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174488

	answering dept short name	Work and Pensions
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p> </p><p>The French Government and European Union law makes a distinction between the <em>pays et territoires d’outre-mer</em> (PTOM) and the <em>départements d’outre mer (DOMs). </em>The PTOM include Saint-Pierre and Miquelon, Saint Barthélémy, French Polynesia, Wallis and Futuna and New Caledonia. These territories benefit from association with the EU but community law does not generally apply. With the exception of Saint- Barthélémy they have their own social protection schemes and are legally and financially autonomous. UK Winter Fuel Payments are not paid to residents in the PTOMs.</p><p> </p><p>The French Government treats its DOMs as integral parts of the French State and they are subject to the application of EU social security co-ordination regulations. Winter Fuel Payments are payable to residents in the DOMs, however this will end from September 2015.</p>

172933

	answering dept short name	Work and Pensions
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Bereavement benefits including Widowed Parent’s Allowance will be replaced by Bereavement Support Payment from April 2017. Those already in receipt of the existing benefit will not be affected by the change.</p><p><strong> </strong></p><p>An impact assessment was published in April 2014: “Replacement of existing Bereavement Benefits for New Claims from April 2017 – Bereavement Benefits for the 21<sup>st</sup> Century (in Great Britain)”</p><p><a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311318/pensions-act-ia-annex-d-bereavement-support-payment.pdf" target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311318/pensions-act-ia-annex-d-bereavement-support-payment.pdf</a></p>

173675

	answering dept short name	Justice
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Domestic abuse is the worst possible violation of the trust that those in close relationships place in one another. That is why tackling domestic violence and abuse has been one of this Government’s top priorities. We are committed to ensuring that victims of this serious crime are considered in all aspects of the criminal justice system, and supported appropriately.</p><p> </p><p>The Victims’ Code was implemented in December 2013. It sets out to criminal justice agencies the enhanced services and support they must provide to victims of the most serious crimes, including victims of domestic violence. This includes providing information on pre-trial therapy and counselling and referral to specialist organisations for support.</p><p>As part of the current pilot of adult out-of-court disposals, the Ministry of Justice has issued guidance to the three participating police forces (Staffordshire, West Yorkshire, and Leicestershire) setting out how the framework should be used for low-level offences involving domestic violence. The guidance imposes a number of restrictions on the forces and requires them to obtain the victim’s consent for the matter to be dealt with out of court.</p><p>In addition, the National Offender Management Service’s framework <em>Supporting Women offenders who have experienced domestic or sexual violence</em>, published in September 2011, is designed to provide guidance to those working with female offenders in custody and the community. The framework intends to ensure that interventions and services take place within an environment in which women who have been victims of domestic violence are able to both disclose abuse and receive support and advice in a safe, female only environment.</p><p> </p><p>In addition to these pieces of guidance, my Right Honourable Friend, the Secretary of State for the Home Department has issued the <em>Violence Against Women and Girls Action Plan</em>, which sets out the Government’s approach to tackling domestic violence and abuse, and is supported by guidance to victims, their friends, families, employers and colleagues.</p>

175968

	answering dept short name	Justice
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Domestic violence and abuse is a dreadful crime and has no place in our society. Tackling it has been one of this Government’s top priorities. We are determined to support victims in rebuilding their lives and reporting these crimes, and to make sure perpetrators are brought to justice. We have piloted and rolled out Clare's Law and domestic violence protection orders; extended the definition of domestic abuse to cover controlling behaviour and teenage relationships; run two successful campaigns to challenge perceptions of abuse; and placed Domestic Homicide Reviews on a statutory footing to make sure lessons are learned from individual tragedies. More recently we have added an amendment to the Serious Crime Bill at Commons Committee stage to create a new offence of domestic abuse.</p><p> </p><p>Information held centrally by the Ministry of Justice on the Court Proceedings Database does not include the circumstances behind each case beyond the description provided in the statute. It is not possible separately to identify from this centrally held information how many people imprisoned for contempt of court have also been victims of a crime. This detailed information may be held on court records but is not reported centrally to the Ministry of Justice. As such, the information requested could only be obtained at disproportionate cost.</p>

173571

	answering dept short name	Work and Pensions
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Eligibility for Winter Fuel Payments is based on female State Pension age. The latest estimates we have show that there are currently around 600,000 higher and additional rate taxpayers in Great Britain in 2014/15 who are above the female State Pension age and therefore qualify for Winter Fuel Payments<sup>1</sup>.</p><p> </p><p> </p><p>We ask people who want to return their payment to do so by post so that it can be dealt with securely under existing Departmental financial processes and recorded against their Winter Fuel Payment account. We also ask for a covering letter indicating whether or not they wish us to continue to issue payments in future years.</p><p> </p><p>Returned payments should be sent to the address on the issuing letter or to the office that pays the claimant’s benefit.</p><p> </p><p> </p><p>The latest estimates we have show that treating Winter Fuel Payments as taxable income would bring in around £250 million a year of additional revenue<sup>2</sup>.</p><p> </p><p>Notes:</p><p>1. This estimate is based on the 2011/12 Survey of Personal Incomes using economic assumptions consistent with the OBR’s November 2014 economic and fiscal outlook.</p><p>The estimate uses ONS population projections at mid year 2012 adjusted for financial years.</p><p>The estimate is rounded to the nearest 100,000.</p><p> </p><p>2. This estimate is based on DWP modelling using HMRC taxpayer data from November 2012 and Winter Fuel Payment caseload data from Winter 2013.</p><p>This takes into account revenue from Basic, Higher and Additional rate taxpayers.</p><p>Winter Fuel Payment rates are assumed to be £200 per year for recipients under 80 and £300 a year for recipients aged 80 and over.</p>

178591

	answering dept short name	Justice
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Employers have had a duty to prevent illegal working since 1997 by carrying out specified document checks on people before they employ them. Since 2008, this duty has been underpinned by a civil penalty scheme. In May 2014, this Government introduced measures making it simpler to check the immigration status of potential employees and at the same time doubled the maximum civil penalty to £20,000 for the employment of an illegal worker. The increased maximum civil penalty better reflects the harm caused by employing illegal workers, the costs to wider society and the unfair economic advantage derived from the activity.</p><p> </p><p>Where an employer knowingly employs an illegal worker the maximum penalty is two years’ imprisonment and/or an unlimited fine.</p><p> </p><p>The number of offenders sentenced to immediate custody for offences related to employing illegal immigrants, in England and Wales, from 2009 to 2013 can be viewed in the table</p><p> </p><table><tbody><tr><td colspan="7">Offenders sentenced to immediate custody for offences related to employing illegal immigrants, England and Wales, 2009 to 2013 <sup>(1)(2)</sup></td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Offence</td><td>Outcome</td><td>2009</td><td>2010</td><td>2011</td><td>2012</td><td>2013</td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td rowspan="3">Employing a person aged 16 and above subject to immigration control<sup> (3)</sup></td><td>Sentenced</td><td>29</td><td>4</td><td>2</td><td>1</td><td>1</td><td> </td><td> </td><td> </td></tr><tr><td>of which</td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Immediate custody</td><td>.</td><td>.</td><td>.</td><td>.</td><td>.</td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td rowspan="3">Employing a person knowing that they are an adult subject to immigration control <sup>(4)</sup></td><td>Sentenced</td><td>5</td><td>4</td><td>5</td><td>4</td><td>3</td><td> </td><td> </td><td> </td></tr><tr><td>of which</td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Immediate custody</td><td>1</td><td>.</td><td>2</td><td>1</td><td>.</td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td rowspan="3">Employing accession state national subject to worker authorisation in accession period <sup>(5)</sup></td><td>Sentenced</td><td>.</td><td>1</td><td>.</td><td>.</td><td>.</td><td> </td><td> </td><td> </td></tr><tr><td>of which</td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Immediate custody</td><td>.</td><td>.</td><td>.</td><td>.</td><td>.</td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>'-' = Nil</td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td colspan="7">(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.</td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td colspan="7">(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.</td><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td colspan="10">(3) An offence under Section 8 Asylum and Immigration Act 1996, amended Asylum and Immigration Act 2004</td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td colspan="10">(4) An offence under S 21 Immigration, Asylum and Nationality Act 2006</td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td colspan="10">(5) Offence under R12(1)(b) and (6) Accession (Immigration and Worker Authorisation) Regulations 2006</td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Source: Justice Statistics Analytical Services - Ministry of Justice.</td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Ref: PQ 223879</td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr></tbody></table><p> </p><p>Court proceedings data for 2014 are planned for publication in May 2015.</p>

179034

	answering dept short name	Justice
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Her Majesty’s Courts and Tribunals Service administrative staff provide help to courts and tribunals users directly at court buildings and hearing centres. Help is also provided by staff at call centres and through guidance provided on-line. While HMCTS staff cannot provide any legal advice, they are able to provide general help on procedure, including, where appropriate, guidance on the completion of court documents. Depending on the circumstances staff will also signpost users to appropriate advice agencies for this purpose. Through its budgeting and workforce planning processes HMCTS endeavours to ensure all activities are resourced to meet the demands of the service.</p><p>Where a party appears unrepresented in the Magistrates’ Court, the Legal Adviser has a general duty to assist and this includes providing assistance with the completion of court forms.</p>

175901

	answering dept short name	Work and Pensions
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>Her Majesty’s Government promote equal access to intern opportunities through a series of communications strands such as:</p><p> </p><p>· The rising awareness of Disability Confident Britain and it’s media profile will help increase awareness of the Access to Work (AtW) support available;</p><p>· Continually improving and developing Advisory knowledge and skills in supporting Disabled People into work and remaining in work, and;</p><p>· Marketing the Jobcentre Plus offer directly to employers and other organisations and institutions.</p><p> </p><p>Moreover, Access to Work gives practical support and help to meet additional costs to overcome barriers. AtW can usually support people only in paid internships, however we have extended Access to Work to cover the Supported internships scheme for young people with special educational needs and for young people undertaking Traineeships. DWP does not have a robust means of reporting programme volumes for internships.</p>

225488

	answering dept short name	Justice
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>I am replying as the Ministry of Justice has overall responsibility for this legislation. The Government is absolutely clear that stalking and harassment, which cause misery for victims, are totally unacceptable. That is why in 2012 we added to the existing offences in the Protection from Harassment Act 1997 (harassment (section 2) and putting people in fear of violence (section 4)) two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A).</p><p> </p><p>The 1997 Act also gives the courts the option, upon conviction or acquittal for an offence under it, of making a restraining order for the purpose of protecting the victim of an offence, or any other person mentioned in the order, from conduct that amounts to harassment or that will cause fear of violence. Breach of such an order is a criminal offence carrying a maximum sentence of five years in prison, or a fine, or both.</p><p> </p><p>The number of offenders convicted on one, two, or three or more occasions, in each of the last five years for which data is available, of breaching a restraining order can be viewed in the table below. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department. The PNC holds details of all convictions and cautions given for recordable offences. As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.<br></p><p> </p><p /> <p> </p><p /><table><tbody><tr><td colspan="4"><p><strong>Number of offenders breaching restraining orders<sup>1</sup>, England and Wales<sup>2</sup></strong></p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong> </strong></p></td><td colspan="3"><p><strong>Number of restraining order breach offences<sup>3</sup></strong></p></td></tr><tr><td><p><strong>12 months ending September<sup>4</sup></strong></p></td><td><p><strong>1</strong></p></td><td><p><strong>2</strong></p></td><td><p><strong>3 or more</strong></p></td></tr><tr><td><p>2010</p></td><td><p>1,655</p></td><td><p>211</p></td><td><p>71</p></td></tr><tr><td><p>2011</p></td><td><p>2,738</p></td><td><p>456</p></td><td><p>138</p></td></tr><tr><td><p>2012</p></td><td><p>3,638</p></td><td><p>607</p></td><td><p>216</p></td></tr><tr><td><p>2013</p></td><td><p>4,086</p></td><td><p>710</p></td><td><p>221</p></td></tr><tr><td><p>2014</p></td><td><p>4,822</p></td><td><p>767</p></td><td><p>244</p></td></tr><tr><td colspan="3"><p><strong>Data Source</strong>: MoJs copy of the Police National Computer</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><sup>1.</sup> Includes offences covered by:</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="4"><p>- Breach of a restraining order under s5 of the Protection from Harassment Act 1997</p></td></tr><tr><td colspan="4"><p>- Breach of restraining Order under s5A of the Sex Offenders Act 1997 (Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997. However, it is possible for cases to still appear where an offender is subject to one of the orders that pre-date the Sexual Offences Act 2003)</p></td></tr><tr><td colspan="4"><p>- Breach of a restraining order on acquittal under s.5A of the Protection from Harassment Act 1997</p></td></tr><tr><td colspan="2"><p><sup>2.</sup> England and Wales includes all 43 police force areas and the British Transport Police</p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="4"><p><sup>3.</sup> Where the primary offence on a given occasion was a restraining order breach offence.</p></td></tr><tr><td colspan="4"><p><sup>4.</sup> The same offender may appear in multiple years.</p></td></tr></tbody></table><p> </p><p /> <p>The number of restraining orders issued and sentences given for breaches of restraining orders, from 2009 to 2013 (the latest available) in England and Wales, can be viewed in the table below. These figures are taken from the Ministry of Justice (MoJ) court proceedings database.</p><p> </p><p /> <p><strong>Number of restraining orders issued and sentences given for breaches of restraining orders, England &amp; Wales, 2009 to 2013<sup>(1)(2)</sup></strong></p><p /> <p /><table><tbody><tr><td><p> </p></td><td><p>2009</p></td><td><p>2010</p></td><td><p>2011</p></td><td><p>2012</p></td><td><p>2013</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Offenders issued with a restraining order<sup>(3)(4)(5)</sup></p></td><td><p>5,074</p></td><td><p>10,761</p></td><td><p>19,551</p></td><td><p>20,067</p></td><td><p>20,304</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Offenders convicted for breaching a restraining order</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Convicted</p></td><td><p>1,464</p></td><td><p>2,920</p></td><td><p>4,558</p></td><td><p>5,699</p></td><td><p>6,337</p></td></tr><tr><td><p>Sentenced</p></td><td><p>1,329</p></td><td><p>2,798</p></td><td><p>4,431</p></td><td><p>5,608</p></td><td><p>6,194</p></td></tr><tr><td><p>Immediate custody</p></td><td><p>457</p></td><td><p>904</p></td><td><p>1,594</p></td><td><p>2,101</p></td><td><p>2,236</p></td></tr><tr><td><p>Suspended sentence</p></td><td><p>178</p></td><td><p>381</p></td><td><p>507</p></td><td><p>667</p></td><td><p>822</p></td></tr><tr><td><p>Community sentence</p></td><td><p>371</p></td><td><p>779</p></td><td><p>1,299</p></td><td><p>1,461</p></td><td><p>1,563</p></td></tr><tr><td><p>Fine</p></td><td><p>141</p></td><td><p>321</p></td><td><p>469</p></td><td><p>705</p></td><td><p>847</p></td></tr><tr><td><p>Absolute discharge</p></td><td><p>5</p></td><td><p>15</p></td><td><p>19</p></td><td><p>28</p></td><td><p>40</p></td></tr><tr><td><p>Conditional discharge</p></td><td><p>93</p></td><td><p>237</p></td><td><p>385</p></td><td><p>462</p></td><td><p>469</p></td></tr><tr><td><p>Otherwise dealt with</p></td><td><p>84</p></td><td><p>161</p></td><td><p>158</p></td><td><p>184</p></td><td><p>217</p></td></tr></tbody></table><p> </p><p /><table><tbody><tr><td colspan="6"><p>(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(3) Includes restraining orders issued on conviction or acquittal.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="2"><p>(4) Issued under either S.5 Protection from Harassment Act 1997 or S.5A Sex Offenders Act 1997.</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(5) Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997 and Sex Offender Orders under s.2 Crime and Disorder Act 1998. However, it is possible for cases to still appear where an offender is subject to one of the orders that pre-date the Sexual Offences Act 2003.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Source: Justice Statistics Analytical Services - Ministry of Justice.</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>PQ: 226457</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table><p /> <p /> <p>Court proceedings data for 2014 are planned for publication in May 2015.</p><p> </p><p>Figures taken from the PNC database will differ from figures taken from the MoJ court proceedings database. Hence, police recorded crime and court proceedings data are not directly comparable.</p><p> </p><p>As the Violence Against Women and Girls Report (Home Office, 2015) notes: “Increases in reporting of domestic abuse incidents indicate that victims have more confidence in the criminal justice system. Prosecutions for domestic abuse have increased while out of court disposals for domestic abuse at the pre-charge stage have reached their lowest levels, and we have seen increases in the volume of prosecutions and conviction rate for all VAWG offences. These figures are showing that not only are victims more confident in coming forward – the criminal justice system is delivering improved outcomes for them.”</p>

172822

	answering dept short name	Justice
	type	WrittenParliamentaryQuestion
	answer	answer answer text <p /> <p>I can confirm that Question 217822 was answered on 13 January 2015. The answer can be found at the following link:</p><p> </p><p>http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2014-12-09/217822/</p>