§ Earl Russellasked Her Majesty's Government:
Further to paragraph 17 of the consultation paper Housing Benefit Sanctions and Anti-social Behaviour, what meaning they attach to the phrase "any sanction must take proper account of people's circumstances"; and whether they believe these words require them to discover what alternative source of legal income is open to those so sanctioned.[H L3173]
§ The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham)Any determination of anti-social behaviour, which could lead to a housing benefit sanction, would be based on the facts of the particular case and would include consideration of a family's circumstances for the purpose of deciding whether to apply a lower rate sanction on grounds of hardship.
§ Earl Russellasked Her Majesty's Government:
Further to paragraph 17 of the consultation paper Housing Benefit Sanctions and Anti-social Behaviour, whether the phrase "behaviour that the claimant could reasonably have been expected to control" applies to the behaviour of tenants' children over the age of 18. [HL3174]
§ Baroness Hollis of HeighamWe propose that a sanction might be applied to a tenant's housing benefit in response to anti-social behaviour by the tenant. by any member of their household, or visitor to their household, regardless of age.
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§ Earl Russellasked Her Majesty's Government:
Whether, before introducing housing benefit sanctions, they will consult the Children's Society about the possibility that parents may evict children whom they cannot control; and what would be the response to such evictions. [HL3175]
§ Baroness Hollis of HeighamWe welcome the views of any organisation or individual on these proposals. We have sent a copy of the consultation paper to the Children's Society.
If any children leave home in these circumstances, they will have access to the same help and support as any other children who are homeless.
§ Earl Russellasked Her Majesty's Government:
Further to paragraph 17 of the consultation paper Housing Benefit Sanctions and Anti-social Behaviour, whether they will consult the Attorney-General about the developing interpretation of Article 3 of the European Convention on Human Rights; and whether they will ask him to keep this under review. [HL3176]
§ Baroness Hollis of HeighamWe take advice as necessary on matters relating to the European Convention on Human Rights, but it is not the practice of Her Majesty's Government to disclose the sources of their legal advice.
§ Earl Russellasked Her Majesty's Government:
Further to paragraph 18 of the consultation paper Housing Benefit Sanctions and Anti-social Behaviour, whether their definition of hardship rests on any medical evidence. [HL3177]
§ Baroness Hollis of HeighamWe will set out detailed proposals in the light of responses to the consultation. The exact test of hardship is yet to be decided. Criteria for applying a lower sanction in other benefits include, for example, the presence in the family of a person who is pregnant or seriously ill.
§ Earl Russellasked Her Majesty's Government:
How they intend to ensure that the proposals in paragraphs 23 and 24 of the consultation paper Housing Benefit Sanctions and Anti-social Behaviour are compatible with Article 6 of the European Convention on Human Rights. [HL3178]
§ Baroness Hollis of HeighamIt would be the Government's intention to include such safeguards in any provision for sanctions to ensure their compatibility with Article 6. For example, a system to impose a sanction through an administrative process would therefore include the right of appeal to an independent and impartial tribunal established by law.
§ Earl Russellasked Her Majesty's Government:
Further to their consultation paper Housing Benefit Sanctions and Anti-social Behaviour, what rate of reduction of housing benefit is contemplated; and on what evidence this rate has been chosen. [HL3202]
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§ Baroness Hollis of HeighamAs we are consulting on these measures, we will wait for responses before setting out our detailed proposals. Sanctions in the income-related benefits normally involve a reduction by an amount equal to 40 per cent of the personal allowance for a single person, or 20 per cent for prescribed groups.
§ Earl Russellasked Her Majesty's Government:
What they estimate will be the reduction in housing benefit spending as a result of the sanctions set out in their consultation paper Housing Benefit Sanctions and Anti-social Behaviour; and [HL3203]
What is the extent of losses they estimate will be suffered by landlords as a result of housing benefits sanctions set out in their consultation paper Housing Benefit Sanctions and Anti-social Behaviour; and whether landlords will receive any compensation for these losses; and [HL3204]
What they estimate will be the effect of their proposals set out in their consultation paper Housing Benefit Sanctions and Anti-social Behaviour on the size of the pool of potential social landlords. [HL3205]
§ Baroness Hollis of HeighamOur intention is that sanctions will work as a deterrent to anti-social behaviour. In that case, they will be imposed in relatively few cases and the impact on housing benefit spending would therefore be minimal.
Our consultation includes representative groups of local government and housing associations, and individual local authorities and registered social landlords. We will consider the possible impact of the proposals in the light of responses to the consultation.
The impact of any sanction that is imposed would be to reduce the money available to the tenant, but it would not remove his duty to pay the rent. Sanctions are a longstanding feature of the benefit system. It is not the practice to compensate third parties when a person does not meet his financial commitments to them because his income is reduced by a sanction.