Universal Credit: Reporting Childcare Costs

Mims Davies Excerpts

Monday 9th September 2019 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

Today the Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019 will be laid, as well as the equivalent Northern Ireland regulations.

Universal credit is the biggest change of the welfare system since it was created. It is a modern, flexible, personalised benefit reflecting the rapidly changing world of work.

Up to 85% of childcare costs can be reimbursed through universal credit. However, previously those reporting costs generally had to do so in the same month-long universal credit assessment period in which they were incurred for these costs to be reimbursed.

In order to ensure that busy parents have the maximum opportunity to recover childcare costs, we are laying legislation today to give extra time for working parents to claim back childcare costs. We are doubling the period during which those who claim support for childcare costs in universal credit can report their costs—they will now have an additional month to do so.

This extension for reporting costs provides parents with more flexibility and could help claimants with two or more children avoid losing out on more than £1,100 per month. Costs can be submitted online, and those in work while in receipt of universal credit can apply for up to £646.35 per month if they have one child and up to £1,108.40 for two or more children.

In addition to the childcare support provided in universal credit, the Government also provide a wide range of childcare support for families, including 30 free hours for three and four-year-olds of working parents, 15 free hours for disadvantaged two-year-olds and for all three and four-year-olds, and tax-free childcare.

[HCWS1824]

Jobseekers (Back to Work Schemes) Act 2013

Mims Davies Excerpts

Thursday 5th September 2019 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

I will, later today, lay a draft remedial order to amend the Jobseekers (Back to Work Schemes) Act 2013, along with the Government statement, setting out our response to the report from the Joint Committee on Human Rights and other representations my Department received on the proposal for the draft order when this was laid in Parliament between 28 June and 31 October 2018.

The draft remedial order ensures the right to a fair hearing for a small group of claimants who had lodged an appeal against a sanction decision that was retrospectively validated by the 2013 Act, if that appeal case had not been finally determined, abandoned or withdrawn before 26 March 2013. For these appeal cases, the draft order gives the courts the ability to find in the individual’s favour and enables the Secretary of State for Work and Pensions to change the sanction decision and refund the amount withheld, without those affected individuals having to continue with their appeal, wherever possible.

In 2013, the courts ruled that the Jobseeker’s Allowance (Employment, Skills and Enterprise Schemes) Regulations 2011 (ESE regulations) that underpinned a range of programmes of support to help people into work did not describe the individual schemes in enough detail, and that our referral letters did not say enough about the activities required. The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (MWA regulations) contained identical requirements about the content of referral letters. The 2013 Act reinstated the original policy intent of these regulations. This ensured that job seekers who had failed to take all reasonable steps to increase their chances of finding work between 2011 and 2013 did not unfairly obtain advantage over claimants who complied with the benefit conditionality requirements.

The Court of Appeal has ruled that the 2013 Act is effective in retrospectively validating sanction decisions and notifications. The Court of Appeal also ruled that the 2013 Act was incompatible with article 6(1) (the right to a fair hearing) of the European convention on human rights. It did not prevent people from appealing if they felt they had a good reason for not participating in one of the employment schemes, but it meant that their appeal would be unsuccessful if it related to their compliance with the ESE regulations or the referral notification they received under the ESE regulations or the MWA regulations. The Court of Appeal found that the 2013 Act was effective and that there was no breach of the European convention on human rights for the vast majority of claimants affected by the 2013 Act. The incompatibility with article 6 (1) arises only where a claimant had an undetermined appeal still in the tribunal system on the 26 March 2013, the date the Act came into force. The court’s decision does not affect the continuing validity of the 2013 Act.

I used the non-urgent remedial order process to allow time for parliamentary scrutiny. This requires that an initial proposed draft remedial order is laid in both Houses for a period of 60 days for consultation. The Joint Committee on Human Rights also consulted on the proposal and published its report on 31 October 2019. The initial proposed draft remedial order restored the right to a fair hearing for ESE regulation appeal cases because the appellants in the Court of Appeal case were appealing sanctions decisions made under these regulations. An upper tribunal judge has since questioned whether a limited group of mandatory work activity (MWA) appeal cases might also be included, as their rights under article 6(1) of the European convention on human rights arguably may also have been affected by the 2013 Act.

I have thoroughly considered his question and I believe that certain MWA regulation appeal cases are in a similar position to the ESE appeal cases that were specifically examined by the Court of Appeal. I have, therefore, revised the proposed draft remedial order to ensure that all claimants who had a pending appeal in the tribunal system on 26 March 2013 that may have been affected when the retrospective provisions of the 2013 Act came into effect are included in the draft remedial order.

There are no other groups similarly affected by the 2013 Act. The revised draft remedial order remains limited to circumstances that were incompatible with article 6(1) of the European convention on human rights. I will lay the draft order later today for consideration by Parliament for a period of 60 days, it is then subject to affirmative resolution.

[HCWS1819]

Pension Equality for Women

Mims Davies Excerpts

Thursday 14th December 2017 Commons Chamber

[Neil Parish (Tiverton and Honiton) (Con)]

rose—

[Mims Davies (Eastleigh) (Con)]

rose—

[Jo Churchill]

What choices! I give way to my hon. Friend from the south-west first.

--- Later in debate ---

[Jo Churchill]

Granted, but I spent a great deal of my life looking after children and so on. I am not in any way undermining the fact that in my surgery I have had not only women who have been carers—that is a broader issue for many Departments and successive Governments —but individuals who made life decisions prior to 2010. I have lobbied the Minister on that and he has discussed individual women’s cases with me at length. One in particular involved a midwife who went off and did five years’ work overseas for charity, predicating her decision on the information she had when she left. When she came back, not only was her situation affected by the fact that she had spent those five years serving other people, but she found that her midwifery registration was affected. When she tried to return to work, the job for which she could apply was compromised. So there are genuine cases, but perhaps we miss some of the importance of what we are discussing by treating everybody in this universal way.

[Mims Davies]

I, too, have lobbied the Minister on this issue. I pay tribute to the Solent WASPI women, who have also presented a petition here in Parliament. Many of the affected women are unable to go back to work because they have already taken on a caring responsibility. That very much affects what they can do financially.

[Jo Churchill]

I thank my hon. Friend for raising that point. She works unstintingly for carers up and down the country, and we could have a broader discussion about how we value carers, who are predominantly women.

The hon. Member for Swansea West (Geraint Davies) highlighted the specific issues facing a lot of the affected women, but I say gently that those are issues that women—whether they are in their 50s, 40s, 30s or 20s—are dealing with across the piece. Women tend to bear the brunt of these things. As my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) said, there are challenges in rural areas, and my hon. Friend the Member for Waveney brought up the issue of financial service organisations and banks not playing their part by also being a conduit of information for women. A series of events led to the current situation, and we have all found ourselves learning that communication should be better.

At the nub of this is the fact that we have a problem. In 1917, 24 letters were sent from the Monarch to women who were turning 100; last year, the Queen sent 24,000. By 2050, some 56,000 people will celebrate their 100th birthday.

Universal Credit Project Assessment Reviews

Mims Davies Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Gauke]

The right hon. Gentleman is absolutely right. I can only assume that those who tabled the motion worded it carefully. They chose its wording on the basis that it was about providing information to the Work and Pensions Committee. As I have said, I do believe that, in these circumstances and for the reasons that I have set out, the Select Committee will treat this matter confidentially, but he is absolutely right to draw attention to that distinction.

[Mims Davies (Eastleigh) (Con)]

I thank the Secretary of State for pointing out the collective amnesia of some about the fiasco of tax credits, although I am absolutely sure that many Conservative Members have not forgotten it. I was told by my Jobcentre Plus staff, who have been training Basingstoke Jobcentre Plus staff, that this extremely agile system allows them to feed in impacts and changes, and to listen and to learn. The Government are doing this because it is right for everybody.

[Mr Gauke]

My hon. Friend hits the nail on the head. That is exactly how we are rolling out universal credit, which is why we are able to make changes and why the process is being done gradually. As my hon. Friend the Member for South Cambridgeshire pointed out, these reports go back some years, since when there have been a number of changes. At one level, I would love to be able to publish the most recent IPA report because it makes it very clear that we were right to expand the roll-out of universal credit in the autumn. I am not publishing it, however, so in effect, I am tying one hand behind my back, because I respect the principle that these reports as a whole should not be published. None the less, in accordance with the motion, I am prepared to provide the reports to the Select Committee.

Work, Health and Disability

Mims Davies Excerpts

Thursday 30th November 2017 Commons Chamber

[Mr Gauke]

We continue to review that matter. We have certainly received representations on that point, and we continue to look at the evidence.

[Mims Davies (Eastleigh) (Con)]

My father was made disabled at work. When that happens to someone, it can really affect their life chances. I congratulate Microlink, a company in Chandler’s Ford that has been going for more than 23 years, which enables people with certain conditions and disabilities to get back into education or employment by helping them with the challenges that they face. Will the Secretary of State undertake to listen to such companies, which do so much to keep people in work and education and give them opportunities at every point in life?

[Mr Gauke]

I praise the employer in my hon. Friend’s constituency. Very good employers lead the way. There are now 5,000 employers signed up to the Disability Confident scheme, and we want to ensure that the best practice that is pursued by many employers is pursued by all employers.

Universal Credit

Mims Davies Excerpts

Thursday 23rd November 2017 Commons Chamber

[Mims Davies (Eastleigh) (Con)]

On a recent visit to Eastleigh jobcentre, I found that staff were hugely positive about universal credit, as IT skills and computer access for their claimants was vital. Will my right hon. Friend join me in thanking jobcentre staff across the UK for remaining positive about the benefits of this, particularly for those stuck on the 16-hours contracts?

[Mr Gauke]

My hon. Friend makes an excellent point. I have similar experience of visiting jobcentres and being struck by the enthusiasm of the staff for UC. I urge Members from all parts of the House to visit their local jobcentre and talk to the staff there. The work coaches and jobcentre staff generally are doing excellent work, transforming lives, and they believe overwhelmingly that UC is giving them the tools to help people to transform their lives. That is what this reform is all about, and it is why I am so determined to deliver it and why I am so pleased we have united support for it today on our side of the House.

Oral Answers to Questions

Mims Davies Excerpts

Monday 13th November 2017 Commons Chamber

The Secretary of State was asked—

[Mims Davies (Eastleigh) (Con)]

1. What recent discussions he has had with Cabinet colleagues on support for Gurkhas in the welfare system.

[The Parliamentary Under-Secretary of State for Work and Pensions (Caroline Dinenage)]

The Department for Work and Pensions has regular discussions with colleagues across Government about the treatment of Gurkhas in the benefit system and its responsibilities under the armed forces covenant. Additional support is already in place for members of the armed forces community, to take account of their needs and circumstances.

[Mims Davies]

Gurkhas put themselves on the line for our country. I recently met members of the Gurkha community in Eastleigh. They have travelled a long distance from home and they are phenomenal soldiers. Will my hon. Friend continue to ensure that their unique circumstances are recognised in both our pensions and benefits systems?

[Caroline Dinenage]

As you will be aware, Mr Speaker, I am married to a former Gurkha, so I fully understand and share my hon. Friend’s gratitude for their bravery and service. No member of our armed forces should be disadvantaged by their service to our country. I would like to reassure her that the DWP takes very seriously our commitment to the armed forces covenant. We will do everything we can, and work as hard as we can, to help them get the best possible support.

Universal Credit Roll-out

Mims Davies Excerpts

Wednesday 18th October 2017 Commons Chamber

[Mr Gauke]

I have to make some progress.

Claimants now no longer need to switch between benefits if they move in and out of work, so they are free to take up short-term and part-time work without worrying about being worse off or their claim ending. It is working: our research shows that compared with people in similar circumstances under the previous system, universal credit claimants spend more time looking for work, apply for more jobs, take up jobs that they would not even have considered previously, and take on more hours or extra jobs. That is not an abstract discussion; this is real people’s lives being improved because of universal credit.

[Mims Davies (Eastleigh) (Con)]

Eighteen months ago, I visited Radian, a housing association in my constituency. Radian expressed to me and to our hon. Friend the Minister for Employment concerns about the impact of universal credit on tenants. Eighteen months later, those people are in work, paying the rent and working with the housing association. The outcome is positive. Labour Members are simply scaremongering.

[Mr Gauke]

I am grateful to my hon. Friend for highlighting the reality. This is not an abstract discussion; we are discussing real people’s lives.

--- Later in debate ---

[Mims Davies (Eastleigh) (Con)]

I welcome the key feature of universal credit, which aims to ensure that work always pays. As we heard from my hon. Friend the Member for Bolton West (Chris Green), training and opportunities continue to be limited by the existing system, so let us not pretend we started from a perfect place. I hear on the doorstep how people are infuriated by Labour’s failure to remedy the system. Universal credit is a difficult but needed revolutionary reform.

Universal credit services have been rolled out in my constituency since July, and I am pleased to say that I have not had a great number of concerns. None the less, my caseworkers have picked up on two issues, which I happily raise today. The first is internet access for those who are less technologically able. I would like the Minister to take that forward. Some people use internet cafés. Some use other people’s access to the internet so that those people can work with them through the process. It can be daunting, but they do it and stumble because they do not have the full paperwork. We need real clarity on what paperwork is required, and then people will feel less frightened and see it more as an opportunity.

On 20 July, I had a meeting with my local housing association, Radian, which has been successfully helping people to get into work and into training. Its positive involvement absolutely has to be encouraged. Eastleigh has moved on to a live service. Staff at Radian have confirmed that they are actively supporting tenants. This new approach to benefits is allowing it to offer a wide range of opportunities through its website and tenants’ magazines.

I do not want to scaremonger. MPs on neither side of the House have a monopoly on compassion. All of us can shape the future of universal credit and make it better, because it does work.

Jobcentre Plus: Closures

Mims Davies Excerpts

Thursday 6th July 2017 Commons Chamber

[Mr Gauke]

Liverpool has the third-highest concentration of jobcentres for larger cities, but I know that my hon. Friend the Minister for Employment will be happy to meet the hon. Gentleman to discuss this further.

[Mims Davies (Eastleigh) (Con)]

There has been a 70% reduction in the number of jobseekers and unemployed people in my constituency since 2010. One of the best ways to reach vulnerable claimants who have not managed to get into work is outreach based at local colleges, where educational support could be tailored at the same time. Can the Secretary of State confirm that innovation is at the heart of these changes?

[Mr Gauke]

My hon. Friend makes an important point. Jobcentres are certainly very open to partnership working. She highlights an area where more progress is needed, and indeed where we might be able to help.

State Pension: Working-class Women

Mims Davies Excerpts

Thursday 9th February 2017 Westminster Hall

[Alison Thewliss]

My hon. Friend is absolutely right, and I commend his campaigning on this issue. Women have been cheated and it is entirely unfair. The Government expect many of them to seek work. I met a constituent outside Bridgeton Jobcentre a few weeks ago when campaigning against its closure. She was 62 and she was in absolute pieces because she had been called to the jobcentre. She had moved between employment support allowance and jobseeker’s allowance. She is not fit to work. She had been through a traumatic experience. Her daughter had died. She has poor physical and mental health and she told me about her pension age, which has added insult to injury. She has been through enough in her life. She deserves peace of mind and time to enjoy the retirement she should have.

Instead, at the age of 62, the Government expect that woman to go out and seek work, which, given the condition she is in, is pretty unlikely. Having spoken to her, I cannot see that many employers would consider her a good employee prospect, given her circumstances and the experience she has had in life. What employer will say, “Yes, we will take her on. She may be here for a couple of years, if that, because her health is poor, so she might not be here for long.”? Sadly, she is not a good prospect. She has worked all her life and she is tired. She is done and she deserves the time and peace she thought she would have. She deserves a dignified retirement.

Life expectancy in the east end of Glasgow is significantly lower than in other parts of the country and other parts of Glasgow. On the train from Bridgeton to the west end, there is a huge gap of eight to 10 years in the life expectancy of people on the same train line because the heavy industry and its legacy has meant that some women have suffered ill health all their lives. Some have suffered as a result of the industries their husbands worked in. Women were expected to launder their husband’s clothes and have suffered asbestos-related conditions. That has not been recognised well enough. These women have worked very hard and they deserve a dignified retirement.

[Mims Davies (Eastleigh) (Con)]

I congratulate the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) on securing this important debate. I, too, have WASPI women in my constituency with poorer health and shorter lives who are worried about their future and have health inequalities or caring issues. The Government have looked at transitional arrangements and want to provide dignity in old age. However, I am slightly concerned that the tone of this debate is writing off women at the age of 62 from having hope and opportunity. I have met some great women in my constituency surgeries who, with help and support, have found opportunities. I am looking for some balance in the argument, much as I have great sympathy with many of my constituents.

[Alison Thewliss]

The hon. Lady is correct. Some women are able to work, want to work and do work. Some do not want to retire, but want to keep working, and that is great for them. I knew women when I was a councillor for eight years before becoming an MP who want to work, are part of their community and want to contribute. That is fine if they are able to, but not all woman are able to. We must think of them and look after them all the more, because they have given so much during their lives.