Housing Benefit and Disabled People

Anas Sarwar Excerpts

Wednesday 23rd January 2013 Westminster Hall

[Jeremy Lefroy]

I thank the hon. Gentleman for his intervention. He is right: in the two cases that I have outlined of Stafford borough council and South Staffordshire district council, we can already see some differences. Those differences have arisen not for ideological reasons, but because each council takes a slightly different approach. I am all in favour of local councils making their own decisions, but if we end up with a situation wherein some councils’ conditions for DHPs are drastically different from those of other councils, there will be serious problems. Of course, there is also the question of the different profile of housing stocks in different parts of the country, which has an impact on what the hon. Gentleman has said.

To continue discussing space, the size of the rooms also needs to be considered, but the rules specifically rule that out. A typical tenancy agreement may describe the bedrooms as “two plus one plus one”—in other words, one double bedroom and two single bedrooms. The single bedrooms are described as single for a reason—they are often very, very small, as I have seen for myself. Yet a family comprising, for example, a couple and two boys under 16 would be considered as under-occupying that type of property. The rules encourage that family to move to a two-bedroom property, which may itself be described as “two plus one” and where they would effectively be in breach of the tenancy. Surely, size of rooms needs to be taken into account when determining whether there is under-occupancy. I ask the Minister to reconsider the rules.

Of course, the family that I have just spoken about might not be able to find a such a property. In many areas, there is a shortage of suitable housing into which tenants can downsize, which is a serious problem, and it is probably the most significant reason why disabled people are by far the most likely to be affected by the changes to the housing benefit rules, given that, as the impact assessment stated, disabled people will tend to be in smaller households. There is nothing that disabled people, or indeed anyone else who is affected, can do about that situation. They cannot move into properties that do not exist.

[Anas Sarwar (Glasgow Central) (Lab)]

I congratulate the hon. Gentleman on securing this important debate. Obviously, this is a massive issue for disabled families, but more widely there are 660,000 people on housing benefit who are likely to be affected by the changes, mostly those who are living in two or three-bedroom properties who will need to move to a one-bedroom property; they will be penalised, by an average of £728. Does he think it is fair that those people will be penalised in such a way when there is such a shortage of one-bedroom properties?

[Jeremy Lefroy]

It is a very difficult situation. I fully understand the Government’s need to get to grips with the housing benefit bill, and I will come on to that issue in a moment. I know that my right hon. Friend the Secretary of State for Work and Pensions considers these matters extremely carefully, and I have had personal discussions with him about them. I agree that there is a need to try to free up the larger housing stock for those people who are over-occupying properties—people who are overcrowded; I also have constituents coming to me with that problem. However, I agree with the hon. Gentleman that there is a problem of the kind he describes.

Will the Minister say whether, in allocating DHPs between councils, any allowance has been made for those areas in which there is short supply of the one-bedroom housing that is most suited to disabled people who are living on their own or as couples without the need for a carer? If no such allowance has been made, that needs to be taken into consideration, at least for a while, until councils or housing associations have been able to provide such one-bedroom properties.

Two of the reasons for introducing the rules are to encourage greater mobility within the social rented sector and to make better use of the housing sector stock. Those are important reasons at a time when families are struggling in overcrowded accommodation—a situation I am sure that all Members know of from their surgeries. The problem is in the application for existing tenants who are affected by the changes, two thirds of whom, as we have seen, are disabled. It is difficult to see the purpose in encouraging a family with, say, two girls, one of whom will be 16 in a year or two, to move away—even if they can find a smaller property—only for them to need to move back into a larger property when the under-occupancy deduction no longer applies.

If family incomes were such that an additional £12 or so a week was affordable, there would be no cause for concern, but for families in which one person is disabled, income is more than likely to be limited, and the need for a discretionary housing payment therefore grows. It is to deal with such cases that I encourage the Minister to increase the additional funding for discretionary housing payments. If £25 million is set aside to offset the reduction in housing benefit for disabled people whose homes have been adapted—that sum may in itself be insufficient—there will be little left for other difficult situations.

On another matter, a constituent visited me two weekends ago to put the case of fathers who live apart from the mother of their children but look after the children for, say, three nights a week. The bedroom they have kept for their children is considered spare, and hence subject to the reduction in housing benefit. I do not believe that a bedroom that is occupied by one’s children for almost half the week can be described as spare. The fathers therefore face a choice between paying the weekly amount while trying to live on jobseeker’s allowance or employment and support allowance, and going into debt—those are their own words—or not having their children to stay. They all say they will do the former—go into debt—rather than not have the children to stay. I do not believe it was the original intention of the changes to force them into such a choice. We must not put obstacles in the way of fathers remaining in touch with their children. I ask the Minister to look again at the rule that does not count a bedroom used by children for two or three nights a week as part of the occupancy of the home.

The housing benefit bill rose from £11 billion in 2000-01 to £21 billion in 2010-11. Even in real terms, that is an increase of £6 billion a year. I fully appreciate the need to get a grip on this, but ultimately it is growth in the economy, improving incomes and a massive programme of building social and affordable homes, which I hope all Members will support, that will bring that bill down. In the meantime, I ask the Minister seriously to consider changing the rules as I have proposed in respect of children of parents living apart, and the minimum size of rooms that are expected to accommodate more than one child. I also ask that the Government ensure that the statement by my right hon. Friend the Member for Basingstoke when she was Minister for disabled people about there being “clear support” for disabled people to have the rooms they require is properly implemented.

At the same time, I ask the Minister to consider making an additional amount available to local councils’ DHP funds. That will give councils the opportunity to assist those whom the additional £12 or so a week, which they cannot avoid because of the lack of suitable properties to move into, takes over a tipping point at which their finances become unmanageable, potentially leading them toward eviction and homelessness.

[The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)]

It is a pleasure to take part in a debate on such an important issue, and I congratulate my hon. Friend the Member for Stafford (Jeremy Lefroy) on securing it. It is also a pleasure to serve under your chairmanship, Mr Caton. I believe that it is the first time that I have done so.

As we have heard, there is considerable interest among hon. Members in all parts of the House in housing benefit and how the benefits system supports disabled people, and it is important that we make time to discuss those issues in detail. Before I address some of the specific issues that have been raised, I will set out the Government’s approach to housing provision for disabled people.

As hon. Members will be aware, the Government are in the process of reforming the welfare system that will result in housing benefit for working-age people being replaced by universal credit. Current housing benefit arrangements include specific provisions for disabled people that mirror those for other means-tested benefits. They include, for example, a range of disability premiums, earnings disregards and permitted-work rules. With universal credit, we are simplifying the current arrangements to ensure that disabled people benefit from improved work incentives and a smoother transition into work.

My hon. Friend is right to point out that the cost of housing benefit has increased by about 50% in real terms over the past decade, with expenditure totalling £23 billion in 2011-12. That is simply unaffordable in the current economic climate. To begin to address it, the emergency Budget in June 2010 introduced a series of reforms to housing benefit paid to claimants in both the private and social rented sectors. Starting in April 2011, and finishing last month, we set up a series of reforms to local housing allowance, which is the basis for housing benefit awards made to people renting in the private sector. Those changes are intended to exert downward pressure on rents and introduce fairness into the system—for example, by setting caps on the benefit that is paid to ensure that the benefit system is not funding accommodation that many hard-working families could not afford.

Disabled people are not exempt from the reforms, but steps have been taken to provide some additional support to minimise potential adverse impacts on them. My hon. Friend mentioned the number of people affected by the social sector size criteria who are disabled. It is important to stress, however, that that reflects the general proportion of disabled people living in social sector housing overall. In answer to his question, I can confirm to my hon. Friend that the criteria allow for an extra room where a household has an overnight carer.

I am pleased to hear that Stafford borough council and South Staffordshire district council have been working proactively with tenants to identify, for example, where there may be scope for a mutual exchange. I have had other reports in the Department for Work and Pensions of such direct engagement with tenants. I must stress that many other options may be open to people, including those that they arrive at privately to deal with their own circumstances. Things that people can do—and are already doing—include moving somewhere smaller, finding the extra money required, or taking in a lodger. We are now waiving the income tax on that up to £4,250 a year. No tax would be payable on that sum. It is important to note that the private sector may have a supply of different sized properties and that people could move out of the social and into the private sector. When properties without the right number of bedrooms are not available in the social sector, they might be available in the private sector.

[Anas Sarwar]

Is the Minister seriously suggesting that people who are among the poorest and most vulnerable in our communities will be able to find £728, on average, from their annual income, to make up for the deficit in the housing benefit that they will get?

[Esther McVey]

I am not being specific about what people should or should not do. I am saying that there is an array of options, from which someone will find their best solution. The hon. Gentleman will, like me, have met people at surgeries who have said that they have come together as a family to work on the best solution for everyone. It is not a question of one person in isolation but the whole family. Many options are available. As we have said, we are living in tough financial times. What I am talking about is not something that we can take on board easily. We must just consider the fact that there are 1 million spare bedrooms in the current housing situation, but that 250,000 families live in overcrowded houses. We must ask what we can do to support those people.

[Anas Sarwar]

Will the Minister give way?

[Esther McVey]

I will proceed a bit further, and then if the hon. Gentleman wants to ask a further question he can.

There are always specific cases where the options in question may not be sensible or appropriate, and that is why we have trebled funding—a considerable amount—for discretionary housing payments, to give local authorities more flexibility to help people affected by the changes. Overall discretionary housing payment funding in 2013-14 will total £155 million. The funding has been allocated to support the bedding in of specific reforms, but we have listened to feedback from local authorities and as a result have built in flexibility that will allow authorities to allocate funding based on local needs. That flexibility includes, for example, helping disabled people who have made adaptations to their homes to remain in them, as was mentioned by my hon. Friend.

As I have said, there will be provision for those disabled people who need overnight, non-residential carers to receive additional payments for an extra bedroom. The hon. Gentleman pointed out that we are giving many types of support. The trebling of the discretionary benefit really does go to support the people most in need.

[Anas Sarwar]

On flexibility, is the Minister open to the idea of introducing a safeguard for people who cannot reasonably move to another local property because of the lack of availability and of sanctioning them only if they refuse a reasonable request? Is she open to that safeguard?

[Esther McVey]

The hon. Gentleman is speaking hypothetically. We have put in extra discretionary funds, because local councils will know exactly who those individuals are. We have put in extra money, and we have said that it is possible to move between the social and private sectors. With all the options that we have put in place, we believe that we will find solutions for all cases.