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100311

	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	Social Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how much of the national minimum wage arrears identified in the social care sector by HM Revenue and Customs in the findings of its social care evaluation of November 2013 have been recovered and paid to the workers affected.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211605
	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 211653 question first answered 03/11/2014 15:22:53 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham

100420

	registered interest
	date	22/10/2014
	answering body	Department of Health
	answering dept id	17
	answering dept short name	Health
	answering dept sort name	Health
	hansard heading	Social Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Health, how many meetings officials of his Department have had with officials of the Department for Business, Innovation and Skills on the naming and shaming of social care providers who do not comply with National Minimum Wage legislation; and when he expects such social care providers to be named and shamed for such non-compliance.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211603
	answer	answer is ministerial correction date of answer 29/10/2014 answer text <p>During the course of this year, officials from the Department of Health and the Department for Business, Innovation and Skills (BiS) have formally met once for policy discussions on the issue of non-compliance of social care employers with National Minimum Wage legislation. I have also recently written to the Parliamentary Under-Secretary for Employment Relations (Jo Swinson) on this subject.</p><p> </p><p> </p><p> </p><p>The new scheme making it easier to name and shame employers who do not comply with National Minimum Wage legislation came into effect from October 2013 and applies to investigations initiated after that date. HM Revenue and Customs leads on the conduct of investigations and makes recommendations to BiS Ministers on the issue of naming employers found to be in breach. The timing of any naming of social care providers is therefore dependent on the outcome of investigations, and will follow where appropriate.</p><p> </p> answering member constituency North Norfolk answering member printed Norman Lamb question first answered 29/10/2014 14:40:50 answering member 1439 label Biography information for Norman Lamb
	tabling member	4122 label Biography information for Alex Cunningham

100843

	registered interest
	date	24/10/2014
	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	Social 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 assessment his Department has made of the merits of HM Revenue and Customs launching pro-active investigations into the non-payment of the national minimum wage.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211865
	answer	answer is ministerial correction date of answer 03/11/2014 answer text <p>The Government has not undertaken a formal assessment of the merits of pro-active investigations but believes they are an important part of enforcement.</p><p> </p><p> </p><p> </p><p>HMRC published findings from their targeted social care evaluation on 25 November 2013. Over the period 1 April 2011 to 31 March 2013, HMRC had made enquiries into 224 employers in the social care sector. Of the cases completed by the end of September 2014, HMRC have found non-compliance in 108 (48%) of their enquiries, identifying £1,319,729 arrears of pay for 6,550 workers, with penalties issued with a total value of £146,931.</p><p> </p><p> </p><p> </p><p>As part of this targeted enforcement activity, 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 Department of Health has recently published statutory guidance for local authorities as part of the package of secondary legislation that accompanies the Care Act. The chapter of statutory guidance on commissioning and market shaping explicitly states that local authorities should have evidence that contract terms, conditions and fee levels will not compromise care providers’ ability to pay at least minimum wages. A copy of the guidance can be found at <a href="https://www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation" target="_blank">https://www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation</a></p><p> </p><p> </p><p> </p><p>The Department of Health is asking all Local Authorities to sign up to the Social Care Commitment which incorporates a statement about employer compliance with minimum wage legislation. The Association of Directors of Adult Social Services has written out to all its members encouraging them to support the Commitment as a way of raising standards in adult social care.</p><p> </p><p> </p><p> </p><p>We regularly update our Guidance on Gov.UK and we will continue to work with the sector to improve understanding and compliance.</p><p> </p><p> </p><p> </p><p>Any worker who believes that they are being paid below the minimum wage should call the Pay &amp; Work Rights Helpline on 0800 917 2368. HM Revenue &amp; Customs investigate all complaints.</p><p> </p> answering member constituency East Dunbartonshire answering member printed Jo Swinson question first answered 03/11/2014 11:47:07 answering member 1513 label Biography information for Jo Swinson
	tabling member	4122 label Biography information for Alex Cunningham

100854

	registered interest
	date	24/10/2014
	answering body	Department of Health
	answering dept id	17
	answering dept short name	Health
	answering dept sort name	Health
	hansard heading	Social Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Health, whether his Department has made an assessment of or received evidence on the effect on care standards of non-payment of the national minimum wage in the social care sector.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211866
	answer	answer is ministerial correction date of answer 03/11/2014 answer text <p>The Department has not conducted any recent research on the effect of treatment of staff on standards of care and on the relationship between levels of pay and quality of social care services.</p><p> </p><p> </p><p> </p><p>As part of the development of Caring for our Future white paper in 2011, the Department undertook extensive engagement with both service users and carers who highlighted a range of issues they felt needed addressing to ensure high quality care and support is available. In addressing this, the Department, working with the Sector Skills Council – Skills for Care – and other partners, has implemented a range of policies that has included setting out clear minimum training standards, recruiting more apprentices and supporting the transformation of the social work profession.</p><p> </p><p> </p><p> </p><p>There are a number of factors that determine the quality of care provided in the social care sector, including the way staff are treated. Pay is not the single most significant factor in delivering high quality services.</p><p> </p><p> </p><p> </p><p>The Department is clear however that care providers must abide by the law with regards to payment of the national minimum wage and is taking steps to ensure this happens. The Department is liaising with the Department for Business, Innovation and Skills to name and shame any social care providers who do not comply with the national minimum wage legislation and Her Majesty’s Revenue and Customs is continuing to carry out enforcement action in the social care sector and will investigate all complaints made by care workers that their employer is not paying them the national minimum wage. In addition, it is looking to ensure that the statutory guidance that will accompany the Care Act on commissioning and market shaping explicitly states local authorities should have evidence that contract terms, conditions and fee levels are appropriate to provide the agreed care packages with agreed quality of care.</p><p> </p><p> </p><p> </p> answering member constituency North Norfolk answering member printed Norman Lamb question first answered 03/11/2014 16:37:18 answering member 1439 label Biography information for Norman Lamb
	tabling member	4122 label Biography information for Alex Cunningham

100855

	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	Social Services: Pay
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, whether HM Revenue and Customs plans to launch any further pro-active investigations into non-compliance with the national minimum wage in the social care sector.
	tabling member constituency	Stockton North
	tabling member printed	Alex Cunningham
	uin	211864
	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 211863 question first answered 03/11/2014 15:30:24 answering member 1529 label Biography information for Mr David Gauke
	tabling member	4122 label Biography information for Alex Cunningham