HL Deb 18 June 1996 vol 573 cc235-7

(". In section 5 of the Social Security Administration Act 1992 (regulations about claims for and payments of benefit), after subsection (1)(r) insert— (s) for enabling requests for reasons for a determination affecting a claimant for housing benefit, and for a review of such a determination, to be made by an agent for the claimant." ").

The noble Earl said: The Committee will be relieved to hear that this amendment has nothing whatsoever to do with drafting. It is concerned with the use of agents to ask for determinations for housing benefit or to request a review on behalf of the claimant. There are many reasons why claimants may not be able to do that themselves. They may be extremely old or infirm; they may be ill; or they may have language difficulties. In all those situations, it may be easier for the claimant and the administrators, and, indeed, cheaper, quicker and more comfortable for all concerned, if the use of an agent is allowed. That may also apply for people with learning disabilities or with difficulties in communication.

I believe that it is a practical proposal. I hope that the Minister will consider it. I beg to move.

Lord Mackay of Ardbrecknish

Procedures are already in place to facilitate the arrangements which are the focus of this amendment. We in the Department of Social Security are not aware that these arrangements create difficulties for those who use them. Therefore I hope that the noble Earl can see that the amendment would mean an unnecessary addition to the statute book.

The appointment of an agent to deal with a specific issue arising out of a person's claim for benefit is a long-standing feature of the social security system. Typically, an agent may be appointed to collect the claimant's benefit payments if, for example, he or she is unable to get to the post office themselves. Where the issue in question is the basis on which a determination has been made or the scope for a review of that determination, the relevant information may be provided to a third party if the claimant consents. Where the request is made under the aegis of a reputable organisation such as a citizens advice bureau or a trade union, consent on the part of the claimant is assumed. In housing benefit, requests for a statement of reasons or review by an agent or representative simply have to be countersigned by the claimant. So there is no great bureaucratic structure surrounding the treatment of a representative whose aim is the resolution of a particular area of concern to the claimant. The aim is, of course, to sort out any problem to the satisfaction of the claimant while minimising the administrative burden on all concerned.

Where a person is unable to act on his or her own behalf through mental incapacity or some other cause, as in the case raised by the noble Earl, the Secretary of State has power under Section 5 of the Social Security Administration Act 1992 to deal with the problem. Regulations made under that power provide for a person to be appointed to act for the claimant. In such circumstances, the appointee stands in the shoes of the claimant in all respects. I hope that helps to address one of the issues raised by the noble Earl.

I am not sure whether the noble Earl has any specific problems. If he does, we should be interested in hearing them. However, we do not believe that there are any problems with this procedure of people acting as agents for others who for any reason cannot act on their own account. If there are any, we shall be happy to hear of them, examine them and try to refine the arrangements if necessary.

What worries me a little is that the one group that might benefit from the amendment, were it to stand, would be landlords seeking to take advantage of their tenants through the housing benefit scheme—in other words, setting themselves up as agents. I know that that is not in any way what the noble Earl intended, but it could be one of the consequences of an amendment like this. We already have the procedures in place in this area to deal with the kind of examples where somebody requires help from a third party. Given that assurance and explanation I hope the noble Earl can withdraw his amendment.

Earl Russell

I am grateful to the Minister for that very helpful reply. I take great pleasure in the fact that it is helpful. In recognition, nevertheless, that the subject continues to need thought, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Baroness Hollis of Heigham moved Amendment No. 255CJ: After Clause 108, insert the following new clause—