Benefit Claimants Sanctions (Required Assessment) Bill

Debate between Damian Hinds and Mhairi Black

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

[The Minister for Employment (Damian Hinds)]

This is an important debate today. I am very grateful to the hon. Member for Paisley and Renfrewshire South (Mhairi Black) for bringing these matters to the Floor of the House for further discussion. I do have very comprehensive responses to the individual line items of the Bill, and it is important that they get an airing, but, because of the way that the debate has gone, there will not be time today to go through them all. I thank my hon. Friends who pulled off the Speaker’s list in order to allow a small amount of time for a Government contribution to this debate. I look forward to speaking to those points when the hon. Lady brings her Bill back to the Floor of the House in due course.

The hon. Lady set the pace today with a very comprehensive and passionate one-hour-and-15 minute speech in which she covered a great deal of the aspect of this debate. As I have said, these are important matters, and it was important that they were brought here today.

We also heard from the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) who speaks for the Opposition. I was not entirely clear, at the end of her speech, where we stood on Labour party policy as regards sanctions, but doubtless we will hear more on that in due course.

We heard from the hon. Member for Angus (Mike Weir), who I believe is a member of the SNP Whips Office, but nevertheless spoke for 15 minutes on a day when his colleague had a private Member’s Bill to introduce. We also heard from the hon. Member for Glasgow North East (Anne McLaughlin) at some length.

I thank my hon. Friends on the Government Benches for their contributions to the debate, including my hon. Friends the Members for Mid Dorset and North Poole (Michael Tomlinson), for Louth and Horncastle (Victoria Atkins) and for Torbay (Kevin Foster). We also heard speeches from my hon. Friend the Member for Bournemouth West (Conor Burns), who reminded us of the centrality of the taxpayer in this equation. My hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer) talked about the benefits of work, and reminded us that sanctions should be used as a last resort. My hon. Friend the Member for Faversham and Mid Kent (Helen Whately) talked about the importance not only of getting people into work, but of getting people closer to the labour market. She thanked the jobcentre staff in Maidstone and Sittingbourne. My hon. Friend the Member for Eastleigh (Mims Davies) not only thanked her local jobcentre staff, but reminded us of the important work done by all our caseworkers and, in fact, of the importance of casework itself in informing these debates. That is a particular strength of our parliamentary system.

There is much in the Bill that has logic to it and that would, all else being equal, be attractive from a public policy perspective, but I hope to reassure her today that much of what she is calling for is, in practice, already done, while other aspects are achieved in different ways.

[Mhairi Black]

rose—

[Damian Hinds]

The hon. Lady will have to forgive me. She spoke for one hour and 15 minutes, and I have very little time. I am obviously not going to be able to get through all the contents of her Bill in the time available, but I hope she will allow me to begin.

Successive Governments have recognised the key role that sanctions have in the benefits system to encourage people to comply with conditions that will help them move into or closer to work. Much work has been undertaken to ensure all those claiming are clear about their responsibilities when claiming benefits and about the potential impact on their benefits if they fail without good reason to complete a requirement they have agreed to undertake.

Imposing a sanction is not done lightly. We invite those facing a sanction to explain exactly why they failed to meet the requirement, and we take all the circumstances into account to determine whether the requirement was reasonable for that individual and whether they had good reason for not meeting it. We do this in each case, and the proposals in the Bill present nothing new in that regard. Indeed, we have removed references in legislation to what constitutes good cause or good reason precisely to ensure that those making decisions can consider every aspect of an individual’s circumstances, not just those prescribed in a list. It would be a step back to return to having that in legislation.

We are confident that the training and guidance available to decision makers give them the tools to make fair and robust decisions. We have a well-established system of hardship provision for claimants—provision that can be accessed by those who are sanctioned. Where a claimant demonstrates they cannot meet their immediate and most essential needs, they can apply for a hardship payment. We tell claimants regularly about the availability of hardship payments, and we have worked hard to ensure that payments are paid within three days. Work coaches identify claimants they feel would be considered vulnerable for hardship purposes and, where a sanction is imposed, they contact them to instigate the hardship process straightaway.

Not only is our approach to sanctioning claimants considered and fair, but it is a key factor in improving the employment rate and curtailing unemployment. The Department invests significant resource to help people move quickly into employment. As a result, employment, as the hon. Member for Paisley and Renfrewshire South will know, is up by 2.75 million since 2010, with the number of workless households at a record low.

Evidence shows that sanctions can have a positive effect on behaviour. In “The Jobcentre Plus Offer: Final evaluation report”, published in November 2013, it was noted that 70% of JSA, and over 60% of ESA, claimants say that sanctions make it more likely they will follow the rules. The recent “Universal Credit at Work” evaluation, from December last year, found that 76% of claimants felt that the potential for universal credit to be stopped or reduced encouraged them to meet their conditions. The same report demonstrates that 72% of claimants agreed that the potential for sanctions meant they were more likely to look for, or take steps to prepare for, work.

In addition, qualitative research found that people perceived the claimant commitment as critical to the upkeep of their claim. They were generally very clear about the time they were required to spend on job-search activity and the need for them to evidence this, and about the fact not fulfilling their requirements could result in a sanction.

If I may, I will start to go through the elements of the Bill. The Bill seeks to amend sections of the Welfare Reform Act 2012 concerning the claimant commitment and sanctions, to introduce measures to check a claimant’s circumstances prior to a sanction being considered. A significant proportion of the measures proposed in the Bill are measures the Department already undertakes through guidance. For example, the Department ensures that health issues, caring responsibilities and homelessness are noted and taken into account when dealing with claimants. We ensure work-related requirements are fully explained when they are set, as well as the action the claimant should take if they fail to complete the requirement, and the potential impact on their benefit if they do not. The fact that the claimant’s circumstances and any information provided by them are considered before a sanction is imposed should also be acknowledged.

A huge amount of work has been undertaken following recommendations from the Work and Pensions Committee and, as has been referenced by a number of my hon. Friends, from Matthew Oakley’s review of benefit sanctions, to ensure that our staff, when setting requirements for benefit claimants, do so reasonably. That is especially true, of course, of claimants who are identified as having complex needs or who require additional support to enable them to access DWP benefits and to use DWP services.

In addition, we ensure that claimants are advised about their conditionality requirements and about the associated consequences if they fail to meet them. At the point of the claim, staff clearly explain to claimants what they have to do and what will happen if they fail to do it. This is followed up in writing with the claimant commitment documentation. We ensure all appointment notifications and notifications to participate in mandatory programmes also include these requirements clearly in writing.

Turning to the contents of the Bill, clause 1—