Welfare Reform and Work Bill (Sixth sitting)

Hannah Bardell Excerpts

Thursday 17th September 2015 Public Bill Committees

[Hannah Bardell (Livingston) (SNP)]

I beg to move amendment 25, in clause 7, page 8, line 32, leave out subsection (2).

This amendment would remove the changes to the benefit cap.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 26, in clause 7, page 8, line 38, leave out “£23,000 or £15,410” and insert “£26,000 or £18,200”.

This amendment would keep the benefit cap level in London at the same rate as today.

Amendment 27, in clause 7, page 8, line 39, leave out “£20,000 or £13,400” and insert “£26,000 or £18,200”.

This amendment would keep the benefit cap level outside London at the same rate as today.

Amendment 71, in clause 7, page 9, line 6, leave out subsection (3).

To retain the current link between the benefit cap and estimated average earnings.

Amendment 38, in clause 7, page 9, line 44, leave out subsection (5).

This amendment is consequential to amendment 25.

[Hannah Bardell]

Our amendments are intended to protect people from the Conservative Government’s dangerous blanket cut to benefits. The clause lowers the benefit cap set by the Welfare Reform Act 2012 and applies it to a large number of benefits. Our group of amendments would remove the new cap and ensure that the original cap remained for inside and outside London, recognising the significantly higher cost of living in London. Amendment 25 would remove the subsection that makes changes to the original 2012 Act, while amendments 26 and 27 would change the wording of the Bill so as to leave the benefit cap in the original Act unchanged. Amendment 38 is consequent on the other amendments.

The original benefit cap in the 2012 Act was introduced so that benefit claims could not exceed average earnings. The Government have not introduced such a rationale for the imposition of the new cap—the rates at which it is to be set are entirely arbitrary. Where did the figures come from? We have no information on that and we cannot understand the rationale. We must remember that the rates are not only numbers or bands, or digits on a piece of paper; those numbers represent a lifeline for hundreds of thousands of people in the UK.

The Government are not only blindly pushing ideologically driven cuts but applying the cuts with entirely arbitrary figures that have no justification. The families to whom the cuts will apply must have answers on where the figures have come from. I and, I am sure, many others have already had a stream of constituents coming to our surgeries to complain about cuts and sanctions that seem nonsensical and that they cannot understand.

Labour’s amendment 71 would maintain the link between the benefit cap and estimated average earnings that the original Act intended. Although we oppose the cap generally, we also oppose removing the link with average earnings and introducing an arbitrary cap, so we support the principle of that amendment. I commend it.

The utterly thoughtless way in which the Government are making the benefit changes is staggering. The breadth of social groups that will be affected and the depth to which they will be affected should make Ministers hang their heads in shame. The burden of the cuts will be felt not only across Scottish and other devolved Administrations, although we are doing our best to protect people, but throughout all parts of the United Kingdom.

The National Housing Federation estimated that under the £23,000 cap in London, families face a shortfall between benefit and rent of £27.79 per week; the weekly shortfall under a £20,000 cap ranges from £37.40 in Yorkshire and Humberside to £67.35 in the south-east, based on the current rent agreement. There is also danger that families and individuals living in temporary accommodation who, by virtue of their situation, are already deemed to be vulnerable by a local authority will no longer be able to manage rent payments and will find themselves homeless once again. We are making some of the most vulnerable in society even more vulnerable.

Some disability-related benefits are to be protected, which is welcome, but countless charities and lobbying groups have pointed out that disabled people and their carers sometimes also rely on a variety of other benefits that are being capped by the Bill. It is not enough to protect a few disability-specific benefits from the cap; the Government need to look at the bigger picture. Again, there does not seem to be any joined-up or strategic thinking behind the cap.

The effects of the cap will also be felt by those who have life-threatening or terminal illnesses and who require care. They and their carers will be subject to the cap. How can we possibly justify capping and cutting support for some of the most vulnerable and ill people in our society?. It seems nonsensical and the Scottish National party is absolutely opposed to it. Not only are the cuts detrimental to the ability of those who are sick and disabled to live independently, but the poverty and debt might lead to even more vulnerability.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Owen. It is also an enormous pleasure to serve on this Committee, to have heard contributions such as that made by my hon. Friend the Member for Stretford and Urmston, who is departing from her current position on the Front Bench, and to hear the passion with which she gave voice to the beating heart of the Labour party and the outrage at how the Bill is being introduced and its extraordinary justification. If anyone ever questions where the Labour party’s heart is, they just need to hear her speech from before lunch.

I wish to speak to amendment 71. According to the Book of Ecclesiastes:

“What has been will be again, what has been done will be done again; there is nothing new under the sun.”

Those words have survived for thousands of years, but could almost have been written yesterday by an author scratching his head over some of the perverse measures in the Bill. I suspect that historians will one day look back on these debates and cite the benefit cap as a classic example of an increasingly prevalent phenomenon in modern politics: a solution without a problem. After all, we have had a household benefit cap for more than two years.

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[Hannah Bardell]

I hear what the Minister is saying about families moving into work, which is good, but does she not accept that the vast majority are on low-paid zero-hours contracts? As we have already debated, she is not willing to put a definition on decent work or even look into having one.

[Priti Patel]

Absolutely not. I do not accept that at all. As we saw yesterday with the employment figures, over the last year, employment has increased by 400,000 and 90% of those jobs are full-time jobs.

The Bill reduces the cap, as we are discussing. Again, it comes back to the principles. Reducing the levels of the cap will reinforce a message that work pays. It brings a degree of fairness but supports the principles of work, and it works alongside what the Government are doing to support individuals to get into work as well.

The new tiered levels also recognise that housing constitutes one of the biggest costs for households. In London, housing benefit awards are, on average, £3,000 a year more than elsewhere in the country. Even in the south-east, as the average housing costs are around only half that of London, we believe that it is right for the cap to take into account those differences. We believe that the new tiered level for the cap will go further to achieve our aims of increasing the incentives to work.

The Bill also removes the current link between the level of the cap and average earnings. Back in 2011, the benefit cap was a new concept. At that time, with no benchmark, average earnings provided a basis by which to set the cap in order to achieve its aim, but times have moved on. We have evaluated the impacts of the cap, and the cap has been proven to work, as I mentioned, in terms of supporting people back into work.

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[Priti Patel]

Thank you, Mr Owen. I heard the hon. Gentleman’s intervention and I know he was touching on local authorities. I will seek clarity on what he was asking and perhaps I will come back to him, if I may, with some details or some further information.

Through clause 8, we are introducing new provisions that require the Secretary of State to take into account the national economic situation and any other matters that they may consider relevant when they review the future level of the cap. The new provisions will allow the cap to be maintained at levels that better support the aims of our welfare reforms, balancing the key aims of strengthening work incentives and promoting fairness between those in work and those in receipt of out-of-work benefits.

That requires a broad assessment of the most significant long-term developments and trends that might affect our economy, which are also important to households up and down the country. Earnings and housing costs are very much a part of that assessment, as are other factors such as inflation, benefit rates, the strength of the labour market and any other matter that may be crucial and relevant at that time. That is why it is important to maintain the new provisions and allow the Secretary of State the ability to consider the context of the cap in a broad and balanced way, without being pinned by any single factor.

Amendment 38 is more of a technical amendment than one that seeks to make any changes to the structure and nature of the cap. It would omit clause 7(5) of the Bill, which omits subsection 97(3) of the Welfare Reform Act 2012. That was the part of the 2012 Act that prescribed the parliamentary procedures under which regulations, made under the benefit cap primary powers, should be subject.

The subsection in question prescribes that the first set of regulations made under section 96 of the 2012 Act should fall under the affirmative parliamentary procedure and so should be subject to debate by each House of Parliament before passing into law. That was the correct thing to do because, as was explained in the debates during the passage of the 2012 Act, the Government’s intention was to provide for a great degree of the structural detail of the cap in secondary legislation. This subsection of the 2012 Act ensured that Parliament would have a full opportunity to debate those detailed plans.

Those debates subsequently took place when the Government introduced the Benefit Cap (Housing Benefit) Regulations 2012, which were debated separately, under the affirmative procedures, in both Houses of Parliament on 6 November 2012. As the undertaking to debate those first regulations has been fulfilled, we considered it opportune to take this chance to remove from the legislation what has now become an obsolete piece of law.

I can assure the Committee that that does not mean that we will take the view that the Secretary of State should not be accountable to Parliament for any future changes to the cap, in particular to its level. Following a review of the cap, if the Secretary of State considers that the level of the cap should be amended, clause 8 provides that they can do so by regulations. It also prescribes that regulations that decrease any of the levels of the cap cannot be made unless they have been debated and approved by each House. Parliament will therefore have a full opportunity to question and debate the rationale for any future reduction in the cap. Increases to the level of the cap will also have to be introduced by regulations, but we believe it is sufficient that they are subject to the negative resolution procedure, and so a debate in the House is not required before an increase can be implemented.

In conclusion, I reiterate that our introduction of the benefit cap has been, first, to support and encourage people to look for work, which is something we will continue to build on. Secondly, introducing a reduced tiered level for the cap will create a greater incentive to work, while ensuring that the impacts of the cap are spread more evenly throughout the country. Thirdly, removing the requirement to base the level of the cap solely on the level of average earnings and replacing it with a broader measure that requires the Secretary of State to take into account the national economic situation will help to ensure that the cap remains at the most appropriate level.

These are important reforms that Members and the public will support. I urge hon. Members to withdraw their amendments.

[Hannah Bardell]

It is fairly simple. The Bill and the changes to the benefit cap are about taking people to the brink and pushing them over the edge into even greater poverty and, worst of all, pushing people who are severely disabled, sick and vulnerable, not to mention hundreds of thousands of children, into even greater poverty.

Our amendments would mitigate the effects of the Government’s reckless blanket cap to benefits and of the changes in the Government’s austerity measures, which are being imposed on Scottish people who did not even vote for this Government. In Scotland, we are already spending £300 million to mitigate the black hole that Westminster created with the bedroom tax. I wonder how the Minister can justify saying that she is protecting some of the most vulnerable and disabled people when even the severe disablement allowance is itself included in the cap. I can only assume that she will be supporting our amendment 34.

Ultimately, lone parents, women and the most vulnerable will be pushed into even greater poverty, which could lead many into further debt, or vulnerable people into developing mental health issues and problems, spiralling into greater problems and leaving them out of work for longer. Surely those are the very people whom we should be supporting and giving the greatest help to, rather than pushing them further over the edge and putting greater pressure on the third sector and charities. I urge all Members to support our amendments.

[Neil Coyle]

rose—

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[Hannah Bardell]

I will be brief, as the hon. Lady has put her argument succinctly and extensively. [Interruption.] I do not have a huge amount to add, so I will keep my powder dry, so to speak. The Scottish National party supports the amendments, which would ensure that some of the most extremely vulnerable groups were not affected by the cap.

Frankly, the cap is a disgrace. The amendments acknowledge that those who claim benefits do so for a variety of reasons, from disability to mental health problems, abuse and homelessness, as well as unemployment. The blanket cap shows that the Government have no recognition of the complex psychological factors that can be wrapped up in what is not always a simple benefits claim. The Government are not thinking about the people, events and experiences that lie behind the figures on paper. The amendments would rightly pick up on those who may be hit the hardest, similar to my party’s own amendments, which we will discuss in the next group.

[The Chair]

Do any Back Benchers wish to speak?

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Division 18

Ayes: 5

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Labour: 3
Scottish National Party: 2

Noes: 10

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Conservative: 9

[Hannah Bardell]

I beg to move amendment 28, in clause 7, page 9, line 9, leave out paragraph (a).

This amendment would remove bereavement allowance from the benefit cap.

[The Chair]

With this, it will be convenient to discuss the following: amendment 29, in clause 7, page 9, line 11, leave out paragraph (b).

This amendment would remove carer’s allowance from the benefit cap.

Amendment 30, in clause 7, page 9, line 13, leave out paragraph (c).

This amendment would remove child benefit from the benefit cap.

Amendment 31, in clause 7, page 9, line 15, leave out paragraph (d).

This amendment would remove child tax credit from the benefit cap.

Amendment 32, in clause 7, page 9, line 21, leave out paragraph (f).

This amendment would remove guardian’s allowance from the benefit cap.

Amendment 76, in clause 7, page 9, line 23, leave out paragraph (g).

This amendment would remove housing benefit from the benefit cap.

Amendment 33, in clause 7, page 9, line 33, leave out paragraph (k).

This amendment would remove maternity allowance from the benefit cap.

Amendment 34, in clause 7, page 9, line 35, leave out paragraph (l).

This amendment would remove severe disablement allowance from the benefit cap.

Amendment 35, in clause 7, page 9, line 38, leave out paragraph (n).

This amendment would remove widow’s pension from the benefit cap.

Amendment 36, in clause 7, page 9, line 40, leave out paragraph (o).

This amendment would remove widowed mother’s allowance from the benefit cap.

Amendment 37, in clause 7, page 9, line 42, leave out paragraph (p).

This amendment would remove widowed parent’s allowance from the benefit cap.

[Hannah Bardell]

With our amendments in this group, we hope to remove some of the most vulnerable groups that will be included in this benefit cap: people on bereavement allowance; people on carer’s allowance; people on child benefit and child tax credit; people on guardian’s allowance; people on maternity allowance; and people on severe disablement allowance. All those people should be excluded from the cap.

Amendment 28 would remove the bereavement allowance from the cap. Bereavement allowance can be a lifeline for those who suffer after the death of a spouse. As well as helping people to cope with the huge amount of emotional distress that that can cause both before and after death, bereavement allowance helps people to get back on their feet and cope with the potential loss of income caused by their spouse’s death. For the same reason, we have tabled amendments 35, 36 and 37, which would remove benefits from the cap that those who have been widowed are entitled to.

Amendment 29 would remove carer’s allowance from the cap, because it is important that carers are not penalised by the benefit cap. Those who dedicate huge proportions of their day to caring for a loved one, regardless of whether they live with them or not, should not be punished by the Government for their selflessness and dedication.

As Carers UK has pointed out, the Government’s welfare policy is trying to incentivise people into work, but many carers are not in a position to work or take on more work without reducing the care that they provide to loved ones. Increasing financial pressure on carers could have an adverse effect on the people they care for, not to mention the potential psychological burdens, and it would put greater pressure on our local authorities and third sector, which are already under significant pressure due to the cut in the block grant to Scotland. Amendments 30 and 31 would remove child tax benefit and child tax credit from the benefit cap, and amendment 32 would remove the guardian’s allowance from the cap.

Just because the Government have decided to abolish the definition of child poverty does not mean that they have abolished the reality of 3.7 million children in the UK living in relative poverty. That number is projected to rise to 4.7 million by 2012 under current Government policies. Capping those benefits will only push into hardship more children who have no ability to do anything about their circumstances. That would have both short-term and long-term effects for their health, emotional wellbeing and educational achievement. In the case of the guardian’s allowance, a child and a guardian who have already had to cope with the death of a loved one must be protected from the burden of financial hardship falling on them, on top of their loss.

Amendment 33 would remove maternity allowance from the cap to ensure that a woman will not be penalised merely because she has decided to have a child. Amendment 44 would remove the severe disablement allowance from the cap. Although we understand this benefit is undergoing a transition, for those who are still receiving it, it provides extra support for those with particularly severe disabilities. Once again, the effect the cap will have on disabled people claiming benefit will be hugely damaging: not simply because of the inclusion of this benefit in the cap, but the inclusion of many benefits that some disabled people rely on to live life independently.

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[Hannah Bardell]

I would like to respond to the hon. Member for Islington South and Finsbury. As she well knows, these amendments are only a compromise on our earlier amendments, on which I am glad that the Labour party was able to join the SNP. The amendments would ring-fence individual benefits, so that those in receipt would be specifically protected to mitigate their circumstances.

I hear what the hon. Lady says about housing, which is a devolved matter. The Scottish Government have met their targets for building affordable housing. This is about progressive politics. We have picked up the mantle and have filled the gap left for us by previous Scottish Administrations and the Westminster Government, and we have driven forward an ambitious house-building programme within our limited financial framework. With all that in mind, I want to press amendments 28 to 37 to a vote.

[The Chair]

I thank the hon. Lady for that forewarning. We will deal with amendment 28 first and then with the rest of the group.

Question put, That the amendment be made.

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[Priti Patel]

I beg to move amendment 91, in clause 8, page 11, line 13, at end insert—

“( ) Section 176 of the Social Security Administration Act 1992 (consultation with representative organisations) does not apply in relation to regulations under subsection (4).”

This amendment provides that regulations that change the level of the benefit cap do not require consultation with local authority associations under section 176(1) of the Social Security.

The amendment aims to replicate a similar provision that has been inserted into clause 7, carrying forward the existing arrangements under which my Department is not required to consult with local authority associations on the commencement of housing benefit regulations, specifically in this case when the revised benefit cap is introduced. Historically, commencement orders have not been consulted on and have not been caught by consultation obligations regarding housing benefit regulations. However, commencement orders in the Bill have been superseded by commencement regulations.

As mentioned, to maintain the status quo, a provision in clause 7 has been inserted into the Bill to remove any new requirement for the Department for Work and Pensions to consult with local authority associations on the commencement regulations for introducing the benefit cap. The amendment inserts a similar provision into clause 8, so that there is no obligation to consult on commencement regulations should the benefit cap be changed in future.

The Committee should be aware that any change to lower the benefit cap will be subject to debate.

[Hannah Bardell]

I would like clarification, if possible. Will the amendment restrict any previous consulting powers that the Government have with Scotland?

[Priti Patel]

I will provide the hon. Lady with full clarification on that point.

Any change to lower the benefit cap will still be subject to debate under the affirmative procedure in both Houses of Parliament.

The Department will continue to liaise with local authority associations to ensure the successful implementation of the new cap and that claimants are fully supported ahead of the introduction from around autumn next year.

Amendment 91 agreed to.

Question put, That the clause, as amended, stand part of the Bill.

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[Damian Hinds]

What we have said is that those in the support group will be exempt, but not those in the work-related activity group. The main rates of working-age benefits are there to provide basic support for claimants who are not in work. Those rates are common across all claimants who receive out-of-work benefits. Introducing new higher rates of payments specifically for disabled people has the potential to discourage claimants from taking steps to get back to work where they can and would introduce significant complication into the system, leading to possible confusion for claimants.

[Hannah Bardell]

The Minister says he is going to be protecting disabled people. Will he explain why people on the severe disablement allowance will be included in the benefit cap? Surely that will make those most vulnerable people even poorer.

[Damian Hinds]

The hon. Lady will forgive me, I know, if we do not talk again at length about the benefit cap. We had a big debate about that in the earlier group of amendments that referred to the benefit cap. I repeat all the exemptions that are being made in the freeze—well, I am not going to repeat them all, but she heard them. There are all the exemptions that the Government are making for those specific benefits and elements of benefits that refer to the additional costs of disability.

The Government are committed to ensuring that disabled people are able to participate absolutely fully in society and have set out their ambition to halve the disability employment gap, which I think is something that Members on both sides of the Committee and the House would agree on.

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[Damian Hinds]

We are debating a group of amendments about a four-year freeze to certain benefits. Do I expect that to be successful in delivering the £3.5 billion that it is projected to? Yes, I do, and it is clearly a mathematical point about the rate of inflation and so on. We have the independent forecasts of how the economy is going to grow and of inflation, and I believe that our measure will deliver.

The Scottish National party amendments replace the freeze and the duty to review with the removal of the freeze altogether. That would remove the certainty we have about legislating directly for a freeze, and move us from the position where we have a clear plan reflecting the electoral mandate of the Government to one where the taxpayer could not be sure, year on year, as to the level of benefits.

Certainty for individuals, to help them plan ahead, is a key feature of the Government’s economic policies. It is also why we have introduced a national living wage, and pre-announced the anticipation that it will rise to £9 an hour by 2020 and the ambition to increase the tax-free personal allowance to £12,500 by the end of the decade. Legislating now to freeze for four years, along with those other measures, provides clarity to benefits recipients, giving them fair notice and the opportunity to make positive changes. Anyone supporting the amendments before us would have to spell out how they would instead give the public that certainty about the level of spend and identify where else they would make cuts.

I turn briefly to new clause 2 on the local housing allowance. The measure announced in the summer Budget to freeze local housing allowance rates for four years will contribute savings of £1 billion towards the Government’s commitment to reduce the welfare bill by the £12 billion I mentioned. It is not included in the Bill, as the Secretary of State already has the powers in primary legislation to change the way in which LHA rates are set. Those powers were included in the Welfare Reform Act 2012.

It may help, however, if I clarify how the freezing of LHA rates will work during the four-year period. The rates will still be reviewed each year and rent officers will calculate, as they have been doing previously, a rate calculated by reference to the 30th percentile value from a list of rents for properties of a given size in that area. Each list of rents must include achieved rental values from the distribution and range within each area. In line with the Government’s measure to freeze rates, they will then set the new LHA rates based on the lower of either the April 2015 rate or the 30th percentile of listed rents. The Government recognise that some areas will see particularly high increases in rents, so we have made specific provision for those areas.

Over the Parliament, 30% of the savings generated from this measure will be used to create more targeted affordability funding, building on the £140 million already distributed since 2014. Alongside that, local authorities are able to provide support to the most vulnerable claimants affected by housing benefit reform through an enhanced package of £800 million of discretionary housing payment funding, which is significantly more than was provided over the previous Parliament.

I reassure hon. Members that, alongside the LHA rates, we will continue to publish, as we have previously, the 30th percentile of market rents in each area. We believe that the freeze to the main rates of the majority of working-age benefits, child benefit and tax credits are a necessary and fair way of putting welfare spending on a more sustainable footing. I urge the hon. Member for Islington South and Finsbury to withdraw the amendment.

[Hannah Bardell]

We will not press our amendments, on the basis that we will be voting against the clause. I would like to make some points on those amendments. The Minister made a point about reducing the deficit. We reject that wholeheartedly. There is a huge amount of academic research that says the austerity agenda is going to fail, and that investing in people and investing in benefits will stimulate the economy. For all those reasons, we categorically reject what he is saying. Our amendments speak to the fact that the benefits system has to keep up with the economic conditions of the country, otherwise we are letting the poorest people down.

The UK Government are proposing to extend the freeze on working-age benefits from two years to four years, which will end in 2020. That would end the link with prices and earnings, effectively cutting the benefits that support those people who are most in need, and ensure that the lowest-income households continue to get poorer over the years between now and 2020. For example, child benefit is projected to lose 28% of its value, according to the Child Poverty Action Group. That will have a devastating impact on child poverty rates in Scotland.