Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps she is taking to ensure that direct deduction orders do not leave people in relative poverty.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service (CMS) encourages paying parents to pay their maintenance on time in order to avoid accrual of arrears. Where a paying parent fails to pay on time or in full, the Service is committed to using its wide-ranging enforcement powers proportionately to recover the debt and re-establish compliance to ensure children receive the financial support they need and deserve.
When appropriate, CMS can implement one of two types of deduction order, Regular deduction order (RDO) or Lump sum deduction order (LSDO).
The Department has a range of safeguards in place to prevent deductions from pushing people in to poverty. Decisions about enforcement actions are made on a case-by-case basis, considering the welfare of all parties, potential financial hardship of paying parents, and the most appropriate action to give the greatest chance of securing money for children. RDOs should not exceed 40 per cent of the paying parent's gross weekly income, and LSDOs can only be made if the account has a credit balance above a minimum amount of £110.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment her Department has made of the adequacy of the accessibility of the appeals process for deduction orders.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service (CMS) takes the accessibility of the appeals process for Regular Deduction Order (RDO) or Lump Sum deduction Order (LSDO) seriously.
Guidance on how to appeal the deduction order is enclosed with the final lump sum deduction order letter when it is sent to the paying parent. The guidance clearly points out the time limits associated with an appeal.
The Family Court rules determine the 21 days afforded to appeal a deduction order is absolute. Neither CMS nor the courts have the power to extend the period to appeal beyond 21 Days.
The Judicial Review Team is aware that the Family Courts in England and Wales are experiencing unprecedented demand for their services and as such there is a delay in responding to customers’ deduction order appeals. To mitigate matters for the customer, measures have been put in place to hold the secured funds with the deposit taker for longer provided the customer can provide evidence the appeal was filed in the court within the 21-day appeal window.
The Judicial Review Team do investigate the lawfulness of the application of the deduction order. If errors are identified, action is taken to remedy those errors. This may involve reducing the amount of the sums frozen or discharging the funds completely. However, if the deduction order is lawful the Judicial Review Team will mount a defence to the appeal instructing a solicitor from the Government Legal Department to assist. Appeals are determined by a District Judge sitting in the Family Court.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many people have had their driving license suspended for failure to pay child maintenance in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Current legislation for driving license and passport removal requires repayment of the debt within six months, whereas legislation covering commitment to prison allows the courts to order the paying parent to repay debt in instalments over a two-year period. This longer period is generally more appropriate, so the commitment to prison power is used more often.
It should also be noted that these are actions of last resort and are intended to have a deterrent effect. The low number of sentences given may not reflect the number of people persuaded to pay by the prospect of these powers being used.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps her Department has taken to assess the (a) number and (b) causes of incorrect deduction orders.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The data requested is not held centrally. To extract this data would involve the manual review of all relevant cases to identify those deduction orders with an error and the reason which would be at a cost to the department and taxpayer.
CMS has taken positive steps to ensure the correct administration of deduction orders. Improvements include updates to CMS computer system 2012, amendments to operational procedures and inclusion in the Quality Assurance framework.
When any error is identified CMS undertake a thorough review of the case and action to correct the error. Each case is used as a learning opportunity with staff and to review and update our operational procedures to prevent future reoccurrences.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what the average length of time is for a PIP assessment to be completed; and what assessment she has made of the potential impact of these waiting times on applications for the carers allowance.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
The median clearance time from a Personal Independence Payment (PIP) registration to a DWP decision is 15 weeks for both new claims under normal rules and reassessments from Disability Living Allowance, as of July 2024. For new claims with Special Rules, there is a median time of 3 working days from registration to clearance.
Delays in assessing PIP claims should not affect the amount of Carer’s Allowance paid to the carer as the Carer’s Allowance claim can be backdated to the date PIP is awarded from.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment she has made of the adequacy of the PIP application system; and if she will make an assessment of the potential merits of (a) simplifying the application process and (b) introducing measures to reduce waiting times for decisions.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
The Personal Independence Payment application process, which was developed with the assistance of disabled people, is kept under constant review. This is to ensure that it is accessible to claimants, and that it helps the Department reach an accurate assessment of an individual’s entitlement.
The Health Transformation Programme (HTP) is modernising Health and Disability benefit services. It is developing a PIP service which will ultimately offer online application and reduce journey times, providing a more efficient service and an enhanced customer experience.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether she accepts the findings of maladministration in her Department in the report by the Parliamentary and Health Service Ombudsman entitled Women’s State Pension age: our findings on injustice and associated issues, published on 21 March 2024.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
As a newly formed Government we will need time to review and consider the Ombudsman’s report along with the evidence provided during the investigation.
Now the election has concluded we need to consider the views that have been expressed on all sides.
The issues outlined in the report are significant and complex, as such they require serious deliberation. Once this work has been undertaken, the Government will be in a position to outline its approach.
As part of this work, I met with representatives from the WASPI Campaign on the 5 September.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, with reference to the report by the Parliamentary and Health Service Ombudsman entitled Women’s State Pension age: our findings on injustice and associated issues, published on 21 March 2024, whether she will enable Members to vote on proposals for financial redress.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
As a newly formed Government we will need time to review and consider the Ombudsman’s report along with the evidence provided during the investigation.
Now the election has concluded we need to consider the views that have been expressed on all sides.
The issues outlined in the report are significant and complex, as such they require serious deliberation. Once this work has been undertaken, the Government will be in a position to outline its approach.
As part of this work, I met with representatives from the WASPI Campaign on the 5 September.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will respond to correspondence of 15 May 2024 from the Work and Pensions Select Committee to her predecessor, o making recommendations in relation to the report by the Parliamentary and Health Service Ombudsman entitled Women’s State Pension age: our findings on injustice and associated issues, published on 21 March 2024.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
We will need time to review and consider the Ombudsman’s report along with the evidence provided during the investigation.
We need to consider the views that have been expressed on all sides including the recommendations made by the Work and Pensions Select Committee and the points raised by representatives from the WASPI Campaign who I met on the 5th of September.
Once this work has been undertaken, the Government will be in a position to outline its approach.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what discussions she has had with stakeholders on the decision to withdraw eligibility for Winter Fuel Payments from those not in receipt of Pension Credit.
Answered by Emma Reynolds - Economic Secretary (HM Treasury)
This Government is committed to pensioners – everyone in our society, no matter their working history or savings deserves a comfortable and dignified retirement.
The Department met with Age UK, the Local Government Association and Citizens Advice prior to the Chancellor’s statement, which included the Winter Fuel Payment announcement.
Given the substantial pressures faced by the public finances this year and next, the Government has had to make hard choices to bring the public finances back under control.
We know there are low-income pensioners who aren’t claiming Pension Credit, and we urge those people to apply. This will passport them to receive Winter Fuel Payment alongside other benefits – hundreds of pounds that could really help them. We will ensure that the poorest pensioners get the support they need.
The Government will work with external partners and local authorities to boost the uptake of Pension Credit and to target additional support to the poorest pensioners.