Universal Credit (Transitional Provisions) Amendment Regulations 2022

Debate between Lord Farmer and Baroness Lister of Burtersett

Monday 24th October 2022 Lords Chamber

[Lord Farmer (Con)]

My Lords, the Minister told the House on 17 October that, as of February 2022, 5.18 million working-age adults, or 12.7% of the GB working-age population, were receiving out-of-work benefits. She explained that the largest categories were universal credit “out-of-work” or those with “no work-related requirements”, but can she inform the House how many are claiming the legacy employment and support allowance? Presumably, they would all be migrated as part of “move to UC”.

She also said that the DWP is trying to reduce the flow into unemployment and inactivity through prevention and retention work by supporting disabled people and people with long-term health conditions. Will the migration of people currently claiming legacy employment and support allowance into universal credit mean these claimants receive more attention from work coaches, with the aim of their being better enabled to work? This is not about being punitive, but ensuring that no one is simply parked on benefits when their well-being and sense of purpose would be greatly boosted by working or increasing their hours. This is obviously even more important when there are so many vacancies.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am grateful to my noble friend for tabling this important regret Motion, which she introduced with her usual power and precision. All I can do is reinforce some of the points she and the noble Lord, Lord Storey, made emphasising how much this matters for both the well-being of claimants, particularly those in vulnerable circumstances, and transparency and accountability to Parliament.

I have yet to see a convincing justification for the removal of the stage gate, which was introduced to assuage concern raised in both Houses. Two reasons were given by the then Secretary of State in a letter to the chair of the Work and Pensions Committee in May: first, that early lessons and observations were captured during the truncated pilot in Harrogate. We have not been told what those lessons were and, curiously, in oral evidence to the committee in June, the next month, the same Secretary of State said:

“We learned a bit in Harrogate, but not a lot. The main thing we learned in Harrogate is not to do it the way it was done in Harrogate.”


That is all the more reason, one would have thought, for maintaining the piloting approach that Parliament was promised. But, no, apparently UC’s resilience during the pandemic means that a pilot is no longer needed. As my noble friend pointed out, that was a very different exercise involving a very different group of people, almost certainly far fewer in vulnerable circumstances. Instead of the pilot, as we have heard, we have what is called the discovery phase—which sounds so appealing, like a mystery cruise, but has actually reassured no one, particularly the SLSC and SSAC, never mind external stakeholders.

Although ultimately SSAC drew back from recommending that the stage gate be retained, it made clear its concerns at its abolition. Among the points it made was the need to monitor the impact of the declining ratio of staff to claimants during the discovery phase and to publish before the Summer Recess the criteria for scaling up and moving on to the next phase of implementation, yet, to my knowledge, they have still not been published. Why not? Will the Minister give an undertaking today to do so, and to ensure that the declining staff/claimant ratio is monitored?

These and other issues, as we have heard, stem from a concern about the risk to claimants of the whole exercise. When the original regulations were considered, the view was put strongly by SLSC and SSAC that the balance of risk lay too heavily on the claimant. This was why CPAG, of which I am honorary president—I am grateful for its full briefing—Z2K and disability organisations called for the automatic transfer of migrated claimants, rather than requiring them to make a new claim. I never saw a plausible reason for rejecting that idea, but clearly it will not happen. As my noble friend asked, could the department at least consider the suspension of an existing claim rather than its termination in cases where a new claim is not made in the required period—not least because of the implications for transitional protection?