Housing Benefit (Under-occupancy Penalty)

Greg Mulholland Excerpts

Wednesday 27th February 2013 Commons Chamber

[Steve Webb]

I can see the attraction of that approach, and I think there is a balance to be struck. The attraction of the approach for foster families would be that the size criteria could be defined and then categories of people such as a couple, teenage children and so forth could be added to the list. We could say that a bedroom used for a foster child is a bedroom, so no deduction applies, people do not need to go to the council for the DHPs and the Department for Work and Pensions rather than the local authority would meet the bill. That is one way of doing things.

The challenge for us in that approach is defining in Whitehall all the categories of people who ought to have a room. There could be difficulties even within a category, as there might be foster carers, for example, for whom this is more or less of an issue. It could vary from case to case. We have to make the judgment: where do we need to make a blanket exemption or a blanket entitlement to a room, and where do we say that we will give the local authorities money and discretion? Each side of the argument has its attractions. We have to ensure that the money we have given to local authorities is well spent and that people know it is coming.

I have been interviewed on various television programmes, which have featured case studies of people who were obviously distressed—and I do not doubt that some people are distressed by this change. Obviously, however, if they approached their local authority, they would not be affected by it. That is the issue. They would go to their local authority, which has been given money to help them; the authority would help them, so they would not be affected. My right hon. Friend the Member for Bermondsey and Old Southwark and the hon. Member for Aberdeen South (Dame Anne Begg) are right that we must ensure that people are not unduly alarmed, as in many cases money is available to help the most vulnerable.

[Greg Mulholland (Leeds North West) (LD)]

Does my hon. Friend think that the guidance to local authorities on how they should target the discretionary fund and discretionary housing payments has been sufficient?

--- Later in debate ---

[Greg Mulholland (Leeds North West) (LD)]

The policy under discussion has clearly led to much debate and concern, some of which has been based on misunderstanding and misinformation, and some of which has been based on people’s fears about the changes that they will have to face in April.

No one in the House could argue with the idea behind this policy, which is to deal with the fact that there are people in social housing who have more rooms than they need. The Government have said that 1 million spare bedrooms are having to be subsidised by other taxpayers, but the nub of the issue is the disagreement about whether all those bedrooms are really spare rooms.

--- Later in debate ---

[Mr Russell Brown]

rose—

[Greg Mulholland]

I do not think that the Government have got it right, and I ask them to address the issue compassionately and with common sense, not only through the application of discretionary housing payments, which are essential and welcome, but through the provision of further exemptions for certain categories.

[Sheila Gilmore]

I welcome some of the hon. Gentleman’s approach, but he appears to be proceeding on the basis that the measure is about making better use of housing in a planned way. However, the Minister has made it very clear that it is about saving money.

[Greg Mulholland]

It is clearly about both things at the same time. Were it not about both, the Government would not be pursuing it. Were it not for the fact that the measure will save money, it simply would not have been put forward and no Member on the Government side of the House would have been asked to vote for it in any shape or form. That stands in great contrast to the hon. Lady’s Government, who, for over 13 years, dealt with neither point and allowed the problem to be ignored entirely and the welfare budget to get out of control. We have to make difficult decisions. It would be good to hear—

[Sheila Gilmore]

rose—

[Greg Mulholland]

I will not give way to the hon. Lady again, but I will give way to the hon. Member for Dumfries and Galloway (Mr Brown) if he still wishes to intervene.

[Mr Russell Brown]

Will the hon. Gentleman clarify something for me? There is much talk about 1 million empty bedrooms, but there is some confusion about that. Are we talking about 1 million empty bedrooms in households that exclude pensioners, or would pensioner households create 1 million-plus empty bedrooms? Are we talking solely about households excluding pensioners?

[Greg Mulholland]

As the hon. Gentleman has clearly heard, it is the former. I hope that is clear.

The simple reality is that the social housing sector has an exemption in this regard that the private rented sector does not have. It is important to remember that in April 2008, when I sat on the Opposition side of the House, the previous Labour Government introduced the local housing allowance. I was a member of the Work and Pensions Committee at the time and know that it was not an entirely controversial measure, as Opposition Members will remember. We scrutinised it and raised concerns, but the then Labour Government were absolutely clear that local housing allowance would and should depend not only on the maximum rent allowed for properties in the area, but specifically on the number of rooms a tenant needed.

Again, the principle behind bringing this measure into the social housing sector is reasonable, and it would be helpful if the Opposition at least acknowledged that and said that they wish to assist and encourage people who are over-occupying and have more bedrooms than their family need to seek alternative accommodation in order to free up those properties. We all know from our huge case loads that that is needed. We can blame the previous Government and the Government before them for simply not building enough and for the absurdity of allowing the right to buy a council house without then building more to replace them. Those are things that this Government have committed finally to addressing.

[Mr Jim Cunningham]

The previous Labour Government, like Governments before them, always had difficulty with the issue that the hon. Gentleman has just mentioned, but the difference is that what his Front Benchers are proposing is a benefit cut.

[Greg Mulholland]

I am not quite sure what relevance that adds to the point I was making. Again, the hon. Gentleman’s Front Benchers were committed to benefit cuts in their 2010 manifesto, which they seem conveniently to have forgotten.

As I have said, I do not believe that the Government currently have the policy right. I have told the Minister of State, Department for Work and Pensions, my hon. Friend the Member for Thornbury and Yate (Steve Webb), and other Ministers and colleagues that I believe that other exemptions should be included. Let us remind ourselves who the current exemptions are for: those of pensionable age; those in local housing shared ownership; those in temporary housing; the recently bereaved, who have protection for 52 weeks; and those who are provided with overnight care by an unpaid carer. I firmly believe that there should be other exemptions, as I said when the Bill was going through the House. We were unsuccessful in achieving any of our proposed amendments, which is why I did not support the Bill at the time. I made it clear that I could not support the policy as it stood then, and I cannot support it as it stands now.

Let me explain the other exemptions that I believe should be included. First, if it is deemed that two partners have to sleep in separate rooms for medical reasons or because of a disability, clearly they should be exempt. Similarly, if a child with a disability is deemed to require a separate room, they, too, should be exempt. Social housing plays a different role in the housing mix and is there, in particular, to support families in that situation who also have a low income. Of course, that would help with the current issue over the Court of Appeal ruling. The easiest thing for the Government to do would be to accept those exemptions.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

I am listening to the hon. Gentleman carefully. Obviously, I would prefer that this change was not happening at all. While he is on the subject of possible exemptions, does he agree that foster parents should also be exempt? When I raised that with the Minister at Work and Pensions questions, he talked about a discretionary fund, but foster parents in my constituency have told me that, because of the uncertain future, they might be put off continuing to foster. Would it not be much better if foster parents whose spare rooms are not a luxury but used to care for children who would otherwise probably be cared for at greater cost to the public purse were also exempt?

[Greg Mulholland]

The hon. Gentleman pre-empts what I was about to say, because the next thing on my list is foster carers who are in between children to be cared for. Much of the criticism of the Government has been unfair and party political, which is in the nature of democratic politics, but the principle behind this measure, as I have said, is reasonable. We need to try to address the issue because of the housing crisis we face and to enable families living in seriously overcrowded accommodation to find appropriate housing. However, it is important that the Government do not undermine other key objectives, and clearly one of those is placing more children with foster families and encouraging more people to foster. I am afraid that that is what the measure, without the exemption, threatens to do.

The other category that I believe should be exempted is families who have sadly split up because the parents have separated, which is always difficult for every member of the family. In the majority of cases, the father is the non-resident parent and the parent without care. Whether they have their child for three days a week or two days a month, for example, is in many cases not determined by them; it is often imposed and has to be accepted even though the non-resident parent would like their child to stay with them more often. The parent wants to ensure that when their child stays they feel that it is also their home.

We talk about broken homes, but in reality we are talking about a family with two homes, or in many cases we are talking about two families. It is therefore perfectly reasonable for the non-resident parent to maintain a bedroom and keep it for their child, with their things in it, so that when they come to stay they know they are staying with their other parent, at their other home and in their other bedroom. I think that is very important. Of course, child benefit is paid to the parent with care, so there can be serious financial pressures on the non-resident parent, who still has to feed the child, possibly for up to three nights a week, and indeed they also want to be able to contribute by buying things for them.

My message to my hon. Friend the Minister is please to look at these things again. He is absolutely right that there must be room for discretion, and some of that should rightly be exercised locally.

[Ian Lavery (Wansbeck) (Lab)]

Does the hon. Gentleman think that the outrageous advice given by DWP Ministers to vulnerable and disabled people that they should take in lodgers—people off the streets—simply to remain in their own properties is a good and sound idea that will not cause massive problems?

[Greg Mulholland]

In certain cases people have the choice of taking in a lodger in order to enable someone else from their family to live there. However, my point is that there should be clear exemptions based on a clear medical need for a separate room, and if people have those exemptions, that discussion is no longer necessary.

If the exemptions that should be in place are there, the question of where local discretion should be used becomes discretionary rather than a set of difficult choices. Discretion should be used, for example, in the case of properties that have been adapted on the basis of a certain need.

[Wayne David (Caerphilly) (Lab)]

Will the hon. Gentleman give way?

[Greg Mulholland]

Very quickly, although I want to make progress.

[Wayne David]

The discretionary payment is for disabled people who have properties that are adapted, but many of them do not live in properties that have been adapted, so they are excluded. Does the hon. Gentleman share my concern about that?

[Greg Mulholland]

I have made it clear that the exemption needs to be a straightforward one for people who need a separate bedroom because of their disability. Again, if that is in place, we do not need to have this discussion, and then we have to look at whether the adaption should qualify.

Similarly, there is local discretion if a bedroom is clearly needed for storage of medical equipment for a child with a particularly severe disability, for example. Discretion can also be applied for people with certain mental health conditions—something that can be far better assessed locally than it possibly could be through legislation.

The people who know best about local issues and problems with housing stock are those in the local authorities and housing associations. In some areas, local authorities and housing associations have been keen to place people in accommodation that has been very hard to let. They will often put, say, single people or couples into a two or three-bedroom property in what has been deemed a difficult-to-let area, and so they end up under-occupying. It becomes ironic if someone then has to move away from that area, leaving the property lying empty. The discretion should be intended precisely to deal with that kind of knowledge of each different local housing issue.

[Mrs McGuire]

Given the list of suggestions that the hon. Gentleman has identified, I can do nothing other than agree with the main thrust of his argument. Does he think that the discretionary payment that the Government have allocated is adequate to meet even his list of exemptions, which is not exhaustive?

[Greg Mulholland]

We need to have the further exemptions that I have mentioned so that we are clear that discretion is just that, rather than for dealing with large categories of people whom many of us believe should be exempted in the first place. We can divide up the amount put forward by the Government, which is a significant sum, but it needs to be targeted at the types of matters that I have specified, and it has to be discretionary. That is why it is essential that we have the further exemptions or give councils the choice.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

rose—

[Greg Mulholland]

I am conscious that other hon. Members want to speak, but I will give way.

[Cathy Jamieson]

I thank the hon. Gentleman; he has been very generous. Does he accept that many people are worried because they will not be able to apply for the exemption until the scheme kicks in, so by the time they are assessed they will have potentially built up rent arrears?

[Greg Mulholland]

That is not my understanding. I am encouraging people to contact their councils now, and that is the message that each and every one of us should send out. There is clearly an information problem that needs to be dealt with, because people should be applying for these exemptions now. I am encouraging them to do so, and some in my area already have.

To ensure that this policy succeeds in its twin objectives of bringing down the cost of the welfare budget and freeing up homes, it is important to allow the discretion so that people should be subject to paying the additional sum only if they have turned down reasonable smaller accommodation—because in many areas there are not enough one-bedroom properties around. Members from rural constituencies have expressed concern about people potentially being moved great distances to a house, taking them away from their communities. Again, there needs to be local discretion, and it applies even in urban areas. For example, someone in the north of Leeds, in Yeadon or in Otley in my constituency, might be asked to move right to the other side of the city. There are factors that need reasonably to be considered as part of local discretion: for example, if the person is in work and receiving housing benefit and does not have a car, it can be very difficult for them to get to work, or they may need family support for caring, for child care responsibilities or in relation to schooling.

I hope that I have made it clear that I fully support the Government’s desire to tackle the spiralling cost of welfare benefits and the reasonable and sensible measures that they have proposed that are designed to do that. I fully support their policy thrust of making sure that our welfare system is properly focused on those who most need it. The same should apply to our social housing sector. There are difficult decisions for all parties in making sure that social housing is being used by the most vulnerable and the poorest in our society, because at the moment it is not being used in that way.

On this occasion, I have to say to my hon. Friend the Minister that I will abstain on the motion because, as this policy stands, I still feel that it does not pass all the tests that the Government have rightly set themselves. I urge my hon. Friend, the Secretary of State and colleagues to look at it again. They should look very seriously at what further exemptions could be introduced to deal with the remaining issues. They should also make sure that they bring forward a full and proper programme of review so that as the policy goes forward it can be reviewed to see whether it is doing what it set out to do and is not leading to unfair and unforeseen consequences, in which case they would have to make changes further down the line. I urge them to look at the measure again now, before it is introduced, to see what can be done to show people that it is about improving the system so that it is aimed at bringing down the cost of the welfare budget and positively trying to deal with the problem of overcrowding in which many families find themselves.