Benefit Claimants Sanctions (Required Assessment) Bill

Alison Thewliss Excerpts

2nd reading: House of Commons
Friday 2nd December 2016 Commons Chamber

[Conor Burns]

I agree, and I have known the Minister for over 20 years and I know him to be one of the most moderate, reflective and compassionate people in our party. I know he will be open to ideas on how we can further improve the system to deliver the best support to those who legitimately need it most.

[Alison Thewliss]

In seeking to build a system that has compassion within it, does the hon. Gentleman agree that my constituent who was sanctioned for missing his signing day to be at his father’s deathbed is in need of compassion from a system that is clearly failing at the moment?

[Conor Burns]

The hon. Lady raises an individual case; we all have individual cases in our constituencies where the system has let people down. That is why it is absolutely appropriate that there is a full independent appeals process to correct it when it goes wrong. I would extend, through the hon. Lady, our sympathy to that gentleman; the system clearly did not work for him on that occasion. But that is why it is important that we have this continuous process of listening and improvement; that is how systems are improved.

Between October and December 2015, in terms of employment and support allowance sanctioning, the Government made significant improvements in communications between decision makers and Work programme providers to ensure that claimants received relevant safeguarding activities and reduced the risk of inappropriate sanctions.

In November 2015 the Government re-introduced automated sanction notifications for jobseeker’s allowance and ESA. In December 2015 the Government issued supplementary vulnerability guidance to work coaches in Jobcentre Plus, which includes how conditionality can be tailored for vulnerable claimants to take account of individual circumstances.

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[Conor Burns]

If the hon. Lady has an example of a named official who has told her that, she should feed that information to the Minister, because I am sure that the Department would like to investigate it. That is not the policy of Her Majesty’s Government. The Department has laid down a very clear process that staff have to follow.

I shall take the House through that process. The first stage involves a claim interview at which expectations are explained and set by the work coach. The claimant’s commitment is discussed and agreed, taking into account individual circumstances. It includes the claimant’s job goals and the days and hours they are available for work—including any agreed restrictions for caring responsibilities or health reasons—and the job steps that offer them the best prospects of employment. The work coach notifies the claimant of any specific requirements, such as the details of where and when they need to attend the jobcentre. As part of the above, the work coach explains the consequence of non-compliance and gives sources of further information, such as the Government’s website.

[Alison Thewliss]

I appreciate what the hon. Gentleman is saying about the process for claimants getting into work, but does he agree that there is no logic to the case of one of my constituents who found a job and was informed by the DWP that he was at risk of sanction for failing to apply for more jobs while he was waiting to take up that job? Is that not absolutely illogical?

[Conor Burns]

I agree that that seems absolutely illogical, and I am pretty certain, on the basis of what the hon. Lady says, that that individual would be successful in appealing. It is a logical absurdity to suggest that a claimant would be fined while waiting to take up a job, unless the commencement of that job was, say, two years down the line.

I shall describe the second step to the House. If, when reviewing the claimant’s activity, the work coach identifies that an activity has not been completed, they will: tell the claimant why the doubt has arisen; ask the claimant to provide the reasons for their failure and any supporting evidence to help the decision maker reach their decision; tell the claimant what will happen next, how they will be notified of the outcome and how to challenge the decision if they disagree with it; and provide the claimant with information about hardship and how to claim it.

In the third stage, details of the failure and any available supporting information or evidence are referred by the work coach to a decision maker. The work coach will include any details they have of factors that may affect the claimant’s capacity, such as caring responsibilities, health and wellbeing issues, accommodation problems or anything else that is relevant.

In step four, the decision maker reviews the case. If required, the claimant and/or relevant third party are contacted to provide any clarification or additional information, either by telephone, email or letter. For provider referrals, including those relating to the Work programme, the decision maker tells the claimant that a doubt has arisen, gives the reasons and asks the claimant to provide the reasons for their failure and any supporting evidence.

In the fifth step, the decision maker considers all the available information and decides whether the claimant had a good reason for their failure and whether a sanction is therefore appropriate.

The sixth stage involves the details of the decision being sent to the appropriate benefits centre for processing.

In the seventh step, the claimant is issued with a notification letter to inform them of the decision. When a sanction has been applied, that notification includes details of the reason for, and the period of, the sanction, how to claim hardship and what the claimant should do if they want more information about the decision and/or want to challenge it.