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1121579

registered interest
date	11/04/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Social Services: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps they are taking to check whether agencies employing careworkers are paying the costs of such workers for their travel between clients.
tabling member printed	Baroness Gardner of Parkes
uin	HL15230
answer	answer is ministerial correction date of answer 29/04/2019 answer text <p>Time spent travelling from one client to another counts as time worked for minimum wage purposes, and the Government is clear that everyone entitled to the National Minimum and Living Wage (NMW) should receive it. Since 2015, the Government has almost doubled the budget for enforcing the NMW to £26.3 million, a record high.</p><p>Anyone who feels they are not receiving the NMW should contact the Advisory, Conciliation and Arbitration Service (Acas), who provide free, impartial information and advice on all aspects of workplace relations and employment law. Where appropriate, Acas can pass on complaints to HMRC for enforcement; HMRC follow up on all complaints received from workers about possible NMW underpayment.</p> answering member printed Lord Henley question first answered 29/04/2019 10:09:04 answering member 2616 label Biography information for Lord Henley
tabling member	3596 label Biography information for Baroness Gardner of Parkes

923283

registered interest
date	13/06/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
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 and Social Care, when he plans to make a decision on backdated sleep-in payments.
tabling member constituency	Mid Sussex
tabling member printed	Sir Nicholas Soames
uin	153159
answer	answer is ministerial correction date of answer 18/06/2018 answer text <p>The Government recognises the pressure that sleep-ins back pay liabilities are placing on providers of social care. Any decisions required will be made in due course, ahead of this the Government is exploring options to minimise any impact on the sector.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 18/06/2018 15:33:09 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	116 label Biography information for Lord Soames of Fletching

904788

registered interest
date	15/05/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
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 and Social Care, what the hourly rate of pay was which local authorities set for care providers in (a) residential care and (b) community-based care (i) as a national average and (ii) for each local authority.
tabling member constituency	Kingston upon Hull North
tabling member printed	Diana Johnson
uin	144240
answer	answer is ministerial correction date of answer 22/05/2018 answer text <p>The vast majority of local authority funded social care is commissioned from external providers and local authorities do not directly set rates of staff pay in these providers.</p><p> </p><p>Information on the average unit cost of care commissioned by local authorities is available for 2016/17 in the attached document.</p><p> </p><p>No data is collected centrally on the rates of pay paid to staff caring for local authority funded clients.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 22/05/2018 15:19:21 answering member 4008 label Biography information for Dame Caroline Dinenage attachment 1 file name Average Unit Cost of Care Commissioned by Local Authorities.xlsx title PQ144240
tabling member	1533 label Biography information for Dame Diana Johnson

895581

registered interest
date	01/05/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
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 and Social Care, what steps he plans to take to ensure that small local social care providers who are unable to fund historic back-pay liabilities for sleep-in shifts will not be forced into closure.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	140100
answer	answer is ministerial correction date of answer 08/05/2018 answer text <p>The Government recognises the pressures that sleep-in liabilities are placing on social care providers of all sizes, and is exploring options to minimise any impact on the sector. Any intervention to support the sector would need to be proportionate and necessary.</p><p> </p><p>In the interim, the Government will continue to work closely with stakeholders to ensure that we have a clear understanding of any impact the sector may face.</p> answering member constituency Gosport answering member printed Caroline Dinenage grouped question UIN 140098 140099 question first answered 08/05/2018 16:31:17 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4131 label Biography information for Jim Shannon

845686

registered interest
date	20/02/2018
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
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, Energy and Industrial Strategy, with reference to the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018, if he will take steps to ensure that social care employers provide details of all working time including (a) travel time and (b) sleep-in time on pay slips.
tabling member constituency	Wallasey
tabling member printed	Ms Angela Eagle
uin	128658
answer	answer is ministerial correction date of answer 23/02/2018 answer text <p>The Order requires all employers to provide details in payslips on the total number of hours paid for. This is to allow workers to identify any under recording of hours worked, and to encourage them to either raise this with their employer or make a free, confidential complaint to Acas. During a Government consultation we gathered evidence on the benefits and drawbacks of introducing further provisions requiring employers to disaggregate hours worked on payslips, and decided against making this a statutory requirement. However, many employers take this approach.</p><p> </p> answering member constituency Burton answering member printed Andrew Griffiths question first answered 23/02/2018 14:29:55 answering member 3936 label Biography information for Andrew Griffiths
tabling member	491 label Biography information for Dame Angela Eagle

843706

registered interest
date	19/02/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
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 and Social Care, how much funding from the public purse has been set aside to support care providers in funding the (a) historical capital costs and (b) ongoing revenue costs of complying with the tribunal ruling on sleep-in payments and the national minimum wage.
tabling member constituency	Kingston upon Hull North
tabling member printed	Diana Johnson
uin	128062
answer	answer is ministerial correction date of answer 22/02/2018 answer text <p>The Government recognises the pressure that has been placed on the sleep-in sector by historic liabilities for back pay and is exploring options to minimise any impact on the social care sector.</p><p> </p><p>It is crucially important that we ensure stability within the social care sector; not just for vulnerable service users, but also for the many thousands of low paid workers within the sector.</p><p> </p><p>At the Spring Budget 2017 we provided an additional £2 billion to councils for social care. The ongoing pressure arising from enforcement of National Minimum Wage for sleep-in shifts was one of the costs the Government took account of in deciding to provide this sum of additional funding.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 22/02/2018 16:14:38 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	1533 label Biography information for Dame Diana Johnson

804772

registered interest
date	12/12/2017
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Social Services: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what advice they (1) received from HMRC, and (2) gave to local authorities, on sleeping-in payments over the last ten years.
tabling member printed	Baroness McDonagh
uin	HL4101
answer	answer is ministerial correction date of answer 18/12/2017 answer text <p>All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.</p><p>It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.</p><p>The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.</p> answering member printed Lord Henley grouped question UIN HL4100 HL4102 question first answered 18/12/2017 16:59:09 answering member 2616 label Biography information for Lord Henley
tabling member	3701 label Biography information for Baroness McDonagh

804773

registered interest
date	12/12/2017
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Social Services: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment has been made of the impact on charities and other voluntary organisations providing social care of new advice on the statutory provision of sleeping-in payments.
tabling member printed	Baroness McDonagh
uin	HL4102
answer	answer is ministerial correction date of answer 18/12/2017 answer text <p>All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.</p><p>It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.</p><p>The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.</p> answering member printed Lord Henley grouped question UIN HL4100 HL4101 question first answered 18/12/2017 16:59:09 answering member 2616 label Biography information for Lord Henley
tabling member	3701 label Biography information for Baroness McDonagh

756999

registered interest
date	04/09/2017
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
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, Energy and Industrial Strategy, under what provisions enforcement activity on the payment of sleep-in shifts by social care providers was temporarily suspended until 2 October 2017.
tabling member constituency	Oxford West and Abingdon
tabling member printed	Layla Moran
uin	7885
answer	answer is ministerial correction date of answer 07/09/2017 answer text <p>The suspension announced on 26 July is temporary; it does not change workers’ legal entitlement to their arrears of pay for any underpayments of the National Minimum Wage. The relevant enforcement power in the National Minimum Wage Act, to issue notices of underpayment, is discretionary. The suspension is consistent with this and is in line with the Government’s NMW enforcement policy on sleep-in shifts in the social care sector, as set out in a statement made on 26 July 2017. Workers may continue to enforce their rights through employment tribunals and the courts while the suspension is in force.</p><p> </p> answering member constituency Stourbridge answering member printed Margot James question first answered 07/09/2017 13:10:15 answering member 4115 label Biography information for Margot James
tabling member	4656 label Biography information for Layla Moran

223519

registered interest
date	25/02/2015
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, what the name is of each social care provider being investigated by HM Revenue and Customs for non-compliance with national minimum wage regulations.
tabling member constituency	Leicester West
tabling member printed	Liz Kendall
uin	225483
answer	answer is ministerial correction date of answer 02/03/2015 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously and 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>HM Revenue and Customs (HMRC) are unable to comment on ongoing investigations.</p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke question first answered 02/03/2015 17:47:21 answering member 1529 label Biography information for Mr David Gauke
tabling member	4026 label Biography information for Liz Kendall