Welfare Reform Bill

My Lords, first, I thank warmly all those who have taken part; it has been a helpful as well as a highly focused debate on the issue of underoccupancy and leads us usefully into some of the other debates that we are to face. I do not think that the Minister addressed the issues raised in full. My noble friend Lady Turner talked not just about the difference between stock and a home but about the need for local support, and so on, as you get older, and the fact that we may cut all the connections which the big society and localism are urging us to strengthen. We did not have a full reply to that. The noble Baronesses, Lady Thomas and Lady Wilkins, talked about the cost of adaptions to spare bedrooms. We will come to greater detail on that when we discuss disability issues. About two-thirds of those who are regarded as underoccupying by DWP criteria have a degree of disability. It will be difficult to decide where we draw the line. Then there was the issue of the difference in localities. The noble Lord, Lord Wigley, and my noble friend Lord Foulkes, as well as my noble friend Lady Hayter, in a powerful speech about Lambeth, showed that in each of these cases the stock was not there to deliver what the Minister seeks. I attempted to throw in some evidence from rural Norfolk. The division was between those of us who regard the definition of underoccupying that DWP proposes to adopt as targeting intrinsically—an opinion that I share—and those of us who say that if it is too tight, none the less the transitional arrangements are not sufficiently generous to make it possible even to move in that direction. Members of the coalition Government have raised the issue that we need discretionary money. There is not enough of it, as I am sure that the noble Lord, Lord German, will be aware. My local authority ran out half way through the year, and it was helping only a couple of dozen families. The noble Lord asked about exceptions, but we will have definitional problems there. He asked for transition time for stock balancing and made the point about bungalows, which is absolutely right. That will take a decade or more to achieve. On the point about unacceptable process made by the noble Lord, Lord Kirkwood, and the need for a safe transition process, frankly we will have had a further two social security Bills—as I would like to call them—in the intervening stage before we can address that. I found the Minister’s answer deeply disappointing. The two words that he was using were ““fair”” and ““choice””. I think he said that it was not fair that social tenants should have a spare bedroom when other people might not be able to afford such; that there should be better use of accommodation for families who are overcrowded; and that it was right that the social sector should continue to contribute £0.5 billion or so to the proposed expenditure cuts of £2 billion to housing benefit. As for better use, only about 5 per cent of housing benefit tenants are overcrowded. If we had the stock available to meet the requests of those who wish to move, we could probably meet that overcrowding today. As for the Minister’s point about home swap, frankly, under different labels, we have been doing that for decades. There is nothing new there, but I welcome the fact that the Minister is looking at room size. The key question is why the DWP is not accepting what I understand to be the DCLG definition. That means that on 2 April 2013, there will be a family in Norwich in bed-and-breakfast accommodation who have been lingering there for a couple of weeks, to the distress of the children, but technically they require two-bed accommodation if they are not immediately to find that their HB does not meet their rent. The local authority and the housing association, because we jointly have a choice-based letting system, only has three-bedroom houses available. Will the Minister tell me what we do? Do I say to that family that they must stay in an B&B for yet another fortnight or another three weeks until possibly the perfect fit of a two-bedroom property comes up in a place near where their children have started going to school, or do I say they can move into a three-bedroom house but that they have to take the hit? The local authority may help them with the first month or so, but after that they are on the own and will have arrears, and they may go back into the recycling of bed and breakfast accommodation. As someone who is intimately involved in this, I am afraid I know that that is what we will be facing on day two or day three after 1 April 2013, and the Minister must tell us what we say to that family: move into accommodation that is notionally too large, not by DCLG standards but by housing benefits standards, and pay the price, or stay put in bed and breakfast accommodation, with everything that we know happens to children in that situation and how damaging and stressful it is for the family concerned. The noble Lord emphasised that there are choices in what people can afford—there is no choice. His concept of fairness seems to run like this—I think this is how the syllogism worked. We start with a definition that is tight, in my view too tight, which requires 670,000 families to move, two-thirds of them with a degree of disability. Yet knowing that, we do not have the property, and we do not expect the tenants to move because they cannot. They have no choice. We then, thirdly, go on to fine them for something they can do nothing about. I do not believe in my wildest moments that the Minister would regard that as fair. It is not fair. We all know it is not fair. A transition arrangement would be fine if it is going to be long enough, but that takes time to adjust the stock, but it is not fair to punish people for something over which they have no power to change and in which they have no choice. I am hoping the Minister will rethink this because many of us feel very strongly indeed. There are various aspects of it that I perfectly well understand, such as the need to try to cap HB expenditure. We will come back to why that is happening, but it is certainly not because of this. It is happening, as the latest reports from the chartered institute and the property federation show, because of the increase from 49 per cent to 52 per cent of the case load in the local housing allowance in the south of England, which is more expensive with a higher number of claimants. It is nothing to do with this at all. I hope the Minister will run that when we come to that debate. Does he suggest that it is fair to punish tenants for something over which they have no choice, in a way that is antithetical in every other aspect of social security legislation of which I am aware? We sanction when people could and should change their behaviour. If they cannot, we do not; full stop. Yet with this the Minister breaches that profound principle to benefit policy in this country, and I deeply hope, because I know he is a decent man and I believe he genuinely holds to concepts of fairness here, that he will think again and hopefully be able to change his mind before we come back to this at Report. I beg leave to withdraw the amendment. Amendment 34A withdrawn. Amendment 35 Moved by