Written questions by Franklin.

What assessment he has made of the potential impact of the freeze on Local Housing Allowance on levels of poverty among older private renters.

Awaiting answer.

What steps he is taking to ensure that Child Maintenance Service enforcement action is proportionate in cases involving (a) small and (b) short-term arrears.

In cases where arrears are outstanding, the Child Maintenance Service (CMS) proactively seek to negotiate with the paying parent a feasible and affordable repayment plan, taking into account the individual circumstances of each case. For small arrears payments can be spread over an appropriate timescale negating the need for enforcement action. Each enforcement decision and action taken by CMS considers the welfare of all parties, potential financial hardship of paying parents, to ensure any associated charges for the customer are commensurate and not seen as punitive to give the greatest chance of securing money for children. CMS is committed to using these powers fairly and in the best interests of children and separated families.

What assessment he has made of the adequacy of enforcement correspondence issued by the Child Maintenance Service in cases involving very small arrears, including where that correspondence refers to bailiff action, licence removal and imprisonment.

The Child Maintenance Service (CMS) missed payment and arrears notifications do reference potential enforcement action that can be considered, should a paying parent continue to miss or avoid making child maintenance payments. This is to ensure the paying parent fully understands the potential consequences if their non-compliance persists. The notification also asks the paying parent to contact CMS immediately, so we can work with the parent paying to negotiate a sustainable and feasible repayment plan. For small arrears, payments can spread over an appropriate timescale negating the need for enforcement action. Only, where this is not possible will CMS consider the use of our wider enforcement powers. CMS uses a small‑value threshold (de minimis) before taking certain enforcement actions. This is to make sure any charges to customers are fair and not excessive. Therefore, enforcement action is not likely to be taken against very small arrears.

In what circumstances the Child Maintenance Service ceases to pursue historic child maintenance arrears.

The Child Maintenance’s priority is to collect money owed to children who will benefit today, thereby preventing the build-up of arrears on the CMS. The Child Maintenance Service has powers to write off historic Child Support Agency (CSA) and Child Maintenance Service debt in specific scenarios where it would be unfair or inappropriate to enforce liability, such as if the receiving parent tells us they no longer want us to collect the arrears or the paying parent is deceased and no further action can be taken to recover the arrears from the paying parent’s estate. Powers introduced in 2018 allowed remaining Agency cases to be closed following the collection or write-off of historic arrears, as part of the closure of the scheme. All CSA arrears were at least five years old, with some CSA debt dating back much further. This was a one-off exercise, applying only to Agency debt.

What steps he is taking to prevent enforcement correspondence being issued by the Child Maintenance Service where maintenance has been paid early but outside the Service’s payment window.

Correspondence issued by the Child Maintenance Service (CMS) referencing enforcement action as being considered should only be issued if a customer has missed payments due and has fallen into arrears. CMS is currently reviewing its processes to ensure that this principle is consistently applied and that such correspondence is not issued where payments have been made.

Whether the apprenticeship funding rules have been reviewed to reflect the operation of section 3C leave under the Immigration Act 1971, which ensures lawful and uninterrupted permission to work for individuals transitioning to Indefinite Leave to Remain during the course of an apprenticeship.

The apprenticeship funding rules are reviewed each year. Currently providers are not permitted to start learners on apprenticeships if they are unable to complete the apprenticeship within the time available. For example, because their visa will expire, or because they have a fixed-term contract that is shorter than the duration of the apprenticeship. This applies to all learners including UK nationals (whose contract will expire) and foreign nationals (whose visa will expire). The rules do not differentiate between those on different visas.This rule ensures that learners can complete an apprenticeship within the time they have available, including the end-point assessment.  It ensures that public funds are protected and prevents investment in someone who is ultimately unable to complete their course, for example, because their circumstances have changed and they are not able to extend their residency. The rule is in place to protect public funds where continued residency rights are not certain.

What impact assessment his Department has made on the effect of current apprenticeship visa duration requirements on (a) young migrants educated in the UK, (b) individuals on private or family life routes, and (c) young people who have resided in the UK for over ten years.

The apprenticeship funding rules are reviewed each year. They are applied to all apprentices and potential apprentices consistently. The Department does not hold the data requested.

What steps her Department is taking to ensure that people with a serious or terminal diagnosis are not required to repay benefit overpayments that arose due to official error, particularly in cases in which the claimant notified the Department promptly that they believed they were receiving benefits to which they were not entitled.

All DWP colleagues are trained to support our most vulnerable customers and have access to a wide range of guidance to support them. DWP will always strive to set affordable and sustainable repayment plans and encourages customers to make contact if they are unable to afford the proposed repayment rate. People with a serious or terminal diagnosis can request that DWP cease recovery of their overpayment. This is a waiver request and details for claimants can be found here in Chapter 8 of this link : Benefit overpayment recovery guide - GOV.UK. Claimants can also request mandatory reconsiderations and have the right to appeal overpayment decisions. This link sets out the path for this: Challenge a benefit decision (mandatory reconsideration): Eligibility - GOV.UK

What steps he is taking to ensure that reasonable adjustments for people with mental health conditions recommended through Access to Work are delivered in a timely manner; and what steps he is taking to reduce waiting times for support.

Access to Work supports workplace adjustments that go beyond what would normally be expected from an employer through their duty to provide reasonable adjustments as outlined in the Equality Act 2010, including for mental health conditions. As set out in the Pathways to Work Green Paper, we are reforming Access to Work to improve the scheme so that it helps more disabled people and people with health conditions, including mental health conditions, into and on in work.

What steps his Department is taking to ensure that people with mental health conditions receive reasonable adjustments under Access to Work on an equal basis with those whose disabilities arise from physical health conditions.

Access to Work supports workplace adjustments that go beyond what would normally be expected from an employer through their duty to provide reasonable adjustments as outlined in the Equality Act 2010, including for mental health conditions. As set out in the Pathways to Work Green Paper, we are reforming Access to Work to improve the scheme so that it helps more disabled people and people with health conditions, including mental health conditions, into and on in work.

What steps he is taking to support private-sector employers implement reasonable adjustments recommended through Access to Work for staff with mental health conditions.

Access to Work supports workplace adjustments that go beyond what would normally be expected from an employer through their duty to provide reasonable adjustments as outlined in the Equality Act 2010, including for mental health conditions. As set out in the Pathways to Work Green Paper, we are reforming Access to Work to improve the scheme so that it helps more disabled people and people with health conditions, including mental health conditions, into and on in work.

What steps the Department is taking to ensure that the Child Maintenance Service has effective mechanisms to prevent high earners from reducing their maintenance liabilities through the diversion of income into pension contributions.

The paying parent's (PP) gross income, after occupational or personal pension scheme contributions are deducted, is taken directly from HM Revenue and Customs (HMRC) for the latest tax year available. This is because either pension contributions themselves or the earnings from which they are paid qualify for income tax relief. Either parent can ask the CMS to consider where they believe a paying parent is deliberately making excessive contributions into a private pension in order to reduce the calculation. This is called a diversion of income variation. If the CMS considers that the deduction in the gross weekly income is unreasonable then the maintenance calculation can be adjusted.

What measures are in place to prevent delays to child maintenance proceedings arising from the non-submission of required documents by a paying parent; and how the Department ensures that such delays do not impede or postpone court-related processes.

Under the Child Support Information Regulations 2008, paying parents have a duty to provide the Department with any evidence or information needed for the i) determination of an application ; ii) making of a decision; or iii) collection and enforcement of child maintenance. Paying parents are expected to meet that obligation within specified timescales and are warned of the consequences of failing to do so. Where a paying parent fails to provide the required information within the time allowed, the Child Maintenance Service (CMS) will take immediate action and is committed to using its wide-ranging enforcement powers proportionally, and in the best interests of children and separated families. To support timely document submission, CMS offer a 24/7 online customer portal, My Child Maintenance Case, allowing parents to upload documents at their convenience any time of the day. In addition, data-sharing arrangements with other government departments, principally HMRC, reduce the need for customers to supply information directly, particularly earnings-related data.If court action becomes necessary and customer information is not provided, the court may treat this as wilful refusal or culpable neglect when considering enforcement or sanctions for non-payment of child maintenanceThe Department is committed to minimising delays in child maintenance proceedings and ensuring children receive the financial support they are entitled to.

If he will bring forward legislative proposals to give pension scheme trustees the authority to award discretionary increases to those already claiming a pension.

Discretionary indexation is over and above the statutory requirements. This discretion is usually exercised by the trustees with the agreement of the sponsoring employer. Some schemes have previously paid discretionary increases on a regular basis. However, these increases are not part of the pension package promised.The precise design of pension benefits is a matter for employers and trustees and is not covered in the Department for Work and Pensions legislation. Pension scheme rules are many and varied and must remain a matter for employers and scheme trustees to decide. The Pension Schemes Bill makes changes so that more trustees of well-funded schemes have the flexibility to share their scheme surplus with employers, subject to strict funding safeguards for members. Scheme trustees are required to act in the interest of scheme beneficiaries, and working with sponsoring employers, will be responsible for decisions on the release of surplus. Together they will agree how members can benefit from any release of surplus, which could include discretionary benefit increases. The Pensions Regulator already expects that trustees be aware of members who would benefit from any decision to award a discretionary increase and whether the scheme has a history of making such awards.

What steps her Department is taking to safeguard members' benefits when a sponsoring employer seeks to extract pension scheme surpluses.

Currently, some Defined Benefit schemes can already consider releasing their surplus under existing rules. The Pension Schemes Bill will provide more flexibility for trustees of these and other well-funded schemes to safely share some surplus with employers and members. This is underpinned with strict funding safeguards to ensure members’ pensions are protected. Scheme trustees are required to act in the interest of scheme beneficiaries and will be responsible for agreeing to any decisions on surplus release. Schemes will also need to meet a minimum funding level and require actuarial certification before the release of any surplus. Further, our scheme funding regulations, overseen by the Pensions Regulator, require that trustees maintain a strong funding position so they can pay members’ future pensions when they fall due, including planning for future volatility.

Whether the Child Maintenance Service is required to justify delays in its decision-making processes.

Child Maintenance customers can use the online service to track the progress of reported changes and view expected completion dates at any time without the need to call. They can also upload evidence and view any letters which have been sent to them. All calculation decisions made by the CMS can be appealed through the mandatory reconsideration process and beyond that, to the Independent Tribunal Service.The CMS publishes timeliness data on some of the key decision-making processes such as determining applications, accounting for changes in circumstances and performing mandatory reconsiderations.Decision making processes can vary in length depending upon complexity and whether both parties have a right to provide and/or contest evidence. Where customers are concerned that a decision has been delayed unreasonably, there is also a robust complaints process, which gives parents opportunities to seek redress when the CMS does not meet their expectations. When a client is dissatisfied, the CMS tries to resolve the issue as quickly as possible, without the need for a formal complaint. If the client remains dissatisfied, the Department for Work and Pensions Complaints Team looks at and responds to their complaint. After that, they can raise it with the Independent Case Examiner and finally with the Parliamentary and Health Service Ombudsman, through their Member of Parliament.

What steps his Department is taking to improve the (a) responsiveness and (b) accountability of the Child Maintenance Service when people request clarification of figures used in their assessments.

The Child Maintenance Service are wholly committed to delivering the best possible service to all customers within our growing caseload. To ensure calculations are accurate the department continues to build on its already proportionate and cost-effective controls, such as: use of verified income from HMRC and benefit systems as outlined in legislation and a principal part of service design.use of child benefit systems to verify qualifying child(ren)procedures and policy to request additional verificationa dedicated Financial Investigation Unit who addresses allegations of misrepresentation and frauda robust mandatory reconsideration (MR) and appeals processa robust 3 Tier Quality Framework. In all instances where a new calculation is made both parents will receive a written breakdown of the figures used in the calculation which also includes advice on where to learn more about child maintenance calculations, how to contact the Child Maintenance Service and how to raise a dispute if they disagree with the calculation.

What steps the Child Maintenance Service takes to provide clear explanations and evidence when rejecting claims submitted by paying parents.

The Child Maintenance Service (CMS) trains caseworkers in making effective decisions, which includes explaining decisions effectively to customers and issuing letters containing information about the different factors considered and rules applied when making decisions. Caseworkers also adhere to a ‘contact hierarchy’ when assessing the most suitable form of communication, which gives them the discretion to consider other forms of contact if they deem appropriate. CMS will investigate any claims received from Paying Parents and make decisions based on evidence provided or corroborated by other sources. If a decision is made to reject a claim, they will clearly explain in writing the reason for the decision, how to contact CMS to discuss it further, and the rights of dispute and appeal. When a customer requests CMS to review a decision, known as a Mandatory Reconsideration, CMS will review any evidence held that informed the original decision, alongside any further evidence submitted by the deadline to inform the outcome of the Mandatory Reconsideration. CMS issues a written Mandatory Reconsideration Notice to all customers involved in the case. The letter includes information on the type of decision reviewed, the date the original decision was made and the effective date, as well as the Mandatory Reconsideration outcome and reason for the decision.

What assessment his Department has made of the adequacy of the (a) accuracy and (b) transparency of Special Expenses calculations by the Child Maintenance Service for (i) flights, (ii) fuel and (iii) other high-cost contact travel.

The Department for Work and Pensions and Child Maintenance Service rigorously monitors accuracy as part of our service ambition to further reduce error and increase our accuracy levels. The National Audit Office set a target of monetary value errors under 1%. This standard is consistently met. Since applications for special expense variations relate to the Paying Parents’ own expenditure, Paying Parents are expected to provide any information and evidence needed to support their application. Guidance for DWP decision makers on child maintenance, in relation to Variation decisions is available in the following link Volume 3 - Variations (Chapters 27-36).

What steps her Department is taking to ensure that timeframes imposed by the Child Maintenance Service are (a) proportionate and (b) matched by equivalent service standards within the Department.

We have interpreted your question to refer to the timescales the Child Maintenance Service (CMS) uses in progressing cases. The CMS inform customers of expected timeframes for actions to be completed when changes are reported or require progressing. Customers can use the Track Changes function on MCMC at any time to view the expected completion date of changes. The timescales to progress cases varies depending on the type of case action being taken and information required to progress any change. When CMS require additional information to progress a case, the customer is advised of the timeframe for providing the information required. The CMS has four official key performance indicators (KPIs) to ensure that the service acts on information and progresses cases in a timely manner once received from the customer. These KPIs include standard measures for 1) assessment accuracy, 2) application clearances, 3) change of circumstances clearances and 4) Collect and Pay compliance. The CMS has exceeded the KPI indicators, demonstrating that it is meeting the standards set by the department. We are always working to modernise our service and how we communicate with our customers. We also work closely with the wider DWP colleagues to ensure measures and timescales are compared for consistency, where appropriate.