'THINK' - December 2024 Edition

The Advice NI Policy & Information team is delighted to publish the December 2024 edition of our policy eNewsletter ‘THINK’.

Issue in Focus: Mitigations Extended For 3 Years

Welfare Mitigation Payments To Be Extended For Another Three Years

Mitigation payments which were due to end in March 2025 are to be extended for another three years. Most of the payments will run until the end of March 2028.

The projected funding requirement for the complete mitigations package for 2025/26 is £47.3 million which includes funding for the Universal Credit Contingency Fund, the advice sector and Social Supermarkets, as well as administration costs.

Minister Lyons also confirmed that ‘loopholes’ in the payments criteria which previously existed would not be reintroduced in the updated legislation.

DfC has a statutory obligation to produce an assessment of existing mitigation schemes by 31 March 2025. Minister Lyons also stated his intention to have the report laid before the Assembly by 31 December 2024.

The following Welfare Supplementary Payment schemes are currently in operation: Benefit Cap; Time Limiting of Contributory Employment and Support Allowance; Transition to Personal Independence Payment; Loss of Disability-Related Payments; Loss of Carer Payments; Social Sector Size Criteria.

Mitigations Extended

Advice NI Response to Mitigations Extension

Kevin Higgins, Head of Policy at Advice NI, stated:

Advice NI welcomes the 3 year extension of mitigations until March 2028. This is crucial in supporting the most vulnerable, specifically regarding the Benefit Cap. We are also pleased to see the commitment of Minister Lyons regarding the ‘loopholes’ in the payments criteria, which previously existed, would not be reintroduced in the updated legislation.

Advice NI looks forward to seeing the draft extension legislation as soon as possible.

Advice NI is also keen to see the assessment of existing mitigation schemes, which Minister Lyons stated will be laid before the Assembly by 31 December 2024.

Law Centre Comment on Mitigations Extension:

Law Centre NI is delighted that the Minister for Communities has extended the Welfare Supplementary Payment Schemes for another three years.

As proud convenor of the Cliff Edge Coalition, we thank all who have worked alongside us to make the case for extending these essential protections. This is a collective achievement involving many different organisations and indeed sectors.

The timing of this announcement is important. As the festive season and cold weather is upon us, we hope it brings some comfort to the people who receive these payments, knowing that this essential lifeline will not be taken away.

For the rest of this year and beyond into 2025, the Law Centre will continue to work with the Coalition to advocate for our 3 key asks:

Resolve the five-week wait for Universal Credit
Remove the two-child limit
Provide support for private renters affected by the Local Housing Allowance

Law Centre

Welfare Mitigations - Extension

Members' Statements: Northern Ireland Assembly

Ciara Ferguson Sinn Féin, 9 December 2024

I rise to welcome the announcement by the Minister for Communities that he has secured Executive agreement to extend welfare mitigations until March 2028. As Members know, the welfare mitigations were initially secured in 2016 to protect the most vulnerable in our society against Tory austerity…..

The Welfare Supplementary Payments (Amendment) Act 2022, which was brought forward by previous Communities Minister Deirdre Hargey, extended most of the mitigations until March 2025. It also extended the bedroom tax mitigation indefinitely, which ensured that over 37,000 social housing tenants were permanently protected…The Communities Committee discussed the issue at length, and there was broad agreement that the mitigations should be extended and a creeping concern that time was running out to have the extension in place before the 31 March deadline. It was in that context that the Committee for Communities agreed to table a motion calling on the Minister to extend the mitigations…..I call on the Minister to work at pace to ensure that all the required steps are completed as quickly as possible and the 31 March cliff edge is averted.

In addition to extending the existing mitigations, the Minister must outline the long-term plans for the existing welfare mitigations and consider what new mitigations might be needed. It is simply unsustainable to continue moving the deadline into the future without any plan on how to protect people permanently. That way, we will all be back here in 2028, trying to avert the next scheduled cliff edge.

Last week, the Committee received a briefing from the Cliff Edge Coalition. The Scottish Government recently took a positive step by announcing their intention to remove the two-child limit. That is the sort of radical action that we need here. The British Government need to follow suit and abolish the two-child limit.

Members Statement Mitigations Extension

Welfare Mitigation Schemes Statutory Report

The Department currently administers a number of Executive approved Welfare Supplementary Payment mitigation schemes which are designed to alleviate the impact of specific changes to social security benefits. These schemes are specific to Northern Ireland, and the Department has sole responsibility for the development and implementation of the policy and operational delivery.

The Welfare Supplementary Payments (Amendment) Act (Northern Ireland) 2022, which received Royal Assent on 27 April 2022, introduced a statutory requirement on the Department for Communities to produce a report setting out the Department’s assessment of the operation of each of the ongoing Welfare Supplementary Payment (WSP) schemes by 31 March 2025.

Welfare Mitigation Schemes Statutory Report

Social Policy News

£17 Million Allocated For Winter Fuel Support

Finance Minister Dr Caoimhe Archibald updated the Assembly on the October Monitoring round. £17 million has been allocated to the Department for Communities for winter fuel support.

October Monitoring Round Allocations
DfC Minister Statement

Increased Health Support For People In Receipt Of UC

Alliance Strangford MLA Kellie Armstrong has welcomed the news that free sight tests, along with free dental treatment and help with hospital travel costs, will finally be available for people in receipt of Universal Credit (UC).

Ms Armstrong said: “UC eyecare entitlement, denied to NI claimants since 2017, will at long last be brought into line with the rest of the UK.

The Department of Health policy lead on UC advised the All Party Group on Visual Impairment at Stormont on Monday (25 November) that realignment with the rest of the UK will happen within six months. This excellent news will be followed by a six-week public consultation that will lead, at long last, to the changes I have been fighting for years to achieve.

This means when changes are eventually introduced UC claimants who have no additional income will automatically get free sight tests, free dental check-ups and help with hospital transport costs. UC Claimants who have a monthly additional income over the UK-wide threshold of £438 will have reduced eyecare assistance…

Until the changes are introduced people in receipt of UC will still be required to hold an approved HC1 before they can receive free sight tests, dental treatment or help with travel costs.”

Increased Health Support

Department Publishes Findings From Bespoke Research Into Move To UC Non-Movers

Following extensive lobbying from Advice NI and the independent advice network the Department for Communities commissioned a bespoke research paper from the Department for Communities Analytics Division Research Team to help understand the key drivers of non-migration to Universal Credit, and to conclude, where possible, on the factors that influenced the decision of these customers not to migrate.

The report is extensive and we will look to share more detailed observations in due course, but for now we would highlight the following from the Executive Summary:

“While the Department’s handling of Move to UC did not act as impediment, aspects of UC policy and negative perceptions of the benefit may have contributed to customers choosing not to migrate. The data analysis shows that there is a clear correlation between Tax Credit award value and self-employment with non-migration to UC. Household status and Urban/ Rural living also had a correlation with non-migration, albeit to a lesser extent. The risk of customers with low value awards not migrating was a particular concern for the stakeholders we spoke with. They advised that in their experience, customers may not consider it worth their while claiming UC, only to receive a low monetary award, when that award is balanced against the additional administrative burden UC may place upon them.”

Move to UC Tax Credit Research

Poverty And The Benefit Cap

Members' Statements – in the Northern Ireland Assembly

Ciara Ferguson Sinn Féin 12:30, 25 November 2024

“Over 2,000 families here are shielded from the worst impacts of the cruel British Government austerity agenda by the current benefit cap mitigation.

Our Committee for Communities, therefore, pressed the Department on Thursday past on the need to secure and extend them. I commend colleagues in Advice NI, particularly its head of policy, Kevin Higgins, and the wider Cliff Edge Coalition on what their campaign has done so far to raise awareness of the looming deadline of 31 March 2025. Just last week, I and, I am sure, many in the Chamber attended several relevant discussions, including the launch of the Audit Committee's report on child poverty, a meeting with the Cliff Edge Coalition and an event on Thursday that the Trussell Trust organised.

Over one fifth of families here have three or more children. The cruel two-child limit, therefore, has a particularly disproportionate impact on our families and contributes to scandalous levels of child poverty…..The Minister for Communities must urgently clarify whether he will extend and strengthen the current mitigation package, including the benefit cap mitigation, before 31 March. The Department should also outline what recent engagement the Minister has had with the Trussell Trust, Advice NI and the Cliff Edge Coalition. I am calling, once again, for the urgent publication of the anti-poverty strategy and for the protection of our existing mitigations.”

Poverty & the Benefit Cap Member’s Statement

Handling Of Child Poverty Was "Catalogue of Failures" Says Assembly Committee

The Assembly’s Public Accounts Committee (PAC) has described the Department for Communities’ handling of the Child Poverty Strategy as a ‘catalogue of failures’, saying children and families were not at its heart. See ‘Reports’ section in this edition of Think, for article and link to report.

An extensive list of the Strategy’s shortcomings is set out in PAC’s report, along with 11 recommendations which the Committee wants to see reflected in a new cross-departmental plan to tackle child poverty.

The Committee recognises the important role of the Community and Voluntary Sector in supporting those in need and is calling for greater partnership working between it and Executive Departments to ensure that the needs of children are met in the development of a new anti-poverty strategy.

The PAC has also recommended that a new draft Strategy includes an action plan with clearly-defined indicators, as well as measures and targets to quantify and reduce poverty – which should also address early intervention and prevention.

PAC Child Poverty

Free Training Opportunity For Advice NI Members

Advice NI have teamed up with Volunteer Now to provide Advice NI members & volunteers with two free training sessions on attracting, selecting, managing & motivating volunteers. Each training session can accommodate up to 25 participants, and you can sign up one or both sessions. A light lunch will be provided.

Attracting and Selecting Volunteers

What: This session covers key principles of volunteering, volunteer role planning – building blocks to success, marketing volunteer roles, recruitment campaign, and selecting the perfect match.
Who: Focus of this training is for those managing or involved in volunteering activities across the Independent Advice Network
Date: Wednesday 29 January
Time: 10.00am – 13.00pm
Location: Advice NI offices, training room, Purdy's Lane, Belfast
Register: Training

Legislation Changes and Case Law

The State Pension Debits And Credits (Revaluation) Order (NI) 2024

The Pensions Act (Northern Ireland) 2015 ("the 2015 Act") introduced a new
State Pension for people reaching State Pension age on or after 6th April 2016.
The 2015 Act also introduced changes to the arrangements for Pension Sharing
on Divorce.

The State Pension Debits and Credits (Revaluation) Order (Northern Ireland)
2024 revalues the resulting new State scheme pension debits and credits to reflect
price increases since the debit or credit was created.

This Order is made under section 130AD of the Administration Act which
provides that, where the Secretary of State makes an Order under section 148AD
of the Social Security Administration Act 1992 ("the 1992 Act") to increase the
rate of credits and debits in Great Britain, the Department may make
corresponding provision for Northern Ireland.

State Pension Debits and Credits Legislation

DfC Issues New Electronic Communications Direction

A new direction has been issued by the Department for Communities in Northern Ireland that adds Universal Credit and Maternity Allowance to the benefits in relation to which a claimant notification can be sent electronically following a death.

Coming into operation on 20 November 2024, the new direction amends the Social Security (Electronic Communications) (Consolidation) Direction (Northern Ireland) 2017 to mirror changes made in Great Britain last year.

Social Security (Electronic Communications) (Amendment) Direction (Northern Ireland) 2024

Amendment Of Industrial And Fair Employment Tribunal Rules

The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2024 establishes measures to ensure that the industrial tribunals run more effectively, the administrative burden to the system is reduced, so that workers and businesses can resolve their disputes swiftly. The measures include:

Allowing two or more claimants to make their claim on the same form if their claims give rise to related issues of fact or law or if it is otherwise reasonable for their claims to be made on the same form.
Giving tribunals more discretion over handling errors relating to discrepancies between early conciliation numbers on the claim form and those on the early conciliation certificate where it is in the interests of justice to do so.
Making changes to provide that reasonable notice be given to the parties of the date of a final hearing and that any final hearing may be listed with less than 14 days’ notice upon consent of the parties.

The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2024
Explanatory Memorandum

Application Of Required Period Condition In PIP Supersession

In a recent decision in the case of Department for Communities v DM, Commissioner Stockman has clarified that the required period condition – which means a PIP claimant must satisfy the conditions of entitlement for the three months preceding and the nine months after the prescribed date – must be applied in a supersession decision resulting in an increase in an award from the standard to enhanced rate.

Commissioner Stockman also emphasised the exception in paragraph 15 of Schedule 1 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 allowing for a supersession decision to be backdated by up to one month, or such longer period as may be allowed under regulation 36.

Department for Communities -v- DM (PIP) [2024] NICom 58
Tribunal erred in failing to account for required period in determining effective date of PIP supersession (paywall)

Interpretation Of ‘severe mental impairment’ In DLA Claim

Commissioner Mullan has ruled in DA v Department for Communities that the tribunal erred in law when it upheld the Department’s decision that the claimant did not meet the conditions under section 73(3)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992. In the Commissioner’s view, the tribunal did not give sufficient weight to evidence in relation to section 73(3)(b) (‘displays severe behavioural problems’) in its consideration of whether section 73(3)(a) (‘is severely mentally impaired’) applied.

DA v Department for Communities (DLA) [2024] NICom44
Claimant satisfied DLA ‘severe mental impairment’ mobility criteria on basis of evidence a tribunal had only accepted as satisfying ‘severe behavioural problems’ criteria (paywall)

Information Resources

Personal Independence Payment Statistics

The PIP Statistics Summary is released quarterly in the last week of February, May, August and November. The next publication will be released on 26 February 2025.

Main points include:

214,080 claimants were in receipt of PIP;
42% (90,090) were awarded the enhanced rate for both the daily living and mobility components; and
45% (96,950) have psychiatric disorders (mental illness) as the main disabling condition.

PIP Aug 24 Stats

Universal Credit Statistics - August 2024

This publication contains statistics on UC Northern Ireland from its commencement on 27th September 2017 until the end of August 2024.

The next phase of migration from legacy benefits to UC, known as 'Move to UC' started on the 16th October 2023. This will include customers in receipt of Income-based JSA, Income Support, Housing Benefit, Tax Credits, as well as Income related ESA customers who are also in receipt of Tax Credits.

Main points include::

169,150 households on the caseload, an increase of 4.9% from May 2024
197,780 individual claimants were on UC, an increase of 5.4% from May 2024
5,720 new households started claiming UC in August 2024
2,390 households completed their migration to UC from legacy benefits in August 2024, as part of the 'Move to UC' phase of migration, bringing the total number of migrated households to 23,220
£930 was the average monthly amount of UC paid to the 156,270 households in payment, an increase of £90 from August 2023
37,770 claimants were in the 'searching for work' conditionality regime, representing 19% of the caseload
51% (100,160) of claimants were in the 'no work requirements' conditionality regime

UC August 2024

Benefit Cap

The Benefit Cap is a limit on the total amount of benefit that working-age people can receive. From 31 May 2016, the amount a household could receive in benefit income was limited to £26,000/annum. On 7 November 2016, this threshold was lowered to £20,000/annum. On 1 April 2023 this was increased to £22.020/annum.

1,290 households had their benefits capped - an increase of 65% from 780 in August 2023;
the average amount capped was £53 per week

Benefit Cap Stats Aug 24

Evaluation Summary Of The Apply For PIP Digital Service

This report summarises the key findings from the evaluation to date. It includes evaluation of the impact of self-serve on registration, assessment referral and award volumes in the areas the service is available alongside the findings from qualitative research with customers to understand the experience of using the new application route.

PIP Digital Evaluation Summary

CPAG Resources And Information For People Advising Survivors Of Domestic Abuse

Info for advisers re: Domestic Abuse

House Of Commons Library Briefings

Reports

Means-Tested Support For People Approaching And Beyond State Pension Age

This IFS Pensions Review report sets out issues with the current means-tested benefit system for those approaching the state pension age and beyond.

IFS.org

Public Accounts Committee - Report On Child Poverty In Northern Ireland

From the Executive Summary:

Tackling poverty is a cross-cutting issue and therefore an Executive-wide responsibility…..The main aims of the Strategy were to reduce the number of children in poverty and to reduce the impact of poverty on children. It also contained four high level outcomes relating to economic wellbeing; learning and achievement; health; and safe, stable, secure environments. The Strategy ran from 2016-20 and was extended to May 2022, at which point it concluded. Since then, no strategies for child poverty or anti-poverty strategy have been in place.

A key aim of the Child Poverty Strategy was to "turn the curve" and reduce the number of children living in poverty, however there was little sustained improvement in poverty levels over its lifetime. Relative child poverty consistently hovered around 20 per cent, before rising to 24 per cent in 2022-23, while absolute child poverty fluctuated around 17 per cent before increasing to 19 per cent in 2022-23….

We consider that delivery of the Child Poverty Strategy has been characterised by failure - failure to turn the curve and reduce child poverty, failure to monitor outcomes effectively, failure of collective working and accountability, failure to engage with children and the community and voluntary sectors, and now a failure to produce a new anti-poverty strategy.

Report on Child Poverty in N.I.

JRF Report - Unlocking Benefits - Tackling Barriers For Disabled People Wanting To Work

There are 2 main routes to addressing the hardship facing people receiving work-related disability benefits. Firstly, increasing the adequacy of these benefits, which are vital lifelines for disabled people; and secondly, supporting disabled people who can work into the labour market.

This present policy report is focused on the second route. It proposes several reforms to work-related disability benefits and related employment support. JRF has designed these with input from disability equality charity Scope, informed by our new joint research published alongside this report. This involved in-depth discussions with and surveys of disabled people.

JRF Tackling Barriers for Disabled People

Consultations

Consultation On Review Of Eligibility Criteria For Free School Meals And Uniform Grants

The consultation will examine the number of children and young people who could benefit from free school meals and uniform grants. It also explores a range of options and models the impact of each option in terms of the number of additional pupils that could benefit and potential associated costs. The consultation seeks views on how the Department can use the funding available for free school meals and uniform grants.

Consultation closes Friday 14 February 2025.

NIdirect Consultation Information
Free School Meals and Uniform Grant Consultation Documents

Consultation On Gender Pay Gap Information Regulations

A consultation on proposed changes to Section 19 of the Employment Act (Northern Ireland) relating to the requirements for employers to publish information on the pay of male and female employees has been launched by DfC.

These requirements show whether there are differences in the pay of male and female employees, the Gender Pay Gap, and the consultation will look at employers within the public, private and voluntary sector and consult on requirements for employers with 250 employees and above.

The consultation will provide views and information to:

Identify Gender Pay Gaps;
Analyse the drivers behind them;
Explore the extent to which employers’ own policies and practices may have contributed to the gaps; and
Encourage employers to take remedial action.

The consultation will run from 25 November 2024 until 14 February 2025.

NIDirect Gender Consultation Information
Gender Consultation Documents

Pensioner Poverty Committee Inquiry

The wide-ranging inquiry will take stock of the impact of pensioner poverty and its potential mitigations, including on health, help with energy costs, and the costs that should be covered by the State Pension and other pension age benefits.

The inquiry will examine the following questions below. If you would like to submit evidence to the inquiry, please answer one or more of the questions below and send to workpencom@parliament.uk by 23.59 on Monday 6 January 2025.

A link to the response of Advice NI will be published in the January edition of Think
Pensioner Poverty Inquiry

Consultation On Policy Changes To The Social Fund Winter Fuel Payment Scheme

This consultation and draft report relate to policy changes to the Social Fund Winter Fuel Payment Scheme, to limit the annual Winter Fuel Payment in Northern Ireland to pensioners in receipt of Pension Credit or other means tested benefits. We would welcome any comments which you may have in terms of this EQIA and our preliminary recommendations with regards to measures to mitigate the adverse impacts.

The closing date for this consultation is 11.59pm, 2 March 2025.

WFS Consultation

Decriminalisation Of Rough Sleeping And Begging

The public is being asked for its views on proposals to decriminalise rough sleeping and begging. Justice Minister Naomi Long has published a consultation on the repeal of section 4 of the Vagrancy Act 1824 and section 3 of the Vagrancy (Ireland) Act 1847.

The consultation is seeking views on whether repeal of this legislation will leave any significant gaps in the criminal law, taking into account the range of other offences available to deal with public disorder, disorderly behaviour and harassment in public places.

Launching the public consultation, Justice Minister Naomi Long said: “I do not believe it is appropriate to criminalise people who are simply begging but who are not otherwise behaving in a way that would attract criminal sanction. I am fully aware that begging and rough sleeping are often linked to underlying issues, such as poverty, alcohol and drug addiction, poor mental health, sexual and domestic abuse, and family breakdown.

“These are complex and cross-cutting issues which require a multi-agency response of support rather than criminalising people under arcane laws simply because of their personal circumstances.”

Justice Minister launches consultation on decriminalisation of rough sleeping and begging

Funding Opportunities

Grants For Charities Working In Mental Health

Grants of up to £75,000 are available to charities and local authorities working in mental health.

The Wolfson Foundation provides funding for capital projects, with a particular focus on training, employment, and supported housing.

Projects should address at least one of the following aims:

increased access to services for new and existing users
improved quality and range of services
improved future sustainability of the organisation

Who can apply:

Registered or exempt charity (or equivalent) or a local authority. If applicable, should have at least a ‘Good’ rating from a regulator such as CQC or Ofsted.

Grants are typically awarded for new builds, refurbishments, or equipment.

Projects should include capital costs of at least £50,000, and have a shortfall in capital funding of at least £25,000.

There is a two-stage application process. The deadline for stage one applications is the 5th January 2025. Organisations successful at this stage will have until the 1st March 2025 to submit their full application.

For application details and specific projects/costs which are not eligible for funding from this programme:

Funding for Charities working in Mental Health

Micro Community Investment Fund

The fund will provide valuable investment for community initiatives making a difference in towns and villages across Northern Ireland. The fund will enable those organisations who are making the lives of others in their communities better, by improving their financial, physical, and mental wellbeing. You do not have to have a constitution to apply to this fund. We will discuss your project with you in advance of application if you do not have certain governance requirements for funding in place.

We want to support smaller, grassroots organisations delivering great work. Whilst groups with an income of up to £30,000 per annum are eligible to apply preference will be given to groups with an income of up to £10,000.

Community Investments available: Up to £1,500

We will support new or existing community initiatives that have a particular focus on addressing the challenges people are facing around the rising cost of living.

The Micro fund aims to support Community projects should focus on improving at least one of the following: Financial, Physical or Mental Wellbeing.

For themes that applications for funding must target, see here: Micro Fund Information
For more information: Micro Community Investment Fund

NI Assembly Questions

Cost Of Benefits Overpayments

AQW 17083/22-27 Mr Mark Durkan (SDLP - Foyle)

To ask the Minister for Communities, pursuant to AQW 5197/22-27, to detail the total estimated cost of benefit overpayments affecting approximately 87,505 claimants.

The total cost of benefit overpayments for these 87,505 claimants is £245.2m.

Child DLA - Autism

AQW 16975/22-27 Mr Robbie Butler (UUP - Lagan Valley)

To ask the Minister for Communities to detail (i) what the Disability Living Allowance assessor guidance states in relation to decision-making of an award in regard to autism and other forms of neurodivergence; and (ii) how this impacts the decisions made on applications.

My Department uses the Department for Work and Pensions’ Child Medical Guidance which provides guidance on the most common medical conditions relevant to DLA claims for children. This resource includes extensive guidance in relation to autism and other forms of neurodivergence and is available to read using this link.

Disability Living Allowance decision makers use the guidance when determining eligibility to ensure that the potential impact of autism and other forms of neurodivergence on an individual is recognised. The guidance is a key resource for DLA decision makers in supporting consistent and accurate decision-making.

PIP

AQO 1211/22-27 Mr Maurice Bradley (DUP - East Londonderry)

To ask the Minister for Communities whether his Department has considered issuing a permanent award of Personal Independence Payments or Disability Living Allowance, that is not subject to review, to a claimant who is living with a condition that will not improve.

The rules governing PIP provide that it is to be awarded for a fixed term except where the Department considers that a fixed term award would be inappropriate.

The rules governing Disability Living Allowance provide that awards may be made either for a fixed period or for an indefinite period.

PIP recipients who have a progressive condition, who have been awarded the highest level of PIP and whose needs are unlikely to change, receive an on-going award with only a ‘light touch’ review after 10 years. This approach also applies to people who are over State Pension Age and in receipt of any rate of PIP.

Children in receipt of DLA who have a progressive condition and whose needs are unlikely to change will be awarded the benefit until age 17.

Those over State Pension Age in receipt of DLA will receive an indefinite award, which is only subject to review if there has been a change in the person’s condition.

Universal Credit

AQO 1198/22-27 Ms Sian Mulholland (APNI - North Antrim)

To ask the Minister for Communities, further to the announcement in the Autumn Budget of a new Fair Repayment Rate to reduce Universal Credit deductions from 25 per cent to 15 per cent, will he consider going further and introduce a minimum income floor to ensure claimants can still afford to pay for essential items.

I welcome the Chancellor’s announcement.

The combined impact of the Fair Repayment Rate reduction along with the current Benefit Cap mitigation means that UC claimants in NI with deductions will keep a minimum of 85% of their UC personal allowance – a key recommendation of the recently published Joseph Rowntree report “A protective minimum floor in Universal Credit”.

In terms of a minimum income floor, this already exists within Universal Credit and is only relevant to the calculation of self-employed earnings.

Pension Credit

AQO 1057/22-27 Mr Andy Allen MBE (UUP - East Belfast)

To ask the Minister for Communities for an update on his engagement with His Majesty's Government regarding changes to the eligibility criteria for Pension Credit.

I, and my Executive colleagues, wrote to the Prime Minister, Sir Keir Starmer, on 30 August urging an immediate review of the Pension Credit threshold, following the UK Government’s changes to the Winter Fuel Payment Scheme.

I believe that the eligibility criteria for Pension Credit should be reviewed to ensure more low-income pensioner households, who are not financially secure can access Pension Credit.
Liz Kendall MP, Secretary of State for Work and Pensions responded on behalf of the Prime Minister in a letter dated 4 October, which I received on 24 October, stating that the UK Government is prioritising support for those who need it most, supporting pensioners on low incomes, and helping all pensioners through their commitment to the triple lock.

I understand that at present there are no immediate plans to change the eligibility criteria for Pension Credit.

I am committed to doing all I can to support pensioners who are on a low income, and I will continue to urge the UK Government to review the financial support available through the social security system.

Boiler Replacement Scheme - Update

Mr Stewart asked the Minister for Communities to provide an update on the boiler replacement scheme, previously delivered by the Northern Ireland Housing Executive. (AQO 1204/22-27)

Mr Lyons: On 21 September 2023, owing to budgetary constraints, my Department announced the closure of the boiler replacement scheme. Prior to that decision, the scheme had seen a significant decrease in the number of enquiries and application forms received in the previous two financial years. It was therefore decided to consolidate resources in the affordable warmth scheme. That scheme is open for applications, and the business case covers it to run until March 2026. The scheme includes providing grants for boilers and central heating systems.
I have allocated an opening budget of £7·175 million for the scheme to cover £5·2 million of approvals carried forward and £1·975 million for new approvals in this financial year. My Department is undertaking an equality impact assessment on its budget, and the Department of Finance has confirmed the outcome of the October monitoring round. My officials are working through the process to determine allocations.

Mr Stewart: I thank the Minister for his answer. He correctly referred to the success of the previous boiler replacement scheme and the importance of getting a new scheme in place, which he has done. The Minister will know that many people are unable to avail themselves of that scheme because of its criteria. Does he agree that we need to help those on low incomes, who are in danger of falling into fuel poverty? What more can he do to extend the application criteria?

Mr Lyons: The Member is absolutely right, and that is why any new scheme will be considered in the light of what came before and also the success of the scheme that is in place…in the next number of weeks, I will launch a consultation on a new fuel poverty strategy that will outline options for the way forward. It is vital that we do more and invest earlier….

Mr Kingston: Will the Minister update us on the progress that has been made on the Northern Ireland fuel poverty strategy?

Mr Lyons: In the next number of days, I will launch a public consultation on the draft fuel poverty strategy to provide a long-term framework to reduce fuel poverty, recognising that it will have positive impacts on mental and physical health, especially for the most vulnerable in our society. The fuel poverty strategy proposes an ambitious vision of a warm, healthy home for everyone, underpinned by the guiding principles of long-term, sustainable solutions, a needs-based approach and collective and participative working. It will focus on making homes more energy-efficient in order to address the root causes of fuel poverty and reduce the poor health outcomes associated with cold homes. It will also address how to support those living in or at risk of fuel poverty, improve consumer protection and include proposals for a new fuel poverty energy efficiency scheme.

https://aims.niassembly.gov.uk/officialreport/report.aspx?&eveDate=2024-11-26&docID=418424#AQO%201204/22-27

Parliamentary Questions

AI

UIN 12976 Mr Tanmanjeet Singh Dhesi, Labour

To ask the Secretary of State for Work and Pensions, what steps they are taking to use (a) artificial intelligence and (b) data to help increase their Department's productivity.

Andrew Western, Labour

DWP is committed to improving its productivity, including through artificial intelligence and effective use of data.

The department is safely accelerating our use of AI to make a real difference for both employees and citizens. We test the feasibility of using AI technology to address business problems using an iterative, test-and-learn approach. We are exploring how AI and innovation can improve DWP’s ability to respond at pace and provide a more personalised and seamless experience for customers. An AI Delivery Board oversees DWP’s use of AI, assuring that it is safe, ethical, and transparent.

The DWP Data Strategy sets out the department’s vision, principles, and priorities, to provide a clear path to enable us to become a data-driven organisation for the greater public good. Aligned with organisational goals, it focuses on delivering excellent services, improving outcomes, reducing costs, and building trust. It will enable DWP to:

Improve the quality, availability, and accessibility of our data.
Enhance our data capabilities, skills, and culture.
Strengthen our data governance, ethics, and security.
Promote data collaboration and innovation.
Leverage data assets for informed decision-making and policy.

With improved access to data and products, DWP will be able to make better and faster decisions. Using data to make better automated and human decisions will improve efficiency, effectiveness and our citizens’ experiences. Increased accuracy of data will support faster local decision making, based on insight on local operational pressures and local citizens’ needs. This will support DWP to reduce fraud and error incidents and improve and modernise citizen services. Business areas will be able to use data to better support citizens by making the right decision quickly and reducing burden.

Within the work of the Department's Service Modernisation Programme, opportunities to harness the potential of AI and maximise our use of data will form central parts of wider activity aimed at modernising and improving the service we provide.

Written Answers

PIP Assessment Centres

PIP Assessment Centres Jim Shannon DUP, Strangford

To ask the Secretary of State for Work and Pensions, what steps she is taking to ensure the accessibility of PIP assessment centres for people with disabilities.

Stephen Timms The Minister of State, Department for Work and Pensions

The Department for Work and Pensions (DWP) takes its responsibility to ensure all individuals have access to our services without disadvantage very seriously. We have a range of provisions in place to ensure assessments are accessible to all individuals, in line with the standards under the Equality Act 2010.

At all stages of the claim, individuals are asked to advise of any individual restrictions which could prevent / limit their ability to attend an assessment centre. Assessment suppliers will accommodate these or, if more suitable, make alternative arrangements for the individual to visit a different assessment centre or be assessed via a different assessment channel.

Our agreement with the suppliers regarding accessibility of the assessment centres is detailed in Annex 2 - Design Standards of part 3 of the Functional Assessment Service contracts. This is available on GOV.UK contracts finder - Functional Assessment Service (FAS) 2024 - Contracts Finder.

PIP And Work Capability Assessment

PIP Richard Foord Liberal Democrat

To ask the Secretary of State for Work and Pensions, what criteria her Department uses to determine which Personal Independence Payment recipients need to have a regular work capability assessment.

Stephen Timms The Minister of State, Department for Work and Pensions

Personal Independence Payment is available to people with a long-term health condition or disability regardless of whether they are in work, training or education or not. As such, the PIP assessment looks at an individual’s ability to carry out a series of key everyday activities which are fundamental to living an independent life, such as their ability to prepare, cook and eat food, dress and undress, make budgeting decisions, manage and monitor their health condition, engage with other people, and plan and follow journeys.

The PIP assessment does not look at an individual’s capacity to undertake work or work-related activity. This is the purpose of the Work Capability Assessment which determines eligibility for Employment and Support Allowance and the additional health-related amount of Universal Credit.

PIP And Hospital Stays

PIP & Hospital Stays Ruth Cadbury Chair, Transport Committee

To ask the Secretary of State for Work and Pensions, what assessment she has made of the adequacy of financial support available to individuals in hospital whose personal independence payments are paused.

Stephen Timms The Minister of State, Department for Work and Pensions
Where an adult age 18 or over is maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or similar institution funded by the NHS, payment of (but not entitlement to) Personal Independence Payment (PIP) ceases after 28 days. This is on the basis that the NHS is responsible for not only the person’s medical care but also the entirety of their disability-related extra costs and to pay PIP in addition would be a duplication of public funds intended for the same purpose. Once someone is discharged from hospital, payment of PIP recommences from the date of discharge.

Entitlement and payment of the standard allowance of Universal Credit will not change if a customer goes into hospital for treatment and/ or care, regardless of the duration of the stay. If the customer has been found to have limited capacity for work or work-related activity, this element will continue to be paid alongside the Universal Credit standard allowance.

PIP And Neurological Conditions

PIP & Neurological Conditions Liz Saville-Roberts Plaid Cymru, Dwyfor Meirionnydd

To ask the Secretary of State for Work and Pensions, what recent assessment she has made of the adequacy of the accessibility of the assessment process for (a) Personal Independence Payments and (b) other disability benefits for people with (i) brain injury and (ii) neurological conditions.

To ask the Secretary of State for Work and Pensions, what assessment she has made of the equality of the consideration given in the assessment process for (a) Personal Independence Payments and (b) other disability benefits to (i) neurological, (ii) physical and (iii) psychological conditions.

Stephen Timms The Minister of State, Department for Work and Pensions

We take our responsibility to ensure all individuals have access to our services without disadvantage, very seriously. We have a range of provisions in place to ensure assessments are accessible to all individuals, including those with brain injury and neurological conditions, in line with the standards under the Equality Act 2010.

Health assessments are designed to treat all individuals with health conditions and impairments fairly. The assessment criteria take account of the impact of all impairments on an individual’s ability to carry out a broad range of everyday activities.

As part of the functional health assessment process, the feasibility of a paper-based assessment will always be considered in the first instance for all cases. Health professionals (HPs) may contact GPs, any named specialist medical professionals or the claimant if they need more information to undertake a paper-based review. In the circumstances that a paper-based review is not possible the claimant will be invited to an assessment. Before an invitation to assessment is sent, consideration will be given to claimants who need a specific assessment channel due to their health condition or circumstances.

Companions are encouraged to attend and can play an active role during the assessment. This is helpful for claimants with mental, cognitive, or intellectual impairments who may not be able to provide an accurate account of their condition, due to a lack of understanding or unrealistic expectations of their ability. Companions can join the telephony assessment, as they would have for a face-to-face assessment. All assessment suppliers have introduced the capacity for four-way calls for assessments. This means the claimant and the HP can be joined by a companion or advocate as well as an interpreter if required. This gives claimants the opportunity to have the appropriate support during a remote assessment.

Two Child Policy

2 Child Policy Baroness Ritchie of Downpatrick

To ask His Majesty's Government whether they have any plans to get rid of the two-child limit for eligibility for certain benefits.

Baroness Sherlock The Parliamentary Under-Secretary of State for Work and Pensions
While we cannot commit to changing the two child policy, tackling child poverty is at the heart of the Government’s mission to break down barriers to opportunity and improve the life chances of every child.

The Child Poverty Taskforce will explore how we can harness all available levers to reduce child poverty, including by listening to stakeholders on potential changes, before publishing a strategy in Spring 2025.

E-Visas

Seema Malhotra The Parliamentary Under-Secretary of State for the Home Department, Parliamentary Under-Secretary of State (Department for Education) (Equalities)

The Home Office is developing a border and immigration system that is more digital and streamlined. eVisas - which over 6 million people have been successfully using for several years - are a key part of this transformation and will enhance people’s experience and increase the immigration system’s security and efficiency. We understand that the move away from physical documents represents a change and that this will be a significant adjustment for many. For this reason, eVisas have, and continue to be, rolled out incrementally and with support available to help customers use the eVisa and online services. The majority of BRP cards are due to expire on 31st December 2024 and customers are being supported to move to eVisas. We welcome feedback on how we can improve our services and continue to support customers through the roll out.

For more information on:

Benefits of eVisas
Legacy Document Holders
Extending Use of Expiring Biometric Residence Permits [BRPs]
Support for Vulnerable People
Printed Documents
Technical Issues

Please see this link.

'THINK' - December 2024 Edition

Advice NI Response to Mitigations Extension

Law Centre Comment on Mitigations Extension:

Members' Statements: Northern Ireland Assembly Ciara Ferguson Sinn Féin, 9 December 2024

Welfare Mitigation Schemes Statutory Report

Members' Statements – in the Northern Ireland Assembly Ciara Ferguson Sinn Féin 12:30, 25 November 2024

Amendment Of Industrial And Fair Employment Tribunal Rules

Application Of Required Period Condition In PIP Supersession

Interpretation Of ‘severe mental impairment’ In DLA Claim

Consultation On Gender Pay Gap Information Regulations

Pensioner Poverty Committee Inquiry

Consultation On Policy Changes To The Social Fund Winter Fuel Payment Scheme

Decriminalisation Of Rough Sleeping And Begging

AQW 17083/22-27 Mr Mark Durkan (SDLP - Foyle)

AQW 16975/22-27 Mr Robbie Butler (UUP - Lagan Valley)

AQO 1211/22-27 Mr Maurice Bradley (DUP - East Londonderry)

AQO 1198/22-27 Ms Sian Mulholland (APNI - North Antrim)

AQO 1057/22-27 Mr Andy Allen MBE (UUP - East Belfast)

UIN 12976 Mr Tanmanjeet Singh Dhesi, Labour

PIP Assessment Centres Jim Shannon DUP, Strangford

PIP Richard Foord Liberal Democrat

PIP & Hospital Stays Ruth Cadbury Chair, Transport Committee

PIP & Neurological Conditions Liz Saville-Roberts Plaid Cymru, Dwyfor Meirionnydd

2 Child Policy Baroness Ritchie of Downpatrick

Seema Malhotra The Parliamentary Under-Secretary of State for the Home Department, Parliamentary Under-Secretary of State (Department for Education) (Equalities)

Members' Statements: Northern Ireland Assembly

Ciara Ferguson Sinn Féin, 9 December 2024

Members' Statements – in the Northern Ireland Assembly

Ciara Ferguson Sinn Féin 12:30, 25 November 2024