Concentrix: Tax Credit Claimants

Angela Crawley Excerpts

Tuesday 18th October 2016 Westminster Hall

[Fiona Mactaggart]

My hon. Friend is right that we need to focus on the responsibility of the Government, because that is what we Members of Parliament can most influence. The first lesson for the Government is that payment-by-results contracts should be avoided. Concentrix staff were under pressure to perform—we are told that they were expected to open 40 to 50 new investigations a day—so they regularly proceeded on totally flimsy evidence.

I spoke to Concentrix about the source of the evidence it received, because I could not really believe that a company would proceed on the basis of such information —“Somebody else once rented this flat”, “The electoral register has this person on it”, “Someone has had their post sent to this address,” and so on. The director of Concentrix told me:

“HMRC provide Concentrix with the claimant cases that they believe qualify for review.”

So the source of the evidence is HMRC. He continued:

“These cases are selected by HMRC based on its own internal system which flags where there may be the potential for fraud or error. There were 1,497,000 cases provided from the Authority based on their initial assessment of risk or error and fraud.

Concentrix subsequently runs a further series of checks to substantiate the potential risk of fraud and error and to refine the list of cases that are then checked. In the latest campaign, Concentrix deselected 80% of the cases originally provided to us by HMRC. This means we contacted 324,000 and the remaining 1,173,000 were not worked by Concentrix.”

According to him, HMRC even pressed Concentrix to investigate cases in which it could not name the alleged co-resident.

We have been blaming Concentrix for using flimsy evidence when I think that the source of that flimsy evidence is actually HMRC. My first question to the Minister is: where is the so-called evidence sourced from? Is it the Post Office, credit agencies or out-of-date electoral registers? Is it true that the Treasury pressed Concentrix to pursue cases with so little data that the alleged co-resident’s name was not even known? When tax credit claimants were written to about the investigation of their case, the alleged co-resident was not named in that letter. Many of my constituents have said, “How can I prove a negative?”. Of course, if they had got through on the telephone, they would have been told the alleged co-resident’s name, but getting through on the telephone was not straightforward, as we all know.

I remind the Minister that section 16 of the Tax Credits Act 2002 gives the power to amend or terminate an award where there are reasonable grounds for believing that an award is wrong or that there is no entitlement. It also gives the power to request information or evidence where there are grounds for believing that the award might be wrong. That law is clear. It was confirmed in an Upper Tribunal judgment by Judge Wikeley that the burden of proof for stopping a tax credit award lies with HMRC, but that was reversed in these cases: the authorities proceeded to close claims without reasonable grounds that they could evidence. They demanded excessive evidence from applicants who sought to disprove allegations that they had claimed the wrong amount for childcare or were living with an unnamed partner.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I raised the important question of Concentrix back in February. One of my vulnerable constituents, a single mother of three, was put on trial and lost her tax credits for six weeks over Christmas, only to be informed that she had no case to answer. I ask the right hon. Lady to join me not only in condemning the practices of Concentrix, which she is doing more than capably, but in calling on the Government to renounce this terrible, abhorrent practice entirely.

--- Later in debate ---

[Fiona Mactaggart]

Indeed. There is an important principle in the UK’s administrative law that public authorities act on the basis of evidence and law, and that if they dispute someone’s claim, they should have a good reason. The HMRC charter says that people have a right to be treated as honest. Well, the lone parents who were targeted did not feel that they had that right. Nearly a third of claimants applied for a mandatory reassessment, and they were overwhelmingly successful. Will the Minister guarantee that in future the Government will put acting legally before getting money out of citizens who do not have any? That is the question at the heart of this debate: illegal action has screwed money —excuse my language—out of citizens and damaged their ability to do their main job, which is to look after their families.

HMRC implies that the reason for dropping the contract is a sudden decline in the level of customer service, in particular the backlog of 200,000 incomplete cases and the terrible performance of Concentrix’s telephone service. Concentrix responded by saying that the case numbers were far above predicted rates. In August this year, they were nearly five times the forecast rates, which were developed by HMRC. One contributor to the backlog was HMRC’s automatically terminating 45,000 cases—guess when? In the week beginning 8 August. Where do mums and dads go in that week? They go on holiday, because it is the only time they can take their children on holiday, because otherwise they are at school. The Government have form when it comes to sending out such letters and starting consultations at the beginning of August. If the Minister can say that one of the things he is going to do is ensure that this nastiness in August will end, I think we would all be pleased to hear it.

Why were the predictions of the number of cases so brutally wrong? Why was the letter sent out on 8 August to terminate all those cases on the grounds that they had not fulfilled their information returns? In management terms, it would be more sensible to spread such a policy across the year, so that when someone does not respond to an information return they get a notice at the time. I do not believe that all the cases were started in August. I do not believe that thousands and thousands of people made their first tax credit application in the week beginning 8 August, yet so many of their cases were terminated in that week, causing extreme chaos in a situation that was already brutally chaotic.

It seems to me that the discovery of a service failure just after I sought this debate and just after the Department was called before the Work and Pensions Committee does not bear looking at. A cursory look at Mumsnet web chats, at the Child Poverty Action Group’s advice logs or at all the letters that the Minister and civil servants have received from MPs would have made it clear that the company’s performance has been unacceptable for a long time. Will the Minister ensure that any new contracts with private companies will permit a swift end if performance is substandard and ensure that the Government get information about the standards that are achieved in a timely fashion?

The current contract states that if Concentrix delivers less than 97% accuracy, its commission will be reduced, but I have discovered that in this case accuracy does not mean making the right payments to the right people; it means jumping through the hoops devised by HMRC. Let us have a real definition of accuracy, which is that the right payments should go to the right people and should not go to the wrong people. We all accept that people should not be paid tax credits wrongly, but accuracy must be judged on the real results, not on some process that is extremely burdensome.

I am concerned about the fact that, as my hon. Friends have said, the burden has particularly hit women and mums. What equality impact assessment was done at the start of the contract? We know that David Cameron called such assessments “bureaucratic nonsense”, but it seems to me that this issue is crying out for one, because someone should have thought about the fact that mums would be targeted. Of course, some dads were drawn into the net, and I am not denigrating their experience in any way, but it is not acceptable for Government policy to lay a particular burden on mothers in such circumstances.

[Angela Crawley]

Does the right hon. Lady agree that the UK Government have prioritised austerity measures? More than 80% of women have been adversely affected by this austerity-driven Government’s welfare reforms and cuts.

[Fiona Mactaggart]

Not only are more women affected than men, but they are affected by more costs than men. Four fifths of the savings that the Government have made through their so-called austerity programme have been contributed by women. One thing for which I was really proud of the previous Labour Government was that they increased the amount of resource that went into women’s purses compared with men’s wallets. Through measures such as child tax credits, they dealt with maternal poverty pretty effectively. The current Government are doing their jolly best to reverse that progress.

--- Later in debate ---

[Simon Kirby]

I will make some progress, and if the hon. Gentleman listens carefully, he may well hear some things that are helpful to that question. Before I turn to those points, let me outline what we are doing.

First, as my hon. Friend the Financial Secretary announced in the House last month, HMRC is not passing any new cases to Concentrix. We have been very clear that the contract will not be renewed beyond the end date of May 2017. Secondly, staff at HMRC are, as we speak, making every effort to resolve all open cases to ensure people get the payments they need and deserve. HMRC took back 181,000 outstanding cases from Concentrix and it has already dealt with more than 149,000—82%—of them. I would like to reassure everyone whose case remains open that we are making every effort to complete those cases within the next couple of weeks. It really is a priority.

[Angela Crawley]

Will the Minister give way?

[Simon Kirby]

I will not give way.

Thirdly, anyone who does not agree with Concentrix’s decision has a right to ask for a review called a mandatory reconsideration. HMRC has allocated its own staff to carry out such reviews within 21 days of the request. It is a large organisation with flexible staffing, so it is able to deal with peaks and troughs of demand. The hon. Member for Aberavon (Stephen Kinnock) mentioned the issue of extra costs, but I am confident that there will not be any.

--- Later in debate ---

[Simon Kirby]

As I said, HMRC has a large number of staff, who are flexible and deal with the peaks and troughs of demand. If HMRC, after receiving the relevant information and reviewing the case, finds that the claimant is entitled to tax credits, they can expect to see that money in their bank accounts within four working days.

Lastly, we are working with hon. Members to help their constituents who are struggling to resolve any issues. We have extended opening hours and have put extra advisers on the tax credits hotline for MPs, which is now handling about 200 calls a day. I am pleased to inform hon. Members that my hon. Friend the Financial Secretary, following last month’s drop-in session, will be holding another session tomorrow in the House of Commons Library.

[Angela Crawley]

The news that HMRC will not renew the contract with Concentrix is welcome. Those responsible for these reprehensible practices should be held to account. When these services are brought back in-house, we must ensure that the blanket, baseless accusations and sanctions that have been applied will stop and that compensation will be made for the Government’s mistake. Will the Minister take the opportunity to apologise to my constituents and the women and men up and down the country who have experienced the Government’s failure?

[Simon Kirby]

None of us in this Chamber wants anyone not to receive money that they are entitled to, especially if they are parents with young, vulnerable children. It is up to all of us to help our constituents and ensure we once again provide a fast and efficient service to everyone.

Let me turn to some of the issues that were raised. I do not have a lot of time, so hon. Members will have to bear with me. I acknowledge the points made by many hon. Members about the contract. HMRC will be undertaking a lessons-learned exercise, and it will share those lessons across the Government. It is clear that they will help to inform other contracts in the future.