Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps he is taking to prevent enforcement correspondence being issued by the Child Maintenance Service where maintenance has been paid early but outside the Service’s payment window.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Correspondence issued by the Child Maintenance Service (CMS) referencing enforcement action as being considered should only be issued if a customer has missed payments due and has fallen into arrears.
CMS is currently reviewing its processes to ensure that this principle is consistently applied and that such correspondence is not issued where payments have been made.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment he has made of the adequacy of enforcement correspondence issued by the Child Maintenance Service in cases involving very small arrears, including where that correspondence refers to bailiff action, licence removal and imprisonment.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service (CMS) missed payment and arrears notifications do reference potential enforcement action that can be considered, should a paying parent continue to miss or avoid making child maintenance payments. This is to ensure the paying parent fully understands the potential consequences if their non-compliance persists.
The notification also asks the paying parent to contact CMS immediately, so we can work with the parent paying to negotiate a sustainable and feasible repayment plan. For small arrears, payments can spread over an appropriate timescale negating the need for enforcement action. Only, where this is not possible will CMS consider the use of our wider enforcement powers.
CMS uses a small‑value threshold (de minimis) before taking certain enforcement actions. This is to make sure any charges to customers are fair and not excessive. Therefore, enforcement action is not likely to be taken against very small arrears.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, in what circumstances the Child Maintenance Service ceases to pursue historic child maintenance arrears.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance’s priority is to collect money owed to children who will benefit today, thereby preventing the build-up of arrears on the CMS.
The Child Maintenance Service has powers to write off historic Child Support Agency (CSA) and Child Maintenance Service debt in specific scenarios where it would be unfair or inappropriate to enforce liability, such as if the receiving parent tells us they no longer want us to collect the arrears or the paying parent is deceased and no further action can be taken to recover the arrears from the paying parent’s estate.
Powers introduced in 2018 allowed remaining Agency cases to be closed following the collection or write-off of historic arrears, as part of the closure of the scheme. All CSA arrears were at least five years old, with some CSA debt dating back much further. This was a one-off exercise, applying only to Agency debt.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps he is taking to ensure that Child Maintenance Service enforcement action is proportionate in cases involving (a) small and (b) short-term arrears.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
In cases where arrears are outstanding, the Child Maintenance Service (CMS) proactively seek to negotiate with the paying parent a feasible and affordable repayment plan, taking into account the individual circumstances of each case. For small arrears payments can be spread over an appropriate timescale negating the need for enforcement action.
Each enforcement decision and action taken by CMS considers the welfare of all parties, potential financial hardship of paying parents, to ensure any associated charges for the customer are commensurate and not seen as punitive to give the greatest chance of securing money for children. CMS is committed to using these powers fairly and in the best interests of children and separated families.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what impact assessment his Department has made on the effect of current apprenticeship visa duration requirements on (a) young migrants educated in the UK, (b) individuals on private or family life routes, and (c) young people who have resided in the UK for over ten years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The apprenticeship funding rules are reviewed each year. They are applied to all apprentices and potential apprentices consistently. The Department does not hold the data requested.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether the apprenticeship funding rules have been reviewed to reflect the operation of section 3C leave under the Immigration Act 1971, which ensures lawful and uninterrupted permission to work for individuals transitioning to Indefinite Leave to Remain during the course of an apprenticeship.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The apprenticeship funding rules are reviewed each year. Currently providers are not permitted to start learners on apprenticeships if they are unable to complete the apprenticeship within the time available. For example, because their visa will expire, or because they have a fixed-term contract that is shorter than the duration of the apprenticeship. This applies to all learners including UK nationals (whose contract will expire) and foreign nationals (whose visa will expire). The rules do not differentiate between those on different visas.
This rule ensures that learners can complete an apprenticeship within the time they have available, including the end-point assessment. It ensures that public funds are protected and prevents investment in someone who is ultimately unable to complete their course, for example, because their circumstances have changed and they are not able to extend their residency. The rule is in place to protect public funds where continued residency rights are not certain.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
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 ensure that people with a serious or terminal diagnosis are not required to repay benefit overpayments that arose due to official error, particularly in cases in which the claimant notified the Department promptly that they believed they were receiving benefits to which they were not entitled.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
All DWP colleagues are trained to support our most vulnerable customers and have access to a wide range of guidance to support them.
DWP will always strive to set affordable and sustainable repayment plans and encourages customers to make contact if they are unable to afford the proposed repayment rate.
People with a serious or terminal diagnosis can request that DWP cease recovery of their overpayment. This is a waiver request and details for claimants can be found here in Chapter 8 of this link : Benefit overpayment recovery guide - GOV.UK.
Claimants can also request mandatory reconsiderations and have the right to appeal overpayment decisions. This link sets out the path for this: Challenge a benefit decision (mandatory reconsideration): Eligibility - GOV.UK
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps he is taking to ensure that reasonable adjustments for people with mental health conditions recommended through Access to Work are delivered in a timely manner; and what steps he is taking to reduce waiting times for support.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
Access to Work supports workplace adjustments that go beyond what would normally be expected from an employer through their duty to provide reasonable adjustments as outlined in the Equality Act 2010, including for mental health conditions.
As set out in the Pathways to Work Green Paper, we are reforming Access to Work to improve the scheme so that it helps more disabled people and people with health conditions, including mental health conditions, into and on in work.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps his Department is taking to ensure that people with mental health conditions receive reasonable adjustments under Access to Work on an equal basis with those whose disabilities arise from physical health conditions.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
Access to Work supports workplace adjustments that go beyond what would normally be expected from an employer through their duty to provide reasonable adjustments as outlined in the Equality Act 2010, including for mental health conditions.
As set out in the Pathways to Work Green Paper, we are reforming Access to Work to improve the scheme so that it helps more disabled people and people with health conditions, including mental health conditions, into and on in work.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps he is taking to support private-sector employers implement reasonable adjustments recommended through Access to Work for staff with mental health conditions.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
Access to Work supports workplace adjustments that go beyond what would normally be expected from an employer through their duty to provide reasonable adjustments as outlined in the Equality Act 2010, including for mental health conditions.
As set out in the Pathways to Work Green Paper, we are reforming Access to Work to improve the scheme so that it helps more disabled people and people with health conditions, including mental health conditions, into and on in work.