My Lords, I am grateful to the Minister for introducing these regulations so comprehensively and for setting out the scale of domestic violence, which sadly is prevalent in our society. As he says, the measure flows from the Welfare Reform Act 2009. I recall being pressed hard on some of the issues in which we engaged at that time.
I have a few questions for the Minister. I understood that he referred to a definition that included psychological pressure. However, the definition in the regulations states that, "““'domestic violence' means abuse of a kind specified on page 11 of section 2.2 of 'Responding to domestic abuse: a handbook for health professionals'””."
I raise that in particular because a cross-government consultation has been undertaken to look at a general definition of ““domestic violence”” that could be shared across all departments. I want to be clear about that. I am not sure whether I have missed anything, but that is what I understand the position to be.
Why does the measure apply only once in a 12-month period? Why is that a ““magic”” cut-off point and does it reflect reality? Why can it operate only when the victim, or potential victim, of domestic violence is not living at the same address as the alleged perpetrator? That seems to me to be a valid point, particularly as part of the rationale for the four-week and 13-week periods was to enable someone to look for alternative accommodation. They may have short-term accommodation in a refuge, but I am not sure that an individual would be able to move out of a house in all circumstances, particularly if the abuse is threatened rather than actual. I wonder why that constraint is included. How will the measure be carried into universal credit? I accept entirely what the Minister said about rationalising the two systems so that they operate more effectively, which I think includes the assurance that the measure will be carried forward into universal credit.
In a similar vein, there are provisions in the housing benefit regulations that allow housing benefit to continue to be paid—I think sometimes for two addresses—when someone has had to move out of accommodation because of domestic violence or a threat of domestic violence. Do we have an alignment of the definitions for those purposes so that the two concepts sit together? The reforms to legal aid will restrict access to representation in family court proceedings, which makes these provisions all the more important. As regards legal aid, there are concerns about the high level of evidence that has to be produced. I do not know whether the Minister can comment further on the type of evidence that it is envisaged will be needed to access the benefit of these easements. I was pleased that, as I understand it, after 13 weeks there can be, if necessary, a further 11 weeks under the domestic emergency provisions, after which someone should cease to be on JSA if they are traumatised and in difficulty because of these circumstances.
As I understand it, the cross-government consultation has not just looked at making sure that coercive control using power and psychological control is brought within the definition of domestic violence or threats of domestic violence but at the age cut-off point. Currently, the definition extends only to someone who is 18 or over and not to 16 or 17 year-olds. Clearly there could be some circumstances in which 16 or 17 year-olds come within the scope and are able to claim JSA. There is a mismatch here, and I wonder how it will be dealt with.
All in all, I am pleased that the regulations have been brought forward and I congratulate the Government. However, I would be grateful for the answers to my few questions.
Jobseeker's Allowance (Domestic Violence) (Amendment) Regulations 2012
Proceeding contribution from
Lord McKenzie of Luton
(Labour)
in the House of Lords on Monday, 27 February 2012.
It occurred during Debates on delegated legislation on Jobseeker's Allowance (Domestic Violence) (Amendment) Regulations 2012.
About this proceeding contribution
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735 c78-9GC Session
2010-12Chamber / Committee
House of Lords Grand CommitteeLibrarians' tools
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