No-fault Benefit Debts

Chris Stephens Excerpts

Thursday 21st July 2022 Commons Chamber

[David Linden]

I thank the hon. Gentleman. When I and the hon. Member for Lancaster and Fleetwood (Cat Smith) visited his constituency office on holiday during the Easter break, I saw at first hand how hard he works for his constituents; there were piles of casework all around him that day. His intervention is born of the fact that he is a hard-working constituency MP and can see the reality of this issue. He is right to call for that special clause.

Speaking about the rule before the introduction of universal credit, the then Employment Minister, the right hon. Member for Epsom and Ewell (Chris Grayling), said:

“The practical reality is that we do not have to recover money from people where official error has been made, and we do not intend, in many cases, to recover money where official error has been made.”––[Official Report, Welfare Reform Public Bill Committee, 19 May 2011; c. 1019.]

Yet the DWP almost always asks for the money back now. Overpaid claimants can ask the DWP to waive recovery, but only about 10 waiver requests were successful in 2020-21, set against 337,000 new overpayments caused by DWP mistakes in the same period. The DWP openly asserts that it will abandon recovery only in “exceptional” cases.

When the DWP insists on recovering a no-fault debt, it has the power to make large deductions from somebody’s future universal credit payments—up to 15% of their standard allowance. To be clear for those watching today’s proceedings at home, I should say that the standard allowance is the amount that the Government believe a person needs to live on, so reducing it by 15% certainly causes hardship. The Government have already suspended energy companies from that, so why on earth are they doing it?

All this is out of line with basic ideas about fairness and fault. The rules about recovering overpayments are very different from what they were for the legacy benefits and tax credits that the universal credit system replaces.

[Chris Stephens (Glasgow South West) (SNP)]

I thank my hon. Friend for securing the debate. There is another issue here—this goes back to fairness—about the case law on the overpayment of wages, where there is an error in law and an error in fact. Perhaps that is something the Department should reconsider.