PARLIAMENTARY DEBATE
Draft Social Security (Contributions) (Amendment No. 2) Regulations 2022 - 28 March 2022 (Commons/General Committees)
Debate Detail
Chair(s) Stewart Hosie
Members† Bacon, Mr Richard (South Norfolk) (Con)
† Bailey, Shaun (West Bromwich West) (Con)
† Champion, Sarah (Rotherham) (Lab)
† Clarke, Theo (Stafford) (Con)
† Colburn, Elliot (Carshalton and Wallington) (Con)
† Coutinho, Claire (East Surrey) (Con)
† Frazer, Lucy (Financial Secretary to the Treasury)
† Gibson, Peter (Darlington) (Con)
† Glindon, Mary (North Tyneside) (Lab)
† Johnson, Dr Caroline (Sleaford and North Hykeham) (Con)
† Jones, Fay (Brecon and Radnorshire) (Con)
† McCabe, Steve (Birmingham, Selly Oak) (Lab)
† Mak, Alan (Lord Commissioner of Her Majesty's Treasury)
† Murray, James (Ealing North) (Lab/Co-op)
† O'Hara, Brendan (Argyll and Bute) (SNP)
† Smith, Nick (Blaenau Gwent) (Lab)
† Twist, Liz (Blaydon) (Lab)
ClerksMatt Case, Committee Clerk
† attended the Committee
First Delegated Legislation CommitteeMonday 28 March 2022
[Stewart Hosie in the Chair]
Draft Social Security (Contributions) (Amendment No. 2) Regulations 2022
That the Committee has considered the draft Social Security (Contributions) (Amendment No. 2) Regulations 2022.
I will explain why we are bringing this draft statutory instrument before the Committee. As Members are aware, from April the new health and social care levy will increase class 1 and class 4 national insurance contributions rates by 1.25 percentage points. That will secure a long-term dedicated source of funding for our national health service and for those who require care. The instrument will apply the 1.25-percentage point increase to those paying the married women’s reduced rate of national insurance in the 2022-23 tax year. As the result of a drafting oversight, that group are excluded from paying the levy. If the legislation were not enacted, the result would be an unfairness, as not everyone would be in the same position and therefore not everyone would be treated equally.
This draft SI will increase the married women’s reduced rate from 5.85% to a temporary rate of 7.1%. The reduced rate is a lower form of NICs, currently paid by fewer than 1,000 women. Originally, it was introduced to allow women to use their husband’s NI contributions to qualify for a state pension at a time when fewer women worked. However, the scheme has been closed to new entrants since 1977. In fact, today, the circumstances in which a woman might pay the reduced rate are relatively unusual: a woman must have joined the scheme before May 1977, she must have been married at the time and have not divorced since, and she must still be under the state pension age and have not had a break of two years or more in her employment history.
This is new legislation, but the change it will implement has been anticipated for some time. We have already communicated the 2022-23 NICs rate on the gov.uk website. Employers, and software and payroll providers are expecting the change and have updated their systems. Legislation is already in place to ensure that, from April 2023, those paying the married women’s reduced rate will be subject to the health and social care levy. There has never been a suggestion that that category of women ought to be excluded.
We need to ensure that the draft measure is fair across the board. Women who pay the reduced rate will benefit from the record investment in our NHS and social care system brought about by the new levy. Therefore, to exempt those paying the married women’s reduced rate from the health and social care levy would give them an unfair advantage compared with others.
I will briefly touch on the timeframe for introducing this draft instrument. I appreciate that the introduction of the measure is slightly delayed, such that we have had to accelerate our consideration of it. I reassure Members that we have written to both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee to explain the reasons for the delay. The reason is that Her Majesty’s Revenue and Customs had previously identified a different legislative vehicle for this draft measure, but it turned out not to be a viable option.
HMRC has quickly moved to prepare the relevant legislation. I am sure that Members across the House will appreciate that it is critical for the health and social care levy to be applied fairly across the population. As a result, the draft regulations must come into force before the levy’s introduction on 6 April.
As for who the women are, they will be identifiable through various payroll systems, and payroll operators will have to ensure they pay the right amount. If we did not bring in the draft measure, it would be difficult, because we would then have to instruct payroll operators to change their systems, because they are now set up to include that category of women, so it would be more administratively difficult to take them out than to include them.
I should also highlight that this measure is for only a year, because they will be automatically included next year in any event, when the levy appears on people’s payroll.
All that we are doing with this measure is ensuring that this group of women, who were excluded through an inadvertent error, are now included, as we had always intended.
It is vital that our NHS recovers from the pandemic and that our social care system benefits from much-needed reform as soon as possible. This measure contributes to that end and I commend it to the Committee.
There is a long history of debates about the operation and impact of the married women’s reduced rate. These regulations, however, affect only its rate in the year 2022-23, raising this by 1.25 percentage points, from 5.85% to 7.1%. I will stay within the scope of these regulations by focusing on its rate and the impact that this increase could have.
Since the Government decided to increase national insurance by 1.25 percentage points last September, we have repeatedly pressed the Chancellor to think again. We did so most recently at the spring statement and during consideration of the National Insurance Contributions (Increase of Thresholds) Bill last week. We have urged the Government time and again to accept that their national insurance hike is the worst possible tax rise at the worst possible time—it is due to start operating just days after energy bills will soar by an average of over £600, and with inflation already at its highest in decades. We have repeatedly urged the Chancellor and his team to think again and ask those with the broadest shoulders to contribute more, rather than forcing a tax hike on working people. As we know, the Government have resolutely refused to change course, and next week tax will rise for 27 million working people.
Today’s regulations are a final sting in the tail for that tax rise. They will apply the rise in national insurance to what is likely to be a very small number of women, but a group who will see a disproportionately high tax rise. We know that the national insurance tax rise is 1.25 percentage points. For workers paying the standard rate of national insurance, which is currently 12%, that is a rise of just over 10%. For those paying the married women’s reduced rate of 5.85%, however, the increase that we are debating today is, in fact, a tax rise of more than 20%.
Yet in the notes accompanying these regulations, the Government have not set out any detail of the impact that this tax rise will have on the specific group of women they believe will be affected. The notes rely instead on a general reference to the tax information and impact note published alongside the Health and Social Care Levy Bill. I would therefore like to ask the Minister—I am repeating the questions put forward by my hon. Friends—to set out now, or in the coming weeks by way of written reply, further detail on who will be affected by the tax rise that we are debating today, and how.
According to an article published in the Financial Times in 2019, a freedom of information request elicited information from HMRC to confirm that there were still around 200 women in the UK paying the reduced rate at that time. It therefore seems certain that HMRC has data on how many women are still paying that rate today.
I would also like the Minister to respond with further information giving more detail about this group of women affected, from HMRC or any other appropriate source, including: their average earnings, the kinds of jobs they are doing, and details of their wealth or level of deprivation. That is important information to know, as we are being asked to approve a tax increase of 20% on this group of older married women or widows. We know from Office for National Statistics research that widows are among those people in society most likely to have the poorest personal wellbeing.
We cannot support today’s regulations. We have opposed the increase in national insurance across the board at every opportunity since its introduction. As I said earlier, today’s regulations feel like the final sting in the tail—having raised the national insurance rate by 10% for working people across the country, the Chancellor’s team is today raising it by over 20% for a small group of older women and widows. The national insurance hike continues to be the worst possible tax rise at the worst possible time, and we will be opposing these regulations today.
The Minister talked about the health and social care levy, but there has been no great explanation or clear idea of how it will be used or passported through to social care services. She repeated the idea of fairness—it was almost a mantra—and that it is fair across the board, but this measure will hit a minuscule number of working women, whom she has already identified as being in the WASPI age group. To me, it seems grossly unfair to target that group of women again in this way. Does she believe that that group are being treated fairly? Could she say to the cohort of women in that age group that this Government have treated them fairly? Communication throughout the WASPI situation was utterly abysmal.
I was not planning to speak either, but I cannot let the Minister just go ahead with a cut that will impact directly on a group of women who, as we have recognised, are likely to have already been hit owing to their being WASPI women, with all the unnecessary impacts on their pension. This is a group of women who will effectively get a 20% tax hike that they were not anticipating, at a time when people in all Members’ constituencies are facing real economic hardship because of the cost of living increases. We are talking about 1,000 women who have already been discriminated against; and, in the scheme of things, for such a small amount of money to be raised with such a large impact on those women’s lives, I urge the Minister to reconsider.
Of course we want social care protected, but we have been calling for that for the last 10 years and it has not happened. Rather than these 1,000 women having to pick up some of the burden, when they are likely to be older married women or widowed and facing a tough time already, please, Minister, let us have some charity and common sense, especially given the scale of the investment for these women versus the savings for the Treasury.
To answer some factual points, in general the age of the people affected is between 61 and 66. For example, if someone is earning up to the threshold of £12,570 per annum, they will still be paying £13 less a month in NICs once the changes have come in—that is £160 per annum. If they are earning £15,000, they will still be paying £130 less per annum, taking into account the changes that we have made.
On notification, the Chartered Institute of Payroll Professionals, for example, published the details of the changes in relation to this rate on its website. I understand the point that people are making in relation to the increase, but the 1.25-percentage point increase is the same across the board. I appreciate the points that people are making, but at the end of the day the reason why we are doing this is so that it is fair across the board.
Question put.
Committee rose.
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