My Lords, I will speak to this group of amendments, and in particular in support of Amendment 69D, which would make pay to stay voluntary for local authorities.
The government argument for RTB for housing association tenants is the level playing field—or, as the noble Lord, Lord Porter, said, similar treatment of people on either side of the street. The Government have also proposed pay to stay, under which so-called high-earning council tenants outside London on £30,000 a year between them—£15,000 times two—were to pay a full market rent. But whereas for housing associations pay to stay is voluntary, for local authorities it is compulsory. We need the level playing field of the noble Lord, Lord Porter.
As the noble Lord, Lord Best, absolutely rightly said, whereas housing associations can retain any proceeds from this, local authorities must send theirs to the Exchequer. The reason for that, according to page 56 of the impact analysis, is that the policy of sending the proceeds to the Exchequer will help the Government “reduce the deficit”. Will the Minister tell us why council tenants have a special duty to reduce the deficit while housing association tenants do not?
Secondly, how does this interact with the 1% social rent reductions? Let us assume that a local authority family with two children on gross £30,000, net £24,000, income a year might now have a social rent of about £100 a week for a three-bedroom house. Social rents will be coming down 1% a year, while market rents will grow, it says, with overall private-rental inflation. So the gap between the two will therefore widen. With the push to market rents, if that family’s rent rose to £150 a week, they would get housing benefit; if it rose to £250 a week, their housing benefit would be £100 a week. Even the Government think that that is daft.
So the Government are now proposing, as the noble Lord, Lord Best, said, that rent increases should be tapered and should not apply to those on housing benefit. What would be the result? As the noble Lord, Lord Shipley asked, what family on housing benefit would increase their pay and lose their housing benefit firewall? Work incentives would be badly damaged. Fraud would certainly increase—and, incidentally, contaminate HMRC records. Part-time work would move into the grey economy and couples would come to more informal living and financial arrangements, and so on. In a single-parent household, with an adult son living there, what happens to adult non-dependent deductions? Around
25% of their income is taken into account in determining HB. The son may move out—and then there lurks the threat of the bedroom tax.
And how—I am puzzled by this—will all this interlock with universal credit? If you are on HB, you will not be paying market rent; but what happens if you are on universal credit? The Government say, in their consultation exercise, that they will consider the links to UC “in due course”. That is very odd. DCLG is treating housing benefit and universal credit as two separate streams of benefit. Having sorted HB, they will turn to UC. But of course, as the Minister must know—and I am sure that she does—UC is absorbing HB. UC will be based on monthly real-time information. Pay to stay—ultimately part of UC; whether the Minister or the department are fully aware of this or not, I do not know—will be based on out-of-date tax records, perhaps one year behind. So UC will be based on real-time information on a monthly basis, and housing benefit on the taper will be based on records perhaps a year out of date.
The effect for the tenant of the 20% taper on the move to market rent takes UC withdrawal rates—and there is not a word about this anywhere in the impact analysis, needless to say—from up around 73p in the pound, which is already a high work disincentive, as the noble Lord, Lord Shipley, said, to 93p in the pound. As a result of this, you work for 7p an hour. Would any of your Lordships do that? This really screws UC. There is not much point in rolling out UC—which I very much support and which was based on improving work incentives, which I very much support—if you return to pre-UC deduction rates, keeping just 7p in the pound.
Let us turn away from the effect on tenants to the effect on local authorities—again, as mentioned by the noble Lord, Lord Shipley. At the moment, tenants coming forward for housing benefit know that their finances will be scrutinised—of course they will be; it is an income-related benefit. But in future, as far as I can see, local authorities will need blanket information from HMRC on every adult living in a council home not already on HB, reversing separate taxation and matching it by household and address, in order to increase their rent on an individual, tailored basis. So, if you go down the street mentioned by the noble Lord, Lord Porter, almost every tenant could pay a different rent, personally tailored, for the same kind of property—or worse, based on out-of-date details of their previous year’s income.
At the moment, because rents are standard in local authorities, HB is fixed for the most part for 12 months at a time, apart from major reportable changes of circumstance. Yet even now, local authorities are unable to deliver HB as speedily as they would wish, while losing more and more staff because of their 40% cuts. Given, as we found with tax credits, that income fluctuates quite markedly over the course of the year with overtime, commission, children’s school holidays and periods of sick pay, will the tenants’ pay-to-stay rent fluctuate by the month alongside their income?
If it does not fluctuate, or the Government rely on end-of-year HB adjustments, tenants will find it impossible to avoid debt, arrears, poverty and probably eviction.
But if it does fluctuate monthly, the local authority will find—as with tax credits—that the pay-to-stay rent it charges on a monthly basis is always a couple of notifications behind the facts and will never catch up. It will be a nightmare. As local authorities said in response to the very perfunctory consultation exercise as reported by the Government, their systems are not designed to do any of this. The Government breezily say that they can keep their administrative costs. But the system will crash—constantly.
Then, any extra rent goes to the Treasury. Local authorities already have the power to pursue an individual on more than £60,000 a year for a rent rise—what we call the Bob Crow amendment—if they see fit. But the last thing they will want to do is proceed with mass investigations of almost every council tenant—some will be on HB; those who are not will need to be investigated—at huge administration and probity costs. This is almost literally another poll tax. And the sums at the end of all this go not to local authorities but to the Exchequer.
Only local authority tenants, not housing association tenants, are being levied to fund huge discounts under the voluntary deal. Only local authorities, not housing associations, are required to pursue market rents. Only council tenants, not housing association tenants, may see their UC taper rise from 73p to 93p in the pound so that poorer council tenants get less financial support than the housing association tenant on the other side of the street of the noble Lord, Lord Porter, while having an identical property, identical family and identical income. Finally, only local authorities, not housing associations, are required to send the proceeds to HMT. Local authorities have become the whipping boy at every point in the Bill. Yet local authorities are publicly elected, fully accountable and entirely transparent bodies, open to the public and the press. None of that is true of even the best-run housing associations.
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Finally, I turn to the implications for HMRC. The Chancellor has been very clear in the past—it was repeated today in the fourth Question—about the need to protect taxpayer information. I understand that in 2016 he discouraged the Prime Minister from releasing his personal tax statements—which he was willing to do—because it would violate the principle of taxpayer confidentiality. In 2011, Dave Hartnett wrote to the Public Accounts Committee that,
“if taxpayers believe that their information may be disclosed, it will make it very much more difficult for us to collect tax”.
The Minister made the same point earlier today.
On 25 January 2016, David Gauke, the Treasury Minister, told the House of Commons:
“The principle of taxpayer confidentiality is not new. It has existed for as long as we have had a tax system”.
He added that to abandon it would reduce,
“the attractiveness of the UK as a place in which to do business”.—[Official Report, Commons, 25/1/16; col. 38.]
Yet the income of every adult living in council housing, not having come forward voluntarily for HB—a million or more people—may have to be disclosed by HMRC to local authorities. By 2017, perhaps 200,000 tenants will be paying to stay.
The administrative and security logistics are absolutely frightening. The administrative complexity of a taper doubles the problem. As we try to move on to monthly housing benefit adjustments in line with income which, in turn, determines the rent people are expected to pay, the consequences for families of computer failures will be far worse than any that we have seen with tax credits. Is it possible to conceive of a more open goal for computer collapse than that?
Never before will there have been such a mass transfer of data. Such was the ferocity of the confidentiality rule that when I was a Minister, 15 years ago, my DWP team, which was chasing errant, absentee fathers for maintenance, was allowed only about 20 interrogations of the Inland Revenue a month—and this was between fellow government departments. But at least the transactions for HB are between two public bodies: HMRC and local authorities. Now, housing associations, whose tenants’ housing benefit is handled by local authorities, and which insist they are private bodies, would, if they introduced this policy, have access to taxpayer information on all their tenants.
Worse still, many local authorities will expect to use the private companies they already employ for housing administration—Serco, Capita, Liberata—to handle this. These are commercial, profit-seeking companies, which do not always have a good record in competence or confidentiality. For example, I understand from its website that Liberata, a private, commercial company, handles data for North Somerset, Bromley, Hillingdon and Hounslow, Redcar and Cleveland and Barrow-in-Furness, among others.
I understand, from HMRC sources, that, for the first time ever in the history of the Inland Revenue, private commercial companies will be handling the gold dust of confidential taxpayer information on thousands and thousands of council tenants. I do not believe that it will not be abused. Perhaps it will be quietly sold on to insurance companies, pay-day loan companies, mail-order companies or wide-boy equity release companies. Who knows? Would any of your Lordships like their named, personal data swanning around such companies? Or is it only council tenants, refusing to buy their homes, who are going to be exposed in this way? Under the Bill, and pay to stay, they will have fewer legal and civil rights to privacy than any other section of our society. It is outrageous.