Disabled People

Debate between Christopher Chope and Mark Hoban

Wednesday 10th July 2013 Commons Chamber

[Mr Hoban]

I shall give the hon. Gentleman some homework for the summer recess. If he goes back to Thursday’s Hansard and the statement that the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Wirral West (Esther McVey), made about stage 2 for Remploy factories, he will see that it sets out in detail the work that we have done to get people back into employment, and it gives the aggregate figures. The success in getting people into work after the closure of Remploy factories has outpaced what normally happens with redundancies. What we have seen demonstrates the important support given to get people into work.

This Government remain convinced of the need to maximise the opportunities available to disabled people to enable them to realise their employment aspirations. The principal objectives of our disability employment strategy are to increase the employment rate for disabled people, and to maximise the opportunity for disabled people to realise their employment aspirations and thus achieve greater economic independence. We will publish our strategy later this year. We need to make sure that money is targeted more effectively, to ensure that support continues to be available to those who need it most, that there is a lasting impact and that interventions provide a fair deal for the taxpayer.

[Mr Christopher Chope (Christchurch) (Con)]

My hon. Friend talks about priorities. Will he assure the House that the Government’s priority is to give help to disabled people who are British citizens over those who are not British citizens?

[Mr Hoban]

What we need to do is make sure that we get more people into work, regardless of their disability, and we must help them into employment. We are particularly supporting those who were Remploy employees to get into work, as well as broader groups. That is our focus; that is exactly what the Government are trying to do. That is why we accepted the recommendation from disability expert Liz Sayce that we should focus support on individuals through services such as Access to Work, rather than through institutions such as Remploy, so that more disabled people can work in mainstream employment.

Next week we will see the first ever disability employment conference, a flagship event funded by Government and business. This will involve more than 600 people in London and five regional locations via video link, with many more watching online. The conference is a unique opportunity for businesses and Government to come together to identify the challenges that others are facing and provide innovative solutions to tap into this underemployed pool of talent and reap the benefits that this can bring. But next week’s conference is just the beginning. Over the next two years we will continue to work with business to bring about a new disability-confident perspective on employment and improve the employment outcomes for disabled people.

I have no doubt that people want to work, but some are held back by a complex and unwieldy benefit system with weak or even non-existent incentives to work. Our plans for welfare reform will transform the benefits landscape. We have designed a new system with work as its focus—a coherent approach which ensures that people will be better off in work than on benefits. I firmly believe that the vast majority of people want to work and gain greater independence, but we also know that many disabled people who want to work fear the risk of losing their benefits and feel that that is too great a risk of getting into work. By simplifying the benefits system and making sure that work pays, universal credit will remove the financial risks of taking the first steps back into employment, and increase the incentives for working, even for a few hours a week.

Let me deal with some of the points that the right hon. Gentleman made. Universal credit will provide unconditional support to those disabled people who are not expected to do any work. There will be no cash losers in the roll-out of universal credit. People will see their level of benefit protected when they switch over if their circumstances remain the same. Indeed, the average change in income for disabled people under universal credit is an increase of £8 a month.

Universal credit will provide support for carers and improve their opportunities to maintain links with the world of work. Many families will benefit from help with child care costs, especially people who work under 16 hours a week, who will get help for the first time. Households with one or more disabled adults will be able to keep up to £647 a month of their earnings before seeing a reduction in their universal credit. It will also offer a more flexible system for people whose ability to work fluctuates. Universal credit will encourage more disabled people to see work as financially viable, increasing their dignity and self-esteem.

Welfare Benefits (EU Citizens)

Debate between Christopher Chope and Mark Hoban

Wednesday 5th June 2013 Westminster Hall

[The Minister of State, Department for Work and Pensions (Mr Mark Hoban)]

I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on securing the debate and trying to highlight some of the challenging issues we have to deal with. The Government are rightly concerned that our rules on migrants’ access to benefits should be robust. We already have strong rules to protect the taxpayer and the public purse from abuse and fraud. Those rules are fair and just, and I think they are entirely consistent with the freedom of EU citizens to work and to look for work here—I will come back to the issue of those who come here with no intention of working and the controls that are in place in that regard. The rules rightly ensure that migrants cannot get benefits if they have never worked here and have no intention of doing so.

Let me set out a bit of the background to assist my hon. Friend. European law says that an EU citizen can move to another member state if they are a worker, self-employed or a student, if they are seeking work or if they are self-sufficient. When EU nationals come to work in the hotels and guest houses of Bournemouth and Christchurch, it is that right that they are exercising, in the same way that UK nationals exercise their right when they go and work in other European Union countries.

European law also says that we must treat EU nationals who come here to work in the same way as we treat British nationals. We comply with that principle. EU nationals who work here and then lose their job can claim jobseeker’s allowance and housing benefit and, if they are temporarily unwell and unable to work, they can claim employment and support allowance.

EU nationals who come here to seek work are expected under EU law to be actively seeking work and to have a genuine chance of getting a job, and if they do, we say that they can claim jobseeker’s allowance. When people try to claim JSA, we apply a fair test to assess whether they are genuinely here to seek work—the habitual residence test. That test is applied to jobseekers whether they are EU nationals or UK nationals.

My hon. Friend is absolutely right that no member state can afford to support migrants who have no intention of working and contributing economically to the community in which they choose to live. There is no requirement under EU law to provide such support, nor should there be. EU law has not sought to harmonise benefit regimes, nor should it. As he rightly points out, those are matters for national Governments. Member states have their own benefit regimes, some of which are more or less generous to their citizens than ours. It is easy to see why some people feel that they can move, not to work, but to take advantage of what they think is more generous welfare support in another country.

EU law sets out rules for co-ordination between member states to ensure that people who are genuinely exercising their free movement rights are not disadvantaged. There is no free movement right for those who are economically inactive and have no intention of working but want to be supported by state funds. We cannot be expected to support those who move just to take advantage of different benefit regimes, and the public are rightly concerned that that is what would happen if we were not allowed to check the legal basis for someone’s residence in this country, which is the basis of the infraction proceedings against us.

[Mr Chope]

My hon. Friend the Minister uses the expression “no intention of working”, but all they need to do is show that they are applying for jobs and that they hope to be able to work. It is very hard to prove that they are not intending to work, particularly when his Department does not even have the information on whether they are British nationals.

[Mr Hoban]

I just say to my hon. Friend that when someone seeks to claim jobseeker’s allowance, they go through vigorous tests to identify whether they are looking for work. The only basis on which people receive benefit is by demonstrating that they are looking for work, which is why we have the habitual residence test. It tests not whether someone has popped across on holiday and decided to sign on while they are here, but whether they have any real intention to be here and work. That is why we ask a range of questions and why we are trying to strengthen the test, which I shall come on to in a moment. It was one of the commitments the Prime Minister made. I want to say more about the habitual residence test and the infraction process.

The Commission says that we discriminate against EU citizens when we apply the habitual residence test. We believe that we are following EU law correctly when we apply those rules. Rules in the residence directive explicitly allow us to protect our national finances and prevent migrants from becoming an unreasonable burden on our welfare system. When we ask people to satisfy the habitual residence test, we do so not on the basis of their nationality but on the basis that they have moved to the UK from abroad, even if they have previously lived here. We do so to protect our system from abuse. Why would a member state not want to protect its benefit system from abuse by checking that someone is legally resident before they make a claim? The advocate-general of the European Court, in giving his opinion on an Austrian case called Brey, said that

“the Court has held in various circumstances that Member States may require lawful residence before granting social assistance benefits, providing that such a requirement complies with EU law.”

That is exactly what we do when we assess someone’s right to reside as part of our habitual residence test. We treat each case on its own merits and consider the individual circumstances of the claimant. Our test is fair; it legitimately requires that a benefit claimant has a reasonable right of residence here and a degree of interconnection with and integration into UK society.

This is not the first time that someone has sought to challenge the habitual residence test. We have already successfully defended challenges to our test in our Supreme Court and the domestic courts. They found that the habitual residence test does not discriminate on the grounds of nationality and that its use is justified because it protects the public finances of the UK and prevents benefit claims by people who have no intention of working here at all. My concern and that of the Government, and the reason why we are fighting the case, is that if the Commission is successful in arguing its interpretation of the rules, it will open a new door that will mean that member states can no longer check that migrants meet national residence laws, thus extending free movement to inactive migrants who believe they can move to any member state and get social assistance benefits soon after arriving. That cannot be right, which is why the Government, the Secretary of State and I are determined to defend the test. We believe that we have strong grounds to win the argument in the Court.

My hon. Friend mentioned the measures that the Prime Minister announced to strengthen our position. I shall highlight two announcements, the first of which was on time-limited access to benefits. Under EU law, someone has a right to reside as a worker or a jobseeker only if they are “continuing to seek employment” and have a

“genuine chance of being engaged”.

It is not unreasonable to take the view that if someone has not found a job within six months, that right should terminate. At the moment, we expect that most jobseekers will find a job within six months. The Home Office will amend the regulations to create a statutory presumption that EEA nationals who are coming to look for work in the UK or who have lost their job will no longer be exercising their free movement right of residence as a jobseeker after six months, unless, in line with EU law, they demonstrate that they are actively seeking work and have a genuine chance of getting a job. Most jobseekers will find work quite quickly—within six months. It is hard to demonstrate after six months that they have a genuine chance of getting a job.

The other announcement was on strengthening the habitual residence test. We will continue our work to ensure that our decision making when assessing whether someone satisfies the test is consistent and fair. We are improving the test, as the Prime Minister said, by increasing the range and depth of evidence that advisers collect from claimants and making it easier for advisers to tailor the questions to someone’s circumstances. Those improvements will support our argument that our test is robust and that our decisions are fair and comply with EU law.

My hon. Friend asked about language skills and the assessment of the genuine chance of finding a job. We will assess whether language skills are a barrier to work, as part of the habitual residence test—it is built into the test. He also commented on the fact that we are in discussions with our European neighbours. My right hon. Friend the Secretary of State for Work and Pensions has been in Germany to meet his opposite number, the Deputy Interior Minister. The Home Secretary will raise these issues with other Interior Ministers at the Justice and Home Affairs Council over the next week. I am going to the Netherlands this evening to talk to my opposite number about how we can work together more closely. There are clear concerns in a number of member states that the Commission is seeking to extend its influence in this area and subvert the right of free movement, which is widely supported in member states. We need to continue to work with our allies, demonstrate a need for change and recognise the concerns expressed across a wide number of member states about the Commission’s role.

My hon. Friend started his speech by talking about the broader issues of access. I am sure that he will welcome the immigration Bill announced in the Queen’s Speech, which will tighten access to the NHS and controls on private landlords letting property to tenants from overseas. The Government are taking steps to tighten access to not only welfare benefits but other public services, which is an important part of our approach.

[Mr Chope]

Does my hon. Friend not agree that it would be much better if we could do all that under our own control? If we were outside the European Union, we would be able to make such decisions ourselves, instead of being beholden to the European Commission, which, from the way he has described the infraction proceedings, is wholly intransigent. I sympathise with him. For all the effort he is making, he is banging his head against a brick wall; there is no give on the part of the European Commission. Does there not come a time when the British people have to say, “Enough’s enough. If you do not concede anything, we will leave”?

[Mr Hoban]

My hon. Friend is being uncharacteristically defeatist. We can make progress, which is why we are engaging with other member states. The support among other member states—we were party to the Brey case—demonstrates to the Commission how much concern there is. Member states can take the initiative to change the regulations, and we need to demonstrate to the Commission that there is support for that. I fully support the Prime Minster’s policy. We need to have the renegotiation and put the outcome of that renegotiation to the people in a referendum when we win the next general election. That is the right approach. We need to build alliances with other member states; we are not alone in our concerns. My hon. Friend will be relieved to know that other member states share his concerns exactly.

I hope that from my remarks this afternoon my hon. Friend sees that the Government are actively taking steps to protect our position not only in domestic law, by strengthening the habitual residence test through the new rules and the presumption about someone being out of work for six months, but by defending the matter strongly in the Court and building alliances with other EU countries. Our approach is right.

[Mr Chope]

If it does not give in, will we leave the European Union?

Oral Answers to Questions

Debate between Christopher Chope and Mark Hoban

Monday 20th May 2013 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

14. What steps he is taking to reduce the eligibility to UK benefits of nationals of other EU member states.

[The Minister of State, Department for Work and Pensions (Mr Mark Hoban)]

We are taking steps to tighten further the rules relating to all migrants, not just new migrants. We are strengthening the habitual residence test; the Home Office is creating a statutory presumption that European economic area jobseekers and workers who are involuntarily unemployed will not have a right to reside here after six months unless they can demonstrate they are actively seeking work and have a genuine chance of finding a job; and we will prevent those with no entitlement to work in the UK from claiming contributory benefits.

--- Later in debate ---

[Mr Hoban]

My hon. Friend raises an interesting point, but she might be aware that in a contributory benefits system those benefits can be exported to other EU member states, and she may think that is a disadvantage of the contributory system.

[Mr Chope]

Why do the Government not insist that out-of-work benefits paid to non-United Kingdom citizens should be paid at the rate of benefit prevailing in the claimant’s home country? Should we not insist on that being a red line in the welcome forthcoming renegotiation?

[Mr Hoban]

My hon. Friend is aware that we are, in part, operating within a framework determined by the European Union. My right hon. Friend the Secretary of State met his German counterpart last week, and further meetings are planned for next month with European employment Ministers to discuss these very issues.

Finance Bill

Debate between Christopher Chope and Mark Hoban

Tuesday 28th June 2011 Commons Chamber

[Mr Hoban]

I thank the right hon. Gentleman; there are times when I am happy to accept congratulations from the other side of the House. We want to ensure, especially given the constraints that we are working under in these times of fiscal austerity, that measures can be well justified.

An Institute for Fiscal Studies report published in 2001 questioned how far the take-up of private medical insurance would ever respond to tax relief. It also suggested that the dead-weight cost would make it unlikely that tax relief could be self-financing.

[Mr Chope]

My hon. Friend was not in the House in 1989, but is he saying that my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), who was Secretary of State for Health at the time, was wrong to say that introducing this self-same measure would

“reduce the pressure on the NHS from the very age group most likely to require elective surgery, freeing resources for those who need it most”?—[Official Report, 31 January 1989; Vol. 146, c. 169.]

[Mr Hoban]

Loth as I am to suggest that my right hon. and learned Friend could ever be wrong on any measure, I want to make a point about the chances of a reduction of pressure on the NHS exceeding the cost of the tax relief. There is no evidence that there would be a net positive outcome for the Exchequer. When a similar relief existed in the 1990s, it had little apparent effect, and the IFS report from 2001 concluded that it was unlikely that such a subsidy for private medical insurance would ever be self-financing.

I appreciate the passion with which my hon. Friend the Member for Mole Valley has put forward his argument for the new clause, but I do not think that there is sufficient evidence at this point to justify the relief. There is no evidence that it would represent good value for money for the taxpayer, particularly at a time when our efforts should be focused on reducing the deficit and tackling the problems left by the previous Government.

Savings Accounts and Health in Pregnancy Grant Bill

Debate between Christopher Chope and Mark Hoban

Tuesday 26th October 2010 Commons Chamber

[Mr Hoban]

No; I want to make some more progress.

I realise that many people, including some hon. Members, will find these changes disappointing. As I have explained, however, the child trust fund is simply unaffordable given the deficit that we face and the need to focus our resources on supporting people now.

Although we need to reduce spending on the child trust fund, we remain committed to encouraging people to save. I want to see a saving system that is based on our principles of freedom, fairness and responsibility, as well as being affordable and effective.

[Mr Christopher Chope (Christchurch) (Con)]

I am with my hon. Friend 100% on the principle that he has just enunciated. Will he clarify the issue of encouraging people to save for their further and higher education? If they do so, they will apparently be penalised under the coalition Government’s proposals if they pay their fees upfront having done the right thing and saved for their education. Is that correct? If so, how is it consistent with what he has just said about our commitment to encouraging a savings culture?

[Mr Hoban]

My hon. Friend has made an interesting point. We want to encourage more young people to save and to give them some assets at the age of 18. I will look into his point and write to him.

As I have said, the saving gateway and the child trust fund are not affordable given the budget deficit that we inherited, so we are taking a different approach to encouraging saving that builds on the latest research on how to influence people’s behaviour.

The coalition agreement announced the roll-out of a free, impartial national financial advice service paid for by the financial services industry. The service will be fully rolled out by spring next year, providing information and advice on money matters and helping people to understand their options.