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173157

	registered interest
	date	12/01/2015
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	Treasury
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how many complaints received by HM Revenue and Customs regarding non-payment of the national minimum wage by domiciliary care providers in (a) 2013 and (b) 2014 led to formal investigations being carried out.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	220466
	answer	answer is ministerial correction date of answer 19/01/2015 answer text <p>The Government takes the enforcement of National Minimum Wage very seriously. Any worker who believes that they are being paid below the minimum wage should make a complaint to the Pay &amp; Work Rights Helpline (PWRH) on 0800 917 2368.</p><p> </p><p> </p><p> </p><p>HMRC review every complaint referred to them by the PWRH and, in addition, collate and analyse data from various sources to identify employers more likely not to be paying National Minimum Wage and undertake targeted enforcement against those employers.</p><p> </p><p> </p><p> </p><p>However, some complaints may not lead to the commencement of an investigation. This might be due to incomplete information being provided, or the worker subsequently wishing to withdraw their complaint. Similarly, multiple complaints about the same employer would only be recorded under one investigation. Therefore HMRC do not record statistics by complaints received, but by investigations completed.</p><p> </p><p> </p><p> </p><p>I therefore refer my honourable friend to the answer provided to him on 17 October 2014; UIN 209191.</p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 220435 question first answered 19/01/2015 17:49:24 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham

173158

	registered interest
	date	12/01/2015
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	Treasury
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how many complaints were received by HM Revenue and Customs regarding non-payment of the national minimum wage by domiciliary care providers in (a) 2013 and (b) 2014.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	220435
	answer	answer is ministerial correction date of answer 19/01/2015 answer text <p>The Government takes the enforcement of National Minimum Wage very seriously. Any worker who believes that they are being paid below the minimum wage should make a complaint to the Pay &amp; Work Rights Helpline (PWRH) on 0800 917 2368.</p><p> </p><p> </p><p> </p><p>HMRC review every complaint referred to them by the PWRH and, in addition, collate and analyse data from various sources to identify employers more likely not to be paying National Minimum Wage and undertake targeted enforcement against those employers.</p><p> </p><p> </p><p> </p><p>However, some complaints may not lead to the commencement of an investigation. This might be due to incomplete information being provided, or the worker subsequently wishing to withdraw their complaint. Similarly, multiple complaints about the same employer would only be recorded under one investigation. Therefore HMRC do not record statistics by complaints received, but by investigations completed.</p><p> </p><p> </p><p> </p><p>I therefore refer my honourable friend to the answer provided to him on 17 October 2014; UIN 209191.</p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 220466 question first answered 19/01/2015 17:49:24 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham

91696

	registered interest
	date	12/09/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how many home care providers were investigated by HM Revenue and Customs in each of the last four years; and what proportion of those providers was found not to be paying the national minimum wage.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	209191
	answer	answer is ministerial correction date of answer 17/10/2014 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously. HMRC review every complaint that is referred to them by the Pay and Work Rights Helpline. In addition, by collating and analysing data received from various sources, HMRC ensure targeted enforcement to identify employers across the United Kingdom who are more likely to be not paying NMW.</p><p> </p><p> </p><p> </p><p>The Government has increased the financial penalty percentage from 50% to 100% of the unpaid wages owed to workers, and the maximum penalty from £5,000 to £20,000. These new limits are now in force where arrears are identified in pay reference periods on or after 7 March 2014. The Government will also bring in primary legislation as soon as possible so that the maximum £20,000 penalty can apply to each underpaid worker.</p><p> </p><p> </p><p> </p><p>The following table shows the number of employers in the home care sector over the past four years where HMRC have commenced and completed investigations. It also shows the percentage of instances where employers were found to be non-complaint with NMW legislation as a result of these investigations. <ins></ins></p><p> </p><p> </p><p> </p><table><tbody><tr><td><p>Year</p></td><td><p>Investigations</p></td><td> </td><td><p>Percentage</p></td></tr><tr><td><p>2010/11</p></td><td><p>13</p></td><td><p> </p></td><td><p>23%</p></td></tr><tr><td><p>2011/12</p></td><td><p>46</p></td><td><p> </p></td><td><p>39%</p></td></tr><tr><td><p>2012/13</p></td><td><p>24</p></td><td><p> </p></td><td><p>46%</p></td></tr><tr><td><p>2013/14</p></td><td><p>13</p></td><td><p> </p></td><td><p>15%</p></td></tr></tbody></table><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke question first answered 17/10/2014 13:16:28 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham

100318

	registered interest
	date	22/10/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	Treasury
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, pursuant to the Answer of 17 October 2014 to question 209191, how many investigations by HM Revenue and Customs into the home care sector were conducted in the first six months of 2014-15.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211653
	answer	answer is ministerial correction date of answer 03/11/2014 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously.</p><p> </p><p> </p><p> </p><p>HMRC does not keep data in a format to enable provision of the statistics requested on the amount of arrears paid or not paid to workers. HMRC contacts every employer whom they find has paid workers below the National Minimum Wage to confirm that they have paid the identified arrears to the workers. In addition, where it has found arrears for five or fewer workers it will contact all the workers to confirm payment by the employer. In cases involving arrears for more than five workers it will contact a minimum sample of five workers to confirm payment by the employer. HMRC will pursue non-payment of arrears through civil recovery action.</p><p> </p><p> </p><p> </p><p>HMRC review every complaint that is referred to them by the Pay and Work Rights Helpline and will always investigate any case of possible National Minimum Wage abuse. Therefore there will always be variation in the number of cases investigated within specific sectors.</p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 211547 211605 question first answered 03/11/2014 15:22:54 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham

100853

	registered interest
	date	24/10/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	Treasury
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, what assessment his Department has made of the benefits and disbenefits of HM Revenue and Customs launching pro-active investigations into the home care sector and the non-payment of the national minimum wage.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211863
	answer	answer is ministerial correction date of answer 03/11/2014 answer text <p>The Government takes the enforcement of National Minimum Wage very seriously. Any worker who believes that they are being paid below the minimum wage should make a complaint to the Pay &amp; Work Rights Helpline on 0800 917 2368. HMRC review every complaint that is referred to them by the Pay and Work Rights Helpline. In addition, by collating and analysing data received from various sources, HMRC ensure targeted enforcement through robust risk assessment processes to identify employers across the United Kingdom who are more likely to be not paying National Minimum Wage.</p><p> </p><p> </p><p>As part of the targeted enforcement activity undertaken, HMRC have collaborated with care sector representative bodies, such as the UK Home Care Association, and payroll software service providers to improve understanding and awareness of National Minimum Wage compliance issues and assist in the development of compliance toolkits to enable those organisations to promote and facilitate voluntary compliance.</p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 211864 question first answered 03/11/2014 15:30:25 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham

91678

	registered interest
	date	12/09/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Innovation and Skills, what estimate his Department has made of (a) the profitability of the home care sector of the economy and (b) the proportion of home care providers which do not pay their employees the national minimum wage.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	209190
	answer	answer is ministerial correction date of answer 13/10/2014 answer text <p>The Department of Health has discussions with homecare providers and the trade bodies that represent them, but they do not measure the profitability of the sector as a whole.</p><p> </p><p>Between the periods of 1<sup>st</sup> April 2011 and 31<sup>st</sup> March 2013, HMRC made targeted enquiries into 224 employers in the social care sector of which 206 have been completed. HMRC found non-compliance in 104 (50%) of these enquiries identifying for 6,367 workers.</p><p> </p> answering member constituency East Dunbartonshire answering member printed Jo Swinson question first answered 13/10/2014 13:40:27 answering member 1513 label Biography information for Jo Swinson
	tabling member	4122 label Biography information for Alex Cunningham

91677

	registered interest
	date	12/09/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Innovation and Skills, what steps he is taking to tackle non-payment of the national minimum wage in the home care sector; and what assessment he has made of the accuracy of the estimate of the numbers not in receipt of the national minimum wage in paragraph 2.20 of the National Audit Office report, Adult social care in England: overview, HC 1102.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	209189
	answer	answer is ministerial correction date of answer 13/10/2014 answer text <p>The Government is committed to increasing compliance with minimum wage legislation and the effective enforcement of it. Everyone who is entitled to the minimum wage should receive it.</p><p> </p><p>The Government has collaborated with care sector representative bodies to improve understanding of compliance risks and design controls within payroll systems that prevent workers being underpaid the minimum wage, in order to improve compliance.</p><p> </p><p>Guidance on Gov.uk has been updated to make it as clear as possible that travel time and rest breaks between assignments must be paid at least the national minimum wage (NMW).</p><p> </p><p>In addition, the Government will continue to work with the sector to ensure that understanding improves. This will include the Department of Health’s statutory guidance as part of the overall guidance on market shaping and commissioning the final version of which will be published in Autumn 2014.</p><p> </p><p>We have considered the National Audit Office report and note that their estimates come from a self-reported survey of care workers. Examination of surveys of individuals (such as the Labour Force Survey) find that some people tend to report longer working hours and a lower hourly rate compared to those reported by employers who pay the minimum wage.</p><p> </p><p>The current best estimate of non-compliance is derived from the Annual Survey of Hours and Earnings (ASHE)[1]. The Low Pay Commission[2] published the proportion of jobs held by those aged 22 and over, paid below the NMW by sector. Figures show that non-compliance is relatively low in social care (0.8%) compared with other sectors. This is generally in line with non-compliance in the whole economy.</p><p> </p><p> </p><p>This estimate, as well as all estimates of non-compliance, has some limitations. However, there are no reasons to suppose that these limitations affect the social care sector more or less than the econom<ins class="ministerial">y</ins> <ins class="ministerial">as a whole.</ins></p><p> </p><p>[1] ASHE is a survey of employees completed by employers which we can use to look at workers earning at or below the NMW rate.</p><p>[2]<a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/288841/The_National_Minimum_Wage_LPC_Report_2014.pdf" target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/288841/The_National_Minimum_Wage_LPC_Report_2014.pdf</a></p><p> </p><p> </p> answering member constituency East Dunbartonshire answering member printed Jo Swinson question first answered 13/10/2014 14:26:37 question first ministerially corrected 13/10/2014 15:49:32 answering member 1513 label Biography information for Jo Swinson previous answer version 21455 answering member constituency East Dunbartonshire answering member printed Jo Swinson answering member 1513 label Biography information for Jo Swinson
	tabling member	4122 label Biography information for Alex Cunningham

101306

	registered interest
	date	28/10/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Home Care Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Innovation and Skills, what steps his Department has taken to take account of the omission of (a) some workers paid below the lower earnings limit and (b) unpaid travel time from the Annual Survey of Hours and Earnings when using that survey to estimate non-payment of the national minimum wage among homecare workers.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	212198
	answer	answer is ministerial correction date of answer 05/11/2014 answer text <p>The Annual Survey of Hours and Earnings (ASHE) is an employer based pay survey and provides the most accurate information available from which we can derive non-compliance estimates. Estimates are based on a sample from pay-as-you-earn (PAYE) data and may not include some workers earning below the lower earnings limit. However, following the introduction of Real Time Information, ASHE now includes the majority of those earning below the lower earnings limit.</p><p> </p><p> </p><p> </p><p>The HMRC paper “National Minimum Wage compliance in the social care sector” (November 2013) looked at, amongst other things, the issue of unpaid travel time in compliance. It found that unpaid travel time was not the main cause of non-compliance in the sector.</p><p> </p><p> </p><p> </p><p>We take non-compliance in the care sector very seriously, and to proactively tackle non-compliance HMRC have collaborated with care sector representative bodies to improve understanding of compliance risks and design controls within payroll systems that prevent workers being underpaid the minimum wage.</p><p> </p><p> </p><p> </p><p>The Government is committed to increasing compliance with minimum wage legislation and effective enforcement of it. Everyone who is entitled to the minimum wage should receive it. Individuals should contact the Pay and Work Rights Helpline on 0800 917 2368. HMRC investigates every complaint made.</p><p> </p> answering member constituency East Dunbartonshire answering member printed Jo Swinson question first answered 05/11/2014 15:11:25 answering member 1513 label Biography information for Jo Swinson
	tabling member	4122 label Biography information for Alex Cunningham