My Lords, I am grateful to noble Lords for their contributions. Before I get stuck in, I say two things. First, I cannot believe that I failed to congratulate both the grandparents of old and the soon-to-be grandparents. I share in the joy that has arrived and is coming. I also take a moment to pay tribute to the millions of unpaid carers across the country—grandparents and many other kinds. This Government value carers very highly and we recognise the vital and valuable contribution that they make every day.
I turn to the carer’s allowance. When we came into government, it became clear that there were far too many cases where hard-working carers, on carer’s allowance, had been left with large overpayments to be repaid—sometimes worth thousands of pounds. As a result, the Secretary of State acted to commission an independent review of earnings-related overpayments of carer’s allowance to understand exactly what had gone wrong and to make the necessary improvements for the future. The review is well under way; in answer to my noble friend, we expect to receive the report from the independent review in the near future, possibly late summer—that is one of those nice, flexible, government seasons. I hope that it will be before we are all shivering in this Room rather than sweltering. We will publish the report and our initial response as soon as is practicable thereafter.
The Government set up the review because we are determined to deal with the problems that the system has created for carers. The Secretary of State is eagerly awaiting the report, and she will give the closest consideration to every recommendation. However, as the noble Viscount pointed out, no Government could commit in advance to implementing every recommendation of an independent review sight unseen. I suspect that, if I had announced today that I would be very happy to commit to every recommendation, the Committee might raise a sceptical eyebrow about the genuine independence of the review. In fact, I do not know what the review will say and therefore I am in no position to say what is going to happen or what the Government will do about it. Having gone to the trouble of commissioning it and picking somebody independent to do it—Liz Sayce—the Secretary of State will manifestly look carefully at what comes out.
To stop the use of the new debt recovery powers on any overpayments of carer’s allowance—as Amendment 124 would do—until each and every recommendation had been accepted and implemented would not be proportionate. Maybe I could reassure the Committee that the Government have not been treading water while waiting for the review; we have already taken steps to address the problems that carers have been experiencing. In response to the noble Viscount, letters are sent out with prominent statements about the need to let the DWP know about changes in circumstances, and we send texts to people following alerts about earnings payments from HMRC, again to encourage them to do that.
We have basically been reviewing all our communications to make it as easy as possible for carers to tell the DWP when there has been a change in their circumstances that might affect their carer’s allowance. Crucially, we introduced the largest increase in the earnings limit since carer’s allowance was introduced in 1976. The earnings limit is now 16 hours’ work at the national living wage, and over 60,000 more people will be able to receive carer’s allowance between 2025-26 and 2029-30.
There are safeguards and protections for those with overpayments, both in existing law and in the Bill, including review and appeal rights, affordable repayment plans and, in exceptional cases, waivers of the debt. Those safeguards ensure that all debtors, not just those with debts from claiming carer’s allowance, are protected.
I remind noble Lords that we are talking specifically about these debt recovery powers. As I have gone on about extensively, these are powers of last resort to be used only with debtors who are not on benefit, including carer’s allowance, and not on PAYE employment. They are to be used only with those who receive income via other means and who can afford to repay, but choose not to do so. This amendment would put people in that category in a better position than those who are on benefits or on PAYE.
Amendment 127, again because I cannot commit in advance to implementing the recommendations of the review, would be even more disproportionate, because it would delay the entire Bill from coming into force until that had happened. Given the benefits that the Bill is expected to deliver, not just in the social security system but in the public sector more widely, that cannot be proportionate. We know that billions of pounds are being lost to public sector fraud; delaying this Act coming into force would put at risk an estimated £1.5 billion of benefits over the next five years, as scored by the OBR. This would place pressure on the Government’s fiscal position and on taxpayers, who deserve to have the confidence that money is being spent by the Government reaching out to those who are entitled to it. The Bill introduces new and important safeguards, including independent oversight and new rights of review and appeal to ensure the proportionate and effective use of the powers. I believe that these protections are sufficient and that we do not need to wait for the outcome of the review simply to proceed with the rest of the Bill.
I also make the point that some of the measures in the Bill are crucial for preventing the types of errors that we found in relation to carer’s allowance. For example, the eligibility verification measure, although we are not proposing to use it in relation to carer’s allowance, will improve DWP’s access to important data to help verify entitlement, ensure that payments of the benefits it covers are correct, and prevent the build-up of large overpayments in those three key benefits. It is important that the DWP is equipped with the right tools.
I will comment on a few questions that were raised. The noble Lord, Lord Vaux, as so often, made an absolutely crucial point: this is a very unusual benefit. It is a cliff-edge benefit and, therefore, if somebody goes over it even slightly, for example on earnings, it can make a very significant overpayment appear. As the Chancellor said at the Budget, we do need to look at the current cliff-edge earnings rules. It might be that a taper, for example, could incentivise unpaid carers to do some work, and reduce the risk of significant overpayments. However, I need to manage expectations. Introducing a taper into carer’s allowance is not without its challenges and could complicate quite a straightforward benefit significantly. It would need a significant technical rebuild. The DWP has begun to do some scoping work to see whether an earnings taper in carer’s allowance might be a feasible option in the longer term. But that could take some years to come through: I ought to be clear about that.
The noble Viscount, Lord Younger, made some important points about understanding that there is a range of types of error that have arisen in relation to carer’s allowance. I remind the Committee that there is no recovery from carer’s allowance of official error: we are not talking about what is classed as official error. These are errors. I will have to look at the record, but it is possible that the figure that the noble Lord, Lord Palmer, mentioned related not just to overpayments about earnings but to all the overpayments in carer’s allowance. Perhaps he could clarify that at the end and, if I am wrong, I apologise and I will clarify that to him.
The reason that is important to clarify is that, looking back, from 2018-19 to 2023-24, there was a fluctuation in the number of overpayments. The values varied. The main cause of carer’s allowance overpayments is a claimant having earnings that exceed the permitted limit. In 2023-24, the causes of new overpayment cases referred to our debt management were as follows: 57% of cases related to earnings, which was a lower proportion than previously, when it was nearly 60%; 23.5% of cases were caused by a claimant who was not providing care any more; 3.1% were caused by breaks in care; 15.8% were for other reasons, which could be that the claimant was in prison, was in full-time education, was getting another benefit or had moved abroad, or the person being cared for had died. There was a range of reasons. So there is a range of reasons why somebody may be overpaid, not all of which are related to earnings.
The job of the Government is to use the benefits of the independent review and the insights it will give us to try to make sure that we make it as easy as possible for claimants to tell us when changes happen, so they do not make those mistakes. Also, we will look carefully at what other recommendations are made and we will do whatever we can that seems reasonable within the powers and resources we have to see how we can make this better. We have also made a number of steps already to try to improve things, including by sending out messages, communicating and raising that ceiling for earnings in the first place. Given all that, I hope that the noble Lord will feel able to withdraw his amendment.