Supplementary memorandum submitted by
Carers National Association (SG38)
The Committee asked the following question and
Diana Whitworth, Chief Executive of CNA responded by saying that
CNA would provide the Inquiry with further written information.
The following represents CNA's recommendations in answer to this
question:
Q.83. Which categories should be exempt in
regulations?
PROVISIONS IN
THE BILL:
The Welfare Reform and Pensions Bill gives the
Secretary of State powers to make regulations to exempt certain
categories of people from an immediate work focused interview.
This provision is currently under Clause 47 (6) (b) (ii), which
states that,
"regulations may provide that any requirement
to take part in an interview that would otherwise apply to a person
by virtue of such regulations:
(b) is not to apply if the designated authority
determines that an interview
(ii) would not be appropriate in the circumstances;
and the regulations may make provision for treating a person in
relation to whom any such requirement does not apply, or does
not apply until a particular time, as having complied with that
requirement to such extent and for such purposes as are specified."
As we emphasised in our oral and written evidence
to the Joint Inquiry, CNA believes that all carers who are providing
"regular and substantial care" should be exempt from
the requirement to attend an immediate work focused interview.
We consider that these carers should be informed of the process
and have the right to go through the Single Work-focused Gateway
if they so wish. Carers who feel their situation may enable work
in the future could have the right to defer an interview. Any
decision not to comply with this should then be clearly justified
by the personal adviser. We believe that this should be detailed
in regulations under the above provision.
This proposal would maintain the flexibility
and sensitivity that the Government seeks, whilst responding appropriately
to the needs of this vulnerable group of people. It would ensure
that all carers are not wholly ruled out of the Single Work-focused
Gateway and yet it ensures protection for those who feel that
a work-focused interview is not appropriate for them. We believe
that this could prove to be critical to the success of the Single
Gateway.
In addition to this, our belief is that personal
advisers may welcome clear regulations and the clarity this brings
rather than guidance.
EXEMPT CATEGORIES
FOR THE
REGULATIONS
1. CNA believes that all carers claiming
either ICA or Income Support in respect of being a carer, or a
combination of both, should be exempted in the regulations from
attending a compulsory work focused gateway interview, as discussed
above.
2. If the Government maintains that it does
not wish to follow this course of action, then we would suggest
that the following groups of carers are exempted:
— carers who are themselves either
sick or disabled;
— carers who state at the Registration
and Orientation stage that their caring responsibilities mean
that they cannot currently consider paid employment in the short
term;
— carers who have recently been bereaved
(ie not just widows);
— carers making repeat applications
for ICA (ie when the person for whom they care returns from a
period in hospital);
— carers who are already combining
ICA with paid employment of less than 16 hours per week.
3. At the very least we would expect the
following group of carers to be exempted:
— carers caring for people who are
in receipt of Attendance Allowance (AA) and Disability Living
Allowance (DLA) at the highest levels (ie those who require 24
hour care).
Carers National Association
June 1999
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