For people who are not aware, there are currently two ways that Wales can seek legislative powers. Both are via Schedule 5 of the Government of Wales Act 2006. The first is by the inclusion of provisions in UK Parliamentary Bills (referred to as framework powers) by the UK Government.
The second is via a Legislative Competency Order (LCO). This is a piece of constitutional legislation in the form of an order in council that transfers legislative authority from the UK parliament to National Assembly for Wales. Each LCO adds a ‘Matter’ to one of the ‘Fields’ stated in Schedule 5 of the Government of Wales Act 2006. This is the list of areas in which the National Assembly for Wales may legislate. One of these ‘Fields’ is housing matters.
The LCO must be approved by the National Assembly for Wales, the Secretary of State for Wales, both houses of Parliament and then the Queen in Council. Each Matter then gives the Welsh Assembly Government permission to pass legislation known as an Assembly Measure, which operates in Wales just as an Act of Parliament operates across the UK.
The text that comes with the LCO contains the actual title of the legislation (Measure). An Assembly Measure allows provisions to be made in certain areas e.g. Housing, Health, Social Services etc.
Allies of aspiration – A new broad ranging LCO for housing in Wales
The National Assembly for Wales has set out proposals concerning the transfer of legislative powers in the key areas of tenancy issues, housing related support, homelessness, regulation of social landlords, gypsy and travellers, empty homes and council tax for second homes.
The Welsh Tenants Federation welcomes the LCO which aims to give powers to the National Assembly for Wales to deliver on key priorities as outlined in the One Wales agreement and the linked strategies concerning National Housing, homeless and supporting people priorities. It will also address outcomes from the wide ranging Essex review on affordable housing. To the lay person, no one in their right mind would contemplate starting a job without ensuring they have the appropriate tools to complete the work to a good standard, so it makes sense to seek these legislative tools to deliver on the housing sectors collaborative aspirations.
Speaking on the ‘measures’ being sought, policy officer Steve Clarke said ‘We are particularly pleased that the National Assembly for Wales is seeking the transfer of powers in respect of ‘tenancy matters’. We look forward to the debates concerning the potential to equalise rights across the housing sector ending the disparity that exists between different providers and potentially widening choice and delivering on social mobility objectives.
However there are difficulties when trying to introduce instituitional change when full law making powers are not available. There is also an opportunity to address equality issues regarding co-habiting couples and women in domestic violence cases, expanding on some of the good practice that already exists. There are always risks when you open these issues up for change, therefore the tenant community needs to ensure that their aspirations are being considered as we embark on this journey. Collectively agreeing on a suite of rights and responsibilities, will also mean examining how they are enforced while providing tenants with the means by which their consumer rights are protected.
We are also pleased to see wider intervention powers by the Welsh Assembly Government as the regulator of social housing as recommended under the Sustainable Homes report published in July 08.
There are several other measures contained in the LCO concerning delivery approaches to homeless prevention and supporting people which we broadly welcome and look forward to the opportunity to consider them in depth as the measures are considered and developed by the scrutiny committees should the proposals seek wide ranging support from a majority in the assembly.
Clearly there is a journey to be travelled before the National Assembly for Wales achieves the legislative programme required to preserve and protect our valuable social housing assets and the people that occupy them. We have allies of aspiration within the housing sector, what we need now, is for that aspiration to find collective support to ensure delivery.
Thursday, December 03, 2009
Wednesday, December 02, 2009
Overpayment of recovery
Following a case brought by Child Poverty Action Group (CPAG) the court of appeal has ruled that the secretary of state for work and pensions cannot recover overpayments of social security benefits through the courts where the claimant is not at fault.
In social security law, the test for when the DWP can recover overpayments of relevant benefits is set out in section 71 Social Security Administration Act.. The test in s71 broadly allows for recovery where the claimant has misrepresented or failed to disclose a material fact. Importantly the claimant has a right to appeal to a tribunal against a decision that an overpayment is recoverable under this test. If the overpayment is found to be recoverable under this test there are a number of ways the DWP can recover it including through deductions from current or future benefit payments.The government had written to 65,000 claimants asking them to repay overpaid benefits.
It is not sure whether people who have already paid back overpayments would be able to claim them back. Further information can be found at http://www.cpag.org.uk/welfarerights/overpayment-recovery/
In social security law, the test for when the DWP can recover overpayments of relevant benefits is set out in section 71 Social Security Administration Act.. The test in s71 broadly allows for recovery where the claimant has misrepresented or failed to disclose a material fact. Importantly the claimant has a right to appeal to a tribunal against a decision that an overpayment is recoverable under this test. If the overpayment is found to be recoverable under this test there are a number of ways the DWP can recover it including through deductions from current or future benefit payments.The government had written to 65,000 claimants asking them to repay overpaid benefits.
It is not sure whether people who have already paid back overpayments would be able to claim them back. Further information can be found at http://www.cpag.org.uk/welfarerights/overpayment-recovery/
Welsh Tenants Federation response to the Financial Services Bill
The Government brought its Financial Services Bill before parliament today (19th Nov 09). Among the bills provision is the ability of representative bodies to bring actions on behalf of consumers thus ensuring that consumers can obtain redress through the courts. It also strengthens the role of the Regulator the Financial Services Authority, (FSA) by extending its powers thus enabling it to act more proactively on behalf of consumers.
The Welsh Tenants Federation welcomes provisions to ensure added safeguards for consumers whilst providing better information, education, and redress for consumers of financial products. In particular we welcome the setting up of a national Money Guidance Service paid for through a levy imposed on financial institutions. This will enable people to receive better advice and support and help people to develop their knowledge and understanding of financial products and services.
While the Bill has made provisions to ban the open cheques used by the sector to entice people to borrow, the bill falls short of capping the often excessive charges for credit as proposed by many national consumer representative bodies.
Steve Clarke policy officer for the WTF said, “while there are some good measures contained in the bill, particularly the provision of better independent advice, the government has failed to protect private tenants from eviction where their landlords property is being repossessed for mortgage arrears. The reliance on the voluntary protocol established earlier this year between the Council of Mortgage Lenders and government does not go far enough in helping tenants to safeguard their home and is a temporary measure. This is a missed opportunity to provide assurances to people who rent privately, the government could have ensured that lenders have a duty to consult on a range of options such as: consulting housing associations who would have an option to convert the mortgage to a rental scheme with better security of tenure for the occupants; consider a mortgage rescue scheme with the landlord; or extending the payback period of the mortgage”.
Some of the main headline elements of the bill include:
New measures to provide better support for consumers including:
•Allowing a representative organisation to bring action through the courts on behalf of a group of consumers.
•Enhancing the FSA's powers to enable it to order a review of past business and secure compensation if there has been legal or regulatory breaches.
•A ban on open credit card cheques, preventing financial institutions from encouraging customers to borrow more than they can afford.
•A new independent Money Guidance Service established by the FSA, to increase financial education and awareness among consumers.
•New authority for the Financial Services Compensation Scheme to act as an agent to deliver compensation to UK customers of financial firms based overseas, improving depositor protection.
Financial stability
•Strengthen the regulatory framework, including the creation of the Council for Financial Stability (CFS) and enhanced powers for the Financial Services Authority. The CFS will be chaired by the chancellor of the exchequer and include the chairman of the Financial Services Authority (FSA) and the governor of the Bank of England, to focus on managing systemic risk and protecting financial stability, both in the UK and internationally.
•A new FSA duty to require firms to produce Recovery and Resolution Plans (RRPs). RRPs will ensure institutions have robust recovery plans to deal with periods of downturn relieving reliance of support from the taxpayers.
New powers given to the FSA are as follows:
•Rule-making powers may be used by the FSA for any of its objectives (not just consumer protection as at present).
•Information-gathering powers extended to non-regulated firms where information is relevant to financial stability, for example hedge funds.
•Strengthened powers to take action where firms and individuals are guilty of misconduct.
•Legislative provisions on pay as recommended by the Walker review of corporate governance (due for publication 26th November) and the G20 agreement on remuneration. This includes:
oTougher rules on pay and bonuses to ensure remuneration policies do not contribute to excessive risk taking.
oAn end to multi-year guaranteed bonuses, or large bonuses paid out as a cash lump sum at the year-end, and all bonuses subject to clawback;
The Welsh Tenants Federation will monitor the passage of the Bill through its various stages in parliament. Time is however short, we are hopeful that the gaps in the bill can be addressed as it progresses.
The Welsh Tenants Federation is the representative voice for tenants in Wales. For further information contact news@welshtenantsfed.org.uk
The Welsh Tenants Federation welcomes provisions to ensure added safeguards for consumers whilst providing better information, education, and redress for consumers of financial products. In particular we welcome the setting up of a national Money Guidance Service paid for through a levy imposed on financial institutions. This will enable people to receive better advice and support and help people to develop their knowledge and understanding of financial products and services.
While the Bill has made provisions to ban the open cheques used by the sector to entice people to borrow, the bill falls short of capping the often excessive charges for credit as proposed by many national consumer representative bodies.
Steve Clarke policy officer for the WTF said, “while there are some good measures contained in the bill, particularly the provision of better independent advice, the government has failed to protect private tenants from eviction where their landlords property is being repossessed for mortgage arrears. The reliance on the voluntary protocol established earlier this year between the Council of Mortgage Lenders and government does not go far enough in helping tenants to safeguard their home and is a temporary measure. This is a missed opportunity to provide assurances to people who rent privately, the government could have ensured that lenders have a duty to consult on a range of options such as: consulting housing associations who would have an option to convert the mortgage to a rental scheme with better security of tenure for the occupants; consider a mortgage rescue scheme with the landlord; or extending the payback period of the mortgage”.
Some of the main headline elements of the bill include:
New measures to provide better support for consumers including:
•Allowing a representative organisation to bring action through the courts on behalf of a group of consumers.
•Enhancing the FSA's powers to enable it to order a review of past business and secure compensation if there has been legal or regulatory breaches.
•A ban on open credit card cheques, preventing financial institutions from encouraging customers to borrow more than they can afford.
•A new independent Money Guidance Service established by the FSA, to increase financial education and awareness among consumers.
•New authority for the Financial Services Compensation Scheme to act as an agent to deliver compensation to UK customers of financial firms based overseas, improving depositor protection.
Financial stability
•Strengthen the regulatory framework, including the creation of the Council for Financial Stability (CFS) and enhanced powers for the Financial Services Authority. The CFS will be chaired by the chancellor of the exchequer and include the chairman of the Financial Services Authority (FSA) and the governor of the Bank of England, to focus on managing systemic risk and protecting financial stability, both in the UK and internationally.
•A new FSA duty to require firms to produce Recovery and Resolution Plans (RRPs). RRPs will ensure institutions have robust recovery plans to deal with periods of downturn relieving reliance of support from the taxpayers.
New powers given to the FSA are as follows:
•Rule-making powers may be used by the FSA for any of its objectives (not just consumer protection as at present).
•Information-gathering powers extended to non-regulated firms where information is relevant to financial stability, for example hedge funds.
•Strengthened powers to take action where firms and individuals are guilty of misconduct.
•Legislative provisions on pay as recommended by the Walker review of corporate governance (due for publication 26th November) and the G20 agreement on remuneration. This includes:
oTougher rules on pay and bonuses to ensure remuneration policies do not contribute to excessive risk taking.
oAn end to multi-year guaranteed bonuses, or large bonuses paid out as a cash lump sum at the year-end, and all bonuses subject to clawback;
The Welsh Tenants Federation will monitor the passage of the Bill through its various stages in parliament. Time is however short, we are hopeful that the gaps in the bill can be addressed as it progresses.
The Welsh Tenants Federation is the representative voice for tenants in Wales. For further information contact news@welshtenantsfed.org.uk
Stop press – Paying the Price of being Poor
A household is classified as ‘fuel poor’ when more than 10% of their income is spent on fuel. There are moves afoot in England to introduce new powers for the regulator to take action and make social tariffs mandatory not optional and are planning new, measures on energy efficiency targeted at the poorest.
CAB reports that in England and Wales they saw a 46% increase in the umber of people asking for advice on fuel debt compared to the same period last year.
A recent report addressing the price of being poor which the Welsh Tenants Federation supported was published by the Bevan Foundation. ‘Paying the Price of Being Poor’ also highlights the problem of the fuel poor with Wales the lowest proportion of people switching suppliers and hence not able to benefit from competition within the energy sector. On fuel poverty the report recommends that;
More information should be made available about pricing and switching energy providers
Greater regulation of energy pricing (especially social tariffs) and sales activity
New payment methods including post office network and post office account should be developed
Winter fuel payments should be developed to address child poverty and tackle underlying problems of fuel poverty
Micro generation initiatives need to be carefully managed to ensure hey can be taken up by low income households
And the Welsh Assembly Government should have a stronger voice dealing with UK government bodies
A copy of the report can be obtained form the Bevan Foundation, Innovation centre, Victoria Business Park, Festival Drive, Ebbw Vale, NP23 8XA. www.bevanfoundation.org
CAB reports that in England and Wales they saw a 46% increase in the umber of people asking for advice on fuel debt compared to the same period last year.
A recent report addressing the price of being poor which the Welsh Tenants Federation supported was published by the Bevan Foundation. ‘Paying the Price of Being Poor’ also highlights the problem of the fuel poor with Wales the lowest proportion of people switching suppliers and hence not able to benefit from competition within the energy sector. On fuel poverty the report recommends that;
More information should be made available about pricing and switching energy providers
Greater regulation of energy pricing (especially social tariffs) and sales activity
New payment methods including post office network and post office account should be developed
Winter fuel payments should be developed to address child poverty and tackle underlying problems of fuel poverty
Micro generation initiatives need to be carefully managed to ensure hey can be taken up by low income households
And the Welsh Assembly Government should have a stronger voice dealing with UK government bodies
A copy of the report can be obtained form the Bevan Foundation, Innovation centre, Victoria Business Park, Festival Drive, Ebbw Vale, NP23 8XA. www.bevanfoundation.org
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