Supplementary Memorandum submitted by
the Benefits Agency
A. LOCAL ARRANGEMENTS
FOR JOBSEEKER'S
ALLOWANCE (JSA) IN
LEICESTER (QUESTION
168)
1. One of the objectives of JSA was to, as far
as possible, provide all services to the Jobseeker from the Jobcentre,
including advice on relevant benefits. It is the joint responsibility
of the Benefits Agency (BA) and the Employment Service (ES) to
advise customers on benefit queries and both agencies are resourced
to do this.
2. At Leicester ES and BA have an agreement
which sets out the questions which BA are responsible for answering.
Initially customers are seen by ES staff who answer general enquiries,
such as, whether or not a payment has been issued, or information
relating to a change of circumstance. Complex queries, such as,
how the benefit payment has been calculated and what effect a
change of circumstances will have on their benefit are passed
to a BA member of staff.
3. Both ES and BA offices in Leicester have
been involved in piloting an initiative to improve JSA customer
service. The work focuses on some key areas where there are known
common weaknesses. The issues which have been addressed are:
getting claims information right
first time;
processing changes of circumstances.
4. BA in Leicester have recently reorganised
from two sites to one. This has already improved processing times
and reduced enquiries. Following a workshop at the end of March
an action plan has been produced to:
improve information given to and
collected from the customer at first contact;
reduced instances where forms go
missing between the two teams;
set up a meeting to look at and refine
telephone access;
to review and refine the points and
processes where a customer's enquiry is handed from ES to BA.
5. Work is ongoing, and changes have already
been made. Local managers are reviewing the action plans on a
monthly basis. In the longer term it is recognised that it could
be beneficial to have more staff at the Charles Street site. The
action plan deals with this proposal from September onwards to
allow for the necessary staff training and evaluation of current
changes already underway.
6. Both ES and BA staff recognise the need to
provide a quality customer service and are working together in
order to maximise service provision to customers.
B. FAMILY CREDIT
FRAUD (QUESTION
186)
7. Since 1996 the Family Credit (FC) Unit has
worked with the other Agency's Benefit Fraud Investigation Service
(BFIS), as well as the other Departmental Agencies and the local
authorities on a series of proactive fraud initiatives including
the Spotlight on Benefit Cheats Campaigns. Closer working with
other agencies is essential in counter fraud activity, particularly
in relation to fraud by collusive employers.
8. In 1997 the Agency's Security Branch conducted
a pilot Benefit Review to estimate levels of fraud in FC in preparation
for a main review. Work on the main Benefit Review of FC has been
suspended, for the present, following the announcement of plans
to move to a Working Families Tax Credit in 1999. However, BA
is in discussion with the Inland Revenue over the results of the
pilot review of FC and to explore whether any additional work
is needed to further assist and inform the security of Working
Families Tax Credit. Work was put in hand to identify ways to
make FC more secure.
9. Within FC, the Securing Family Credit Project
(SFC) has been instrumental in providing an effective and coherent
strategy for fraud prevention. The project, funded by the Agency's
Security and Control Programme (SCP) began in January 1998 and
is currently staffed by 42 FC employees. The project is currently
testing different approaches in the following areas:
the most effective time to carry
out review interviews and the best method of carrying out visits;
the advantages of inviting customers
to local BA offices to be interviewed by fraud investigators and
local office staff;
introducing further checks on customers
personal details at the point of claim;
The Family Credit Security Investigation
Strand (FAMSIS) is focusing on work previously performed by the
London Investigation Project (LIP). LIP was set up in June 1997
to address the problem of identity fraud which was shown to be
prevalent within Family Credit, particularly in the London area.
The project was successful in identifying and intercepting false
claims from both London and Birmingham. Additionally the strand
will be looking at Instrument of Payment fraud in the London area.
10. All the information gathered from the various
initiatives will be recorded and analyzed to inform future anti-fraud
work within FC.
Fraud involving collusive employers
11. Anecdotal evidence confirms that employers
who collude with benefit recipients often perpetrate other sorts
of fraud, such as, making false statements to the Inland Revenue
and Contributions Agency. Fraud or abuse perpetrated against FC
with the involvement of the customer's employer falls in to two
distinct categories:
active collusion by both parties
(i.e. employer and employee) can result in cash in hand additional
payments, payments in kind and suppression of earnings for the
purposes of claiming additional amounts of benefit;
decisions made by employers, either
directly or indirectly, knowing that they can keep wages artificially
low and that FC will pick up the shortfall. This is often recognised
by an active "pushing" of FC by the employer.
12. Departmental policy is to prosecute all
collusive employers where evidence is available. This indicates
the seriousness with which BA views collusion and demonstrates
the determination to tackle this problem. During 1996-97, 202
cases were authorised and submitted for prosecution with weekly
benefit savings (WBS) of £16.05 million. In 1997-98 335 cases
were authorised and submitted for prosecution with WBS of £26.68
million.
13. All cases of suspected collusion involving
all benefits (including FC) are referred to the Collusive Employers
Project. The project was introduced in April 1996 following the
success of a pilot scheme and aims to provide a focus on the most
productive and effective approach to tackling the problem of collusive
employment. It also provides valuable publicity for successful
prosecutions which can act as a deterrent in stopping employers
from colluding with benefit recipients.
14. All BA Area Directorates are involved in
the national exercise. Each area has a dedicated team of officers
to investigate collusive employers. Close links have been forged
with other agencies and government departments in order to establish
a comprehensive approach to the problem.
15. The types of fraud shown are difficult to
prove. Successful FC investigations into collusive employers need
to be accompanied by a full financial examination of company records
and a complete audit of cash flow in order to prove any impropriety.
In many cases the company records are incomplete, missing, unavailable
or lacking in sufficient detail to provide the evidence required.
16. Experience gained from the Agency's Spotlight
on Benefit Cheats campaigns highlighted that closer working and
data sharing with other agencies can help to uncover misrepresentation
by customers and employers. Work is currently underway to set
up a multi-agency initiative with Customs and Exciseother
potential partners include Contributions Agency, Child Support
Agency, Inland Revenue and Local Authorities. The proposed activity
involves identifying traders who suppress evidence of cash sales,
to avoid VAT registration. Traders would have to suppress wages
to maintain the ratio between earnings and turnover and may coerce
employees to declare lower earnings on claims for Family Credit.
C. THE CHANGE
PROGRAMMEREDUCTIONS
IN STAFFING
(QUESTION 193)
17. No staff have been made redundant as a result
of the Change Programme. However, a voluntary exit scheme for
Executive Officers and above operated across the Department as
a whole in 1997-98. This information corrects evidence given to
the Committee.
18. In 1997-98, 1,869 staff left the BA under
this scheme. The following table shows the breakdown by payband
but a breakdown by length of service is not available
19. Flexible Early Retirement (FER) applies
to those staff aged 50 and above, Flexible Early Severance (FES)
to the under 50s. FER is attractive to staff although expensive
to the organisationas it carries the entitlement to the
immediate payment of a lump sum and an ongoing Annual Compensation
Payment. With FES the only immediate compensation is a lump sum;
the superannuation lump sum and pension are preserved until the
individual reaches 60.
| 1997-98 BA exits
|
|
| Payband | Final exit Numbers
| FER | FES |
|
| D1 (Grade 7) | 6 | n/a
| n/a |
| C4 (SEO) | 36 | n/a
| n/a |
| C3 (HEO) | 207 | n/a
| n/a |
| B3 (EO) | 1,620 | n/a
| n/a |
|
| Total | 1,869 | 791
| 1,078 |
|
D. HOME VISITS
FOR 1995-96, 1996-97 AND
1997-98 (QUESTIONS 208 AND
212)
20. The majority of home visits to claimants are undertaken
as part of two initiatives funded through the BA's Security and
Control Programme, New Claims Activity (NCA) and Targeted Reviews
(TR). Other visits are funded from the BA core budget and do not
attract benefit savings. Details of activity for the past three
years are shown in the following table.
21. NCA and TR comprise of home visits, office and telephone
interviews and postal enquiries. Their purpose is to identify
benefit incorrectness, prevent and deter benefit fraud. This is
achieved by checking all the information supplied in connection
with claims.
22. The selection for the activity is based on series of
criteria, derived from the Benefit Review Programme, which are
identified as leading to the greatest degree of incorrectness
in claims, including customer fraud, BA error, and under claiming
of benefits. The criteria are reviewed annually. The majority
of TRs are selected by using the Generalised Matching Service
(GMS) tool, which checks information held on the Income Support
Computer System (ISCS) and Jobseekers Allowance Processing system
(JSAPs) against the selected criteria. In addition to cases selected
by GMS, District Offices can select up to 25 per cent. of their
TR activity based on local knowledge.
23. New claims visits were introduced in July 1995 on Income
Support (IS) claims. The programme was expanded to include Jobseekers
Allowance Income Based (JSA(IB)) from October 1996. New claims
interviews were added to the programme from April 1997 and New
claim telephone interviews were added from April 1998.
24. Targeted Reviews by visit and by post were introduced
in July 1995 on IS claims and expanded to include JSA(IB) cases
from October 1996. TRs by interview were added from April 1997.
| New claims and targeted review activitymeasured in WBS
|
|
| 1995-96 | 1996-97
| 1997-98 |
|
| New claim activity |
| | |
| Allocation | £16.2m |
£18.3m | £48.7m |
| Savings | £162.7m |
£291.9m | £540.3m |
| Number of visits | 274,450 |
654,279 | 1,755,000 |
| Number of interviews |
| | 195,000 |
| Total activity | 274,450 |
654,279 | 1,759,989 |
| Total staff engaged on NCA visits | 468
| 780 | 2,728 |
Total number of new income support
claims
| 3,939,655 | 4,198,600 |
4,372,800
incl. 2,688,000 JSA |
| | |
|
| Targeted reviews | |
| |
| Allocation | £6.5m |
£24.5m | £29.7m |
| Savings | £79.2m | £177.3m
| £284.5m |
| Number of visits | 122,922 |
247,604 | 320,326 |
| Number of telephone reviews | 86,536
| 124,353 | 189,766 |
| Number of postal reviews | 338,705
| 817,676 | 1,100,504 |
| Activity | 548,163 | 1,189,648
| 1,610,596 |
| Total staff engaged on TRs | 841
| 1,518 | 1,979 |
| Income support live load | 5.813m
| 5.648m | 13.986m
|
|
| 1 IS live load only (A&P cases)
|
Core funded visits to Income Support and Contributory
Benefit claimants
|
| Year | Visits |
|
| 1995-96 | 536,231 |
| 1996-97 | 355,469 |
| 1997-98 | 223,955 |
|
25. Home visits are also carried out as part of the Benefit
Integrity Project (BIP) which is a strand of the BA's Security
and Control Programme. Visits are made to Disability Living Allowance
customers who are in receipt of both the higher rate mobility
component and the highest rate care component unless they are
in one of the excluded categories.
26. Visits began in July 1997 and some changes have been
made to the selection criteria, particularly in relation to extending
the categories of cases which are excluded.
27. Up the end of March 1998 (latest validated statistics)
the activity has been as follows:
| Number of visits completed | 17,478
|
| Savings | £2.6 million
|
| Costs | £829,156
|
28. Cost of the visits only based on an average cost of £47.44
per visit. It does not include the administration before the visit
or the action taken after the visit, including adjudication. This
is not readily available as visiting is only one strand of BIP.
E. FRAUD REFERRALS
BY MEMBERS
OF PARLIAMENT
(QUESTION 220)
29. Current legislation covering disclosure of information
is contained within the Common Law of confidentiality and Section
123 of the Social Security Administration Act. Both laws are definitive
in providing guidance for Government Departments regarding disclosure
of information. There is no exception made for Members of Parliament.
30. Section 123 of the Social Security Administration Act
states a person is guilty of an offence if he discloses, without
lawful authority, any information which he acquired in the course
of his employment and which relates to a particular person.
31. The Common Law of confidentiality constrains both the
disclosure of personal information and requires that information
obtained for one purpose is not used for another without lawful
authority.
32. In essence the law states that information obtained about
a person's claim cannot be passed to a third party without the
person's consent.
33. Such information which has come to light about a person's
claim during a criminal prosecution may be disclosed to a third
party, on completion of the prosecution.
34. The action taken by Benefits Agency Investigation Services
(BFIS) in not disclosing details of fraud referrals to MPs is
in line with the law. The Agency treats very seriously all referrals
of suspected fraud and follows up all such referrals.
F. DETAILS OF
THE BUDGET
FOR THE
CURRENT INFORMATION
AND ADVICE
INITIATIVE (PROJECT
ACCESS) (QUESTION 232)
35. The Benefits Agency publicity allocation for 1997-98
is £3,641,000. Project Access products will be phased in
during this financial year to replace existing products. It is
anticipated Project Access development costs, specifically research
and consultation expenditure, to be £120,000.
G. EXPLANATION OF
THE FRAUD
SAVINGS TARGET
(QUESTION 225)
36. The fraud savings target for 1998-99 is £2.3 billion.
It has its basis in the fraud savings estimates which formed part
of the PES 1996 arithmetic. For 1998-99 overall savings of £2.4
billion were estimated. This included savings not only by the
BA but by local authorities and additional revenue from extra
activity on National Insurance compliance. The lion's share though
was the BA's.
37. The savings targets are in a different currency to those
in PES. The target sets the amount of weekly benefit savings (WBS)
to be achieved by the various activities. The figures in PES are
based on WBS, but have been converted to "cash" to align
them more closely with the public expenditure process. This reflects
the fact that savings from fraud detected in a particular year
can accrue in the following year.
38. Shortly after the General Election, the National Audit
Office, at the request of the Chancellor of the Exchequer, reviewed
the assumptions used for public finance projections, including
those underpinning Departments' Spend to Save expenditure measures.
The Comptroller and Auditor General's Report "National Audit
Office Report on the Audit of the Budget Assumptions" was
published on 19 June 1997 (Cm 3693). No consequential alteration
was made to DSS estimates. The "Spend to Save" package
was one element within the total benefit fraud savings estimates.
39. We accept that, whilst some projects may under-achieve
against individual savings expectations, others may over-achieve.
Whilst all strive for success our main driver is combined performance
from all anti-fraud and security activity. Individual project
performance is constantly reviewed and future investment reassessed
in the light of an under achievement.
40. Numerous activities have made up the BA's projections.
These include visits and interviews on new claims to Income Support
and Job Seekers Allowance, reviews of existing claims targeted
on those considered to be of high risk, traditional investigative
activity by the Benefit Fraud Investigative Service (BFIS), and
the BA's Security Investigative Service (BASIS) (formerly Organised
Fraud), datamatching, and investigative action on employers. The
table below shows the breakdown of the £2.3 billion and details
the components of BA's Security and Control Programme.
41. Whilst savings from the Benefit Integrity Project (BIP)
remain below projected levels they are still significant and offer
value for money. The value of BIP activity is not predominantly
focused on savings, which only make up around 1 per cent of total
savings from all anti-fraud and security activity, but rather
on the integrity of the benefit.
| Anti-Fraud and Security Activity 1998-99
|
|
| Security and Control Programme | Savings Target
(£ million)
|
|
| Infrastructure | 114.782 |
| New Claims Activity | 732.780
|
| Targeted Reviews | 360.650 |
| Data Matching and investigation | 500.778
|
| Benefit Integrity Project | 37.000
|
| Other SCP | 35.693 |
|
| Total SCP | 1,781.683 |
| BFIS/BASIS | 539.000 |
| Overall total | 2,320.683 |
| SofS Target | 2,300.000 |
|
H. LEWISHAM PROTOTYPE
(QUESTION 247)
42. In the prototype, customers will be directed to staff
by initial reception where it is clear that there are joint
DSS/LA benefit matters to be dealt with. Therefore if someone
has an enquiry about both Housing Benefit and, for example, Income
Support they can be seen by a member of the prototype team, BA
or LA. Training, including on eligible rent and the role of rent
officers, will be given to enable the BA staff involved to give
general advice about HB applications, entitlement, payments
and restrictions.
43. Information on any rent restrictions may be given as
part of general information on Housing Benefit. The extent to
which the prototype team will be involved in the "rent restriction
process" is limited to providing this information where appropriate.
The prototype teams will not be involved either in making decisions
on applications received which are subject to rent restriction,
or in the process of making decisions on the level of rent restrictions
to be set. Their provision of information on this aspect of housing
benefit is simply as a consequence of their information provision
role.
44. Where more detailed information is required on a specific
application, and its likely outcome, it may be that this information
will be supplied by a local authority specialist. The detailed
business processes for the prototype are still being developed,
including decisions on the point at which general enquiries should
turn into specialist interviews. The latter will always be taken
forward by the appropriate Agency staff. The depth that the BA
staff member would be able to go into on complex and specialist
housing benefit areas, such as some rent restriction cases, will
be limited by the training considered appropriate for prototype
staff.
I. LETTER ISSUED
TO BENEFITS
AGENCY STAFF
FOLLOWING THE
PRESS SPECULATION
REGARDING ADAPT (QUESTION
198)
Some of you will be aware that a number of today's newspapers
have published articles about the involvement of the private sector
in BA's operations and have referred specifically to the Area
Directorate and Partnering Team Project (ADAPT). In view of the
speculation which these articles have created, I wanted to write
to you to give you up to date information about what is happening
with ADAPT and to correct the many misleading statements which
have been made.
Eisis, one of our private sector partners (PSPs) has recently
put forward an idea for modernising the way BA administers its
benefit services across a number of ADs. The idea indicated that
this could be achieved either with staff transferring to the private
sector or with them remaining as Civil Servants. It also included
their views on the savings which they could deliver. These largely
related to savings in programme expenditure. These figures were
unsupported by evidence and largely speculative.
BAMT have considered this idea and concluded that it is not
an acceptable proposition. The idea does not measure up well against
Ministers' criteria and is likely to provide a constraint to changes
in welfare administration. Large scale transfer of responsibility
represents high risk to continued provision of services and is
not acceptable.
However, my BAMT colleagues and I fully recognise the value
of the work that the PSPs have done so far and support the involvement
of the private sector in BA's business where they can add value.
We believe that the private sector has an important role to play
in delivering Ministers' policies and providing support to BA.
We intend to continue with ADAPT but to work more collaboratively
with the PSPs to develop ideas which more appropriately meet Ministers
objectives.
I have made it clear from the outset that all ideas will
be fully evaluated and that there is no predetermined outcome
to the Project.
The Project has consulted with BATUS throughout on a commercial
in confidence basis. They were given a copy of the Eisis idea
but were restricted in their use of this information by the sensitivity
marking of the document.
Finally, I would like you all to be aware of my strong objections
to newspaper references to DSS inefficiency. The BA can demonstrate
an impressive record, particularly over recent years, in significantly
reducing costs, improving performance and bearing down on fraud.
All three partners have recognised this and the considerable achievements
BA has made to date. In particular they recognise, as I certainly
do, the commitment and dedication of staff.
Peter Mathison
14 May 1998
|