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Government uses ‘financial privilege’ in overturning seven Lords welfare reform defeats in Commons - rightsnet.org.uk

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Government uses ‘financial privilege’ in overturning seven Lords welfare reform defeats in Commons

Parliamentary procedure denies Lords right to further dissent

02 February, 2012

 

The government has used 'financial privilege' in overturning seven House of Lords defeats on amendments to the Welfare Reform Bill 2011 in the House of Commons.

The use of 'financial privilege', a parliamentary procedure that allows the Commons to make decisions unopposed on bills that have serious financial implications, has the effect that Lords will be unable to challenge the Commons decisions further.

Informing the House of Commons that he was going to ask the Reasons Committee to ascribe financial privilege as the reason for Commons opposition to the Lords amendments, Minister for Employment Chris Grayling said -

'It cannot be denied that we are in extremely difficult financial times, and that the government has no choice but to take measures to address the situation. Tackling the unsustainable rise in spending on benefits and tax credits, as part of the government’s overall deficit reduction strategy, is undeniably important. However, I emphasise that the affordability of the welfare system is just one objective of the reforms being introduced in the Bill.

We are making principled reforms that will finally tackle the trap of welfare dependency. Universal credit will ensure that work always pays, lifting 900,000 individuals out of poverty, including more than 350,000 children and about 550,000 working-age adults. The Bill will also deliver fairness for claimants and for the taxpayers who fund the system.... Finally, our reforms will radically simplify the system, ensuring that it is easier for claimants to understand and for staff to administer. Honourable Members should be clear that those are vital principles, of which financial considerations are only one part.'

The seven House of Lords amendments that were overturned in yesterday's Commons sitting were -

  • the extension of time-limiting of contributory employment and support allowance (ESA) from one to two years;
  • the exemption from time-limiting of contributory ESA for people being treated for cancer;
  • the retention of ESA in youth;
  • the exclusion of child benefit in calculating income for the purposes of the benefit cap;
  • a reduction in the 'cliff-edge' between the lower and higher disabled child additions under universal credit;
  • an exemption from the reduction in housing support for under-occupying social housing tenants where there is only one spare room and no suitable alternative accommodation; and
  • an exemption from payment of a fee for statutory maintenance services where a parent with care has taken all reasonable steps to come to a voluntary arrangement with the absent parent.

However, during the House of Commons debate, Minister for Employment Chris Grayling announced concessions on the benefit cap -

  • an exemption from the cap for people receiving the ESA support component;
  • access to Jobcentre Plus support and the Work Programme from April 2012 for families who will be affected by the cap when it is implemented in 2013;
  • a grace period of nine months for people who have been in work for at least 12 months and then lose their job ‘through no fault of their own’; and
  • transitional support through discretionary housing payments, with a fund of £80m for 2013/2014 and £50m for 2014/2015.

In addition, Minister for Disabled People Maria Miller announced a reduction in the proposed fee for statutory maintenance services to £20.

The House of Commons debate on the Welfare Reform Bill is available on Hansard.

See also Coalition overturns Lords amendments on welfare and bans further dissent on the Guardian website.

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Thoughts on a benefits cap - IFS

Thoughts on a benefits cap - The Institute for Fiscal Studies.

Type: Observations
Authors: Robert Joyce

This week, debate over the Government's Welfare Reform Bill has returned to the House of Commons. An element that has grabbed a lot of attention is the proposed benefit cap for working-age households (excluding those claiming Disability Living Allowance or Working Tax Credit), which will be set at £350 per week for childless single people and £500 per week for other households. This is now expected to affect about 67,000 households in Great Britain when implemented in 2013-14, reducing their benefit entitlement by an average of £83 per week and cutting the benefits bill by about £290 million in that year. To put this in context, other planned cuts to welfare spending amount to about £18 billion per year by the end of this parliament, and will affect millions of working-age benefit recipients.

How could households be in receipt of more than £500 per week in benefits? Put simply, they must have either a large number of children or high housing costs (or both). A couple with four children and no private income would be entitled to about £373 per week in Jobseeker's Allowance, Child Benefit and Child Tax Credit. If they paid rent of £127 per week or more (plausible rent levels for those who rent privately or are in social housing in London), a Housing Benefit claim to cover this would result in total benefit income of at least £500 per week. A smaller family could also be affected by the cap if they live in a particularly high-rent area such as London and consequently claim a large amount of Housing Benefit (for an example, a 3-bedroom household who rent privately can claim up to £340 per week in Housing Benefit to cover their rent). The Government's Impact Assessment estimates that 69% of households that will be affected have at least three children, and 54% live in Greater London (where rents are high).

So what will this policy achieve, apart from reducing state benefit payments to about 67,000 households with lots of children and/or high housing costs? The Government has said that it hopes there will be two forms of behavioural response: families may move to cheaper accommodation to reduce their housing costs, and/or take up paid work because their out-of-work benefit entitlement will have been reduced. A third possible form of behavioural response is in fertility rates, since the cap will effectively reduce state financial support for some large families (see here for previous IFS research on fertility and financial incentives). If this were the main intended impact, though, one would expect to see the policy affecting only new claimants of child-contingent benefits. A fourth possible behavioural impact is for fewer people to cohabit, since the benefits cap is to apply at the household level, and hence living apart could split benefits across households and mean that neither is subject to a cap. This 'couple penalty' is presumably something the Government would not be keen on, as it has said that it wishes to reduce couple penalties in the tax and benefit system.

Crucially, is a benefits cap the best approach to take to deal with benefit payments that the Government deems excessive? If it thinks that the benefit system is giving some families a level of entitlement that is too high, it must believe that some benefit rates are inappropriately high. The best-targeted response would surely be to change those benefit rates. In this particular case, the logic underlying the Government's belief that no family should receive more than £500 per week in benefits would point towards cutting the amount families receive for having large numbers of children and/or reducing the value of housing costs against which people can claim Housing Benefit.

The apparent simplicity of instead just placing a cap on total benefit receipt might look appealing, and may well be politically expedient. But it seems incoherent for a Government to set a system of benefits which it evidently thinks gives some families excessive entitlements, and to then attempt to 'right this wrong' with a cap. If starting from scratch, this is surely not the approach one should want to take. And very shortly the Government will be starting from scratch - its planned Universal Credit is to replace almost all of the existing system of means-tested benefits and tax credits for those of working age. If it has a view on the maximum reasonable level of benefit entitlement for these people, then it should design Universal Credit (and in particular, the child and housing cost additions within it) to reflect that view. It is not clear what is gained from instead layering a cap on top of a system that is designed to allow higher payments.

The approach of tweaking particular benefit rates, rather than imposing a post hoc cap on total benefit receipt, would also force the Government to think carefully about (and be explicit about) the features of the current benefits system that it considers inappropriate. Apart from improving the quality of its solution to the perceived problem, this may also improve the quality of wider debate about the issue. After all, it would make it crystal clear what precisely the debate is about.

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