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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

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

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

92146

registered interest
date	26/09/2014
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, what estimate he has made of the number of homecare workers in (a) England, (b) the North West and (c) Warrington who are being paid less than the minimum wage because they are not being paid for travel time between appointments.
tabling member constituency	Warrington North
tabling member printed	Helen Jones
uin	209743
answer	answer is ministerial correction date of answer 15/10/2014 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously. HM Revenue &amp; Customs (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>No estimates have been made. However, HMRC recognises the potential issues within the social care sector and have undertaken extensive compliance activity in this area. An evaluation of National Minimum Wage enforcement in the social care sector over the period 1 April 2011 to 31 March 2013 is available at:</p><p> </p><p><a href="https://www.gov.uk/government/publications/national-minimum-wage-compliance-in-the-social-care-sector" target="_blank">https://www.gov.uk/government/publications/national-minimum-wage-compliance-in-the-social-care-sector</a></p><p> </p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke question first answered 15/10/2014 14:51:54 answering member 1529 label Biography information for Mr David Gauke
tabling member	432 label Biography information for Helen Jones

91603

registered interest
date	11/09/2014
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
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 Communities and Local Government, what guidance his Department provides to local authorities on ensuring they do not commission home care services from organisations which are not compliant with national minimum wage legislation.
tabling member constituency	North West Durham
tabling member printed	Pat Glass
uin	209127
answer	answer is ministerial correction date of answer 13/10/2014 answer text <p>The Department of Health is responsible for policy on care and support, including the commissioning of social care services by local authorities. The commissioning of social care is a matter for individual local authorities.</p><p> </p><p>The Care Quality Commission, as regulator of health and adult social care services, regulates social care providers to ensure services comply with essential standards of safety and quality.</p><p> </p><p>My Department has not issued any guidance to local authorities about compliance with the National Minimum Wage by social care providers.HM Revenue and Customs has recently carried out an evaluation of compliance with the National Minimum Wage in the social care sector. This was published on 29 November 2013 and a copy has been placed in the Library of the House.</p> answering member constituency Keighley answering member printed Kris Hopkins grouped question UIN 209125 209128 209129 209136 209137 209138 question first answered 13/10/2014 15:21:21 answering member 4043 label Biography information for Kris Hopkins
tabling member	4103 label Biography information for Pat Glass

91604

registered interest
date	11/09/2014
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
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 Communities and Local Government, which local authorities have commissioned home care providers which are non-compliant with the national minimum wage legislation.
tabling member constituency	North West Durham
tabling member printed	Pat Glass
uin	209136
answer	answer is ministerial correction date of answer 13/10/2014 answer text <p>The Department of Health is responsible for policy on care and support, including the commissioning of social care services by local authorities. The commissioning of social care is a matter for individual local authorities.</p><p> </p><p>The Care Quality Commission, as regulator of health and adult social care services, regulates social care providers to ensure services comply with essential standards of safety and quality.</p><p> </p><p>My Department has not issued any guidance to local authorities about compliance with the National Minimum Wage by social care providers.HM Revenue and Customs has recently carried out an evaluation of compliance with the National Minimum Wage in the social care sector. This was published on 29 November 2013 and a copy has been placed in the Library of the House.</p> answering member constituency Keighley answering member printed Kris Hopkins grouped question UIN 209125 209127 209128 209129 209137 209138 question first answered 13/10/2014 15:21:21 answering member 4043 label Biography information for Kris Hopkins
tabling member	4103 label Biography information for Pat Glass

91606

registered interest
date	11/09/2014
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
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 Communities and Local Government, what discussions he has had with HM Revenue and Customs about launching proactive investigations into the non-payment of the national minimum wage in the home care sector.
tabling member constituency	North West Durham
tabling member printed	Pat Glass
uin	209138
answer	answer is ministerial correction date of answer 13/10/2014 answer text <p>The Department of Health is responsible for policy on care and support, including the commissioning of social care services by local authorities. The commissioning of social care is a matter for individual local authorities.</p><p> </p><p>The Care Quality Commission, as regulator of health and adult social care services, regulates social care providers to ensure services comply with essential standards of safety and quality.</p><p> </p><p>My Department has not issued any guidance to local authorities about compliance with the National Minimum Wage by social care providers.HM Revenue and Customs has recently carried out an evaluation of compliance with the National Minimum Wage in the social care sector. This was published on 29 November 2013 and a copy has been placed in the Library of the House.</p> answering member constituency Keighley answering member printed Kris Hopkins grouped question UIN 209125 209127 209128 209129 209136 209137 question first answered 13/10/2014 15:21:21 answering member 4043 label Biography information for Kris Hopkins
tabling member	4103 label Biography information for Pat Glass

91998

registered interest
date	26/09/2014
answering body	Department of Health
answering dept id	17
answering dept short name	Health
answering dept sort name	Health
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 Health, what recent discussions he has had with the Secretary of State for Business, Innovation and Skills and Mr Chancellor of the Exchequer on homecare workers receiving less than the minimum wage; and if he will make a statement.
tabling member constituency	Warrington North
tabling member printed	Helen Jones
uin	209597
answer	answer is ministerial correction date of answer 15/10/2014 answer text <p>The Department is clear that care providers must abide by the law with regards to payment of the national minimum wage and will continue to take steps to ensure this happens.</p><p> </p><p> </p><p> </p><p>Departmental officials are liaising with the Department for Business, Innovation and Skills on the issue of social care providers who do not comply with the national minimum wage, and with HMRC on their ongoing enforcement investigations. Under new arrangements that came into force in October 2013, employers found not to be paying the national minimum wage, including care providers, will be publically named.</p><p> </p><p> </p><p> </p><p>The Department is also developing a range of work to ensure providers are aware of their responsibilities, and have the practical tools, to ensure they are paying at least the national minimum wage.</p><p> </p><p> </p><p> </p><p>Local Authorities’ commissioning can also play an important role in ensuring that care workers receive the national minimum wage to which they are entitled. The Department has recently consulted on statutory guidance for local authorities as part of the package of secondary legislation to accompany the Care Act, including guidance on commissioning and market shaping. The draft guidance 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. Responses to the consultation are currently being analysed and the final guidance will be published in October. The Department is also working with the Association of Directors of Adult Social Services, the Local Government Association and the Health Services Management Centre at Birmingham University to develop a set of Commissioning Standards. Local authorities will be encouraged to use these as a benchmark to support them to improve commissioning practices, including those which have an impact on the social care workforce such as employer compliance with national minimum wage.</p><p> </p><p> </p><p> </p><p>The Department has recently provided a contribution to the Interim Evidence to the Low Pay Commission.</p><p> </p><p> </p><p> </p><p>Ministers have not had recent direct discussions with the Chancellor of the Exchequer on homecare workers receiving less than the minimum wage.</p><p> </p><p> </p><p> </p> answering member constituency North Norfolk answering member printed Norman Lamb question first answered 15/10/2014 15:12:54 answering member 1439 label Biography information for Norman Lamb
tabling member	432 label Biography information for Helen Jones

93234

registered interest
date	14/10/2014
answering body	Department of Health
answering dept id	17
answering dept short name	Health
answering dept sort name	Health
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 Health, if he will take steps to ensure that homecare workers are paid for time spent travelling between clients; and if he will make a statement.
tabling member constituency	Warrington North
tabling member printed	Helen Jones
uin	210315
answer	answer is ministerial correction date of answer 17/10/2014 answer text <p>The Department is clear that social care employers should pay homecare workers for their travel time between clients, in order for them to comply with National Minimum Wage (NMW) legislation.</p><p> </p><p> </p><p> </p><p>Care providers must abide by the law with regards to payment of the NMW and we are 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 NMW legislation and HM 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 NMW. In addition, the Department 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> answering member constituency North Norfolk answering member printed Norman Lamb question first answered 17/10/2014 11:59:24 answering member 1439 label Biography information for Norman Lamb
tabling member	432 label Biography information for Helen Jones