Contribution
I am grateful to all noble Lords. The noble Viscount just described these amendments as thoughtful and necessary. I think that they are characteristically thoughtful, but I hope now to persuade the noble Lord, Lord Vaux, that they are not in fact necessary. This is a good one, so I offer the noble Lord this.
First, to be clear, Amendment 84 would require an authorised person to need more evidence than just that provided through the EVM before carrying out an investigation under new Section 109BZB, which is to be inserted into the Social Security Administration Act 1992 by this Bill. I agree that the fact that an account meets an eligibility indicator set out in an EVN does not on its own constitute reasonable grounds for suspicion and cannot on its own be used as grounds for exercising fraud investigation powers under new Section 109BZB of the Act. The meeting of an eligibility indicator does not mean that a benefit has necessarily being overpaid. As I have made clear before, the EVM information does not come with a tag of suspicion attached.
The fact that an account meets an eligibility indicator does not mean that there are any grounds for suspicion of fraud or other offences; it does not even mean that a benefit has necessarily been overpaid. Paragraph 3(1) of the EVM legislation makes it clear that eligibility indicators indicate only that a benefit may have been, or may be, incorrectly paid. Whenever the DWP reviews a claim following the receipt of EVM information, it will initially look into its own systems to cross-reference between the data received via the EVM and the information that the customer has previously provided to the department. The DWP’s existing powers under Section 109 of the Social Security Administration Act 1992 can be used only where there is a reasonable suspicion of fraud, and only DWP-authorised officers will be able to request information under new Section 109BZB.
The requirement for reasonable suspicion before exercising powers under new Section 109BZB is set out in that section. This means that, before a case is referred to an authorised officer for a criminal investigation and these information-gathering powers are used, certain criteria must be considered: there must always be a reasonable suspicion of fraud, and all information requested must be necessary and proportionate for the investigation.
Amendment 85 would require information received following an EVN to be reviewed by an appropriately senior person before a person’s benefits can be amended or suspended, or before further investigatory powers can be used. Again, I hope to persuade the noble Lord, Lord Vaux, that this is not necessary. First, as I said, the eligibility verification measure is a data-requiring power, not a decision-making power. We have been clear that the limited data shared by financial institutions does not suggest any wrongdoing on its own. Data will be used, if appropriate, by DWP officials to make further inquiry and to ensure that the benefits being received are correct in line with the claimant’s circumstances and the relevant benefit eligibility criteria.
Obviously, the noble Lord does not specify what “an appropriately senior person” is. Let me assure him that these DWP officials are already trained to make these decisions, and they do so every day as part of the DWP’s business-as-usual activity. Decisions on claims and applications are made by trained officials on the Secretary of State’s behalf every day. This applies across many of the DWP’s processes with claims and applications; those decision-makers are usually administrative or executive officer grade.
When fraud is suspected and DWP wishes to use the power under new Section 109BZB of the Social Security Administration Act 1992, this can be used only by a DWP authorised officer of executive officer grade who has been trained and accredited. Only these authorised officers are able to request information under these powers, and they must always have reasonable grounds to suspect a DWP offence and consider it necessary and proportionate to require the specified information.
In all cases, before any decision is made, officials will look at any indications of fraud and error comprehensively. For example, DWP will look within its own systems to check for any inconsistencies between the data received via EVM and the information the customer has provided to DWP. There could, for example, be a disregard in place, which means that a claimant can have more money than normally allowed under the benefit rules. Alternatively, a DWP staff member may reach out to the claimant to request further information. In such cases, an appropriately trained and skilled staff member will make any decisions that affect benefit entitlement or changes to a claim. The suspension of a claim would be used only as a last resort and only after repeated attempts to contact the claimant and checking for any known vulnerabilities. I hope that, in the light of that, the noble Lord is reassured and will feel able to withdraw his amendment.