Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2013

Lord Freud Excerpts

Tuesday 15th October 2013 Grand Committee

Moved by

[Lord Freud]

That the Grand Committee do report to the House that it has considered the Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2013.

Relevant document: 8th Report from the Joint Committee on Statutory Instruments.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud) (Con)]

My Lords, the regulations are regarded as being compatible with rights under the European Convention on Human Rights.

We updated the regulations last year with the introduction of the jobseeker’s allowance domestic violence easement, which recognised the challenge that the victims of domestic violence face when making the decision to flee a perpetrator. The easement made provision for jobseeker’s allowance claimants who are victims of actual or threatened domestic violence by a partner, former partner or family member to be exempt from jobseeking conditions for an initial four-week period, which may be extended to a total of 13 weeks where evidence is provided. The period allows those affected by domestic violence the time to focus on important priorities, such as organising new accommodation or arranging alternative schooling for dependent children, without also having to focus on meeting their jobseeking conditions.

Since 31 March 2013, the Government have implemented the revised definition of domestic violence. The Home Office carried out an extensive consultation with stakeholders to establish a definition that captured the full spectrum of what form domestic violence can take. Reflecting the advice of former victims and those professionals who work to support them, the definition goes well beyond physical abuse to incorporate sexual, emotional, psychological and financial abuse. The new definition specifically introduces controlling and coercive behaviour, as well as recognising that those aged 16 and 17 may be victims.

We are seeking to update the definition of domestic violence in the jobseeker’s allowance regulations so that it corresponds with the new cross-government definition. Through our existing regulations, we already give as much weight to a single incident of domestic violence as we do to multiple incidents, and we already include 16 and 17 year-olds under Regulation 14A. However, domestic violence was previously limited to specific types of abuse. We need to ensure that we incorporate the new definition in full.

I hope that the Grand Committee will accept that the change of definition is a positive and important step. For the first time, the definition recognises that victims may be subject to different types of domestic violence and abuse. It makes it clear that domestic violence can be many things, and is certainly broader than physical violence alone. By working to a single cross-government definition, we will enable victims and those who support them to be absolutely clear about what constitutes abuse and what support is available.

We know that the first incident reported to the police or other agencies is rarely the first incident to occur; often, people have been subject to abuse on multiple occasions before they seek help. Promotion of this definition should assist victims in coming forward and seeking help.

We know from the Office for National Statistics that 31% of women and 18% of men interviewed in 2011-12 had experienced domestic abuse by a partner or family member since they were aged 16. These figures are equivalent to 5 million female victims and 2.9 million male victims. This is a substantial issue for our society.

The Crime Survey for England and Wales has estimated that around 1.1 million adults experienced coercive control in 2010-11. That is why it is important to extend the definition of domestic violence to include such behaviour. It has been widely understood for some time that it is a core part of domestic violence. As such, this move does not represent a fundamental change in the definition but a recognition that coercive control is a complex pattern of overlapping and repeated abuse perpetrated within a context of power and control that it is important to highlight.

The introduction of the jobseeker’s allowance domestic violence easement and the destitute domestic violence concession last year was welcomed by external stakeholders and front-line staff. It is the first time that the Department for Work and Pensions has specifically supported the needs of domestic violence victims and their families within the welfare regime. The policies have been designed to give victims the additional support they need to get their lives back together and to put them on a secure footing after leaving a partner.

Having introduced the policy, the department took the decision to research how its implementation had worked in practice, in order to understand how well the policies have been operating and to ensure that we continually improve our service. Work is under way to implement the recommendations from the research that was published in June this year. It includes improving the understanding of the easement and concession among front-line staff through refreshed guidance. Messages will be directed towards these staff, including benefit centre staff, and will focus not only on policies but on supporting vulnerable customers sensitively.

The work also includes the use of management information, and its distribution to different levels of the organisation to give an insight into the use of the policies by location, and work with local partnership managers to promote the benefits of dialogue with local domestic violence stakeholders. We will continue to maintain strong relationships with stakeholders at national level to ensure that those issues are dealt with, that best practice is identified and shared, and that the latest evidence and analysis is used by the policy team to determine future activity.

It is of paramount importance to me that advisers are given the learning and support that they need to help them identify and help vulnerable claimants, not just through the financial support that Jobcentre Plus can offer but by signposting to the many local organisations that support victims at such a critical point in their life.

I hope that noble Lords will agree that these changes are worth while and that applying a common cross-government definition of domestic violence and abuse will make it easier for all to understand. I believe that it is a significant improvement to the help that we offer to victims of domestic violence. On that basis, I hope that the Grand Committee will support these changes.

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for that very comprehensive explanation of these regulations. We on these Benches welcome the Government’s changes, not least because it is another stage in a process which began with a government amendment to the Welfare Reform Bill in this House in 2008-09.

I agree with the Minister that it is of the highest importance that victims of domestic violence are given the space and support necessary to rebuild their lives at the time that they move away from a situation of abuse. I think that the regulations have the potential to form an important part of that support. However, perhaps the Minister can reassure the Committee on a few points. First, simply in terms of the definition—which seems to be helpfully broader than the one that it succeeds—can the Minister confirm for the record that no one who is covered by the current regulations would be excluded by the extended definition?

The Minister referred to the cross-government definition of domestic violence that is now being used. It clearly makes sense to have a definition in these regulations which is coherent with that but, looking at the cross-government definition, unless I am mistaken, there seems to be a difference between the two. The new cross-government definition of domestic violence and abuse refers to:

“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse”.

I do not think that threatening behaviour is covered in these regulations but I may have made a mistake and perhaps the Minister can point out to me where it is. If there is a difference between what is in the regulations and what is in the cross-government definition, can the Minister explain to the Committee why that is the case?

Next, can the Minister tell us whether the Government are about to bring forward changes to the universal credit regulations? Otherwise, of course, we would be in the deeply unhappy position of having a difference between the regulations affecting those claiming jobseeker’s allowance and the very many people who I am sure will be claiming universal credit any month now. Perhaps he could reassure us as to what is happening with that. Do the Government propose to bring forward amending regulations and, if so, when? How many people will be claiming universal credit at the point at which they will be changed?

I looked at the research that has been done on both the easement and the DDV, which the Minister referred to, and very helpful it was too. The Minister referred to some action that has been taken to follow up the recommendations of that DWP research from June this year. The Committee may wish to note that I counted 15 recommendations specific to the DWP; I have chosen to pass over for the moment the recommendations for further research that are also contained in the report. Can the Minister tell the Committee which of those 15 recommendations to the department have already been implemented in full? If he does not have that information to hand, will he write to me to confirm that? It would seem important that those recommendations are implemented very soon, and the department has had since June to do that.

This matters because the research showed that, despite the fact that we have high levels of domestic violence reporting in this country, the take-up of both the easement and the other policy are actually quite low. The government report said:

“We know from official statistics that DV rates overall are high, affecting one in three women, and that it is particularly prevalent among unemployed women. Yet the Jobcentre Plus offices visited with the highest numbers of JSA DV Easement cases were reporting fewer than 20 cases overall during the course of a year”.

If I read this correctly, only 338 cases of the four-week easement and 115 cases of the full 38-week easement were taken up as part of the JSA domestic violence easement. That seems incredibly low given the levels of reported domestic violence, and the report points out that those domestic violence reported rates are higher among unemployed women. Is the Minister comfortable that the policy has been properly understood and implemented by his officials? If not, how soon does he expect to feel confidence in that situation?

I have one further question. When these regulations were debated in the other place, the question was raised as to whether the position of 16 and 17 year-olds was the same as that of those aged 18 and over. Can the Minister clarify that for the record?

Subject to the answers to those few questions, we on these Benches are pleased to welcome this definition and look forward to hearing what the Minister has to say.

[Lord Freud]

I thank the noble Baroness for that. I know she has a concern in this area. Clearly, domestic violence is a dreadful form of abuse. We as a Government are committed to providing better support for victims. This is the first time that the definition recognises that the victims may be subject to a wide range of domestic violence and abuse.

On her specific question about whether the move from the old to the new has left any form of abuse stranded and not covered, I am happy to confirm that there is no situation covered in the old form which is not covered in the new form. The attraction of having a single definition is that it makes it much clearer to everyone—supporters and victims alike—what constitutes the abuse and that they can go to all government agencies for help with particular types of abuse.

Running through the questions in no particular order, on the 16 and 17 year-old question, our regulations are set out in such a way that they refer to all claimants. Clearly there are 16 and 17 year-olds who are claimants and therefore we do not have to specifically talk about 16 and 17 year-olds because they are automatically covered.

The other point raised about the structure of the regulations concerned why the definition is not replicated exactly. This is just about wording; the practical effect is the same. It needed to be worded in a way which, in drafting terms, was consistent with the powers in paragraph 8B of Schedule 1 to the Jobseekers Act 1995, which talked about domestic violence which is inflicted or threatened. The conduct we are defining must therefore be capable of being inflicted or threatened. In that light, the reference to “threats” and the “threat” of coercive behaviour, and “threatening behaviour”, are in practice surplus to requirements: one does not threaten to threaten. That is the trouble when one has other legislation into which one needs to fit things. That is all it is.