House of Commons - Work and Pensions

Select Committee on Work and Pensions Fourth Report

5 Service standards received by ethnic minority clients

66. In order fully to comply with the duties of the Race Relations (Amendment) Act 2000, DWP must take account of race equality in the services it delivers and the policies applied. The DWP Race Equality Scheme (RES) states:

67. This chapter will review the evidence submitted on the service received by ethnic minority clients.

The experience of ethnic minority clients

68. Most of those submitting evidence to the inquiry criticised many aspects of DWP's service delivery to ethnic minorities. Citizens Advice systematically monitored advice cases dealt with by their bureaux on benefit administration problems in order to examine the quality of DWP service delivery. The general problems included errors and lost papers, delays in processing claims, confusing letters about benefits and inaccurate advice. They found that these problems are often more intense for ethnic minority clients, especially those who have a poor level of English.[70] However, as noted in chapter 4, it is difficult to analyse how widespread these issues are, and the full impact of them, due to the lack of ethnicity data on DWP's clients. Some of the key areas that were raised during the Committee's inquiry as disproportionately affecting ethnic minorities are discussed below. These do not represent a full analysis of the Department's work and the service standards delivered to ethnic minorities, but they do highlight some areas where action is necessary to improve upon the service delivered by DWP to ethnic minorities in order to ensure full compliance with race relations legislation.

DISCRETIONARY DECISION-MAKING

69. Several organisations cited problems for ethnic minority clients where discretionary decision-making is used.[71] The Local Government Association (LGA) identified the Social Fund as a problematic area for ethnic minority applicants which needs reviewing to assess ethnic minority clients' access to the Fund and the way in which it is administered by the Department.[72] Research conducted by the Department has identified Asian families as least likely to apply for help from the Social Fund,[73] although, as chapter 4 suggests, DWP's failure to conduct comprehensive ethnic monitoring of clients means that it is hard to assess exactly how ethnic minority groups' access the Social Fund and how widespread the main problems are. In evidence, the Business Strategy Director of Jobcentre Plus agreed that the Department does not possess sufficient information on the differential experiences of the Social Fund by ethnic minorities but that such an exercise was necessary.[74]

70. The 'habitual residence' test was also identified as disproportionately problematic for ethnic minorities. The test was introduced in 1994 and applies to Income Support, income-based Jobseeker's Allowance, Pension Credit, Housing Benefit and Council Tax Benefit. To be entitled to these benefits a claimant has to prove that they are habitually resident and have a 'settled intention' to make a temporary or permanent home in the UK.[75] The test should only apply if the claimant has been in the country for two years or less. Temporary periods abroad do not result in losing habitual residence status.[76]

71. In evidence, the Child Poverty Action Group (CPAG) stated:

72. Hitslink were concerned that the test is applied arbitrarily[78] and it was suggested that, because it is applied to those who have travelled abroad, it disproportionately affects those with family overseas and who may spend longer periods abroad dealing with family matters.[79] Consequently, evidence suggests that the test is applied in a "draconian" manner and has led to increased discrimination against minority ethnic groups who may experience "extreme questioning" upon returning to the UK.[80] It was suggested that ethnic monitoring of cases refused under the habitual residence test should be established to assess whether discrimination is taking place.[81] Newham Social Regeneration Unit and Hounslow Welfare Benefits Unit were both of the view that the poor administration of the habitual residence test, leading to incorrect refusals of benefits, was due to the lack of staff training.[82] The Public and Commercial Services (PCS) union argued that the Government should review its policy on the habitual residence test.[83]

73. These are just two examples of policy areas that need a full assessment of the way in which they are delivered to ensure that no ethnic group receives unequal treatment. A key component of any assessment is that the clients need to be monitored for ethnicity to establish the extent to which certain groups receive unequal treatment. Further steps must then be taken to address this. The end of this chapter will examine the Department's use of impact assessment.

74. The Committee recommends that the habitual residence test and the Social Fund discretionary decisions are subject to ethnic monitoring to establish whether there is a differential impact upon ethnic minorities, and whether those tests are applied differently.

IDENTIFICATION REQUIREMENTS

75. Evidence received during the inquiry suggests that ethnic minorities often experience difficulties due to the identification requirements when claiming benefits and this is more likely to affect older ethnic minority groups and refugees.[84] For example, when making a claim for state retirement pension, one qualifying condition is confirmation of date of birth. Where a woman is claiming on the national insurance contributions of her husband, proof of marriage is required. This proof is not needed if benefits have been claimed previously with prior verification.[85]

76. During the inquiry, it was pointed out that ethnic minority older people may not possess their birth certificate or marriage certificate. Indeed, in India until the early 1960s, often these certificates were not even issued.[86] It was also suggested that, although there are alternative methods of verification that can be used by DWP, there is some reluctance by staff to explore alternatives.[87] During the Committee's visit to the Pension Service in Wolverhampton, staff brought the issue to our attention, saying that the necessity of two forms of identification proved impossible for some claimants and was also frustrating for staff wanting to progress a claim.

77. When questioned on this problem, the Business Strategy Director of Jobcentre Plus said that steps have been taken in recent years to tighten the evidence of identity required, but pointed out that claimants could use a range of evidence, such as a driving licence or rent book to prove their identity.[88] For proof of marriage where it had taken place in a country without the administrative infrastructure, DWP staff should refer cases to the Validity of Marriage Unit based in Newcastle-upon-Tyne whose responsibility it is to advise on whether a marriage or divorce is valid. The Unit has a target to clear 90% of cases within 215 days and interim arrangements are in place to ensure that claimants receive financial assistance while waiting for their data to be verified. In 2003-04, the Unit received 6638 referrals and the average clearance time was 79 days.[89]

78. The Committee recommends that the Department reviews the identification requirements needed to pursue a benefit claim and ensures that staff are fully trained in the identification requirements including the process of referral to the Validity of Marriage Unit.

PAYMENT OF BENEFITS WHEN ABROAD

79. Some benefit payments stop if the claimant spends more than four weeks abroad and a new claim has to be submitted on return. Several of those submitting evidence highlighted this as particularly problematic for ethnic minority older people as the cultural norm, or family requirements or expectations may be to spend a much longer period away from the UK, for example to deal with family events such as weddings and funerals.[90] With regard to Pension Credit, Age Concern argued that the four week period after which Pension Credit stops if the claimant is abroad, should be extended to at least 13 weeks.[91] The Department estimates that this would cost an additional £5million a year.[92] In evidence, the Minister for Work stated that the Department was considering what the implications would be of an extension to the period during which payments might be made while a claimant is abroad.[93]

80. In evidence to the Committee's Pension Credit inquiry, Citizens Advice suggested that payment of Pension Credit should be suspended, rather than cancelled, provided the pensioner returns to the UK within a year.[94] This would be one way in which the Department could introduce a service delivery-based solution to the problem, rather than a wider-ranging policy change.

81. The Committee recommends that the Department examines the option of suspending rather than cancelling payment of benefits while abroad for a time-limited period. We also reiterate our recommendation that, by 1 April 2006, payment of Pension Credit during a temporary absence abroad is brought into line with Housing Benefit and Council Tax Benefit and is paid for up to 13 weeks.

Cultural issues affecting service standards

82. Evidence received during the inquiry pointed to a cultural gap between ethnic minority clients and many of the DWP staff delivering services to them.[95] This gap was thought to be wider for some ethnic minority women and also for older ethnic minority groups.

83. Commenting on the cultural barrier, Vanessa Davis of Disability Alliance gave an example that in some languages there is no word for 'carer.' In addition, female Asian claimants may be deeply averse to being interviewed by male DWP staff, particularly when claiming disability benefits.

84. Junior Hemans of the West Midlands Caribbean Parents' and Friends' Association argued that staff show a lack of cultural sensitivity in dealing with ethnic minority clients and fail to understand how culture affects the way in which services might need to be delivered to ethnic minorities.[96] Consequently, the issues outlined above are not always addressed by staff when providing a service to ethnic minority clients and suggest that improved training on race equality and cultural awareness is needed.

85. These issues are further explored in chapter 6.

Staff training

86. The Department's supplementary memorandum states that all the Department's staff who deliver frontline services should have up-to-date training in race equality and multi-cultural awareness.[97] Nonetheless, the evidence presented during the inquiry, including the examples given above, suggests that DWP could improve upon its service delivery to ethnic minorities by expanding the existing training and ensuring that staff are fully trained in race equality awareness and the requirements of the race relations legislation. It is also necessary to monitor the impact of the training to ensure it remains effective.[98] Jeremy Vanes, Chief Executive of Wolverhampton Citizens Advice, argued that the volume of DWP ethnic minority clients is a real argument for the mainstreaming of ethnicity and diversity services and adequate training is required to do that.[99]

87. Commenting on the importance of improved staff training and the monitoring of that training, Sedhev Bismal, Chairman of the Wolverhampton Inter-faith Group, said:

100

88. In their report on the Race Equality Scheme, Disability Alliance recommended that staff training needs to relate to the "real world" and needs to be supported, not undermined, by other policies. They highlight three requirements of staff race equality training. First, the training aims should be deliverable. For example, to provide a better service to someone who does not speak English, staff may need to spend more time with them and jeopardise the office waiting time targets. Second, "training by circular" should be avoided: staff who receive a multitude of newsletters and emails will not necessarily prioritise race equality written guidance. Finally, training should be relevant to the ethnic diversity of the locality in which the staff work.[101] In evidence, Vanessa Davis of Disability Alliance added that it is imperative that cultural and race awareness training is tested by clients and their representative organisations to ensure that it is making a difference to the delivery of services.[102]

89. Referring to staff race awareness training, the Minister for Work stated that:

103

90. She acknowledged that it is crucial that staff are fully aware of areas of delivery where client behaviour may be attributed to ethnicity or culture. For example, staff need to understand that there are some religious objections to taking out loans and that may result in resistance to applying for the Social Fund. The Minister went on to emphasise the 'Diversity Toolkit' as a sophisticated product that is crucial in training staff in race awareness.[104] The RES Progress Report states that this toolkit:

105

91. The Minister for Work also acknowledged that the Diversity Toolkit needs to be kept up-to-date and efforts need to be made to ensure that staff use it.[106]

92. The RES Progress Report makes several references to the Diversity Toolkit across the main service delivery areas of the Department, such as the Pension Service and Jobcentre Plus. Further references to staff training appear to be limited to staff being "briefed" on the Race Relations (Amendment) Act with specific training only being identified for senior managers, "key staff", or those who are members of "race equality action groups".[107]

93. Training is crucial in overcoming cultural barriers and enhancing the race awareness of DWP staff. The Committee recommends that:

a) the Department undertakes a full assessment of race equality and cultural awareness training, in consultation with external experts, such as the Commission for Racial Equality;

b) the Department ensures that staff receive up-to-date equality training, with annual 'refresher' courses for all staff;

c) training via printed and electronic media is only used to supplement attendance at a training event;

d) all training is tested and evaluated to ensure that it meets the needs of staff and clients.

Impact assessment

94. Evidence received during the inquiry indicated that there is a need for the Department to assess their policies, and the way they are delivered, for their impact on ethnic minorities. This is a requirement of the race relations legislation. The Department's RES Progress Report does admit:

"Impact assessment is another area in which we have experienced difficulties. When drawing up our RES, a screening of our functions and policies was carried out to help us to prioritise them for any potential effect on ethnic minorities, and to action plan accordingly. We realised, however, that we needed to put in place a much sturdier system by which we could effectively assess the impact of our policies on ethnic minority customers and staff."[

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95. Consequently, DWP has worked with the Home Office and CRE to develop an Impact Assessment Tool (IAT) which in July 2004, the RES Progress Report stated, was in the final stages of development. In answer to a Parliamentary Question in December 2004, the Minister for Disabled People said that the impact assessment tool has been produced and is a "priority function" in the Department and "has been used to assess several high profile policies, and is now in general use across the Department."[109] The tool, and guidance on how to use it, is available on the CRE website.[110]

96. Although the focus of this inquiry was upon service delivery and we have not examined in detail the impact of specific DWP policies upon ethnic minorities, examples of policy areas where a differential impact is experienced by ethnic minorities were touched upon in evidence. It is crucial that the Department applies an impact assessment to all areas of its work and acts upon the results.

97. The Committee recommends that the Impact Assessment Tool is urgently applied across the Department to all areas of service delivery as well as to existing and new policies and that the results of the impact assessment are published and acted upon promptly to reduce inequalities for clients and staff and to meet the race relations legislation.

69 DWP, Realising Race Equality in the DWP, July 2003, p 10 Back

70 The language barrier is covered in chapter 7. Back

71 Ev 36 and 115 Back

72 Ev 36 Back

73 Finch, N & Kemp, P (2004) The Use of the Social Fund by Families with Children, DWP In-house Research Report No 139 Back

74 Q 328 Back

75 Some groups such as European Economic Area (EEA) nationals, refugees and people who have been granted 'exceptional leave to remain' are exempt from the habitual residence test. Back

76 CPAG (2004) Welfare Benefits and Tax Credits Handbook Back

77 Ev 115 Back

78 Ev 111 Back

79 Q 249 Back

80 Ev 10, 111, 115, 187, 190, Q 27 Back