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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

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

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