Thread by @RuthFox01

In advance of the parliamentary debates next week on the introduction of a means test for the Winter Fuel Payment, the @UKHouseofLords Secondary Legislation Scrutiny Committee has published its report on the regulations and does not pull its punches! 1/

The Committee is "unconvinced by the reasons given for the urgency attached to laying these Regulations" & notes "It is generally regarded as poor practice to implement major policy changes during a Parliamentary recess". (the regs were laid on 22 August). 2/

The Govt says the Regulations need to come into force on the first day of the qualifying week, 16 September 2024, otherwise they would not be able to supersede the previous Regulations. 3/

The Committee suggests "it would surely have been possible to delay or remove the existing trigger date and then present the replacement scheme at a later date, which would have afforded greater time for scrutiny in Parliament and elsewhere." 4/

The Social Security Advisory Committee is legally required to consider benefit regulations, usually in advance of them being laid before Parliament. But Ministers have chosen an urgency route which means @The_SSAC scrutiny is retrospective. 5/

The Lords Committee has asked @DWPgovuk what would happen if @The_SSAC's report was adverse, when it can only be published after the regulations have come into force. It seems statements would be laid before Parliament but it is unclear what practical impact they would have. 6/

The Committee "found the Explanatory Memorandum (EM) lacking in information about the expected impact of the policy change". 7/

The EM "makes clear that the policy objective is to make savings to the public finances, estimated at £1.3 billion in 2024– 25 and around £1.5 billion in subsequent years, but does not explain the number of people affected on which that estimate is presumably based." 8/

The Cmtt is "concerned that the Regulations may cause potential inequalities between low income pensioners claiming benefits and low income pensioners not claiming benefits, and it is not clear whether DWP has assessed this risk." 9/

The Cmtt has been told by @DWPgovuk that its estimates for the number of Winter Fuel Payment claimants in 2024–25 assumes that take-up of Pension Credit will increase by 5 percentage points. 10/

The Committee suggests Ministers be asked what the cost (including administrative costs) of the estimated additional 5 percentage point take up in Pension Credit is expected to be. It is apparently not covered
in the Explanatory Memorandum. 11/

The Committee had some questions about the "practicalities" of bringing in the means-test change at short notice and was "surprised that the EM does not mention this aspect or even refer to the relevant page of the website that provides more detail." 12/Gov.uk

Due to delays in processing Pension Credit claims, the Cmtt suggests Ministers be asked whether the timetable "will provide claimants with sufficient reassurance that their Winter Fuel Payment will be paid, so that they feel confident to put their heating on when needed." 13/

Noting that energy bills are going up in October, the Committee suggests Ministers be asked whether they have taken account of the impact on pensioners of these two changes coinciding. Plus due to freezing of personal allowances more pensioners are paying income tax. 14/

So the Committee is concerned about the urgency which "precludes appropriate scrutiny and creates issues with the practicalities of bringing in the change at short notice." 15/

The Committee concludes "the policy seems to be being introduced at a pace that does not permit appropriate scrutiny, particularly given that key information is missing from the EM and the SSAC has not been preconsulted." 16/

I'd add that one set of amending regulations has already been produced because of errors found in the main Regulations after they were laid before Parliament on 22 August..... 17/

You can read the Secondary Legislation Scrutiny Committee's report in full - its on p19-22 of their weekly report. 18/ publications.parliament.uk/pa/ld5901/ldse…

We discuss the Winter Fuel Allowance regulations and next week's debate on the Regulations on this weeks episode of the @HansardSociety's Parliament Matters podcast. 19/ podfollow.com/parliamentmatt…

And we will have the latest updates on next week's parliamentary business in both the @HouseofCommons & @UKHouseofLords in our Parliament Matters Bulletin. Subscribe to our newsletter and get it straight to your inbox this weekend. 20/END
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