Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, with reference to the report published on 6 December 2022 by the Joint Committee on Human Rights into the draft Bereavement Benefits (Remedial) Order 2022, what assessment he has made of the implications for his policies of (a) the Committee's disappointment that it does not take effect from the date of the original High Court decision from 2016 in the case of Siobhan McLaughlin and (b) the Committee's recommendation that the Government consider offering payments to cover claimants who will not receive benefits as a result of the cut-off date in the remedial order.
Answered by Mims Davies - Shadow Minister (Women)
The Department welcomes the JCHR report on the draft Bereavement Benefits (Remedial) Order 2022 and the Committee’s recommendation that the draft Order be approved. The draft Remedial Order proposes 30 August 2018 as the start date because that was when the incompatibility for Widowed Parents Allowance was accepted as final in the Supreme Court. It is not routine for Social Security changes to be made retrospectively, and to use an earlier date, or make additional payments via a new scheme, would bring extra administrative complexity and costs to the taxpayer.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, with reference to the Retained EU Law (Revocation and Reform) Bill, what plans they have to (a) revoke, (b) replace or (c) retain the Bauer [C-168/18] and Hampshire [C-17/17] judgements.
Answered by Laura Trott - Shadow Secretary of State for Education
The Government is considering how best to seamlessly implement the measures in the Retained EU Law (Revocation and Reform) Bill, and their impact on the Bauer and Hampshire judgments, whilst minimising the impact on the pension industry and members of occupational pension schemes.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, with reference to the Retained EU Law Bill, what plans he has to (a) replace, (b) revoke or (c) retain the Management of Health and Safety at Work Regulations 1999.
Answered by Mims Davies - Shadow Minister (Women)
The Management of Health and Safety at Work Regulations 1999, as amended, make explicit the implicit requirements to manage workplace health and safety in the Health and Safety at Work etc Act 1974. The Regulations outline employers’ duties to manage health and safety risks including risk assessment, risk control, health and safety arrangements, health surveillance, competent health and safety advice, procedures for serious and imminent danger and information for employees.
The Regulations implement a number of provisions of EU Directives and are subject to the Retained EU Law (Revocation and Reform) Bill 2022 (REUL Bill) currently passing through Parliament.
With the introduction of the REUL Bill, the Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the United Kingdom’s high standards of health and safety protection and continue to reduce burdens for business. HSE’s approach aligns closely with the Government’s pledge to do more for business to help promote growth by removing disproportionate burdens and simplifying the regulatory landscape. Our standards of health and safety protections are among the highest in the world. HSE will continue to review its retained EU Law to seek opportunities to reduce business burdens and promote growth without reducing health and safety standards.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether his Department has plans to (a) reform, (b) revoke or (c) retain the Health and Safety (Sharp Instruments in Healthcare) Regulations 2013.
Answered by Mims Davies - Shadow Minister (Women)
The Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 are concerned with the control of injury and infection risks to healthcare workers from needles, scalpels and other medical sharps.
As the regulations implement aspects of the European Council Directive 2010/32/EU (the Sharps Directive), not specifically addressed in existing GB health and safety legislation, they are subject to the Retained EU Law (Revocation and Reform) Bill 2022 (REUL Bill) currently passing through Parliament. With the introduction of the REUL Bill, the Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the UK’s high standards of health and safety protection and continue to reduce burdens for business. HSE’s approach aligns closely with the Government’s pledge to do more for business to help promote growth by removing disproportionate burdens and simplifying the regulatory landscape. Our standards of health and safety protections are among the highest in the world. HSE will continue to review its retained EU legislation to seek opportunities to reduce business burdens and promote growth without reducing health and safety standards.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether statutory parental pay will be uplifted in line with inflation from April 2023.
Answered by Mims Davies - Shadow Minister (Women)
The Secretary of State has completed his annual review of pensions and benefits. Subject to parliamentary approval, all statutory parental payments, including statutory maternity pay, will increase by September's CPI figure of 10.1% from April 2023. the new rate for statutory maternity pay will be £172.48.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many officials in her Department are working on Retained EU Law legislation, as (a) headcount and (b) Full Time Equivalent.
Answered by Alex Burghart - Shadow Chancellor of the Duchy of Lancaster
I refer the Hon. Member to the answer I gave to PQ 45646 on 23 September.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment she has made of the changes to the number of women claiming Statutory Maternity Pay returning to work within 39 weeks of giving birth in each of the last three years.
Answered by Baroness Prentis of Banbury
No assessment has been made of the changes to the number of women claiming Statutory Maternity Pay returning to work within 39 weeks of giving birth in each of the last three years.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment she has made of the adequacy of Statutory Maternity Pay rates in light of current levels of inflation.
Answered by Baroness Prentis of Banbury
The standard rate of SMP is reviewed annually, alongside state benefits, and is generally increased in line with the Consumer Prices Index (CPI). From April 2022 the standard rate of SMP increased to £156.66, in line with the September 2021 CPI rate of 3.1%.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
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 people who have been affected by the underpayment of benefits after transitioning from incapacity benefit to employment and support allowance in Walthamstow constituency.
Answered by Chloe Smith
I refer the hon. Member to the answer I gave on 19th January to question number 104377.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps her Department is taking to update health and safety guidance for employers to (a) reflect recent case law and (b) clarify that employers must carry out an individual risk assessment when notified that a woman is (i) pregnant, (ii) has given birth in the last six months or (iii) is breastfeeding.
Answered by Chloe Smith
The Health and Safety Executive (HSE) has noted new case law requiring employers to carry out individual risk assessments when notified a worker is pregnant, has given birth in the last 6 months or is breastfeeding. HSE is in the process of amending its guidance accordingly and will work with stakeholders and interested parties to communicate and promote the amended guidance to support employers in carrying out individual risk assessments.