Moved by
Lord Low of Dalston
58: After Clause 15, insert the following new Clause—
“Safeguarding of vulnerable claimants: guidance
(1) The Secretary of State shall issue statutory guidance for the safeguarding of vulnerable claimants in relation to any sanction, reduction of benefit, or disallowance of benefit (“the guidance”).
(2) The guidance shall incorporate all relevant provisions and operational protocols contained in the following Departmental operating guidance—
(a) procedural guidance within the Labour Market Conditions Guide;
(b) universal credit guidance for agents;
(c) Employment and Support Allowance (ESA) guidance for Jobcentres;
(d) ESA operational guidance for benefit delivery centres;
(e) ESA Incapacity Reference Guide;
(f) Core Visits Guide;
(g) Work Programme guidance;
(h) guidance for health professionals.
(3) The guidance shall specify—
(a) indicators of vulnerability and procedures for identification of vulnerable claimants;
(b) situations which may demonstrate good cause for inability to participate in a work-focused interview, undertake work-related activity, or attend mandatory Work Programmes or back-to-work schemes;
(c) where claimants must be referred for a Core Visit conducted by a Department for Work and Pensions (DWP) Visiting Officer;
(d) how to support claimants with additional or complex needs;
(e) liaison arrangements with mental health services where claimants are mental health service users;
(f) collaborative approaches through which DWP can work with independent advice and support bodies in assisting such claimants;
(g) who is responsible for ensuring that the guidance is complied with.
(4) “Vulnerability” and “vulnerable claimants” shall be taken to refer to individuals who are identified as having complex needs or requiring additional support to enable them to access DWP benefits and use DWP services.
(5) Complex needs may refer to difficult personal circumstances, life events, or health, disability or incapacity conditions that affect the ability of individuals to access DWP benefits and services.
(6) In issuing the guidance the Secretary of State shall ensure consistency of definitions, terminology and language in the guidance.
(7) The Secretary of State shall ensure that consistent principles, good practice and fairness in safeguarding procedures is applied across all types of benefit claims, including Jobseeker’s Allowance claims, and by all agents involved in the assessment and administration of benefits.
(8) The Secretary of State shall report to Parliament annually on the application of the guidance.”