Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Tuesday 17th January 2012 Lords Chamber

[Baroness Hollins]

My Lords, the amendments would place the new arrangements announced by the Minister in Committee in the Bill to reflect existing provision for carer’s allowance passporting in primary legislation. In the discussions around the Bill, Peers, including the Minister, have demonstrated their understanding and appreciation of the huge contribution made by the 6.4 million carers in the UK, often at considerable personal sacrifice.

Despite its rather low level, carer’s allowance is a vital benefit which provides an essential independent income for families providing care. As a result, it is crucial that the prominence of carer’s allowance is maintained, as now, in primary legislation, preserving the strength and importance of these crucial rights for carers. Amendment 54D would establish this crucial link between carer’s allowance and personal independence payment in the Bill but allow the Government to prescribe the rates in regulations. However, the clear preference of Carers UK and other charities—I agree with them—is for the maintenance of the strength of existing rights by also setting out the rates in primary legislation.

Amendment 54E would establish the passporting link and that both rates of the daily living component would act as gateways, fully reflecting existing provision for disability living allowance and the details announced by the Minister in December. I remind the House that in December the Minister said:

“It has always been our intention that personal independence payment will provide a gateway through to receipt of carer’s allowance in the way that DLA currently does”.

The briefing paper went on to say:

“It is our intention that both rates of the daily living component will be used as a criterion in connection with entitlement to carer’s allowance”.

Carers UK hopes that the Minister will feel able to support the amendment, to cement in primary legislation this announcement made before Christmas and to send out the clear message that the Government do indeed value carers and that their rights and entitlements are valued correspondingly in primary legislation. Having made such a positive announcement, I can see no reason why the Government would not wish to establish these details in the Bill.

In addition to establishing the provisions announced by the Minister in the Bill, the amendment also provides the opportunity to express ongoing additional concerns about the impact of the personal independence payment reforms on carers, which were not addressed by the announcement around passporting. Carers UK and other organisations are still deeply concerned that the 20 per cent reduction in spending on these benefits as the personal independence payment is introduced will lead to the loss of carer’s allowance for a number of carers, on top of substantial numbers of disabled people losing their benefits.

Having looked at the consultation issued yesterday and other documents which I have received, I cannot see an assessment of the impact on carers of the changes. I may have missed it. We know from the statistics the impact on the relevant groups of disabled people—those in receipt of middle or higher rates of the care component of DLA, the gateways to carer’s allowance—and that these groups will be reduced by 80,000. Many, of course, will not have carers, but it is likely that some of those 80,000 will have someone currently in receipt of carer’s allowance caring for them, and when the disabled person loses his or her benefit the carer will lose eligibility for carer’s allowance.

I understand everything that has been said about the emphasis being on supporting people with greater need and that some people may receive more and that some people currently receiving the lower rate may move into the new standard rate, but concern has been expressed. So, if there has been no impact assessment, is the Minister now able to inform the House how many carers are likely to be affected by these changes? I look forward to hearing the Minister’s response to the two amendments. I beg to move.

[Baroness Howe of Idlicote]

My Lords, my name is also on this amendment and I fully support what my noble friend Lady Hollins has said. As we have heard, there are approximately 6.5 million carers. Of course, we all need to remind ourselves just how important they are and how much money they save the state in the work that they do on behalf of their families and, indeed, friends, because quite a number of carers are not necessarily directly related. Perhaps the Minister would agree that that is a very good reason for putting this proposal in the Bill. It would certainly reassure all those who, as has been said, do so much for the nation in terms of finance and for individuals with whom they have personal caring relationships.

I hope that it will be possible for the Minister to accept this amendment. Otherwise, perhaps he will give us an assurance on the questions that have been asked. That would be helpful and useful. I look forward to hearing his reply.

[Baroness Pitkeathley]

My Lords, I, too, speak in support of these amendments. We are talking about essential rights for carers. When carers give up work in order to care, it is crucial that they are able to access financial support, which provides them with an independent income. I hope that your Lordships will forgive me for a brief trip down memory lane about an independent income for carers. In the 1960s, an independent income for carers was at the very heart of what started the carers’ movement. That independent income was achieved in the 1970s and went on to be extended in the 1980s. I should like to acknowledge the very active part that the noble Lord, Lord Newton, who is not in his place, played in extending those rights under—perhaps I may remind your Lordships—a Conservative Government.

Given the importance of carers, which has been acknowledged time and again, it is disappointing that the Government have not brought forward an amendment to place these rights in the Bill. If the gateway for PIP payments is left to regulations, different groups of carers will have their rights to carer’s allowance set out in different ways. Those caring for disabled children will continue to receive DLA and will not be moved on to PIP, and carers looking after an older person in receipt of attendance allowance, which is also unaffected by these reforms, will continue to have their right to carer’s allowance clearly set out under the Social Security Contributions and Benefits Act. Yet those who are caring for disabled people of working age who are being moved on to PIP would have their rights set out only in secondary legislation, which would make for a confused picture.

I know that Carers UK, other Peers in your Lordships’ House and the Disability Benefits Consortium very much welcomed the Minister’s decision to bring forward their decision about both levels of PIP in December. But to give carers full confidence in their rights and clarity in the legislation, it is crucial for the decision to be written in the Bill.