Local Government Finance Bill

Clive Betts Excerpts

Tuesday 31st January 2012 Commons Chamber

[Mr Clive Betts (Sheffield South East) (Lab)]

I support the amendments of my right hon. Friend the Member for Greenwich and Woolwich (Mr Raynsford), and I also agree with what he said. Amendment 85 stands in my name and seeks to achieve similar ends to my right hon. Friend’s amendment 79 and consequent amendments. My amendment seeks to localise council tax on the basis that local authorities will have the same amount of money in 2013 as in 2012-13, so that we have a consistent base from which to develop and implement the new scheme.

I am in favour of localising council benefits and of not incorporating the reduction scheme into the universal credit scheme. I know that there are differences of view on that even within parties, but linking council tax benefits with the term “benefit” has discouraged many people from applying for something to which they are entitled. In the previous Parliament, the Select Committee conducted an inquiry into the council tax benefit system and suggested that it should, perhaps, be renamed precisely because the word “benefit” discouraged some people—especially those who applied for nothing else and who were not entitled to anything else—from applying for it. After all, it has one of the lowest take-ups of any benefit, particularly among pensioners. Often, they are forgoing merely £2, £3 or £4 a week, but that can be a relatively important sum for people on relatively low incomes.

As I have said, I support the introduction of this reduction scheme and its both being clearly outside universal credit and being linked to council tax in such a way that people pay a reduced amount of that tax. I should point out that earlier today the Minister defended the imposition of an unwanted referendum for local mayors in Sheffield by his Lib Dem colleagues on the city’s council, yet he will now extol the benefits of council tax. That is a somewhat different position from the one he would have adopted only a few months ago.

Although there is general support for the Government’s proposed change, there is also a problem. If one of the aspirations of renaming the council tax benefit as the council tax reduction is to encourage more people to take it up, the consequences for local government are clear. Previously if councillors had gone out on a publicity drive to improve the take-up of what is currently known as this benefit, central Government would have paid for that. Furthermore, if more people take up the benefit—or reduction—there is a cost in that that also fully falls on local authorities. That is a perverse impact of the Government’s proposal.

[Mr Graham Stuart (Beverley and Holderness) (Con)]

Will the hon. Gentleman confirm my understanding that in a rural coastal area such as the one I represent, which has a high number of elderly people and quite a low take-up of this benefit, if there is a big increase in take-up and there is protection for the elderly, the impact on the council or on the other people entitled to the benefit would be rather large and profound?

[Mr Betts]

I could not have put it better myself; that is precisely right—there will be a perverse incentive. If a council gets the older people who are entitled to claim to do so in greater numbers, other council services will be cut, council tax might increase at some point or, if no more money is spent on the scheme, the benefits of people who are not pensioners will be affected. That is precisely the point.

The problem is not with the Government’s attempt to rebadge the scheme or to localise it, but with the 10% reduction at the beginning, all in one go, and the way in which the Government have framed the restrictions on the extent to which local authorities can implement the reduction. Local authorities can always find extra money to increase the cost of the scheme, but is the Minister really suggesting that it will be possible for any local authority in the current circumstances to find extra resources at a time when services all round are being cut for reasons we all know about?

The 10% restriction or cut in the available Government funding comes in from day one in 2013. Pensioners are going to be protected, and no one in the Opposition is going to argue about protecting pensioners because we want to increase the number of pensioners taking up their entitlements, but that obviously means that the 10% reduction will fall on other people who claim the reduction. That is self-evident. I asked the Minister about this yesterday, because the Local Government Association has kindly put forward the information that about half those claiming the benefit are pensioners, which means that half are not pensioners. So if pensioners are protected, that means a reduction of about 20% for other claimants, does it not?

[Andrew Gwynne]

My hon. Friend makes an excellent point. Is it not worrying that if one section of society is to be prioritised, another, very needy, section is to be penalised, and does not that place councils in the very tough position of deciding who are the deserving poor and who are not?

[Mr Betts]

Absolutely. We are told that vulnerable people—perhaps people on very low incomes with children—are going to be protected, or have to be protected, by councils under the scheme, but are they going to be or not? Are the Government going to insist on that? We are not quite sure. We are told that local authorities have to take account of the tapers under universal credit, but what does that mean? Are they obliged to respect completely the 65% taper element within universal credit or not? If so, will that mean that a smaller and smaller number of people will have the totality of the cuts in benefits imposed on them? That is the reality. Will the Government explain what they think is going to happen?

[Mr Kevan Jones]

Does my hon. Friend agree that one problem that the Government seem to ignore is that a lot of the people affected will not be on benefits but will be in low-paid work and that this will be a disincentive for them to work?

[Mr Betts]

Of course it will, unless the Government are saying that those people should be exempt as well. To what extent will councils be obliged to take account of the tapers in universal credit in the system they devise? Will Ministers give a clear answer on that? If councils have to take account of it, full stop, that will really throw the onus back on attacking benefits and on reductions for the unemployed. Is that the situation? Is that what Ministers are trying to achieve?

The LGA has done some calculations to the best of its knowledge and information. It says that because of the exemptions for pensioners and others for whom the Government say local authorities cannot make reductions under the scheme, those who are left whose benefits can be reduced—the 1.3 million claimants out of the 5 million who currently claim—will lose, on average, £320 each a year. That is £6 a week being lost by people who are already on low incomes—that is why they are claiming benefits in the first place. That will be on top of any other benefit losses from any other benefit reductions the Government intend. Have the Government analysed whether that £320 figure is right? Do they contest it?

[Mr Mike Hancock]

The information from the LGA is very helpful, but it is an average. In some areas, the cut will be far worse than £6 a week because the number of pensioners and others who are protected will be greater. In some local authority areas in my constituency, people could lose upwards of £10 a week.

[Mr Betts]

The hon. Gentleman is absolutely right—the figure of £320 a year or £6 a week is an average, and there will be people who lose significantly more than that. Have the Government done any calculations to show whether the LGA figure is right or wrong? If it is wrong, will they tell us what they believe the correct figure to be? Have they done any analysis regarding the multiple withdrawal of benefits and situations when the council tax benefit reductions that come as a result of this scheme are laid on top of any other benefit reductions that hit the same families? Have they done any calculations of the total losses that such families may face?

My right hon. Friend the Member for Wentworth and Dearne (John Healey) was absolutely right the other day when he said that local authorities are getting a hospital pass here. They are getting a Government scheme with complications, in terms of the totality of the financial arrangements, of which most people will have no understanding. All that people will see is that their council’s scheme will impose cuts in their benefits. It will be councils that get the blame, and no doubt that is where Ministers will firmly put the blame, but it will be grossly and totally unfair.

Another problem is the time scales involved, as my right hon. Friend the Member for Greenwich and Woolwich has pointed out. Local authorities will not be able to work at this over a period of time. They have just over 12 months in which to consult on a new scheme, introduce it and explain it to people in their area. There is also the issue of the technology that will come with it, and we know that the technology in new systems being brought in quickly has a habit of going wrong. So not only will many people be faced with the abrupt introduction of these changes affecting their income overnight, but there will be major failings in service delivery as systems do not deliver on time and people end up without any benefit at all.

[Mr Graham Stuart]

I am grateful to the hon. Gentleman for giving way again, as I have to leave the Chamber in a moment to meet the chairman of the Commission for Rural Communities. People in rural areas earn on average less than people in urban areas, pay £100 a head more in council tax and see urban areas getting 50% more in central Government grant than rural areas. There is also a higher average age of population in rural areas, so the impact on the rural poor of further skewing could be particularly profound. Will the hon. Gentleman comment on that?

[Mr Betts]

I do not want to get into a debate about whether people in rural areas or urban areas suffer most. The reality is that people throughout the country are likely to suffer and that it will be councils, whether they are Conservative councils in rural areas or Labour councils in metropolitan areas, that get the blame, but it will not be the fault of local councillors, whichever party they represent.

Coming back to my point about speed, I say to the Minister that this is an accident waiting to happen. Some of us have been through significant benefit changes before. When Sheffield outsourced its benefits administration to Capita a few years ago there was complete chaos for 18 months. Some of us have experienced elderly people coming into our surgeries and breaking down in tears because although they have always paid their bills on time they have been unable to do so owing to the fact that their benefit application had not been dealt with appropriately. That is what will happen in the rush that the Government are embarking on. Some councils will get it right but others’ systems will fail because of the speed at which this is being done.

[Oliver Heald (North East Hertfordshire) (Con)]

Will the hon. Gentleman amplify his comments about universal credit, because I understood that with universal credit as someone went into work the taper arrangements were such that they would always be considerably better off than they were on benefits? If that is the case and those taper arrangements are to be respected by councils, surely he is wrong to say that people who are just over the limit—those who are in work and on the lowest levels of income—will be worse off.

[Mr Betts]

I am sure the Minister is far better able than I am to explain, because it was his consultation and his response that I have been trying to read. I understand that the council tax reduction scheme is separate from universal credit. The Government do not want withdrawal of council tax reduction as people get into work to affect their income as they earn more to the extent that it increases the tapers by 65% in total and therefore undermines the principle of universal credit. The Government intend the council tax reduction scheme to have regard to that, so it is likely that it will not be possible for the changes to the scheme—the worsening of the scheme—to affect people in work. More of the change and reductions in the benefits available will therefore hit non-working people of non-pensionable age. That is the explanation of the Government’s position, I think, but it would be helpful if Ministers set out their understanding.

[Alison Seabeck (Plymouth, Moor View) (Lab)]

It was interesting to hear my hon. Friend mention Capita, which was at the wrong end of the car crash of IT failings in Sheffield. Capita has stated publicly that it has concerns about this proposal and the speed at which it is being pushed forward. I am sure my hon. Friend will reinforce those concerns in his questions to Ministers.

[Mr Betts]

Absolutely. Anyone involved in developing a new system, consulting on it, explaining it and getting the technology right will have real concerns. I just hope that Ministers listen to local councils and the LGA and are prepared to say, even if they go ahead with this flawed scheme, that they will at least delay it by another year, to allow time for further thought to be given to producing a scheme that might deliver without the problems that I have identified arising.

--- Later in debate ---

[The Temporary Chair (Mr Edward Leigh)]

Order. We are in danger of straying into the next group. Please keep in order, Mr Betts.

[Mr Betts]

My right hon. Friend is right to say that the time scale is incredibly tight and there are so many potential problems associated with the measure that Ministers really ought to think them through. In the end, the problems will be created not for councils, but for people on low incomes who need benefits simply to sustain themselves. They are the ones who will be damaged if this is got wrong.

Altering the responsibility for any future changes in the number of people claiming council tax reductions is a fundamental shift. Now, if more people claim the reductions, the Government pick up the bill; in future, councils will. The present arrangements, with the Government picking up the bill, make council tax revenue very stable for local authorities. One of my criticisms of previous Lib Dem proposals to scrap council tax and introduce local income tax was that it would make local councils’ revenue unstable, putting them at risk in times of recession, as we had in 2008, and undermining their financial base if unemployment rises. That is a real problem.

Some of us went on a parliamentary trip to the United States after the recession. We talked not only to local authorities, but to states whose budgets were cut to shreds by the recession and the associated decline in their income tax and sales tax revenues. They became unstable because they could not borrow for revenue, just as our local authorities cannot. The current compact between central and local government is that although local authorities cannot borrow for revenue, they know that their revenue will be stable. They set their council tax and they know they will receive the money—council tax has a very low rate of non-collection. That is why I understand the amendment tabled by Labour Front Benchers to compensate councils for changing revenue in-year. There is a real risk not only of longer-term instability for councils, especially those in areas that start to experience economic decline because of the collapse of a particular industry and more people therefore claiming reductions, but in the increased uncertainty for councils year on year. Councils will no longer have certainty. If they do not know whether unemployment will rise in their area and they do not know how successful a campaign to persuade more people to take up the reduction scheme will be, councils cannot forecast their revenue with the normal degree of accuracy.

Ministers do not appear to understand that. Until now, there has been a clear system in this country in which councils cannot borrow for revenue, but they can be sure that revenue will come in so they do not have to borrow. They can set their budget for the year with a good degree of certainty. Ministers appear not to have tackled that issue at all. Local government in this country has been absolutely sound and stable throughout all the recent economic difficulties. The proposed scheme introduces an element of doubt at a time of great turbulence in local authority revenues, when grants are being cut and there is great pressure on services. The Government should think carefully before adding this extra potential for loss of revenue—this extra risk—by pursuing the scheme in such a short time scale.

[Mr Robert Syms (Poole) (Con)]

I do not support amendment 79, but think it a useful vehicle for debate on an important subject. In my experience, local government is good at adapting to change, provided that it is given sufficient time to do so. I am sure that local authorities will be able to adapt to the Government’s timetable, but there are many pressures in different areas. First, most authorities are cutting spending; secondly, they will have to grapple with the 10% reduction; and thirdly, the Government have stated clearly that that should not affect pensioners. In an area such as Poole, with a heavy preponderance of pensioners, the burden will fall on a small minority of those claiming that benefit. Fourthly, as most local authorities will have to freeze their council tax, or will freeze it anyway, and have limited balances, they may well err on the side of trying to ensure that they get their figures correct and that there is no cross-subsidy in terms of the benefit falling on the council tax payer. A perverse incentive may arise to make larger reductions in support for the vulnerable than the figures necessarily entail, because authorities do not want to take the risk.

The current system is predictable in the sense that it is running and the Department for Work and Pensions can transfer money equally on a monthly basis. The direction of travel in localisation is fine and I am sure that many local authorities can draw up good schemes, but in year one the new arrangements will not be as predictable. Some authorities will draw up schemes that turn out to be more generous than they thought, and others will draw up schemes that are less generous than expected. Ministers have to consider what will happen when a scheme is got wrong, because as sure as eggs are eggs, there will be one authority that gets its figures substantially wrong and has a problem.

--- Later in debate ---

[Andrew Stunell]

Of course, it would be sensible to debate that matter when we come to the next group of amendments, and I look forward to it. I want to make it clear, however, that the Bill states that if a local authority has failed by 31 January next year to put in place a scheme, by default the existing scheme will continue, and that is what the Secretary of State has the power to ensure happens.

Amendment 85 would require the Government to carry out the new burdens assessment, but we are already committed to doing that. We must be clear that local authorities do the job that they have been set. They have the opportunities to raise money in alternative ways and to devise a scheme that is suitable to their circumstances. As for the administrative cost, we have already made it clear that we will be fully following the new burdens doctrine that this Government have set out. The Government will therefore be working with local authorities to assess the net impact of housing benefit centralisation and the localisation of support for council tax, including the transitional costs, which will be covered, where necessary, by the new burdens doctrine.

[Mr Betts]

The Minister talks about working with local authorities. Presumably the Government have a view about that, despite what they say local authorities might be able to achieve by way of extra revenue generation. He has already admitted that at least a quarter of authorities cannot raise enough money to offset what they have lost under the scheme that we are discussing. Does he therefore accept that non-pensioners in those authorities—which are likely to be the poor authorities, with the highest percentage of people claiming council tax benefit—are going to suffer what the Local Government Association predicts will be cuts of around £6 a week?

[Andrew Stunell]

No, I absolutely do not accept that. The average reduction if local authorities do not put any extra funding into the pot, from any source at all, is £2.64 per household per week. Every local authority—even those that do not have complete recompense of the one pot of money from the other—will still get significant inputs from the discount scheme, which local authorities can, if they choose, take into account. I therefore ask the right hon. Member for Greenwich and Woolwich (Mr Raynsford) to withdraw his amendment, and I ask my hon. Friends to vote against it if he does not.