The benefit cap: what does it mean and why is it unfair?

Peers are to fight plans to cap benefits at £26,000, despite public support. Here is everything you

What is the benefit cap?

A cornerstone of Iain Duncan Smith's welfare reform, the principle behind the benefit cap is that unemployed people should not be paid more than working families. Under the proposals, working-age benefits would be capped at £500 per week, or £26,000 a year. This is equivalent to the average wage earned by working households after tax.

What do voters think?

The public are broadly with Duncan Smith on this one. A YouGov poll shows that 76 per cent of the public are in favour of the benefits cap, including 69 per cent of Labour voters. It also shows that 36 per cent would like to see even tougher measures, with no household getting more than £20,000 in welfare payments.

Why is it unfair?

There are several criticisms levelled against the cap, centering on the impact on children, and on the very families -- those in work and paying taxes -- who it is meant to defend.

It takes no account of children
The benefit cap is the same regardless of how many children a family has. Therefore a family with five children would receive the same amount as a family with just one or two. This has proved particularly problematic, with church leaders have called for child benefit to be exempted, while Nick Clegg conceded that government may need to look at "the place of children who were born, if you like, innocently into another set of rules".

Leaked government analysis showed that the move could push a further 100,000 children into poverty. Duncan Smith's team are scathing about an amendment that would exempt child benefit, saying it would encourage people on benefits to have more children. But what about families that already have many children? They should not be penalised for the fact of their existence.

It ignores employment history
A couple who have never worked will end up being less affected than families on a low to middle income who are suddenly affected by unemployment in the recession. This is because families with parents who have never worked will tend to live in social housing where rents are cheaper. However, low to middle earners are likely to rent privately: they are not poor enough to qualify for council accommodation but not well off enough to buy. There are 680,000 working households claiming housing benefit, making up 14 per cent of the total housing benefit caseload.

As the recession claims more and more jobs, many families who need short-term support could find themselves in an impossible position. Duncan Smith has criticised "people being placed in houses they cannot afford", but for these families, it is a case of rapidly changing circumstances rather than flagrantly living above their means.

It penalises those in the south-east
Rents are higher in the south-east, and cutting housing benefit to £100 a week makes it practically impossible for a family with children to rent privately. In the Guardian today, Tim Leunig says that after council tax, rent and utilities, a family with four children would be left with 62p per person per day to live on.

Critics have said that this will result in "social cleansing" from inner-city areas -- the percentage of privately rented properties in central London available to housing benefit claimants will fall from more than 50 per cent to just 7 per cent. Leunig predicts that many people will remain in these areas, where job prospects are better, but will have to "downsize", with siblings sharing bedrooms and parents sleeping on sofa-beds.

Who opposes it?

Lord Paddy Ashdown, the former Liberal Democrat leader, has said that he is unable to support the reform as it will unfairly penalise children in benefit dependent homes. He said:

I voted with the Government on everything until now. I see it as my job as an ex-leader to support my successor, but I will not support the benefit cap in its present form.

Church of England bishops, led by John Packer, the Bishop of Ripon and Leeds, will today table the key amendment around which rebel Lords plan to gather. It would exempt child benefit from the cap. As outlined above, the government is hostile to such a plan, though Clegg has suggested that there may be some scope for "transitional arrangements" to cushion the effect.

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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What are the consequences of Brexit for the refugee crisis?

Politicians neglected the refugee crisis whilst campaigning – but they shouldn't now concede to the darker undertones of the debate.

In the chaotic aftermath of Brexit, the refugee crisis seems like a distant memory. Yet not even a year has passed since the body of a young Syrian boy washed up on a Turkish beach, shocking the world.

When campaigning for the EU referendum began, politicians neglected the crisis. Not because the situation had ameliorated, but because the issue had become strategically toxic. Nigel Farage's infamous poster aside, the Leave side preferred scare stories about economic migrants rather than refugees; the Remain side because the refugee crisis, more than anything else since its inception, highlighted the fragility of the ideals that underpin the European Union.

Many of the main issues aired in the course of the referendum debate were related to the refugee crisis, regardless of how little it impacted on them in reality; immigration, strain on public services, national identity. The refugee crisis became a proxy issue; implied, but not addressed, for fear of detrimental impact in the polls.

However, in his repugnant posters (it should be stressed, nothing to do with Leave campaign itself), Nigel Farage made explicit what he thought posed the greatest threat to the UK. Rightly, the posters have been condemned by both sides of the referendum debate, but the underlying suspicion of refugees it reflects has concerned many organisations.Their concern has only been exacerbated by the result of the referendum. The spike in hate crime compounds their fears.

Paul Dillane, head of UKLGIG, a charity that supports LGBTI asylum seekers to the UK, expressed unease at the reaction of his clients: “The asylum seekers I work with do not understand the decision that has been made – they feel vulnerable, they feel unwelcome. Yes the law hasn’t changed, and if they’re at risk of persecution, they will be protected. But they don’t feel like that now.”

Despite the troubling situation, the result of the referendum changes little when it comes to refugee law. “Refugee policy is shaped in London, not in Brussels”, said Stephen Hale, Chief Executive of Refugees Action. “The decision about how well we support refugees in terms of integration is a matter for the UK, not Brussels. The number of Syrian refugees we choose to resettle is a matter for the UK, not Brussels.”

Although the law may not have changed, from a diplomatic or political perspective, the same cannot be said. This does have the power to negatively impact legislation. Post-Brexit reaction in France surrounding the Touquet Treaty typifies this.

The Touquet Treaty, reached between the UK and France in 2003, permits each country to carry out passport checks on the other countries’ soil. It is what, according to French politicians in Calais, has accelerated the growth of the "Jungle", which currently accommodates close to 5,000 refugees.

Because the agreement was signed outside the auspices of the European Union, Brexit does not affect its legal legitimacy. However, for France, EU membership was crucial to the nature of the agreement. Speaking earlier this year, Harlem Desir, French Secretary of State for European Affairs, said the Touquet Treaty is “a bilaterial agreement. So, there will be no blackmail, nor threat, but it’s true that we cooperate more easily in both being members of the EU.”

Natacha Bouchart, mayor of Calais and a long-time critic of the treaty, has been vocal in her demands for legislative change since the result. Speaking to French broadcaster BGM TV, she said: “The British must take on the consequences of their choice. We are in a strong position to push, to press this request for a review and we are asking the President to bring his weight to the issue.” Some have adopted the slogan of the Leave campaign, telling them to now “take back control of your borders.”

Modification of the Touquet Treaty was branded part of ‘Project Fear’ by the Leave campaign. Because of this, change – if indeed it does happen – needs to be handled carefully by both the British and French governments.

The reaction of Natacha Bouchart is already a worrying sign for refugees. Firstly, it perpetuates the toxic narrative that casts refugees as an inconvenience. And secondly, any souring of relations between the UK and France over Brexit and the Touquet Treaty only increases the likelihood of refugees being used as political bargaining chips in the broader EU crisis over Schengen.

A divided government and disintegrating opposition do little to aid the situation. Furthermore, come October, how likely is a Brexit Tory cabinet – governing off the back of a manifesto predicated on reducing immigration – to extend the support networks offered to refugees? Even before the referendum, Theresa May, a supporter of the Remain campaign, said that Britain should withdraw from the European Convention on Human Rights, replacing it with the more questionable Bill of Rights.

Uncertainty of any kind is the most immediate danger to refugees. “Everyone is talking about it,” said Clare Mosesly, founder of Care4Calais. “But opinions on the impact are divided, which is creating yet more uncertainty.” Refugees, unsure whether Brexit will lead to increased fortification of the border, are prone to take ever more dangerous risks to reach the UK. Even economic uncertainty, seemingly distinct from issues such as the refugee crisis or immigration, has a negative impact. “The thing that worries me about a fragile economy”, said Paul Dillane, “is that when a country’s economy suffers, minorities suffer as well. Tolerance and inclusivity are undermined.”

The government must stress that the welcoming principles and legislation Britain had prior to Brexit remain in place. Andrej Mahecic, from the UNHCR, said “we will continue to rely on the UK’s strong support for humanitarian responses to refugee crises. Our work with the government on the UK’s asylum system and refugee resettlement schemes continues.”

The will from NGOs is there. The political will is less assured. In the aftermath of Brexit, the government must not concede to the darker side of the referendum debate.