Welfare Reform and Work Bill (Sixth sitting)

Neil Coyle Excerpts

Thursday 17th September 2015 Public Bill Committees

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Does my hon. Friend share the concern that some of the Government agenda is being driven by think-tanks that have done none of their own research on these issues and were unable to provide evidence to back up the assertions that they made in the witness sessions?

May I also say how much I enjoyed my lunch?

[Emily Thornberry]

Yes, there was an opportunity when we heard evidence. We asked the Government for evidence. We asked them again and again. I have tabled several parliamentary questions and have not had particularly good answers. We have asked questions in the House about their justification and evidence, and we got nowhere. If there is an opportunity, it would be great finally to hear from the think-tanks, which I know the Government are close to—at least some of them—and for them to come forward and give us the evidence on which the policy is based.

I was struck that, while hyperbole was in good measure, we had no evidence. We had people coming in again and again telling us the occasional story. It is as though the policy is based on the one family that was found living in Westminster with the flatscreen television and a Mercedes outside, or whatever the extraordinary example was. That is so removed from the reality of the day-to-day lives of people who are affected today by previous benefit caps and will be affected even more by further benefit caps.

The best way to make policy is on the basis of evidence. For that reason, the Labour party has made it clear what our position now is. We oppose the Tories’ reduction in the benefit cap, so we will therefore be joining the Scottish Nationalists on amendments 25 and 26. We will review Labour policy with regard to the principle of the benefit cap and we will look at evidence. It is right to say that Labour Members who represent London constituencies feel that week after week in our surgeries we see an awful lot of evidence of the adverse effect of the benefit cap and how it does not provide an incentive to get people into work, how it does not save money, and how, more than anything else, it is not fair.

We want in the next few months to put forward a good body of evidence to show, one way or the other, whether a benefit cap is right on any basis. For that reason, although we oppose the lowering of the benefit cap now, we have committed ourselves to looking carefully into the evidence, and we encourage people, including the Government, to come forward and share the evidence with us. If the Government want to give us the evidence on which they are basing this appalling policy—this cruel and nasty policy—I would be very glad to hear it and very glad to read it.

More than political whimsy is needed. If we must have a cap, we should at least make it clear that there should be an objective benchmark by which the level should be determined. I will therefore press amendment 71 to a vote.

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[Priti Patel]

Those in receipt of the support component of employment and support allowance are, of course, exempt from the cap. The Secretary of State has recently spoken about ESA and the additional support that can be given to individuals with particular health conditions. The Government are working on that right now, completely outside of this Bill.

[Neil Coyle]

On the point about disabled people being protected, there is an exemption for the support group—fair enough—but 440,000 disabled people are directly affected by the bedroom tax. The personal independence payment and disability living allowance changes will mean that, according to Government estimates, some 600,000 disabled people will lose out directly. Access to Work is supporting fewer disabled people, and there are fewer working-age disabled people in work as a proportion of the overall number than in 2010. The benefits freeze has directly affected even those in the support group of employment and support allowance, so it is incorrect to keep claiming that disabled people have been protected.

[Priti Patel]

Actually, we have been very clear about safeguards for vulnerable people. [Interruption.] We have. Perhaps this is just a fault line between our two political parties, as the hon. Member for Islington South and Finsbury has already said, and the Opposition intend to vote against this come what may, but we made it very clear that protecting the vulnerable is one of the key principles of our welfare reforms. [Interruption.] I appreciate that Opposition Members want to comment from a sedentary position, but there seems to be a huge area of difference between our two parties. One of the key principles of our welfare reforms is that we will put in place safeguards to protect the most vulnerable. There will be a range of measures, including discretionary housing payments, but it is wrong just to assume that we are deliberately not looking after vulnerable people when we clearly are.

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[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.

[Neil Coyle]

Will the Minister give some evidence to back up her assertion that it has worked? What were the measures of success? How many people have moved into work? What would success look like for the Government if this measure was to go forward as it is in the Bill?

[Priti Patel]

I understand that the evaluation has been published, and since its introduction, more than 35,000 households who had previously been capped have moved off the cap. As I have said, the evaluation shows that the cap is working, with households 41% more likely to enter work than similar households who were just below the benefit cap. This is of course about the behavioural effects, but we have to, and should, put it into the context of incentivising work and supporting people to help them get into work, which is clearly part of what the Government are doing through their welfare reform agenda.

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[Neil Coyle]

In my borough of Southwark, initially 500 or so households were meant to be affected, with a large number of them in Peckham. The local authority intervened to support some of those families to make decisions. Some people did go to work. I would like to see that figure of 35,000 broken down a bit further, because other people were supported on to benefits to provide the exemption from the cap. There is a mixed picture and I am sure the Minister did not want to lead more people on. However, I also wanted to intervene on the local authority side—

[The Chair]

Order. We might have a long afternoon in front of us and it will be even longer if interventions are long. I say to you, take the opportunity to speak from the Back Benches before the Minister has responded. I would ask for interventions—

[Neil Coyle]

rose—

[The Chair]

No. You have had the opportunity. The Minister is now responding to the debate, and she has been very generous with interventions.

[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—

[The Chair]

Order. The hon. Gentleman is a new Member, so I am being generous. Back Benchers have the opportunity to speak before I call the Minister, so in future he should indicate at that point. He may make a small contribution now, before we have the vote.

[Neil Coyle]

Thank you, Mr Owen. I apologise for getting things in the wrong order. I also apologise to the Minister if my intervention was too long. I am grateful for opportunities to intervene.

The point that I was making was to do with the 35,000 figure mentioned by the Minister. When the benefit cap was approaching, many local authorities across the country rolled out additional support to individuals whom they suspected would be directly affected by the cap. In the borough of Southwark, that included support to identify whether some individuals might qualify for other benefits that would exempt them from the cap. It is therefore not accurate to suggest that 35,000 people moved into work if, for example, someone in a household was moved into the employment support allowance support group or identified as meeting the disability living allowance requirements. The Minister suggested that 35,000 moved into work, but the Government might actually have created a perverse incentive and welfare dependency, which they talked a lot about trying to avoid.



My second point was about local authority resources. It is not free for local government to provide that level of additional support to individuals directly affected. Is the Minister suggesting that there will be more support for local authorities as the measures in the Bill approach implementation to ensure that they can meet the demand of individuals affected to support them to move home, so they may reduce some of their costs, to move into work or to move on to different benefits? Will there be another jump in the level of payments made to organisations such as Citizens Advice by Government in order to meet the jump in demand? For example, in Southwark 40% more people were seeking advice, reassurance and information from Citizens Advice on how to avoid some of the measures proposed by the Government.

Those are some of the concerns that I am trying to get across. I apologise again if I expressed them at the wrong point.

Question put, That the amendment be made.

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The Government regularly, and have today, cited statistics to the effect that of the 40,000 households affected by the benefit, 41% no longer are and have entered work. There are two ways of looking at that. The first and most obvious is to note that the substantial majority of people affected by the cap have not been able to find work of enough hours to exempt them from it. The majority of people, despite the benefit cap, have not been able to find work. If it is such a great incentive, why has it not worked on more than half of people affected by it? The reason is obviously because it reflects the simple truth that the cap overwhelmingly applies to people who are recognised within the benefits system itself as being unable to work.

[Neil Coyle]

One reason, as my hon. Friend has said, for people potentially being unable to work or to work for significant hours is caring responsibilities. She specifically mentioned carer’s allowance. Is she aware that to qualify for carer’s allowance, people need to be providing a minimum of 35 hours of support a week to a disabled person or other loved one? That is a definition that the Department for Work and Pensions’ own advice suggests is a “substantial” level of support to another individual.

[Emily Thornberry]

So someone is supposed to give a substantial level of support to another person and yet also be working sufficiently to be exempted from the benefit cap. These are the sort of people who we rely on to keep our society going—frankly, most of them are likely to be women. Those people are carers for those who would otherwise be relying on the state to do it at a much greater cost. Instead recognising the role of such people, they are being penalised under draconian legislation.

[Neil Coyle]

If carers were to stop providing 35 hours of support or more a week, local authorities would potentially be asked to step in to provide some of that support to an individual. We already know what the Government’s agenda is for local authorities—what is has been for the past five years—but the average cost for care home placement is upwards of £600 a week. There could be a new cost to the Government of getting this policy wrong, particularly for carers.

[Emily Thornberry]

My hon. Friend puts it very well. If only we had a Government that listened. In fact, the most recent statistical release from the Department included, for the first time, a breakdown of capped households by benefit claimed. By far the largest proportion—49%—were claiming income support. In the vast majority of cases those are single mothers who are unable to work because childcare is neither available nor affordable. It is clear from the evidence that we heard last week that a lack of suitable childcare remains a substantial barrier to lone parents seeking work.

In Islington in my borough the cost of a part-time nursery place is £235 a week—one of the highest in the country and more than 30% higher than the London average. It is not just cost that is the problem here. The jobs that are likely to be available to many of the mothers in my constituency who want to find work are disproportionately likely to be short-notice working, often at unsociable hours—in other words, the times when it is most difficult to find childcare.

The Government’s promise of raising the number of free hours of childcare to 30 hours a week is welcome, but we have been down this road before. During oral evidence we heard concerns to the effect that the shortfall between the reimbursement rate and the actual costs would make it uneconomical for many childcare providers to continue their operations. Neera Sharma stated:

“The Pre-school Learning Alliance has said that, on average, the cost of childcare is £4.53 an hour; the Government contributes, on average, £3.88. When the childcare offer is doubled, nurseries could operate at a loss of £661 per child per year, so there are going to be quite significant issues for providers.”—[Official Report, Welfare Reform and Work Public Bill Committee, 10 September 2015; c. 22, Q32.]

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[The Chair]

Do any Back Benchers wish to speak?

[Neil Coyle]

Briefly Mr Owen. Thank you for your generosity earlier and for preventing me from being put in the same position again.

The derogatory comments about the succinctness of my hon. Friend the Member for Islington South and Finsbury demonstrate the big difference between the Government and the Opposition. These are incredibly important issues that affect thousands of people, and they go directly to the root of the matter. The Government claim to represent working people, but many thousands of the people affected are in work. The Government are taking away fundamental parts of the support system that helps those on low incomes who are trying to work, move on and do the right thing, to use the Government’s terminology. The Government are also undermining people’s opportunity to live in central London constituencies such as mine.

I want to pre-empt something that I suspect the Minister might say about discretionary housing payments. Rather than just focusing on the few local authorities that pass back, or have passed back, some of their unspent discretionary housing payments, perhaps we could discuss the total spend of councils on discretionary housing payments, including those, such as mine, that spend more than they are provided by central Government.

[Priti Patel]

The amendments would introduce a new series of exemptions from the benefit cap. Largely, they would provide exemptions for the households that find it most difficult to enter work, for people who may be unable to get a job or for those who are not required to be available for work and to take up employment. I will shortly address why I do not agree with introducing the proposed additional exemptions, but I remind Members that the cap sets out the strong principle that there is a maximum level of out-of-work benefits that the Government will pay to each household. The Government have always accepted that there should be some exemptions from the benefit cap.

I will briefly recap the current exemptions. To incentivise work, the cap does not apply to households in receipt of working tax credits. To recognise the extra costs that disability can bring, households that include a member who is in receipt of attendance allowance, disability living allowance, personal independence payment or the support component of employment and support allowance are exempt. War widows and widowers are also exempt, as I am sure all Members recognise.

[Neil Coyle]

Has any assessment been made of the impact of the benefit cap and other changes on new applications for the supports just listed by the Minister that provide an exemption from the cap?

[Priti Patel]

I will have to come back to the hon. Gentleman on that point.

The exemptions best support the cap’s aims of increasing incentives to work and promoting fairness while ensuring that the vulnerable remain supported. The welfare reforms that we have discussed thus far in Committee are about transforming life chances and promoting fairness and opportunity.

Amendment 104 would introduce three new exemptions from the benefit cap. The explanatory statement that accompanied the amendment explains that its purpose is:

“To provide that the benefit cap does not apply to benefit claimants who will find it most difficult to enter work.”

The first exemption that the amendment would introduce is for persons

“responsible for the care of a child aged below 2”.

A blanket description that couples with children are those who find it most difficult to enter work is inappropriate. The vast majority of capped households who have found work include parents who have managed to balance their caring responsibilities with work, as millions of working households already do. By going out to work, parents are helping to improve their children’s life chances and are showing them the importance of a strong work ethic, reinforcing the principle that work is the best way out of poverty.

Turning to lone parents with young children, at whom I think this amendment is most likely addressed, we believe that work is the best route out of poverty for households. Children can have their life chances and opportunities damaged by living in households in which no one has worked for years and in which no one considers work as an option. Lone parents need only enter work at 16 hours a week to become eligible for working tax credits and so become exempt from the cap.

We already provide support to parents for the cost of childcare, which we are extending to help working parents further. The 30 hours of free childcare is just one measure, but there are many others, not least tax-free childcare, which will provide a great deal of support, in particular for families on universal credit, who will be able to claim back 70% of childcare costs. On funding for childcare rates, a Government funding review is currently under way, led by the Department for Education, so more is taking place in this area. Parents who receive help with childcare costs through working tax credits are exempt from the cap and childcare costs paid through UC are excluded from the cap. Since the cap was introduced in April 2013, nearly 8,500 lone parents have moved into work and started claiming working tax credits. In 2014, around 1.25 million lone parents were in employment in the UK.

The second exemption that the amendment would introduce is for people in receipt of carer’s allowance in respect of someone who is in receipt of disability living allowance, personal independence payment or attendance allowance with whom they are not living. We all acknowledge the important role that carers provide, but we do not accept that carers are unable to work. Although seeking work is not a condition for receiving carer’s allowance, many carers are nevertheless able to and combine work with caring responsibilities. Figures from February this year show that around 760,000 working-age claimants were receiving carer’s allowance. Of those, around 75,000 reported that they were doing work at some point while making their claim. It would therefore be inappropriate to introduce an exemption specifically on the grounds that somebody is in receipt of carer’s allowance. However, the vast majority—94%—of households in receipt of carer’s allowance who have a benefit income above the cap level are exempt from the cap, mainly because the person they care for is in the same household and is in receipt of an exempting disability-related benefit.

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Division 22

Ayes: 5

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Labour: 3
Scottish National Party: 2

Noes: 10

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Conservative: 9

[Neil Coyle]

I beg to move amendment 94, in clause  8, page 10, line 30, at end insert—

“(aa) the impact of the benefit cap on disabled persons and carers.”

This amendment requires the Secretary of State to consider the impact of the benefit cap on disabled people, and carers, when reviewing the level of the benefit cap.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 73, in clause 8, page 10, line 31, leave out paragraph (b) and insert—

“(b) The relationship between the level of the cap and average earnings, and

(c) Regional variations in the cost of housing.”

To remove the provision allowing the Secretary of State to set the level of the benefit cap by reference to “any other matters [he] considers relevant” and to instead require that the cap should be set by reference to average earnings and regional variations to adjust for differences in the cost of housing.

Amendment 13, in clause 8, page 10, line 31, at end insert—

“(c) an annual report made by the Social Security Advisory Committee on the level of the benefit cap.”

To require the Secretary of State to take into account an annual report by the Social Security Advisory Committee on the level of the benefit cap when undertaking his review of the benefit cap.

Amendment 14, in clause 8, page 10, line 31, at end insert—

“(3A) The report made by the Social Security Advisory Committee on the level of benefit cap, under subsection 3c, must include an assessment of the impact of the benefit cap on the Discretionary Housing Payments Funds administered by local authorities.”

To require the Social Security Advisory Committee’s annual report on the level of the benefit cap to include an assessment of the impact of the benefit cap on Discretionary Housing Payments.

Amendment 105, in clause 8, page 10, line 31, at end insert—

“(c) any reports on the impact of the benefit cap on the wellbeing of children made by the:

(i) Children’s Commissioners for England;

(ii) Children’s Commissioner for Wales;

(iii) Scotland’s Commissioner for Children and Young People; and

(iv) Commissioner for Children and Young People, Northern Ireland, following the introduction of the benefit cap in Northern Ireland.”

To require the Secretary of State, when reviewing the level of the benefit cap, to take into account any reports made by the Children’s Commissioners for England, Scotland, Wales on the impact of the benefit cap on the wellbeing of children. Should the benefit cap be introduced in Northern Ireland the Secretary of State shall also be required to take account of any similar reports made by the Children’s Commissioner for Northern Ireland. This amendment does not require the Children’s Commissioners to make such report but does require the Secretary of State to consider any such reports if they are made.

[Neil Coyle]

I rise to speak to amendment 94, which is in my name; the consequential amendment 13, which focuses on the Social Security Advisory Committee and its reports; amendment 14, on the effect on discretionary housing payments; and amendment 105 on reports by the Children’s Commissioners. We support the amendments.

Amendment 94 would require the Secretary of State to assess the impact on disabled people and their carers when considering the cap threshold. This comes back to the earlier discussion about the fault-line between the parties on this issue. Our party believes that disabled people and carers should be protected, and that, as a minimum, the Government should be monitoring the impact of their policies on these significantly disadvantaged groups. Our policy comes from an evidence base, and it reflects the fact that, over the past few years, whether deliberately or by accident, the Government have penalised disabled people and carers.

I should like to give a personal example relating to the amendment before going into detail. My mum has schizophrenia. She is fortunate now, in that she is over state retirement age and so exempt, and has adequate treatment that sustains her mental health. Had this Government’s policy been in place before she was adequately treated, before adequate schizophrenia treatment was available, she might have been forced into homelessness or into being sectioned, at considerable additional cost to the state. She would have been trying to manage the side effects of poor medication, which at times caused vomiting so severe it contributed to loss of teeth. As that was happening, if this policy had been in place, she would also have been losing income and being made even more vulnerable. That is why the Government’s proposals are so dangerous and difficult for so many disabled people and their carers and families.

In the last five years, the Government have been either unaware of or uncaring about the cumulative effects of their policies on disabled people and carers. A massive grassroots movement of disabled people in particular and carers as well has put forward the WOW petition asking the Government to assess the impact of their policies on disabled people and carers. The petition secured 104,818 supporters and resulted in a debate in the House. During the debate, a previous Minister undertook to carry out several actions, including asking officials in the Department for Work and Pensions to work closely with Dr Simon Duffy of the Centre for Welfare Reform to make the independent cumulative impact assessment carried out by him as accurate as possible.

Unfortunately, since that debate, the Government have not worked with Dr Duffy to ensure that. The amendment would help address some of the frustration that disabled people and carers feel about the impact of Government policy and about not being taken more seriously. The Government’s Social Security Advisory Committee concluded that the Government could and should provide an analysis of the cumulative impact of their welfare reforms on disabled people, and the Equality and Human Rights Commission and the National Institute of Economic and Social Research recommended that Her Majesty’s Treasury

“incorporates breakdowns of the cumulative impact of tax and social security measures according to protected characteristics into its distributional analysis as a matter of course.”

The amendment would support the Government in meeting that requirement. I should add that the WOW petition is up and running again in light of the Government’s inaction, despite previous commitments, to ensure that policies are better assessed for their impact on disabled people and carers.

During the last Parliament, we saw the rise of the Hardest Hit campaign, a combination of disability, carer and advice and welfare organisations working to ensure that the Government focus better on the impact of their policies. The campaign remains active and concerned about the impact of continued Government policy and reductions in support to disabled people and carers. The Government have continued to claim that disabled people are protected. That is untrue, and increasingly untrue. Of particular concern is the fact that, from October this year, the number of people on disability living allowance being pushed through personal independence payments assessments will increase. As the Government’s objective is to remove support from about 600,000 disabled people, it will mean that those disabled people will no longer be exempt from the benefit cap, adding additional weight to the importance of the amendment.

Witnesses to the Committee, including Parkinson’s UK, have suggested monitoring the impact of further changes and have said it would be welcome. I am grateful to the Disability Benefits Consortium for supporting my contribution to this debate. The DBC consists of about 60 different disability advice and welfare organisations active on and expert in these issues. It has no ulterior motive other than ensuring that the welfare system works adequately to support disabled people and carers.

The Disability Benefits Consortium has said in briefings to the Committee:

“A third of disabled people live below the poverty line, around 3.7 million people. Furthermore, DWP figures published in June show the number of disabled people living in poverty has increased by 2% over the last year equating to a further 300,000 disabled people living in poverty.”

The benefit cap, combined with freezes and cuts to ESA for those in the work-related activity group, will reduce disabled people’s incomes significantly. It needs measuring. There are additional costs to Government of getting the policy wrong, and that also needs measuring. The impact on disabled people and carers is not only a human one. The Government must be responsible and consider that. Has a policy had the desired effect? For example, has it had consequences for local authority spending, NHS spending or mental health spending?

In addition, while those in receipt of the support component of employment and support allowance are exempt from the cap, those in the WRAG are not, which we discussed earlier today. That means that about half a million disabled people are affected, and I hope that Members are clear about who is affected and who we are talking about in these groups.

The statistics on these people are from February this year and they are the Department’s own. I will not list them all, Chair; I know that we are tight for time. But 3,420 of these people have infectious and parasitic diseases. That is who we are talking about. In addition, 770 people have diseases of the blood and blood-forming organs, and certain diseases involving the immune mechanism; 244,000 have mental and behavioural disorders, which include learning disabilities; 26,000 have diseases of the nervous system; 2,990 have diseases of the eye and adnexa, which I am sure everyone knows about; 8,110 have diseases of the respiratory system; 2,930 have diseases of the skin and subcutaneous system; and 22,000 have injury, poisoning and certain other consequences or external causes. They are the disabled people who this Government policy would affect directly; they are not protected under the Government’s current policy. All that the amendment seeks to do is to ensure that the impact on those people is at least measured and monitored.

The current impact assessment suggests that a new lower-tiered cap has been designed to strengthen work incentives for those on benefits. The Government have yet to provide evidence to back up the claim that cutting the benefits that disabled people receive will incentivise them to work.

The Minister suggested in Tuesday’s discussions that there would be additional measures. We would welcome knowing what additional measures are being considered to reassure disabled people, their organisations and their carers that the Government are focusing on their concerns.

The majority of disabled people want to work, but they face substantial barriers, including attitudinal barriers from employers and wider society. We discussed the figures the other day; 48% of working-age disabled people are in work, but only about 10% of those with learning disabilities and 5% of those with significant mental health conditions, such as schizophrenia, are in work.

I will just give a quick example. The impact assessment provides no detail about the impact of lowering the cap on disabled people who are not in receipt of DLA or PIP. That point was made by the National AIDS Trust and HIV Scotland in their briefing for this specific amendment. Amendment 94 would address this issue, and I hope that it will be welcomed by all members of the Committee.

I come to my final comments, Chair. Scope has provided analysis of the estimated higher costs of living with a disability. Baroness Campbell of Surbiton has made the point that the additional costs that she incurs are for things such as coffee, to make sure that her carers and support workers can have a cup of coffee, as well as things such as loo roll and carpet, and costs to cover wear and tear as people sit down on her sofa. Those are additional costs that disabled people have, which go well beyond the perception of disability costs as the cost of a wheelchair or medication.

I hope that hon. Members will have the Scope research in their minds when they consider the high costs of disabled people, as well as the higher incidence of poverty that already exists among disabled people, and the incidence of low income among disabled people. Low income is a direct result of not being able to work full-time hours.

In ensuring that these measures do not disadvantage disabled people further, it would be worth the Government at least describing how they believe that they are meeting their responsibilities under the Equality Act not to disadvantage these disabled people further. A failure to monitor or impact-assess this policy would be an acknowledgement that the Government know that disabled people and their carers will be made explicitly worse off by their measures.

[Emily Thornberry]

If one looks at clause 8 in the round, it is about the review of the benefit cap. It says:

“The Secretary of State must at least once in each Parliament review the sums specified”

and:

“The Secretary of State may, at any other time the Secretary of State considers appropriate, review the sums specified…to determine whether it is appropriate to increase or decrease any one or more of those sums.”

In deciding when to review, at some random time that he thinks appropriate, the Secretary of State can consider “other matters” he sees as “relevant”. That seems to give him absolute carte blanche to do what he likes with the benefit cap, whenever he likes and for whatever reason he likes. Does the Minister wish to give us some idea of what other matters the Secretary of State might consider relevant, what he might think appropriate or when he might decide to review the benefit cap?

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I will conclude on the amendments by reiterating that any review of a reduction in cap levels would be subject to a regulation passed under the affirmative procedure. Therefore, Parliament would have the opportunity to debate any revisions of the cap, providing further checks and balances in the process. I remind the Committee that the benefit cap is a key part of wider welfare reforms, so there is extensive debate on welfare reform. The revised cap levels are being set to create the work incentive that we have spoken about. The clause as drafted provides a better approach than that in the amendments and will allow for any future level of the cap to be set at an appropriate level. I ask the hon. Member for Bermondsey and Old Southwark to withdraw the amendment.

[Neil Coyle]

In light of the Minister’s commitment to provide more information, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 73, in clause 8, page 10, line 31, leave out paragraph (b) and insert—

“(b) The relationship between the level of the cap and average earnings, and

(c) Regional variations in the cost of housing.”—(Emily Thornberry.)

To remove the provision allowing the Secretary of State to set the level of the benefit cap by reference to “any other matters [he] considers relevant” and to instead require that the cap should be set by reference to average earnings and regional variations to adjust for differences in the cost of housing.

Question put, That the amendment be made.

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[Emily Thornberry]

The principle that we have such difficulties with in relation to clauses 9 and 10 can be encapsulated quite simply. For years, benefits have gone in attendance with need. The idea is that the welfare state should be a safety net, that it should be there for those who need it and that we should look first at need. I am not saying that we should have limitless amounts of benefits, but is important that those who are the most vulnerable are assisted.

Much has been said about the popularity of the measures, but if we look at public opinion, in a recent poll 88% of people upheld this British value: it is important to have a benefits system to provide a safety net to anyone who needs it. The clauses not only freeze social security benefits for a year; they do it for four years and they do it from now. We do not know what the state of our economy will be like in four years’ time. We do not know to what extent there may be inflation and who will be affected in what way. I will be brief because I am going to rely on the good sense of the Joseph Rowntree Foundation, which stated:

“While this will make a significant contribution to progress with eliminating the deficit (assuming inflation returns to the target level), it is likely to have a serious detrimental impact upon working-age households reliant upon state support to top-up their income”.

It is serious, and the Joseph Rowntree Foundation recommends:

“Retention of the annual review of benefit levels to allow the Chancellor to link strong economic performance with the maintenance of living standards at the bottom end of the income spectrum”.

If the Government really mean that no one should be left behind and that we are all in it together, we should all be in it together. If the economy picks up, why would those on benefits be four years behind? It is a simple point. They talk about fairness. Here is an opportunity to do something about it. The Chancellor should continue to have a flexible approach to uprating benefits to offset increased costs, particularly for essential goods and services. There is great concern about that.

The argument is that the welfare spend has got out of control and that we need to get back to a more sustainable type of welfare spending. Again, I rely on the Child Poverty Action Group’s excellent briefing, which points out what we all know: that in 1980 working-age welfare spending accounted for 8% of national spending, whereas now it is 13%. However, analysis by the Office for Budget Responsibility questions whether spending on social security is in fact increasing at an unsustainable rate. As the evidence shows, spending on welfare as a percentage of GDP remained reasonably steady until 2008. The OBR finds that the largest contribution to the increase since them was the uprating of state pensions, rather than working-age welfare spending.

In case anybody did not know this, the poor are getting poorer. With this freezing of benefits for four years, they will continue to get poorer. We need to go into this with our eyes open. Government Members should not support the clause without allowing an annual review, so that we can see what is fair. Are we prepared to leave the poorest and most marginalised behind, while the rest of the economy does or does not do well? We are against these two clauses.

[Neil Coyle]

Amendment 95 and 96 are in my name. In the interests of time, I will be as brief as possible. I hope there will be an opportunity to come back to these issues on Report if my questions are not answered. Fundamentally, this comes back to the same issue. Disabled people are directly affected by this measure—in particular, by ESA. This is about the full component, not just the £30 support group component. The full ESA payment needs to be taken into consideration, and we have concerns about those who are directly affected. The real question is about the Conservative manifesto commitment. Page 28 of the manifesto states:

“We will freeze working age benefits for two years from April 2016, with exemptions for disability and pensioner benefits”.

The amendments would help to ensure that that manifesto commitment is delivered. I hope to come back to this issue on Report if it is not dealt with sooner.

[The Exchequer Secretary to the Treasury (Damian Hinds)]

Things have accelerated, Mr Owen.

It is a pleasure to respond to this concatenated set of amendments. As these are probably the last words that will be said in this Committee before we break for the party conferences, I want to pay tribute to the hon. Member for Stretford and Urmston and the right hon. Member for East Ham, who is my cloakroom neighbour. They are both impassioned campaigners whose dedication and intentions can never be doubted. They will be very much missed from this Committee. Of course, we warmly welcome the hon. Member for Islington South and Finsbury to her new position.

This has been a full debate on a range of important issues. In responding to the amendments, I will reiterate the rationale behind our proposed changes and set out why we are not persuaded that the amendments should be accepted. However, before I do so, I want to recap the purpose of the Bill and in particular clauses 9 and 10.

The Bill seeks to move this country from a low-wage, high-tax and high-welfare society, to a higher-wage, lower-tax and less welfare-reliant one. That means ensuring that work always pays and focusing support on those on the very lowest incomes. Crucially, it means ensuring that the system is fair to those who pay for it, as well as those who benefit from it. Combined with the national living wage and the changes to the income tax personal allowance, the summer Budget ensured that a typical family working full time on the national living wage will be better off by the end of the Parliament, with eight out of 10 working households better off by 2017-18.

The Bill builds on this Government’s achievements in delivering for working people, whether that is the 1,000 jobs created every day—2 million since 2010—the 2.9% growth in wages this year, a 9% increase in total hours worked since 2010, or the fact that, according to the OBR, living standards are projected to be higher in 2015 than in any previous year. These clauses, which freeze the main rates of working-age benefits, child benefit and the majority of tax credits, are a central element of the Bill and are key to this Government’s ambition of putting welfare on a fairer and more sustainable footing. The exemptions for benefits, which help with the additional costs of disability, ensure that we continue to protect the most vulnerable.

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Without the freeze, deeper cuts would be needed elsewhere. The Government have a clear mandate to reduce spending by £12 billion. The amendments would be a rejection of that mandate and of the will of the public. Those considering supporting the amendments would need to be clear on where those extra savings might come from, whether from departmental budgets or from deeper cuts to other benefits. Those who support the amendments also need to consider fairness to those who pay for the system. Since the financial crisis began in 2008, average weekly earnings have risen by 12%, whereas most working-age, out-of-work benefits, such as jobseeker’s allowance, have risen by 21% or more.

[Neil Coyle]

I have one quick point about those who contribute. Some of the benefits that we are discussing, employment support allowance in particular, are paid to those who contributed to the system when they have been able to work. It is deeply unfair and unjust to suggest that this is somehow about protecting those who work and do the right thing when the very people that we seek to support have contributed and have then developed health conditions.

[Damian Hinds]

The hon. Gentleman is absolutely right that people in receipt of a number of benefits will have contributed to the system. It remains the case that we fund benefits out of current contributions. It remains the case that we have a budget deficit of 5% of national income. It remains the case that we need to get that down to start paying down the national debt. In order to do that, we need to find £12 billion of welfare savings.

The freeze has been extended to four years due to the current low-inflationary environment to ensure that it makes a significant contribution to the £12 billion reduction that I just mentioned. When originally announced as a two-year freeze, it was forecast to save £3 billion and to lead to a real-terms reduction in benefit rates of 4%. Due to the current environment, it would now save less than £1 billion. The Government have therefore extended the freeze to ensure that it generates at least the same level of savings, and more, than announced last autumn.

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[Damian Hinds]

I will be delighted to. I was explaining why what was originally a two-year freeze has been extended to a four-year freeze because of the current low-inflationary environment and the need to make the savings that form a substantial part of the £12 billion that we have been discussing.

While the Government have a clear mandate for the reforms, it is imperative that we protect the most vulnerable. We are protecting pensioners, with pension credit, the pension additions in other benefits, and the basic state pensions—they are all excluded from the freeze. We are also exempting benefits relating to the additional costs of disability, such as attendance allowance, disability living allowance, and personal independence payments. We have exempted the support group component of ESA, the limited capability for work and work-related activity component of universal credit, as well as additions and premiums in JSA, ESA and tax credits related to disability. Statutory payments, including statutory maternity, paternity and adoption pay, statutory shared parental pay and statutory sick pay are also all exempt. Those exemptions ensure that the most vulnerable in society are protected from the benefit freeze.

Let me speak directly for a moment to amendments 95 and 96, which seek to exempt disabled people from the freeze by ensuring that any of the relevant sums of working-age benefits and tax credits are increased in line with inflation, if they are claimed by a person who is disabled. In bringing forward our policy to freeze benefits and tax credits, we have been extremely mindful of the protections that we believe it is right to put in place to support the most vulnerable.

We are exempting all the benefits relating to additional costs of disability, as I just listed. Similarly, we are protecting the disability premiums and additions in working-age benefits, tax credits and pension-age benefits. The support group component in employment and support allowance and the limited capability for work and work-related activity element of universal credit are also protected. Those elements are paid to those with the most severe work-limiting health conditions in recognition of the fact that they are less likely to be able to increase their income by moving into work and may have additional needs as a result. Those are vital protections alongside the very acute need to make savings.

[Neil Coyle]

The Minister is accepting that the majority of the payment received by disabled people in the employment and support allowance group who are judged unfit to work—full stop—will not be protected. He is making the Prime Minister’s commitment to protect disabled people false. Of the payment of roughly £100 that those people would be expected to receive, £30 or so will be protected, whereas £70 will not. Will the Minister confirm that that is accurate?

[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.

[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.

[Neil Coyle]

Will the Minister give way?

[Damian Hinds]

Will the hon. Gentleman forgive me if I do not, just in the interests of time?

Most people with disabilities and health conditions want to work and we will support them to prepare them for work and to move closer to the labour market, and when they are ready, to move back into work. We believe that the freeze is a necessary and fair way of putting welfare spending on a more sustainable footing, but that it is vital to offer protection to the most vulnerable. The best way of doing that is by supporting people who can to move closer to the labour market and by continuing to protect those benefits relating to the additional costs of disability.

[Neil Coyle]

Let me try a different tack. Does the Minister expect this range of cuts to be as successful as the last set of cuts, which were projected to save billions on ESA and DLA but actually resulted in higher spending of £10 billion?

[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.