Peter Weir
Strangford · Ulster Unionist Party · Northern Ireland
“Funding was secured for that scheme, and we have been able to take further steps on it. As highlighted by my colleague Diane Dodds, we have seen my successor, the current Minister, be able to implement it at the beginning of September 2021 and funding be made available for it.”
“One of the great fears — I saw it particularly, as Education Minister, from the point of view of children and the domestic setting between partners — was what was going to happen in families when the doors closed and the locks went on. What was happening behind closed doors?”
“There is another significant element of the Bill. I have spoken about it in the Chamber on a couple of occasions. There is always a slight danger that we, as legislators, see legislation as being the end of a process and think that we can pack it away, put it on the shelf and forget about the problem because it has been solved.”
“I welcome the passage of the Bill's Final Stage and commend all the campaigners who have pressed so hard for it and the Bill sponsor. For Pat Catney, hearing some of the tributes must be like hearing eulogies at your funeral, without having to go through the indignity of dying, which is always a double advantage.”
“As highlighted by a number of Members, the impact of period poverty, though not confined to it, has been particularly acute in young women's education. We know that the impact can lead to the missing of education and constraints within education, and that it does so in a disproportionate way.”
“I support the Bill's Final Stage, and I commend the Bill's sponsor for introducing it. I thank the Minister and the Department for the positive attitude that they have taken towards it.”
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“<BR /> <BR />Similarly, on probably the bigger issue of the impact of the qualifications market in Northern Ireland, was the announcement of the withdrawal from the Northern Ireland GCSE market of exam boards Assessment and Qualifications Alliance (AQA), Oxford, Cambridge and RSA Examinations (OCR) and, latterly, Pearson. That restricts choice for schools and pupils. It also leaves gaps in the provision of some subjects that would have to be filled very quickly by the local development of new courses, which would be at a cost to the public purse. <BR /> <BR />While others may have been distracted by side issues, it is those core issues of comparability, portability and the open market that I have concentrated on and sought outcomes to resolve. On comparability and portability, it is necessary to give some clarity on grading.”
“The overriding concern about the former is that no pupil in Northern Ireland should run the risk of being disadvantaged. In particular, that relates to two aspects: the top end of qualifications, which particularly impact on the issue of places on high-demand, high-qualification degree courses; and the mid-range qualifications that could have an impact on future employment in other parts of the United Kingdom. While the numbers potentially impacted by those problems are likely to be low, they are real concerns that need to be addressed.”
“We have a statutory curriculum of which we can be proud, and it is important that there is a GCSE offer that reflects the qualities of that curriculum, with its recognition of skills development and employability in the 21st century. It is equally important that teachers and school leaders are free to exercise their professional discretion in choosing exam specifications that can help their pupils to enjoy learning and to achieve and which are relevant to the needs of our economy and society. <BR /> <BR />Our qualifications system has worked well for the pupils of Northern Ireland down the years, but, in light of the changes in England, concerns have arisen, namely around the comparability and portability of our local GCSE qualifications and the continuation of the open market in qualifications for schools in Northern Ireland.”
“<BR /> <BR />It is essential that our young people, schools, parents and employers have confidence in the GCSEs available here. GCSEs must be understood and recognised wherever they are taken, and they must support the attainment and progression of our learners. For those reasons, I have reviewed the existing policies in relation to GCSEs, in line with my desire for a child-centred education system. <BR /> <BR />Schools need to have access to qualifications designed here in Northern Ireland that meet the needs of our learners and economy. That being the case, the Council for the Curriculum, Examinations and Assessment (CCEA) will continue to offer GCSEs with distinctive characteristics that are valued by schools here.”
“OK. The earlier indicative timings had this being slightly later. <BR /> <BR />I wish to make an announcement on the GCSE qualification market and associated grades awarded in Northern Ireland. GCSEs form a core aspect of post-primary education in Northern Ireland. Not only are they the qualifications to be taken, but they constitute a standard to which the great majority of our learners aspire at the end of compulsory education. We are very successful in Northern Ireland, with a higher percentage of pupils here consistently achieving five GCSEs, or more, including English and maths, than their counterparts in England and Wales. Obviously, we tend to have better qualifications, albeit of a slightly different nature, than Scotland as well.”
“Thank you, Mr Speaker, for that admonishment. I thought that the statement had been made available. Was it not? It was supposed to have been.”
“It will streamline the administration process and allow staff administering the payments to notify local councils to take enforcement action against landlords who have not registered with the scheme. It will also ensure that public money paid out in respect of housing costs is being protected. <BR /> <BR />I thank Members for their interest in these regulations. I hope that they will support them to help smooth the administration process for the mitigation payments to be made to vulnerable people affected by the benefit cap and when universal credit is implemented in full. It will ensure that private landlords who have not registered with the landlord registration scheme will comply with the law and register. I commend the motion to the Assembly.”
“I thank Members for their focused and succinct contributions. Obviously I appreciate that the Committee has not had a chance to look at the detail of this because of the circumstances, and I am sure that that will be rectified. However, I am assured by officials that the policy intent has not shifted from the previous position. <BR /> <BR />The regulations will enable authorised officers within the Department for Communities to have access to the landlord registration scheme information to confirm that a landlord is registered with the scheme before mitigation payments in the application of the benefit cap and the housing element of universal credit can be made directly to the landlord.”
“Without the change, the Department for Communities staff would have the same access to the system as the public, which would make the administration process very cumbersome, as access to landlord information is very limited in this circumstance. <BR /> <BR />The amendment to the regulations will also ensure that access to the landlord registration scheme information by authorised officers from the Department for Communities will be controlled by the landlord registrar to ensure that there are no breaches of data protection.”
“If a landlord is not registered, the Department for Communities staff administering mitigation payments and universal credit will be required to notify the council to take enforcement action against the landlord for non-compliance with the law. That will also help to ensure that money paid in relation to housing costs will be protected. <BR /> <BR />The amendment to the Landlord Registration Scheme Regulations (Northern Ireland) 2014 will allow authorised officers within the Department for Communities to have access to the landlord registration scheme information to confirm that the landlord is registered with the scheme before payments can be made directly to the landlord.”
“<BR /> <BR />In all cases, mitigation payments and the housing element of universal credit, when introduced, will be paid four weekly in arrears to the same recipient as the existing housing benefit award. That reflects the existing payment frequency of the vast majority of housing benefit payments made to private landlords. <BR /> <BR />There will be a requirement for a private landlord and the property to be registered with the landlord register before mitigation payments in relation to the benefit cap or the housing element of universal credit is paid directly to a landlord. If a landlord or property is not registered with the scheme, the payment will be paid directly to the claimant.”
“The reason for the amendment to the regulations is to streamline the payments process of the administration of the welfare supplementary payments paid in respect of the application of the benefit cap and the housing element of universal credit. <BR /> <BR />The benefit cap will restrict the total amount of benefits paid to a household to within designated limits. Mitigation support will be provided to families who are receiving more than £26,000 per year, providing they have been continuously in receipt of any combination of the welfare benefits that contribute towards the calculation of the cap, from 31 May 2016 until the point at which they are impacted by the cap.”
“These draft regulations are made under powers conferred by draft regulations laid before the Assembly under article 72(3) of the Private Tenancies (Northern Ireland) Order 2006 for approval. The draft statutory rule has been approved by the Committee for Communities. <BR /> <BR />There is a requirement to make an amendment to regulations 2 and 9 of the regulations as a result of the Welfare Reform (Northern Ireland) Order 2015 and the Welfare Supplementary Payments Regulations (Northern Ireland) 2016 to allow disclosure of information by the landlord register to certain bodies, including authorised officers from the Department for Communities for the purposes of the administration of welfare supplementary payments paid in respect of the application of the benefit cap and/or the administration of the housing element of universal credit.”
“Thank you, Mr Deputy Speaker. I beg to move”
“Our efforts to do that put us ahead of anywhere else in the United Kingdom. I thank Members for their interest in these regulations, and I hope that there will be support across the Chamber for them. I commend this motion to the Assembly.”
“When ploughing through the detail required in any social security regulations — there can be myriad rules on who qualifies in what circumstances — we need to remember, and this is why discretionary support is very helpful, that we are dealing with individuals who are quite often vulnerable and in very difficult circumstances. I welcome the support for these regulations from across the Chamber. <BR /> <BR />These regulations enable the Department to implement the discretionary support scheme, meaning that low-income families, provided they meet the discretionary support criteria, can be considered for assistance in a crisis situation. As indicated, it is a support system unique to Northern Ireland, and it demonstrates the commitment of this Assembly and our determination to protect the most vulnerable in our society.”
“This has obviously had a slightly smoother introduction than the previous regulations. On behalf of the Minister for Communities, I thank the Committee for Communities for the very positive way in which it has dealt with these regulations. There has been a consensus arising out of Professor Evason's report on the issue. I welcome the fact that the Members who have contributed to the debate from around the Chamber have been unanimously in favour of the regulations. <BR /> <BR />It is important to realise, as Fra McCann said, that discretionary support is quite often for the most vulnerable people.”
“We wish, within the discretionary support regulations, before they are made, to refer to the supplementary payment regulations, the Armed Forces independence payments and personal independence payments. These will be added to the schedule on disregards for income contained in the discretionary support regulations.”
“<BR /> <BR />To qualify for a discretionary support loan, the need for assistance must have arisen in Northern Ireland and be satisfied in Northern Ireland. Should a claimant be dissatisfied with the outcome of their application for discretionary support, there is provision for an internal review. Should the claimant, following that review, remain dissatisfied with the decision, there will be provision for an external independent review by the discretionary support commissioner's office. Discretionary support also seeks to assist those on low incomes to organise and maximise their limited incomes through ensuring access to appropriate information and advice. <BR /> <BR />The Assembly will be aware that the welfare supplementary payments regulations are being brought forward.”
“To be fair, the Chair has been suitably rapt with the tension since we started. <BR /> <BR />To qualify for a discretionary support loan, a claimant must not only be in a position to repay that loan, they, and their partner, should not have an outstanding debt with the Department of over £1,000. However, should a claimant be disallowed discretionary support in the form of a loan because of an affordability or debt issue, they may be entitled to a one-off living expenses grant. Only one discretionary grant and three discretionary support loans will be awarded in any 12-month period, except in the event of a disaster resulting in the loss of possessions or property — I will quiz Members on this later.”
“Perhaps I should start again to make sure that everybody has heard this.”
“To qualify for a discretionary support loan, a claimant must not only be in a position to repay that loan but they and their partner —”
“All claimants, whether working or non-working, will be subject to an income threshold assessment. To qualify for discretionary support, a claimant must be ordinarily resident and present in Northern Ireland, and the current departmental residency tests will be applied. Those qualifying for a discretionary support loan must also, prior to that loan being awarded, be in a position to repay the loan within 52 weeks. That can be extended to 78 weeks in exceptional circumstances — for example, a larger washing machine being required in order to meet a medical need. The change to 52 weeks will encourage greater financial responsibility, reduce long-term debt levels and assist with the recycling of discretionary support funding essential to the sustainability of the scheme.”
“Entitlement to discretionary support will be assessed against defined eligibility criteria, and, if the criteria are met, an interest-free loan and/or a non-repayable grant may be awarded. <BR /> <BR />Discretionary support awards will be in the form of cash payments. The regulations permit payments in kind through either the direct provision of white goods or vouchers, but these are not currently planned. However, the provision of white goods will be considered approximately 12 months after discretionary support is introduced. To be entitled to discretionary support, a claimant and their partner must not be in receipt of an income, once permitted disregards have been taken into consideration, greater than the annual national living wage, which is currently £14,976 a year or £288 a week.”
“The proposed repeal of the discretionary aspects of the social fund from 31 October 2016 will mean the removal of community care grants and crisis loans from the social fund, prompting the Department to develop a new provision for Northern Ireland. Although discretionary support is not a replacement for the social fund, the regulations will enable the Department to replace the discretionary elements of the social fund with a new discretionary support scheme. Discretionary support is unique to Northern Ireland and will seek to assist those on low incomes, either working or non-working people, when an extreme, exceptional or crisis situation arises, presenting a significant risk to the health, safety or well-being of either the person making the application or their immediate family.”
“I seek the Assembly’s approval for the Discretionary Support Regulations (Northern Ireland) 2016. The regulations are being brought in under articles 135 and 136(5) of the Welfare Reform (Northern Ireland) Order 2015 and will make provision for the introduction of discretionary support in Northern Ireland. The draft statutory rule was approved by the Committee for Communities on 16 June. The regulations have been made following the publication of the welfare reform working group proposals on how the Executive should help the most vulnerable as a consequence of the introduction of changes to the welfare system. <BR /> <BR />In the past, the greater element of discretionary support has been delivered through the social fund in the form of community care grants and crisis loans.”
“That puts us in a different position from the rest of the United Kingdom. There will be further measures to mitigate welfare reform; those are being prepared and will be presented to the Executive in the autumn. <BR /> <BR />I thank Members for their interest in the regulations, even when they have opposed them. I hope that they will support them to enable mitigation payments to be made to those affected by the introduction of the personal independence payment, including those in receipt of carer's allowance and disability premiums. I commend the motion to the Assembly.”
“The genesis of it came, as you rightly said, during that period, and it was brought forward by a direct rule Minister in 2006. So, it is perhaps a case of shutting the stable door after the horse has bolted for the Ulster Unionists. <BR /> <BR />Turning to one other point that Mr Allen raised, which is the Capita PIP assessments, the Department has worked closely with Capita to ensure that there are sufficient disability assessors in place. On the other aspects of this, it is also important that, when people are assessed, it is done in a timely, proper manner. That is something that the Department will want to take forward. <BR /> <BR />In conclusion, these measures are unique to Northern Ireland and demonstrate the determination of the Executive to protect the most vulnerable in our society.”
“I will deal with one other issue in relation to that. Mr Allen and the other Ulster Unionists are now deeply opposing it. It is very interesting that that was not the position in Committee when no Member of the Ulster Unionist Party spoke on the issue, did not raise any questions on the issue, and did not vote against the proposal. So, we seem to have a bit of a Damascene conversion here today.”
“You seem to be talking from a sedentary position. At least, to be fair, you have been consistent on the issue.”
“With respect, it reflects the current law.”
“No; I have heard enough from you for one day, Mr Allister.”
“It is one that we have not been able to change since then; indeed, what is in the legislation reflects the legal position on that definition of "victim". I wish that the definition was different, but, when this party brought legislation on that basis to the House, we were unable to get it through, so we were left with that.”
“First of all, the rationale given by Professor Evason in her report explained that, with regard to making specific provision, there was concern that the consequences for claimants with conflict-related injuries in Northern Ireland, particularly mental health issues, would not necessarily be fully captured by the new PIP payment. It has also always been the case in the social security system, with regard to DLA, that the impact of the disability is looked at rather than what caused it. I will come back to Mr Allen in a moment. <BR /> <BR />The definition of a victim of the Troubles obviously comes from the Victims and Survivors (Northern Ireland) Order 2006. It was brought in under direct rule — much loved by the Member for North Antrim.”
“I thank all the Members who have taken part in the debate, both those who have welcomed the regulations and those who have opposed them. They are all entitled to their position. I thank the Committee on behalf of the Minister. I suppose, in the words of Barry McGuigan, I thank Mr Eastwood for his contribution. Indeed, the Committee looked at this in some detail. <BR /> <BR />I will deal with a few of the items that came up during the debate. First of all, the Member noted that element 3 of the loss of disability allowance regulations, namely for victims of Troubles-related injury, would award an extra four points and would qualify them for PIP. The extra four points do not qualify somebody for PIP; instead, it qualifies them for a payment at a rate equivalent to a standard PIP rate. Mr Allen raised the issue of Troubles-related injuries.”
“Her Majesty's Revenue and Customs has also agreed in principle that any mitigation payments that replace disregarded income, such as disability living allowance, will themselves be disregarded when calculating entitlement to tax credits. In all cases, mitigation payments will be paid four weeks in arrears. <BR /> <BR />Claimants who become entitled to a mitigation payment after 1 April 2019 will receive mitigation payments from their entitlement date up to 31 March 2020, the end date of the mitigation scheme. Hence, some claimants will receive mitigation payments for less than one full year. <BR /> <BR />Finally, further measures recommended by the working group to mitigate welfare reform are being prepared with a view to these being presented to the Executive in the autumn.”
“There will, however, be an exception made for claimants who are temporarily absent from Northern Ireland for a period of up to four weeks, or 13 weeks if the absence is for the purposes of receiving medical treatment. In some cases, payment will not be made for periods of hospitalisation, care home residency and imprisonment. Mitigation payments will be disregarded when considering a person's entitlement to social security benefits. <BR /> <BR />Her Majesty's Treasury has indicated that mitigation payments in respect of non-taxable benefits, such as income support, will not be taxed. However, as carer's allowance is a taxable benefit, mitigation payments in respect of carer's allowance will be taxable.”
“Following the introduction of PIP in Northern Ireland, carers impacted in this way will receive a mitigation payment equal to the value of the carer award lost for up to one year from the date that their entitlement ceases. Payments to carers will be equal to the loss of the award incurred except for claimants receiving income support on the basis of providing care. In this case, the payment will be equal to the standard rate of carer's allowance. <BR /> <BR />There will be some common provisions relating to all of the mitigation payments that I have outlined here today. First, there will be a basic requirement that all claimants must be ordinarily resident in Northern Ireland and that they continue to reside here while payments are being made.”
“Eligible claimants must be in receipt of DLA and the relevant social security benefit or working tax credit on the date that they transition from DLA to PIP. <BR /> <BR />The third set of regulations relates to carers. Claimants who currently receive a carer premium, carer's allowance, income support or an additional amount for caring in the state pension credit will experience a loss of benefit if the person whom they currently provide care for is reassessed from DLA to PIP and does not qualify for the daily living component of PIP. In this scenario, as there would no longer be entitlement to a benefit paid for providing care, the carer would be negatively financially impacted. The Evason working group recommended provision of a supplementary payment to those eligible who experience such a loss of benefit.”
“The regulations also provide for scenarios where PIP is subsequently awarded or where an existing award is changed and how this affects the mitigation payment. <BR /> <BR />Let me now turn to claimants in receipt of disability premiums. Disability premiums, or elements, are additional payments that are made to claimants on income-related benefits or working tax credit who are also in receipt of DLA. The welfare supplementary payments for loss of disability premiums will enable those claimants who lose entitlement to one or more of the disability premiums or the severe disability element of working tax credit as a result of being reassessed from DLA to PIP to receive mitigation payments to cover their loss for up to one year.”
“It is expected that most existing DLA claimants who have a conflict-related injury will successfully migrate from DLA to PIP. In the event that someone with such an injury does not qualify for PIP, it is anticipated, in the first instance, that they will choose to avail themselves of mitigation payments under the appeal category. <BR /> <BR />Claimants may avail themselves of payments under only one of those three categories of the welfare supplementary payments for loss of disability living allowance at any time.”
“<BR /> <BR />Secondly, claimants who qualify for PIP at a reduced rate and whose weekly loss is £10 or more will receive mitigation payments for up to one year but not beyond 31 March 2020. The mitigation payments will be equal to 75% of the loss; that is, 75% of the difference in weekly benefit between the claimant's previous DLA payment and the new rate of payment for PIP. <BR /> <BR />Thirdly, claimants who do not qualify for PIP but are awarded between four and seven points under the PIP assessment criteria in either of the two components can, if they show that their disability is as a result of a conflict-related incident, qualify for a payment equivalent to the standard rate of either component, whichever is more advantageous. That will be paid for up to one year but again not beyond 31 March 2020.”
“There are three categories where mitigation payments may be made under the Welfare Supplementary Payments Regulations for the loss of disability living allowance. Two of those support claimants who have been refused PIP, and the third is available to claimants who are awarded PIP but at a reduced rate, compared with what they were receiving under DLA. Existing DLA claimants who appeal to tribunal or, subsequently, to a Social Security Commissioner, after not qualifying for PIP on reassessment, will receive mitigation payments equal to the weekly rates of their DLA payments until the date that the Department is notified of the appeal process but not beyond 31 March 2020.”
“<BR /> <BR />As there are different eligibility criteria for PIP, all existing DLA claimants of working age, of whom there are approximately 125,000 in Northern Ireland, will be required to claim and be reassessed for PIP. The Department will notify all DLA working-age claimants when they are required to claim PIP. Provided that claimants make their claim for PIP when requested to do so, they will continue to receive their DLA payments as normal through the reassessment process until four weeks after the eligibility for PIP has been determined. <BR /> <BR />The first set of regulations to be considered provide mitigation support to existing DLA claimants who are financially worse off following reassessment for PIP.”
“I thank Professor Evason and her colleagues on the working group for the work completed in bringing forward recommendations to the Executive that were subsequently endorsed on 21 January. <BR /> <BR />I seek the Assembly's approval for three sets of regulations that will introduce mitigation payments to claimants impacted by the loss of disability living allowance (DLA), disability premiums and carer's payments. The regulations will enable the Department for Communities to implement mitigation payments to claimants impacted by the introduction of the personal independence payment (PIP). PIP was introduced to Northern Ireland on 20 June 2016 and will replace disability living allowance for working-age claimants who are aged between 16 and 64.”
“I seek the Assembly's approval for the Welfare Supplementary Payments Regulations (Northern Ireland) 2016. The regulations are being brought in under article 137 of the Welfare Reform (Northern Ireland) Order 2015 and will make provision for mitigating changes to welfare benefits introduced under article 82 of the Order. The three draft statutory rules were approved by the Communities Committee on 16 June. <BR /> <BR />This is the second tranche of regulations to be made following publication of the welfare reform mitigations working group proposals. The group advised on how the Executive should help the most vulnerable as a consequence of the introduction of changes to the welfare system.”
“Mr Deputy Speaker, the more observant Members of the House will see that I am not the Minister for Communities. I have, however, received assurance from him that if there are any mistakes made this evening he will of course tender his resignation in the morning.”
“I therefore look forward to there being cross-party support to send out that signal to wider society.”
“It has been said, for instance, that, if we use a central register, we have to have something that does what it says on the tin and prevents animal cruelty. As Mr Lunn rightly pointed out, we need to make sure that we do not have a situation in which, for example, there is a specific ban on an individual owning a dog but that individual finds a loophole by getting a spouse, a son, a daughter or a friend to adopt the dog instead. I appreciate that how we police that will create great difficulties, and I look forward to the Minister's remarks, but we need a strong and robust system. Examination is needed to ensure that what we do have is the best possible. <BR /> <BR />In the context of the debate, it is evident that a very clear signal will yet again go from the House that we will not tolerate animal cruelty in Northern Ireland.”
“There needs to be a robust examination to ensure that we have something that is fit for purpose.”