Motion to Annul

Part of Housing Benefit (Amendment) Regulations 2010 – in the House of Lords at 8:45 pm on 24 January 2011.

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Photo of Baroness Wilkins Baroness Wilkins Labour 8:45, 24 January 2011

As heralded by the noble Baroness, Lady Thomas, I will concentrate on the situation regarding disabled people. In recent years, disabled people have been given hope that we will achieve equality by 2025, but with these regulations we see yet again that the Government are imposing cuts that will disproportionately affect disabled people. That might not be the intention but it is the effect.

Disabled people are the group most likely to be dependent on benefits, so the most likely to be affected by these cuts. Only half of disabled people of working age are in work compared with 80 per cent of non-disabled people, and the poverty rate among disabled people is double that of the rest of the population. As we have heard, the likelihood is that significant numbers of people will be forced to move. Being one of the poorest groups, disabled people are more likely to face this threat than others. The Minister has repeatedly implied that this is no problem as people are constantly on the move. What understanding does the Minister have of what that means for disabled people?

First, for physically impaired people there is the major issue of finding accessible accommodation. The paucity of housing stock which meets disabled people's needs is a disgrace and far too little is being done about it. Not only that, the actual process of moving will be difficult for many who are physically disabled or who have mental illness. Secondly, disabled people are likely to be more reliant on informal support from neighbours, friends and family. These networks are built slowly and cannot be turned on and off like a tap. However, if disabled people are forced to move, the dislocation will inevitably mean increased isolation and result in more reliance on the statutory agencies and charities. Related to that is the fact that existing relationships with health and social services will be broken so there will be additional costs of re-assessment and re-establishing the support to be borne by the statutory services. What assessment has been made of what it will cost the state in forcing disabled people to move as a result of these regulations?

The Minister may say that the increase in discretionary housing payments will meet our concerns but the increase is nowhere near sufficient to support all those who need it. Disabled people will be only one of the vulnerable groups in need of this funding as Leonard Cheshire Disability has pointed out. On the brighter side, I welcome the Government's move to allow an extra bedroom for those who need an overnight carer. Cuts elsewhere will mean that this is not as beneficial as it sounds. RADAR has been contacted by Ann-not her real name-who was given housing benefit and the secondbedroom rate for a live-in carer. As a result, her mother bought a two-bedroom property with a mortgage for Ann and her live-in carer to rent. So far, so good, but Ann has had problems getting somebody to live in. As a result, the council reduced the second-bedroom rate to a first-bedroom rate on the ground that it was not the main residence of the live-in carer. Now Ann cannot pay her mother the rent that she owes, and so her mother cannot pay the mortgage. This has left both of them in extreme financial hardship and her mother now has to look after Ann at night as well.

The severe cuts being imposed on local authorities have resulted in some appalling decisions, with local authorities trying to cut overnight carers and forcing people to use incontinence pads instead. Such was the case last year when the former ballerina Elaine McDonald, who was not incontinent but just needed help getting to the loo, took the royal borough of Kensington and Chelsea to court when it imposed this cut. She lost the case. Does this mean that there will be an inevitable domino effect with cuts by social services resulting in the loss of the extra bedroom allowance? Will the Minister give the House an assurance that this will not be the case and that if a person is assessed as needing overnight care, they will receive the extra bedroom allowance?

I regret that the noble Lord, Lord Knight, will not press his Motions but I urge all noble Lords to support the Motion in the name of the noble Lord, Lord Best. Will the Minister agree to commission primary research to monitor and evaluate the impact on disabled people in particular within the year, given that disabled people are likely to be disproportionately affected by these cuts?

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