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Clause 3

Eligible persons
Mr. Browne: I beg to move amendment 4, in clause 3, page 2, line 17, leave out paragraph (b).
This is a simple, clarifying amendment. Clause 3 (1)(b) says that
“the person has a connection with the United Kingdom of a kind prescribed by regulations.”
Unless I have not fully understood the nature of those regulations, I am slightly uncomfortable with the vagueness of the phrase, “a connection with the United Kingdom”. I have connection with all kinds of countries without necessarily expecting to be eligible for financial support from them. Subsection (2) lists as specific criteria
“income support; employment and support allowance; jobseeker’s allowance”
and so on. There are seven different criteria of eligibility. If one were eligible under one or more of those seven criteria, one would imagine that one also had a connection with the UK. After all, one does not qualify for JSA in the UK if one has no connection with this country. Otherwise, there would be billions of people getting UK JSA. The point I seek to draw out in this amendment stems from the fact that I do not understand the need to specify the connection with the UK when it is implicit in the nature of the list of entitlements.
Ian Pearson: The amendment would remove the requirement that a person must have that connection with the UK to be eligible for the saving gateway account. As a result, any person entitled to a qualifying benefit or tax credits would be eligible. A person may, in certain circumstances, continue to be entitled to certain qualifying benefits and tax credits, even though they no longer live in the UK, provided they still satisfy all the other conditions for entitlement. While there are good reasons for them to be able to continue to claim their benefit or tax credit when they no longer live or work in the UK, we do not believe that that is the case for the saving gateway account. The connection with the UK that individuals need to be eligible for the saving gateway account will be set out in regulations. The relevant draft regulations have been published and I hope that they will be available shortly, if that is not already the case.
Very broadly, those who live or work in the UK, as well as being entitled to a qualifying benefit or tax credit, will be able to open a saving gateway account. That will also include Crown servants posted abroad and their partners, and people who are ordinarily resident in the UK but are temporarily absent. That is one reason why the legislation is phrased in that way. It will exclude, however, people claiming incapacity benefit, severe disablement allowance or contribution-based employment and support allowance who move out of the UK permanently, although they may still be able to claim the underlying benefit. It will also exclude people who are not ordinarily resident in the UK but who would otherwise be eligible for the saving gateway through a joint claim to one of the qualifying benefits or tax credits such as child tax credit.
I appreciate that this might be slightly complicated, but the key point is that that presents no problem for the vast majority of people who are ordinarily resident in the United Kingdom. We are trying to introduce a system that is as simple as possible. We think that Crown servants posted abroad should be entitled if they qualify, as should people who are ordinarily resident here but who are temporarily absent, perhaps because they are working or have activities abroad that take them there for a period of time. We do not think that people who are not ordinarily resident in the United Kingdom should be able to open a saving gateway account. That does not seem to us to be a very targeted use of taxpayers’ money. I hope that that clarifies the points that have emerged. The regulations, which I am sure we will consider in due course, explain this in more detail, and no doubt we will return to them later.
The Chairman: Order. Just in case any Member is not aware and in the light of the point of order raised by the hon. Member for Fareham, copies of those draft regulations are now available in the Room. Connection with the UK is addressed on page 5.
Mr. Browne: I am grateful to be made aware of that, Mr. Bercow. I do not doubt that it is possible to come up with a whole list of criteria and regulations which satisfy the drafters in the Minister’s Department. The concern often expressed is that it is very difficult for members of the public to understand who is, or is not, eligible for certain entitlements, and why they are not eligible when someone they know who appears to be in similar circumstance is eligible. This is typical work for an MP, both in their surgeries and in correspondence. It is strange to have a list of criteria, one or more item of which has to be satisfied, then come up with a separate category which is defined in regulation by another list of criteria.
This may be for the DWP rather than the Treasury, but quite a few people would find it strange that there are people claiming benefits who are essentially receiving money directly from the UK Government despite having no connection with the United Kingdom of a type laid out in the regulations. I think that most people would feel that if someone had no connection with the UK they should not be receiving the benefits listed in subsection (2). There may be co-ordinating criteria explaining why it is so much easier to get benefits than it is to open one of the new saving gateway accounts and why our taxes are being spent on people who have no connection whatsoever with the UK, but I sense the Economic Secretary is not keen to add the type of clarity that I would wish to see. On that basis, having made my point, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr. Hoban: I beg to move amendment 26, in clause 3, page 2, line 21, at beginning insert ‘income-based’.
The Chairman: With this it will be convenient to discuss amendment 27, in clause 3, page 2, line 22, at beginning insert ‘income-based’.
Mr. Hoban: These amendments relate to entitlement, which was alluded to in an earlier debate. They would insert the phrase “income-based” in subsection (2)(b) and (c). At the moment, employment and support allowance and jobseeker’s allowance can be claimed on either an income or on a contributions basis. We want to make sure—and the Economic Secretary made this point in his response to the amendment tabled by the hon. Member for Taunton—that the resources are targeted well and carefully on the demographic that we want to develop a saving habit. The hon. Member for South Thanet talked about MPs losing their seats in the next election and being able to claim contributions-based JSA, open a saving gateway account, then moving out. Perhaps the House authorities might take that into account and put it in a leaver’s pack for MPs at the next election. It is an example of people who could claim the contributions-based JSA, see the opportunity to put £600 into an account, and get £300 back from the Government. That is a good rate of return, and probably reflects a dead-weight cost. I think the second pilot was meant to reduce the income threshold so that people who were already saving or were in a position to save were not diverting savings from a different account to benefit from the 50 p in the pound match. The amendment seeks to narrow down eligibility to those who are claiming income-based JSA or employment and support allowance.
Mr. Browne: rose—
Dr. Ladyman: rose—
Mr. Hoban: I can sense that both hon. Members are desperate to intervene. I will give way to the hon. Member for Taunton first and then to the hon. Member for South Thanet.
Mr. Browne: I am grateful to the hon. Gentleman for giving way to me first. I understand his desire to try to reduce dead-weight costs, and I share that instinct. However, I am always concerned when the complication of any scheme acts as a disincentive preventing people from participating in it. In particular—obviously, I am making a generalisation—I am talking about people who are on low incomes and may not necessarily have saved in the past or be familiar with the mechanisms for saving. Is it not a worthwhile consideration, even it may slightly increase dead-weight costs, to make sure that people are not disincentivised to save because they find the systems intimidatingly complicated?
Mr. Hoban: I am not sure that I agree that that point applies to the design of the system, because we have already introduced some complexity, through the reference to whether someone is ordinarily resident in the UK. I do not think that is a huge increase in complexity, but I do think there is a need—and I would be grateful for the Minister’s comments on this, and it is partly why I tabled this amendment—to understand the demographics of the group claiming JSA on the basis of national insurance contributions. One of the points made in the evidence session last week by Teresa Perchard of the CAB, and by Brian Pomeroy as well, was that a high proportion of people who claim contributions-based JSA are on low incomes. They could, by virtue of the eligibility criteria, help to develop a savings culture through their entitlement to open a saving gateway account.
If the Minister says, “Yes, there is a high proportion of people in that demographic group claiming contributions-based JSA who are on low incomes, and it is right to enable them to acquire a savings gateway account”, I am quite content with that explanation. I am just probing the rationale for including contributions-based JSA, which would potentially allow quite a large number of people to open a saving gateway account even though they are outside the target demographic for this initiative.
Dr. Ladyman: I cannot recollect whether the hon. Gentleman was in the Chamber yesterday for DWP questions, but it was a recurrent theme among Conservative Members that there is insufficient difference between the benefits people get, having paid contributions all their lives, and the benefits they get if they had not paid any contributions when they became unemployed. It seems ironic that, if that is the view of the Conservative party, he should suggest that we should narrow again the difference between the benefits that people receive, whether they are claiming income-based JSA or contribution-based JSA. Not to make this benefit available to those who have made contributions would be very unpopular among Conservative Members.
Mr. Hoban: The hon. Gentleman makes an interesting point. It is certainly a point that has been raised with me by my constituents. I received a letter last week from someone who had paid national insurance contributions all their life. When they claimed JSA at £60 a week, because they were single, they wondered why they had bothered to pay for that benefit, and wondered what they got in return for their contributions. The hon. Gentleman makes a very important point, but we are trying to ensure that this initiative is well targeted. We should think about the potential leakage to people who are already saving, and we should ensure that our approach provides value for money. I tabled amendments 26 and 27, not simply to press them to a vote, but to obtain clarification from the Government about the impact of extending the measure to people who claim JSA on the basis of their contributions. It is a big part of the teasing-out process, which is important for scrutiny in the House.
11.45 am
One may argue that capping the contribution at £25 a month might reduce the extent to which the measure could be taken advantage of by people who have savings in other sources and who want to switch from an ISA or an instant-access savings account to a saving gateway account. Perhaps the Government’s objective is to try and broaden the eligibility criteria as far as possible, within reasonable boundaries, while preventing—I do not like the word “abuse”—people from taking advantage of it, by limiting the amount of money that they can pay into the account. That would be reasonable.
These are probing amendments. What will the impact be of enabling people who qualify for JSA based on their national insurance contributions to take up the saving gateway account? Are people who claim contributions-based JSA in the target demographic for the saving gateway account, as suggested in the evidence session last Tuesday? Those people do not have a history of saving and this would be a good way for them to acquire that savings culture.
Ian Pearson: I accept the probing nature of amendments 26 and 27, and I am happy to put the Government’s thinking on record. To summarise, we think that most people on contributory JSA would be moving from one low-income job to another. We do not have incredibly good data on that, but it is our strong view that that is the case. Given the advantages of passporting from qualifying benefits and tax credits in the Bill, it is the appropriate way to go. I shall provide the hon. Gentleman with a little more detail because, as he is aware, the amendments would restrict entitlement to individuals who are on the income-based forms of JSA and ESA.
I understand the points that the hon. Member for Fareham has made. Some contribution-based JSA and ESA claimants might have relatively high levels of savings, but we do not believe that it is the case. In any system of passporting, there are some rough edges. However, the advantages of passporting outweigh the disadvantages, particularly the fact that some people with relatively high savings might qualify. The fact that people will not be required to fill out a form or complete a means test to prove that they are eligible for a saving gateway account is an important part of the programme. As the hon. Gentleman rightly says, if we are talking about a small number of people who have relatively high levels of savings, the sort of incentives that the saving gateway will provide would not have a great attraction to them.
I would like to give a little more detail, starting with contribution-based JSA. Sharon Collard, of the personal finance research centre at the university of Bristol, told the Committee at last week’s evidence session that
“people moving off...JSA are unlikely to be moving into highly paid employment. We know that that is the case.”——[Official Report, Saving Gateway Accounts Public Bill Committee, 27 January 2009; c. 24, Q48.]
I would like to have better information on the numbers involved, but it does not seem to be available. We would be concerned that if contribution-based JSA were not a qualifying benefit, people who move in and out of work frequently and do not therefore move on to income-based JSA—we have good evidence about such people—would not be eligible for the saving gateway account. In October last year, the average time spent on JSA was 3.7 months, but most people will not move from contribution-based JSA to income-based JSA until they have been on JSA for about six months.
Inclusion of contribution-based JSA was supported by Teresa Perchard of Citizens Advice in last week’s evidence session. On the question of whether both income-based and contribution-based JSA should be qualifying benefits, she said:
“Sticking with broad availability for both groups is appropriate”.——[Official Report, Saving Gateway Accounts Public Bill Committee, 27 January 2009; c. 7, Q16.]
All the research and evidence points to that being the appropriate thing to do. Similar arguments apply to contribution-based ESA, so I do not need to rehearse them.
Finally, it is important to remember that many people who are entitled to both JSA and ESA on the basis of their national insurance contributions will meet the income and capital requirements for the income-based benefits. The amendment would penalise those people on the basis of the national insurance contributions that they had paid. That is another reason why the hon. Gentleman will want to withdraw the amendment, although he is right to raise the problem of potential dead-weight costs. I hope that my explanations have reassured him that while the policy has some rough edges it is a sensible way to proceed, compared with significant means-testing for all applicants.
 
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