Benefit Claimants Sanctions (Required Assessment) Bill

Debate between Mhairi Black and Mike Weir

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

[Mike Weir]

We are not discussing the principle of sanctions today. We are discussing a Bill that sensibly seeks to mitigate the current system. Whether there should be sanctions at all is another debate for another day, but it is not what we are debating today. Many Government Members have spoken about mitigations in the system. It is true that people can get hardship payments, but it can take many weeks. Not only that, but the hardship payments are a percentage of what people would get from benefits. Despite what many people seem to think, benefits are hardly over-generous in the first instance. People who get by on benefits find that they cannot get by on hardship payments.

Parts of my constituency are relatively prosperous. Many people work in the North sea oil industry, for example. In the downturn in that industry, people lost well-paid jobs. Many of them came to me absolutely flabbergasted at the amount of money they got by signing on because they had believed for so many years the rubbish pushed by some of our media that all people on benefits live the life of Riley, which is absolute nonsense.

The point has been made that there is nothing new in the sanctions system, which is correct—sanctions have been part of the system since at least 1996—but what is new is the number of sanctions and how they are imposed. The system is deeply flawed, and SNP Members have long called for a full independent review of it. Even the National Audit Office found in its recent report that a shocking 24% of jobseeker’s allowance claimants received a sanction between 2010 and 2015 and that the rate of sanctions varies dramatically. That is not right and the Government must listen to the concerns about the damage that the application of benefit sanctions has on individuals and their families.

The report also states starkly:

“sanctions are not rare. A quarter of Jobseeker’s Allowance claimants receive them at some point”,

which blows apart the Government’s assertion that only a small minority receive them. Worse still, there is absolutely no consistency in the figures. The report finds that some Work programme providers made more than twice as many sanctions referrals as other providers within the same geographical area, even though claimants are randomly allocated, so that case load characteristics are identical for each provider. That would not happen in a fair system.

There should be no more than a minor variation if the system is used uniformly. Clearly it is not, which the Bill would address by adding a clear code of conduct. The point is that, wherever someone is subject to the system up and down the United Kingdom, the same principles would be applied, and it would not be left to individual variance from place to place. The NAO believes that the DWP does not use sanctions consistently, noting that sanctions referral rates

“have risen and fallen over time in ways that cannot be explained by changes in claimant compliance.”

The Bill that my hon. Friend the Member for Paisley and Renfrewshire South has introduced would make a start on the process. Hon. Members accept that it does not do away with the sanctions regime. She is very intelligent and knows perfectly well that such a Bill would never get through the House in its current form. However, the Bill would go a long way to ensure that there is a coherent, unified process for all jobcentres and that advisers take a claimant’s personal circumstances into account before issuing sanctions. Advisers would be compelled to take into account whether a person is at risk of homelessness and whether they have caring responsibilities or a mental health condition that could be exacerbated if their benefits were sanctioned.

It is interesting to note that in March 2015 the Work and Pensions Committee published a report, “Benefit sanctions policy beyond the Oakley Review”, which recommended, among other things, that the Government take urgent steps to implement fully the outstanding recommendations of that report. To be scrupulously fair, the Government have taken some measures. They have trialled the yellow card system and we still wait to see what the outcome of that trial will be.

[Mhairi Black]

I thank my hon. Friend for giving way. I hope that the Minister will address that point at the end of the debate, because in a written answer to my question asking when the details of the yellow card system would be published, the answer was the end of November. We are now into December.

[Mike Weir]

When my hon. Friend has been here as long as I have, she will realise that a political month can go on for a very, very long time.

The point is that many of the people who are subject to sanctions are vulnerable or, frankly, leading chaotic lifestyles because of mental illness. In its comments on the Bill, SAMH, which has a scheme in my constituency, said:

“People with mental health problems are among the most vulnerable of benefit recipients, are disproportionately targeted to be sanctioned and are among the least likely to understand or be able to comply with the conditions attached to their benefit.”

SAMH also makes the point that

“Sanctioning this group…serves no purpose other than to make their illness worse and their personal circumstances even harder to cope with—making employment a less, not more, likely outcome.”

In response to a Scottish Government consultation last October, it added that

“The number of sanctions applied in Scotland doubled in the last year, and individuals with mental health problems are disproportionately affected.”

According to Mind, figures obtained by a freedom of information request in November 2015 showed that 19,259 people with mental health problems had their benefits stopped under sanction in 2014-15, compared with just 2,507 in 2011-12. That is a 668% rise in just three years, which cannot be just or right.

These people are already vulnerable. The reason that they are perhaps not fully compliant with the rules is not that they are wilful but that they are unable to do so. A sanction will make matters worse and will not make them more likely to get a job; in other words, it is a completely counterproductive process. In fact, it could be even worse than that, because these people are also the least likely to look into how they can then get a hardship payment or how they can appeal. We get people coming into my office after they have been sanctioned completely unaware of the system and how they go about appealing a sanction or how they go about getting a hardship payment, and that happens despite the work that we do and despite the excellent work that Angus Council’s welfare benefits team do to point people in the right direction.

There are people, particularly those with mental health problems, who simply fall through the cracks, and the danger of not having a unified system is that more and more people will fall through those cracks. Many other Members will have stories of people in similar circumstances. Crucially, however, the Government also did not accept the WPC’s recommendation that they should

“establish a broad independent review of benefit conditionality and sanctions, to investigate whether sanctions are being applied appropriately, fairly and proportionately, in accordance with the relevant Regulations and guidance”

that already exist.