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Housing Benefit (Amendment) Regulations 2011

I am grateful to my noble friend Lord Kirkwood for initiating this debate, because it gives me an opportunity—my noble friend the Minister will not be surprised to hear me say this—to raise the case of people on the autistic spectrum, particularly in respect of the exemptions as outlined in the order. Reference has already been made to the fact that there are exemptions. The exemption that would particularly affect people with autism is the one applicable to people who had been able to live independently and are entitled to severe disability premium. However, severe disability premium requires people to be in receipt of the middle or higher rate of the care component of disability living allowance, a benefit which is itself under review. The regulations are due to come into force in January next year. How will this timescale fit in with those people who are currently in receipt of the middle or higher of DLA care component but who may when decisions are being made about their eligibility for exemption under this order suddenly find that they are no longer in receipt of DLA at all or have been downgraded to a lower rate? I know that my noble friend has great knowledge about autism. He has taken particular care to make sure that he understands the way in which autism manifests itself. He will therefore understand, I know only too well, that somebody who has been able to achieve independent living will have been through a journey to reach that point. For somebody on the autistic spectrum to be expected to share accommodation with another person would almost certainly be traumatic. It would affect their whole demeanour and well-being. The consequences of disturbing what for people with autism is very often a rigid way of life may be serious. Getting them to the point where they can maintain independent living is achievable and we are seeing more and more of it. It is sometimes but not always done with some external support—very often, voluntary support comes from family members and others; it is not necessarily an official package of care from social services. However, we aspire as a Government and a society to get more people on the spectrum to live independently. I am extremely concerned about the impact of these changes, and I have made available to my noble friend’s officials a letter which I received only this week from the mother of a 32 year-old man who has been living independently for three years and who is in receipt of £93.45 a week. That is income support and the lower DLA rate, so he certainly would not qualify for the exemption. At the moment he is being paid £103.56 in housing benefit and it is calculated that he will lose £43 of that when this change comes in. £43 out of an income of £93.45 a week is a significant amount. His mother is clearly aware of these changes and what the impact will be for her son. She writes a very moving three-page letter about what she thinks might happen to him as a result, concluding, "““local authorities will have available a pot of money that they can, at their discretion, use to help people make up the shortfalls in their benefit. Knowing this, though, will condemn those with autism to months of anxiety over whether they would be successful in benefiting from this. These months of anxiety will overwhelm many. The waiting is certainly causing James untold worry””." I note that the Merits Committee report talks about the discretionary sum and expresses some concern. In paragraph 5 on page 5 it states: "““That increase must be used to cover all calls on the discretionary budget; no additional provision has been made to address any demands arising from these changes to the SAR regulations””." My noble friend will understand immediately my concern about the way in which this might affect those living independently with a diagnosis of autism or Asperger’s syndrome. Many will not qualify for the exemption. The disruption to their lives will not only be severe in terms of their well-being and health but will, like a pack of cards, ripple out to other services that may have been involved in providing for them. Once you destabilise them in one area of their life, everything else starts to fall down like a pack of cards. So I hope my noble friend will take a look at this mother’s letter and perhaps take another look at how we might mitigate the distress that will almost certainly be caused to this very vulnerable group of people.