was hugely respectful of, did anything other than give the best assurances they could. However, until a system is up and running one never really knows how it will respond to the realities of the information within it, so we all know this is a risk.
I want to ask the Minister about what kind of assurances he has been seeking and receiving and, in particular, whether he has been getting any independent assurance on the development and management of this project. As I understand it, the DWP’s development of its system is going to be dependent on the revenue’s system. Has the Minister received any assurance from the Treasury that has enabled him to progress, given the interdependence of those two things? Has he received assurances from the Treasury or from HMRC, in particular, about the nature of their systems so that he can make plans on the back of them? Secondly, what assurance has he about whether his plans are robust enough? If he will not tell us what it is, what is the nature of the assurance that was sought and from whom was it sought? I am aware that by and large large-scale government projects of this nature often seek some kind of independent assurance, perhaps from an independent auditor, whether internally or externally procured. Can the Minister assure us that the department has been through that process and can he reassure us on the basis of the reassurance that he has been given?
Thirdly, I am interested in how plan B will work. I am very sorry to say that I cannot make the briefing on 3 November. That is a genuine disappointment on my part. I am in the anorak category as well. I am afraid I am engaged with a communities and victims panel looking at the impact of the riots, and that takes me elsewhere on that day. Can the Minister explain very briefly how plan B will work? For example, is it the intention that businesses will report real-time information manually monthly or that individuals will report? Is the assumption that the DWP part of the game, where it matches up the different packets of real-time information from different employers in relation to individuals or households, will be done automatically as it is now? How will that work? Is it the intention that the new child maintenance system will be dependent on the same HMRC real-time information system? If so, is there any priority about which of these projects gets first dibs on the HMRC data, should it come under pressure?
If the Minister can answer only one question, I am really interested in the assurance question, so he will save me getting up again. Finally, if there is reporting under plan B, has he been able to get advice on what additional pressure that will put on the system? I am conscious that automated systems often put on much less pressure than processing individually and manually entered data, whether from businesses or elsewhere. Is that something that has been factored in?
Lord Boswell of Aynho
I am grateful to the noble Lord for the explanation he is giving. But in that context, while these decisions remain within the black box, can he give the Committee some assurance as to the extent to which they are inhibited by the law of contract, in respect of shifting the workload between different providers? If an issue develops about the level of remuneration—or level of difficulty against the remuneration—how much can he vire that within the contract? It is obviously desirable that he should be able to do these things, but equally providers need, I presume, some measure of stability and understanding.
Lord Freud
Yes. There are two or three issues wrapped up in that seemingly simple question around whether we got the differential pricing right when we set the contract terms up. The answer is that we do not know and we will not know. I doubt if they are completely perfect—that would be very surprising. But as we learn and get information, we will be able to adjust them. In practice, looking at the timescales of this, with the next set of contracts, which will be out in about five to seven years, you effectively have to start negotiating in four years’ time. By the time we have all the information on this, I suspect the reality is that it will not really be a question of changing existing contracts; it will go into the design of the next round. That is how it will happen in practice.
Let me now explain how much differentiation there really is, when you are looking at a regime for everyone. When you look at those who come off the system as jobseekers, half leave the benefit system within three months, and three-quarters within six months—the majority, to put it bluntly, with very little help from the state. So it would not be appropriate to offer support to all claimants early in their claim and, clearly, it would clearly be much too costly to do so. I am very comfortable in believing that those who have sat in my chair before me will be very aware of the dead weight issues of running that kind of system.
Lord Wigley
My Lords, I intervene very briefly in support of the amendments spoken to by the noble Baroness, Lady Hollins, and to note the very eloquent way in which she presented them. The experience that she brings to this Committee is something phenomenal. There can be no doubt whatever that the Minister would not want to be in breach of discrimination law. However it is one thing to say that and another to provide the systems to ensure that does not happen. The point of these amendments is to ensure that there is a systematic approach and that the health dimension—the professional dimension—is brought on board to ensure that reasonable adjustments are undertaken where they can be. It is not enough for us just to hope that that happens. It needs to be built into the system.
In response to this group of amendments, I hope the Minister will be in a position to tell us how the Government intend to ensure that there is a systematic approach to this, that it is not left to luck and that people who need their situations to be explained and put over professionally get that opportunity. It is clearly going to be very difficult indeed for the system by itself to have the expertise that professionals would have at hand, and we need to make sure that all the information is fed in so that everyone has a fair crack of the whip.
Lord Boswell of Aynho
My Lords, it is very difficult to add anything to the most eloquent remarks of the noble Baroness, Lady Hollins, and I do not intend to do so. As I have already mentioned to the Committee, I have some experience of the Conservative Disability Group, but the remarks of the noble Lord, Lord Wigley, prompt me to add two more thoughts to the pot. I should declare that I am not a professional in this area. I am fairly familiar with disability law, and of course the Minister is absolutely right that reasonable adjustments are an obligation and, indeed, an equality duty within the Equality Act for the public sector.
There are two other considerations the Minister needs to remind his officials to make sure are properly considered. One is the need at all times for public officials to act reasonably in administrative law and the second is for people, who are in a sense, when they go into an assessment, undergoing some kind of trial process, to be treated according to the laws of natural justice. The Minister has to take this trio and convince the Committee not only of his sincerity, but of his ability to effect the means by which they are delivered.
Baroness Thomas of Winchester
My Lords, the noble Baronesses, Lady Hollins and Lady Meacher, spoke most movingly about people with mental health problems and fluctuating conditions. What they said was extremely important. I want to add that people in manual wheelchairs are no longer automatically going to be on ESA after their work capability assessment. They may be on jobseeker’s allowance. That concerns me because we all want people in manual wheelchairs looking for a job and if they are otherwise healthy, of course they want to get a job. They may not be impaired in any other way, but they just cannot walk. However, if ever there was a group of people who needed reasonable adjustments made, this is it because around the country a lot of jobs will not be physically accessible for people in manual wheelchairs. With the Disability Discrimination Act, Jobcentre Plus officials will have to take that into account. However, if it were reinforced by the words “reasonable adjustments” in the claimant commitment, that would remind officials that it is an important thing that they have to have regard to because there must be an awful lot of jobs that are not open to people in manual wheelchairs, simply because of the difficulty of getting into a place of work. This amendment is an extremely good one for that reason, so there is another group of people who might need this reinforcement in Amendment 51CD.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 9 months ago)
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Baroness Hollins
I, too, support Amendment 35, as introduced by my noble friend Lord Rix. As we have already heard today, tidy laws are not always fair laws. I am concerned about some exceptional people whose needs cannot neatly be described and I hope that common sense will prevail.
I shall give the example of a young man with autism and learning disability, Theo. Since early childhood, Theo has loved and become very knowledgeable about cathedrals, churches and architecture. He is also a man with complex impairments and a history of behaviour which has challenged every shared setting he has lived in. With specialist advice from Housing Options, and support and endorsement from social services, his parents set up a safe and individualised housing and care package for him.
The Government’s view may now be that it has never been the intention that SMI would cover all a person’s housing liabilities, but Theo’s shared-ownership mortgage was offered precisely on the basis that it would cover the mortgaged part of his housing cost, as was DWP policy at the time. The past nine years of Theo’s life have been built on that. His home has provided the all-important stability that someone with autism needs; and his disabilities combine to make change much more disturbing than we would find it.
Theo has an interest-only mortgage, so the possibility of the acquisition of a valuable capital asset does not apply in his case. With careful management by his parents, he has been able to lead a happy life at a much lower cost to the public purse than the alternative arrangement of a secure hospital. However, the new FSA rules require mortgage-lenders to set aside more capital and to treat mortgages on shared-ownership properties as 100 per cent mortgages. The result is a sudden gap between the rate at which lenders have to lend—for example, 6 or 8 per cent —and what the new SMI rate, which I think is 3.63 per cent, will cover. In Theo’s case, this leads to a shortfall of £200 per month. You can imagine that the arrears are already quite high. A new mortgage would be at an even higher rate, but he would then have to find a 25 per cent deposit for his property. He does not have the money to negotiate another mortgage.
There has been quite a bit of publicity about the adverse effect of this reform on HOLD. Experienced housing experts say that fewer lenders are likely to want to deal with disabled applicants seeking this solution to support a non-institutional life.
Ageing parents of disabled adults have followed similar paths with the help of enlightened housing associations. Those parents have been making responsible arrangements in their own lifetime, hoping for some assurance of long-term stability and security for their child. Instead, Theo's parents now face the prospect of seeing Theo’s distress at being uprooted from his home and moved, probably, to an inappropriate and less sensitive institution, which will be much more costly.
As the noble Lord, Lord Rix, pointed out, there are probably about 1,000 customers with learning disabilities—0.4 per cent, I understand, of the total caseload looked at by the impact assessment. Some of those administering HOLD have suggested ways in which the cost of continuing higher-rate payments for this group of disabled people could be contained, but it would require acceptance that there are indeed exceptions to the rule.
Since the Poor Law 1601, society has tried to tidy away people whose needs do not fit present-day norms, but in today’s more enlightened society we have made huge strides towards creating an inclusive society in which every person's humanity and dignity are respected and in which they have a place regardless of the extent of the difference that the person presents. However, these gains are quite fragile and we need look no further than Winterbourne View to be reminded of the previous scandals in mental handicap hospitals such as Ely and Normansfield in the late 1970s. Surely, we must now realise that without adequate advocacy and diligence we could again allow such inhumane provision to be re-created—people shunned by society and placed out of sight and out of mind at considerable expense but in the interests of tidiness. The test of a humane society is how it treats its most vulnerable members.
I had little awareness of the lives lived by some people with learning disabilities until I had a disabled child. My eyes were opened. I should like the Minister to consider using the Bill to reinstate SMI at the higher level for people such as Theo, which would allow them the opportunity to live with dignity in their own homes.
Lord Boswell of Aynho
My Lords, I rise briefly and somewhat diffidently because I did not have the privilege of hearing some of the earlier exchanges, as I had other obligations at that time. However, I have been listening to the later stages of the debate and before I add one comment to it I want to make it clear that in no sense am I derogatory of the very real problems that disabled people face—and those faced by other people of particular categories, including foster carers and others. Indeed, a good deal of my trade, time, interest and passion in my previous vocation as a Member of the other place was directed towards these issues. Of course they matter, and the people who are experiencing them matter. They have complex and difficult needs.
At the same time, it is worth putting down a marker. My remarks are prompted by those of the noble Baroness, Lady Meacher, about the cumulative effect. Of course, in a sense, I entirely agree with her point about the cumulative effect of changes, but I am afraid that the argument runs both ways. If the effect is cumulative and poses difficulties for the individual, a cumulative set of concessions or changes to the package that the Minister is presenting to us also has implications for public expenditure. In our debates last week on disabled children, I made the point that I regarded their overall position as being one of particular pressure that required the Minister’s attention and the maximum degree of flexibility. While I do not for a moment resile from the arguments that have been put with great passion by noble Lords on the range of difficulties, we will not be able to meet all those requirements within the equal requirement that the Minister and the Government have for economies in public expenditure—and with the commitments that have been undertaken to secure the prize of universal credit.
What we must do—and I will certainly want to listen to the Minister’s answer on this—is ensure that we understand the implications, and that is why debate is so important. We should be prepared to make changes where the shoe pinch is particularly hard or where the interaction that the noble Baroness referred to may have taken place. However, we will not be able to solve all the problems of all the client groups, however good our intentions are, without making it impossible for the Bill to survive and be sustainable. The Minister has to answer in that vein, and I hope that he does so.
Baroness Wilkins
My Lords, further to the comments of the noble Lord, Lord Boswell, I ask him whether it is fair that this group of people should be asked to pay for the country’s deficit. It seems to fall particularly hard on this vulnerable group of people.
I support the solution of noble Lord, Lord Best, in these amendments and, if not, I support all the exemptions that have been spoken about, particularly those in relation to disabled people. It is very hard for non-disabled people to recognise how important our homes are to us, particularly when you can get into few others. The way that our homes are configured and designed means that they either enable us to live independent, contributing lives or completely disable us. The two steps that were in my house, as they are in every other house in my street, would completely have disabled me had they not been removed. They would have meant that I needed help from someone else to wash or to provide my food. I would not even have been able to answer my front door to take in a parcel from a neighbour. They would have removed any ability for me to contribute to my community.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 9 months ago)
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The Earl of Listowel
My Lords, I, too, thank the noble Baroness, Lady Lister of Burtersett, for tabling these amendments and speaking to them so persuasively. I was very concerned to hear what she had to say. Three issues came to my mind. First, I thought of the children of alcoholic parents and of parents who misuse substances. If these individuals have a large sum of money in their hand, they can go on a bender and spend huge sums on alcohol, crack and other substances. If there is no hope of getting money fairly shortly for their children, the children will be in a very difficult position.
My second concern is more general. I was reminded of it at lunchtime today, at a meeting of the Associate Parliamentary Group for Parents and Families, which my noble friend Lord Northbourne chairs. There was an intervention from the noble Baroness, Lady Tyler, the chief executive of Relate. She referred to the 120,000 most chaotic families about whom the Prime Minister is particularly concerned, and for whom he has given specific responsibility to the Department for Communities and Local Government. I would be very interested to learn what assessment has been made of the impact of these changes on those chaotic families. Perhaps the Minister will consult the Department for Communities and Local Government about what the change might mean for them.
Thirdly, in my capacity as vice-chair of the All-Party Parliamentary Group for Looked after Children and Care Leavers, it seems to me that this change might contribute to more children coming into care because their parents, who are somewhat chaotic, will be put under additional stress as they try to make ends meet. This might be an additional burden on them that will lead to family breakdown. I hope that that is not overstating the case, but what I heard troubled me, and I would like to know more about the impact from moving from weekly to fortnightly payments. There seems to be some questioning of the evidence that that was been done without much harm. I look forward to the Minister's reassurance on these issues.
Lord Boswell of Aynho
My Lords, I will speak briefly. Points have been made very eloquently by the noble Baroness, Lady Lister, and others. There is a common concern that this should be got right. Perhaps there is a slight subtext that if this is the nail in the shoe that gets the whole thing discredited because it does not work or gives rise to disturbing social consequences, we will have lost the great prize of universal credit that many of us want.
For the reasons that my noble friend just enunciated, there is an argument against complexity and having a double system. We have heard about the difficulties of having weekly, two-weekly and monthly payments. It could make things difficult and give rise to error and potential arrears, for example. We do not really know what will happen before we undertake this. One has to judge whether to go ahead and see what happens. If the Minister can explain with sensitivity how he intends to introduce safeguards, I am with him.
The most important point is picked up in Amendment 28. We need to have a mechanism, as I suggested at Second Reading, for assessing after the event whether this works—and, if it does not work, which we hope it will, for applying the brakes and changing it without loss of face. It is worth looking at this. There may be good reasons for doing it, but if it puts undue pressure on some of the most vulnerable people and their families, we should recognise that. In a wider context, it would not be worth saving small sums if we found that we could not deliver our intended objectives.
Welfare Reform Bill
Lord Boswell of Aynho Excerpts(12 years, 10 months ago)
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Lord Boswell of Aynho
My Lords, I welcome the Welfare Reform Bill. I believe that it represents significant progress in social policy. In particular, it will help to make work pay—an aim that is clearly shared by all sides of this House.
It is estimated that the Bill has the potential to lift 350,000 children and 600,000 adults of working age out of poverty. It will eliminate six separate benefits and reduce the opportunity for fraud and error. These are great prizes and strategic advantages. Of course, I accept that any changeover on anything remotely like this scale cannot be ideal. Whatever benefit system we have is governed by the inexorable iron triangle of the number of people covered, the rate of taper on the withdrawal of benefit and the overall Exchequer cost.
In this case there are also particular issues of timing. The first is the need for overall cuts in public spending, particularly on programmes that are prospectively exploding, like DLA. Even if the change to universal credit is going to incur substantial upfront and continuing costs, we are spending for the advantage we get. There is never an ideal time for reform but at least we have the opportunity now and the courage of the Minister and Government to devise the architecture and grasp the nettle of the basis of this change.
Another factor, of course, is that the labour market is soft but, even so, the private sector has shown some potential for creating additional jobs, just as in parallel we must support those who are coming forward to employment. There are also loose ends to be tied on the administrative side, as there are interactions with many other benefits—for example, for carers who remain formally outside the system. At the same time the universal credit is going to sweep up previously discrete benefits like housing benefit, which attempt to cover the many and varied circumstances of our lives; for example, outside the benefit system there are annually over 10 million job changes and some 3 million changes of address.
Finally, the system has to be made conceptually administerable and, through IT, technically deliverable. Like many other Members of this House, I have received extensive, thoughtful and sensitive briefings from outside bodies rehearsing a wide variety of difficulties as they see them. I accept that my noble friend the Minister, who spoke with a great deal of sensitivity and care today, is working hard to expose the issues to us and to deal with the problems as they arise, and also to explain the rationale of government decisions where there may be hard decisions to take. To be fair, I think many of the objections that have been laid have been in relation to potential notional future setbacks rather than immediate issues.
However, rather than delve into detail now, I shall just indicate my particular interest in families with children. Children are at best indirect beneficiaries of the benefit system; they cannot make their own choices or be autonomous. On enforcement of child maintenance support, I incline to the view expressed by the Select Committee in another place, and echoed eloquently by my noble and learned friend Lord Mackay of Clashfern this afternoon, that parents who have done their best should not be penalised by an administrative charge even if it means taking more off delinquent parents who have not been prepared to comply. More widely, the pattern of childcare costs varies very sharply, particularly regionally and in London. It would clearly be wrong to sanction lone parents when childcare costs for them are unaffordable.
As a former chairman of the Conservative Disability Group, I should also record that I am bound to be taking an interest in many of the disability issues that have been discussed in the context of the Bill. I will also, as an ex-Education Minister, want to say a little bit about the 16-hour rule and the changes there, and about some of the awkward transitions and interaction with the education system. I also note a point that has been mentioned by other noble Peers today about the transfer of discretionary payments to local authorities. Whatever the conceptual case for this—and Beveridge, who is often quoted, wrote a book before the First World War on the possibility of using agents for discretionary payments—if we remove the element of discretion from the Social Fund, other than simply for the budgeting of loans against expectation of benefit, we need to ask what the future of the Social Fund is. I think Ministers have sort of said something about that, but I cannot see why a clutch of regulated benefits would need separate badging.
If we are going to secure an overall beneficial outcome from the Bill we need to proceed very carefully and with no false sense of haste or triumphalism. This is perhaps my main message to Ministers. I hope that they will pay particular attention to the possibility of overlapping dates—not everything needs to start at once. They should also pay attention to the vital transitional arrangements. There needs to be within the regulations enacting the Bill sufficient flexibility if not to reverse direction—which I do not seek—then at least to be able to flex and modify policy as detailed inputs and wrinkles are revealed. We also need to build up an improving picture of the overall impacts; for example for disabled people, in the context remembering that some of their support is passported through the programmes of other government departments or agencies while their physical services, on which they may well depend, are also inevitably subject to budget stringency and present difficulties.
All this, however, is no counsel of despair. I believe strongly that the Bill provides a basis for dynamic change by tilting the scales from dependence to properly supported and incentivised work. This can bring both social and economic benefits, but if we are to scale this Everest of achievement, we cannot do it in one bound from our present base camp. The Bill sets the objectives, but it does not by itself represent the achievement. In this process, including the long and very full Committee stage we need, we will have to work out where we are going, and every step in the implementation of this must be well considered for its consequences and systematically secured as we move from base camp to camp 1 and up to the summit. In doing that, however, it is the right thing to do and we must be resolute in pressing its direction.
Disabled People: Disability Living Allowance
Lord Boswell of Aynho Excerpts(13 years, 2 months ago)
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Lord Boswell of Aynho
To ask Her Majesty’s Government what assessment they have made of the loss of passported benefits to disabled people when the number of those entitled to receive disability living allowance is reduced by 20 per cent.
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)
My Lords, we are committed to ensuring that the budget for DLA is kept under control. Reducing expenditure in 2015-16 by 20 per cent means bringing working-age expenditure back to 2009-10 levels and makes it sustainable for the future. As we are still designing the assessment for the personal independence payment, it is not yet possible to comment on its impact on future passporting arrangements. We therefore cannot currently reflect that in our impact assessments, but I can, and do, commit to us doing so when we are able.
Lord Boswell of Aynho
My Lords, I thank my noble friend the Minister for his response and for his assurance. Will he bear in mind that, on our calculation, there are more than 40 passported benefits spanning a wide range of government departments? Will he do his utmost in the assessment process to ensure that there are no cliff edges or unintended consequences which could affect significant groups of rather vulnerable people?
Lord Freud
My Lords, this is a key matter. There are a large number of benefits attached to DLA. I suspect that at least six government departments are involved. No one knows exactly where all of them are because local authorities use them in different ways. We are going to make a very close assessment of this. Indeed, we suspect that some of the attached benefits will be looked at again to see how they can best be directed at the people who need that support.