UK Parliament / Open data

Universal Credit (Transitional Provisions) Amendment Regulations 2022

My Lords, I am grateful to the noble Baroness, Lady Sherlock, for bringing forward this regret Motion, which highlights important issues arising from the continued managed migration from legacy benefits to universal credit, and I pay tribute to her detailed knowledge in this area. As she said, the Government removed the need for the DWP to return to Parliament after 10,000 claimants had been migrated to universal credit from legacy benefits without a full evaluation of the programme so far.

In supporting her Motion, I will raise three important concerns: the lack of safeguards for vulnerable claimants, as we have heard; transitional protection, given the evidence of adverse impact of technical issues on claimants; and lack of scrutiny by Parliament, removing the opportunity for MPs and Peers to challenge and question the process so far or to introduce any legislative changes thought necessary.

First, the impact on vulnerable people can be severe. Fifty per cent of claimants of legacy benefits are on employment support allowance, which is a benefit for people who have an illness or disability that prevents

them working. The process of claiming universal credit is difficult but for these people it presents a major challenge. The DWP plans to stop payment of legacy benefits to those who do not comply after three months; this is a significant sanction and could cause major distress, particularly to the most vulnerable claimants. The Government have removed the cap without publishing an evaluation. It seems essential that managed migration should be halted until an evaluation has been published.

Secondly, transitional protection is available only to those households that are migrated. There is evidence of the adverse impact of a number of technical issues on certain groups of claimants. For example, claimants will be better off if migrated after the annual uprating and worse off if migrated before. That is unfair and inequitable. People transferring from temporary to mainstream accommodation will have the housing cost element added to their universal credit. That will erode any transitional protection they may receive.

Carers, of all people, who give so much to our communities and who are entitled to the limited capability for work-related activity, will lose out on transitional protection, as the LCRWA full amount means that transitional protection is eroded by this element. Transitional protection comes to an end when joint claimants separate as a couple, even when a partner has died or left as the result of an abusive relationship. A full evaluation would enable these important issues to be reviewed and, where necessary, action to be taken to strengthen transitional protection. No claimant should be worse off at the point of transfer and vulnerable claimants need to be protected from the consequences of not coping with claims.

Thirdly, there is a lack of accountability to Parliament. As the Secondary Legislation Scrutiny Committee points out, insufficient detail has been provided for there to be confidence in the DWP’s capacity to carry out the full migration without detriment to claimants. The managed migration to universal credit is an enormous project. The volume of claimants alone is a cause of concern, in that failure to deliver competently could cause widespread distress and hardship to those claimants.

Of the 2.6 million people still on legacy benefits, up to half are vulnerable long-term claimants such as the sick or disabled. The DWP needs to provide stronger evidence of its competence to communicate with the most vulnerable claimants and of its capacity to transfer their claims without disruption to those payments. Parliament should not be excluded from this major project, the impact of which on the poorest and most disadvantaged people may be very serious. It is essential for MPs and Peers to exercise full scrutiny and accountability and that they are kept in full touch as the project is rolled out. We support the Motion.

About this proceeding contribution

Reference

824 cc1334-5 

Session

2022-23

Chamber / Committee

House of Lords chamber
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