Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether posting a decision notice to close a claim for universal credit on an online journal to which the claimant no longer has access is consistent with the requirements of Regulations 7 and 51 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 on notifying claimants about decisions.
Answered by Lord Sharma
Claimants do have access to their journal after their Universal Credit award is terminated. It is read-access only but that does mean they can read the decision notice which explains that their award has been terminated and how the decision can be disputed under regulation 7. Posting the notice to the journal does comply with regulation 51 as in law it is still a “written notice of the decision”.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, for what reason a student maintenance loan is classed as income in respect of applications for universal credit.
Answered by Lord Sharma
I refer the honourable Member to the reply to UIN 179316 on 18 October.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what is the legal basis for her Department's guidance stating that universal credit claims should be closed one day after a claimant fails to attend a claimant commitment appointment.
Answered by Lord Sharma
The Welfare Reform Act 2012, Section 4(1) (e), states that it is a condition of entitlement to Universal Credit that a claimant accepts a Claimant Commitment.
Where a claimant has failed to attend an interview for the purposes of accepting a Claimant Commitment, their claim will be closed. We will notify the claimant that their claim has been closed and that they can phone or write to the Department to ask us to explain our decision and/or if they disagree with the decision, to ask us to look at the decision again.
After the Department has looked at decisions again, there is a process known as Mandatory Reconsideration which is where an application for revision of a Universal Credit decision is considered by a Decision Maker. If claimants still disagree with the outcome they can appeal to the First-tier Tribunal.
Should there be any indication that the claimant is vulnerable we will seek to understand why the claimant failed to attend, and to explain the consequences of not re-engaging immediately. We will seek to make contact with the claimant and give them the opportunity to show good reason for non-attendance.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what estimate she has made of the number of claimants moved from legacy benefits onto universal credit during the natural migration phase that are entitled to less monthly benefit on universal credit than the legacy benefits.
Answered by Lord Sharma
Claimants only move from existing benefits to Universal Credit through natural migration when they experience a significant change in their circumstances that triggers a new claim to benefit. Their entitlement is then calculated on the rules of their new benefit.
We are therefore unable to estimate whether their entitlement would be different under Universal Credit compared to legacy benefits.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what guidance her Department has issued to decision makers on closing claims for universal credit for non-attendance at appointments in relation to the (a) welfare and (b) safeguarding of children whose subsistence income needs are dependent on that claim.
Answered by Lord Sharma
Comprehensive guidance outlining the reasons to consider before closing a Universal Credit claim are available to all staff across the Jobcentre network. Universal Credit guidance is published in the House of Commons library and the Department is committed to refreshing this at regular intervals.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many people have moved on to universal credit during the natural migration phase without having a specific change of circumstance that would require a new claim for a legacy benefit.
Answered by Lord Sharma
Claimants only move from existing benefits to Universal Credit through natural migration when they experience a significant change in their circumstances that triggers a new claim to benefit. Their entitlement is then calculated on the rules of their new benefit.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if he will publish the guidance his Department has issued to jobcentre staff on the (a) evidence requirements for verifying capital for universal credit and (b) viewing of mobile banking on a claimant's mobile device.
Answered by Lord Sharma
Guidance that the Department has issued to staff on the evidence requirements for verifying capital for Universal Credit is in the House of Commons Library.
No guidance has been issued for viewing banking details on a claimant’s mobile device. It is the claimant’s responsibility to provide the correct information about their banking details.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what research her Department has undertaken into the universal credit claimant experience.
Answered by Lord Sharma
83% of claimants are satisfied with their experience in Universal Credit. The latest published claimant satisfaction survey can be found at https://www.gov.uk/government/publications/dwp-claimant-service-and-experience-survey-2016-to-2017.
Asked by: Laura Pidcock (Labour - North West Durham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what progress she has made on implementing the changes to the 2017 Personal Independence Payment Regulations advised by the High Court in December 2017.
Answered by Sarah Newton
On the 19th January, the Secretary of State for Work and Pensions announced that she would not appeal the High Court judgment regarding part of the 2017 amending regulations relating to eligibility to the Mobility Component of Personal Independence Payment. The Secretary of State also confirmed that the Department will implement the law on the mobility component, as set out in the MH Upper Tribunal judgment. The Department is now working at pace to make the necessary guidance changes, in order to implement the MH judgment safely and effectively.
For information on the indicative timescales for this, I refer the Hon. Member to a Frequently Asked Questions (FAQ) document that the Secretary of State has laid in the House Library (Deposit reference: DEP2018-0345).