Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012

Lord Freud Excerpts

Monday 27th February 2012 Grand Committee

Moved by

[Lord Freud]

That the Grand Committee do report to the House that it has considered the Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012.

Relevant document: 39th Report from the Joint Committee on Statutory Instruments.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)]

My Lords, the Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012 were laid in draft before the House on 19 January. They are regarded as being compatible with rights under the European Convention on Human Rights and are being introduced so that recipients of jobseeker’s allowance who have been victims of actual or threatened domestic violence can continue to receive jobseeker’s allowance without having to meet the requirements to be available for and actively seek employment, and to have a jobseeker’s agreement. The term “domestic violence” is defined in the regulations and includes physical, psychological, financial, emotional and sexual abuse.

The regulations apply to victims of actual or threatened domestic violence by a partner, former partner or certain family members of the claimant, their partner or former partner, and allow them to access the exemption from the jobseeking conditions for an initial period of four weeks if the incident took place within the 26 weeks before the claimant notifies Jobcentre Plus about it, provided that the claimant is not living at the same address as the perpetrator at the time of the notification. If the claimant then provides written evidence of the kind required by the regulations during the initial four-week period, the easement period will in effect be extended to 13 weeks. Claimants will be able to access the easement only once in any 12-month period.

During debates on the Welfare Reform Act 2009, the Lords requested an automatic 13-week period due to concerns that jobcentre advisers might refuse access to the existing domestic emergency exemption in such cases because they may not understand the impact of domestic abuse on individuals and their children. The domestic emergency deferrals are allowed at the discretion of Jobcentre Plus advisers and allow four one-week periods within 12 months for individual incidents of emergency, such as a death in the family or domestic violence. These four one-week periods can run consecutively, if appropriate. For those with dependent children, one of the weeks may be extended to eight weeks, resulting in a total maximum of 11 weeks’ deferral.

The main differences between the domestic emergency process and the new domestic violence process is the need for evidence in the 13-week deferral and the fact that victims without dependent children receive the same number of weeks’ exemption as those who do not have dependent children. Clearly the domestic emergency exemption also covers a wider range of situations. We would not expect victims of domestic violence to use both exemptions routinely, but the fact that they have an alternative available when they do not want to produce evidence, and in appropriate cases could use both exemptions in order to extend the time they are exempted from the jobseeking conditions, shows how seriously the Government take this issue.

During the debates on the Welfare Reform Bill 2009, noble Lords were concerned about the impact of domestic violence on lone parents with older children as, prior to the introduction of changes to entitlement to income support for lone parents, this group would have claimed income support and not have been required actively to seek work until their youngest child reached the age of 16.

Currently, a lone parent can claim income support only until their youngest child reaches the age of seven and this age is being lowered to five later this year, subject to Royal Assent of relevant provisions in the Welfare Reform Bill and the making of regulations. There is strong evidence to support the amendment. Although no research exists on the impact of domestic violence on JSA recipients in particular, there are data on the incidence of domestic violence in the wider community.

We are aware that 7 per cent of women and 5 per cent of men reported having experienced domestic abuse in 2010-11. This is the equivalent to an estimated 1.2 million female victims of domestic abuse and 800,000 male victims. We also know that non-physical abuse, such as emotional and financial abuse, was the most common type of abuse, with the figures showing around 57 per cent of women and 46 per cent of men being victims. Furthermore, the British Crime Survey 2010-11 showed that three-quarters of all incidents of domestic violence were experienced by previous victims. Of the victims interviewed, just under one-half had been victimised more than once and nearly one-quarter had been victimised three or more times. We are also aware that four out of 10 lone parents reported domestic abuse in their previous relationship.

The proposed exemption is designed to reflect the fact that victims may experience domestic abuse at the hands not just of partners but of other family members. This can include parents and a range of other relatives, including children. This is wider than the group originally envisaged by noble Lords in the original debates in 2009 as the Government recognise that domestic violence is not restricted to those in intimate relationships and believe that support should be offered to those victimised by family members, including members of a partner or a former partner’s family.

For victims on JSA to take advantage of the exemption they would need to disclose the abuse. There is a consensus within the evidence that domestic abuse is underreported and that victims may be unwilling to disclose abuse, particularly to officials. For example, figures from the British Crime Survey 2008-09 show that only 3 per cent of victims have disclosed abuse to a benefits agency. For this reason we think that the exemption may be taken up by about 3,000 JSA claimants per year.

In order to help formulate the policy, the department undertook informal consultations with specialist organisations, such as Women’s Aid and the Child Poverty Action Group. As a result, a number of changes were accepted. These included the first four weeks to be consecutive; all claimants will be able to access this time, if they meet the conditions, without the need to provide evidence. The remaining nine weeks need not be consecutive and can be accessed only on the production of relevant evidence.

Jobcentre Plus will introduce a pro forma for use by victims and organisations who wish to use it; and employers and trade union representatives were added to the list of those eligible to provide evidence. Those consulted expressed concern about imposing limits on the time a claimant can have to obtain evidence and about having a maximum allowable deferral period. This was because research on behaviour in abuse cases shows that victims may take two or three years to leave the abusive relationship permanently, there may be a number of incidents of abuse in that time and the victim may therefore need support over a longer period than 13 weeks.

The Government consider it unacceptable to offer longer periods on jobseeker’s allowance without the need to meet the jobseeking conditions, because JSA must remain a benefit for those able to seek and undertake work. It is therefore necessary to limit the time that claimants can be treated as meeting the jobseeking conditions. Those with problems that cannot be resolved within the 13 weeks of the deferral may be able to be treated as available for and actively seeking employment for up to a further 11 weeks under the procedures for claimants experiencing domestic emergencies. The Government consider that anyone who is not able to undertake jobseeking activity after the maximum periods that these two deferral periods allow should not be eligible for JSA.

Although the easement has much to commend it, thanks in large part to the research and consultation that have been undertaken since the introduction of the easement under the Welfare Reform Act 2009, it leaves us with duplicate processes that are more complex to operate than we would wish. I have therefore requested that, in advance of the introduction of universal credit in October 2013, staff should consider ways of streamlining the support system for victims of domestic violence who are jobseekers to keep the best of the two systems and to simplify the process.

I hope noble Lords will agree that these current changes are worth while and necessary to ensure that victims of domestic violence receive the support they require to help them achieve financial independence at a time when they are unable to take up work. With those words, I commend the regulations to the Committee.

[Lord McKenzie of Luton]

My Lords, I am grateful to the Minister for introducing these regulations so comprehensively and for setting out the scale of domestic violence, which sadly is prevalent in our society. As he says, the measure flows from the Welfare Reform Act 2009. I recall being pressed hard on some of the issues in which we engaged at that time.

I have a few questions for the Minister. I understood that he referred to a definition that included psychological pressure. However, the definition in the regulations states that,

“‘domestic violence’ means abuse of a kind specified on page 11 of section 2.2 of ‘Responding to domestic abuse: a handbook for health professionals’”.

I raise that in particular because a cross-government consultation has been undertaken to look at a general definition of “domestic violence” that could be shared across all departments. I want to be clear about that. I am not sure whether I have missed anything, but that is what I understand the position to be.

Why does the measure apply only once in a 12-month period? Why is that a “magic” cut-off point and does it reflect reality? Why can it operate only when the victim, or potential victim, of domestic violence is not living at the same address as the alleged perpetrator? That seems to me to be a valid point, particularly as part of the rationale for the four-week and 13-week periods was to enable someone to look for alternative accommodation. They may have short-term accommodation in a refuge, but I am not sure that an individual would be able to move out of a house in all circumstances, particularly if the abuse is threatened rather than actual. I wonder why that constraint is included. How will the measure be carried into universal credit? I accept entirely what the Minister said about rationalising the two systems so that they operate more effectively, which I think includes the assurance that the measure will be carried forward into universal credit.

In a similar vein, there are provisions in the housing benefit regulations that allow housing benefit to continue to be paid—I think sometimes for two addresses—when someone has had to move out of accommodation because of domestic violence or a threat of domestic violence. Do we have an alignment of the definitions for those purposes so that the two concepts sit together? The reforms to legal aid will restrict access to representation in family court proceedings, which makes these provisions all the more important. As regards legal aid, there are concerns about the high level of evidence that has to be produced. I do not know whether the Minister can comment further on the type of evidence that it is envisaged will be needed to access the benefit of these easements. I was pleased that, as I understand it, after 13 weeks there can be, if necessary, a further 11 weeks under the domestic emergency provisions, after which someone should cease to be on JSA if they are traumatised and in difficulty because of these circumstances.

As I understand it, the cross-government consultation has not just looked at making sure that coercive control using power and psychological control is brought within the definition of domestic violence or threats of domestic violence but at the age cut-off point. Currently, the definition extends only to someone who is 18 or over and not to 16 or 17 year-olds. Clearly there could be some circumstances in which 16 or 17 year-olds come within the scope and are able to claim JSA. There is a mismatch here, and I wonder how it will be dealt with.

All in all, I am pleased that the regulations have been brought forward and I congratulate the Government. However, I would be grateful for the answers to my few questions.

--- Later in debate ---

[Baroness Lister of Burtersett]

My Lords, I, too, welcome the order. I particularly welcome the very broad consultation that appears to have taken place, and the fact that—for once—there have been changes as a result of that consultation, which is very good to see.

The Explanatory Memorandum says that concerns were raised about some of the detail. In particular, it discusses:

“imposing time limits on the time a claimant can have to obtain evidence, and about having a maximum allowable deferral period”.

Were any other concerns raised that are not discussed in the Explanatory Memorandum? If so, perhaps the Minister could relay them.

The main issue I want to raise is in support of what my noble friend Lord McKenzie said about this being confined to victims of domestic violence or abuse where the perpetrator is living at a different address. Research in the United States shows that it is not unusual for a man who is abusing his partner to use violence to prevent her seeking paid work—for the obvious reason that he wants that woman under his control and if she gets paid work she can be independent of him economically. We know that economic dependence is linked to psychological dependence and makes women much more vulnerable to abuse. I am not aware of similar research having been done in this country but it seems quite plausible, now that partners are subjected to conditionality rules, that there will be situations in which someone may be prevented from seeking work by the violence or abuse of someone they are living with—and this will not allow for that. I would welcome the Minister’s response on that.

[Lord Freud]

My Lords, as one would expect, this has been an interesting debate with some valuable contributions. I shall try to deal with the questions—slightly at random, if noble Lords will forgive me.

The evidence can be supplied by a very wide range of bodies: healthcare professionals, the police, registered social workers, employers, trade union reps, and public, voluntary or charitable bodies. My noble friend Lord German was concerned about the process being slow, but that is probably a pretty rare circumstance. Clearly there is the back-up of the domestic emergency discretion that is allowed to Jobcentre Plus when, after four weeks, the letter has not arrived and it looks as though the body is being slow in supplying it.

Both the noble Lord, Lord McKenzie, and the noble Baroness, Lady Lister, raised the issue of not living at the same address. Of course, that is how the primary legislation was framed; it says something about having to leave the address. The regulations provide financial support for a person when they have left the address, and the support is provided in order to help a person to move on. However, this is an interesting point. The noble Baroness, Lady Lister, talked about the interplay between conditionality and violence. I will bear that in mind as we look at universal credit, for which we are ramping up the conditionality. There might be households in which on the one hand the state says “go to work” and on the other hand the partner is using violence to prevent that. I suggest that that is an interesting, although I suspect rather narrow, group, but we need to keep it in mind. Overall, the purpose of this easement is to support changes in individual circumstances. That is what it is for, and clearly staying in the same place would not mean that such a change was made.

[Lord McKenzie of Luton]

It would be consistent with what the noble Lord has just said if a claim could be made without the claimant having had to have moved out of the accommodation. The claimant might wish to do that and be in the process of trying to move on. I am not sure how this is framed in the primary legislation and maybe that is where the problem lies. The prohibition seems to relate to living at the same address at the point when the claim is made, but that might just be a temporary transitional arrangement as someone seeks to move on for obvious reasons.

[Lord Freud]

I will come back with formal written confirmation, but my understanding is that the legislation is framed in terms of there having been a move rather than a move being contemplated. As I say, I will write to confirm that, but I feel relatively confident about that point.

I want to pick up on the point made by my noble friend Lord German and by the noble Lord, Lord McKenzie, about the definition. For technical reasons the word “abuse” was not used in 2009. The term used was “violence”, but I think that things are moving on. However, the substance of the title makes it clear that we are not referring to situations in which there is physical abuse—my noble friend read out the wide definition set out in the handbook. On the point made by the noble Lord, Lord McKenzie, we are using a wider definition than the cross-government one that is in current use. I refer in particular to the point about the under-18s because we do have people who are less than 18 years old and they are not excluded from this regulation. That is one of the issues that the Government are looking at in the cross-government discussion.