Benefit Claimants Sanctions (Required Assessment) Bill

Debate between Conor Burns and Mims Davies

2nd reading: House of Commons
Friday 2nd December 2016 Commons Chamber

[Conor Burns]

The hon. Lady raises an individual case; we all have individual cases in our constituencies where the system has let people down. That is why it is absolutely appropriate that there is a full independent appeals process to correct it when it goes wrong. I would extend, through the hon. Lady, our sympathy to that gentleman; the system clearly did not work for him on that occasion. But that is why it is important that we have this continuous process of listening and improvement; that is how systems are improved.

Between October and December 2015, in terms of employment and support allowance sanctioning, the Government made significant improvements in communications between decision makers and Work programme providers to ensure that claimants received relevant safeguarding activities and reduced the risk of inappropriate sanctions.

In November 2015 the Government re-introduced automated sanction notifications for jobseeker’s allowance and ESA. In December 2015 the Government issued supplementary vulnerability guidance to work coaches in Jobcentre Plus, which includes how conditionality can be tailored for vulnerable claimants to take account of individual circumstances.

[Mims Davies (Eastleigh) (Con)]

I am appalled by some of the cases I have heard mentioned in the Chamber today. Many of the cases in which I have had to intervene have been where parents have not been involved in the processes, and where perhaps younger or vulnerable people have not had support. That is where we and the processes have intervened, and it has worked for them. I have found it very difficult to hear from Opposition Members of cases where people have been in such peril, in circumstances similar to those in which I have been able to intervene and make a difference to people’s lives by working with parents, those who care for people who are vulnerable and those who are helping the claimants.

[Conor Burns]

My hon. Friend makes a powerful point and highlights the fact that, as Members of Parliament, we can be powerful advocates for people who sometimes slip through the cracks. She also makes—if I may say so, in a spirit of cross-party consensus—the interesting point that compassion is not resident in only one part of this Chamber. All Members who come to this House to serve, come to do their very best for the constituents who elected them.

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[Conor Burns]

The Minister is hearing these points being made, and he will give both hon. Members a clear answer on the Government’s policy in due course.

I shall now move on to the eighth stage of the process that needs to be gone through before a sanction is applied. If a claimant requests more information about the decision, an explanation will be given by the jobcentre or contact centre. When a claimant makes such a request, they are contacted by a decision maker and a full, detailed explanation is provided.

In the ninth stage, if the claimant disputes or challenges the decision, a decision maker will have the case, and any additional information provided by the claimant, reviewed. If the decision is overturned, notification is issued to the claimant and arrears of benefit paid. If the decision is not overturned, the case is referred to the dispute resolution team for a full mandatory reconsideration.

In the tenth step, following a request for a mandatory reconsideration, the original decision will be looked at again, taking into account any additional information provided by the claimant. A mandatory reconsideration notice will be sent to the claimant to notify them of the outcome. The letter also includes information on how to appeal against the decision. One of the points the hon. Member for Paisley and Renfrewshire South makes is that sanctions are causing people to become impoverished and that they ostensibly disregard their situation and position, yet claimants who are sanctioned can apply for hardship payments equivalent to 60% of their normal benefit payment. JSA claimants who are seriously ill or pregnant can receive 80% if they qualify for hardship payments.

[Mims Davies]

If I read this correctly, the hon. Member for Paisley and Renfrewshire South is talking about assessing and then reassessing after sanctions, to ensure that no one falls through the gaps and to formalise the process and create consistency. Does my hon. Friend agree that the biggest difficulty is in striking a balance between achieving consistency in a fair and structured system and being able to assess each claimant individually based on their needs?

[Conor Burns]

My hon. Friend is absolutely correct. Indeed, the Government are constantly listening and adapting the system to improve it. We heard a lot from Opposition Members about people on JSA being categorised as vulnerable, but, as the Secretary of State announced recently, the Government are extending the list of vulnerable groups to include those with mental health conditions and those who are homeless. This will mean that they can receive hardship payments from day one of their sanction. The Government have also accelerated the process of considering hardship payments so that they are now paid within three days.