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Mr. Winnick : Does the hon. Lady realise how miserly those arrangements are? Unless it is freezing, not a penny will be paid and then, as she said, it has to freeze for seven consecutive days. Does she not have constituents like mine, who have the smallest possible income and simply cannot afford to pay their fuel bills even when it is not freezing?
Mrs. Shephard : The hon. Gentleman knows that allowance is already made in income support for heating costs. The £5 payment is intended to provide additional help in very cold weather.
As for the Income Support (Transitional) Amendment No. 2 Regulations that relate to children returning home from local authority care, we have attempted to help the particularly vulnerable groups. The amendment regulations further reflect our concern about exceptional cases. The regulations will help the tiny minority of families who still have transitional protection and whose children are in local authority care.
We provide such families with additional benefit when their children come home temporarily from care. We wish to encourage children to take advantage of home leave. We do not want the additional benefit of leave to reduce the financial protection for parents. We have therefore legislated accordingly. I remind the House that special arrangements were incorporated in the transitional protection for the severely disabled and also for those who require respite care in residential homes or nursing homes.
As for recoupment, the Opposition have misunderstood the position, despite the fact that the matter was fully debated last year in Committee. The division of damages into special damages and general damages is almost academic. The distinctions apply only to cases that are heard in court--1 per cent. of all cases. In all the other
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cases--99 per cent.--compensation for total damages is already sought. The aim of the legislation and regulations is to accept the realities.In general terms, the legislation is based on two fundamental principles : that the compensator should fully compensate a person for injuries caused to him and that his liability should not be subsidised by the social security services. Such a scheme operates in most EC countries. I do not know why the Opposition fail to understand that it is the compensator's liability that is dealt with in the legislation.
The second principle is that the injured person should not receive more from two sources than he might receive in compensation or social security alone. However, the savings to which Opposition Members referred come from the compensators. We have been grateful for the co-operation of a number of outside organisations in working out the details of the scheme in such a way as to reduce the burdens on them. We are well aware of the calls for a higher small payment limit, but we believe that £2,500 is a reasonable figure.
It has been an interesting debate, with good contributions from hon. Members on both sides of the House. On the whole, the regulations provide a package of measures that are designed to improve and refine the way that the social security system operates. They deserve to be supported. I recommend their approval.
Question put and agreed to.
Resolved,
That the draft Social Security (Industrial Injuries) (Regular Employment) Regulations 1990, which were laid before this House on 18th January, be approved.
That the draft Social Security (Recoupment) Regulations 1990, which were laid before this House on 25th January, be approved.-- [Mr. Newton.]
Motion made, and Question put,
That an humble Address be presented to Her Majesty, praying that the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1990 (S.I., 1990, No. 73) dated 22nd January 1990, a copy of which was laid before this House on 23rd January, be annulled.-- [Mr. Meacher.]
The House proceeded to a Division, and Mr. Speaker having directed that the doors be locked--
Mr. Speaker : Order. I understand that there has been a miscalculation and that I called for the doors to be locked one minute early. I shall have the doors opened for one minute. Whereupon the doors were unlocked.
The House having divided : Ayes 218, Noes 270.
Division No. 69] [10 pm
AYES
Abbott, Ms Diane
Allen, Graham
Alton, David
Anderson, Donald
Archer, Rt Hon Peter
Armstrong, Hilary
Ashdown, Rt Hon Paddy
Ashton, Joe
Banks, Tony (Newham NW)
Barnes, Harry (Derbyshire NE)
Barron, Kevin
Battle, John
Beckett, Margaret
Beggs, Roy
Beith, A. J.
Bell, Stuart
Benn, Rt Hon Tony
Bennett, A. F. (D'nt'n & R'dish)
Bermingham, Gerald
Bidwell, Sydney
Blair, Tony
Blunkett, David
Boateng, Paul
Boyes, Roland
Bradley, Keith
Bray, Dr Jeremy
Brown, Gordon (D'mline E)
Brown, Nicholas (Newcastle E)
Buchan, Norman
Buckley, George J.
Caborn, Richard
Callaghan, Jim
Campbell, Menzies (Fife NE)
Campbell, Ron (Blyth Valley)
Campbell-Savours, D. N.
Canavan, Dennis
Column 981
Carlile, Alex (Mont'g)Clark, Dr David (S Shields)
Clarke, Tom (Monklands W)
Clay, Bob
Clelland, David
Cohen, Harry
Coleman, Donald
Corbett, Robin
Corbyn, Jeremy
Cousins, Jim
Cox, Tom
Crowther, Stan
Cryer, Bob
Cummings, John
Cunliffe, Lawrence
Dalyell, Tam
Darling, Alistair
Davies, Ron (Caerphilly)
Davis, Terry (B'ham Hodge H'l)
Dewar, Donald
Dixon, Don
Dobson, Frank
Doran, Frank
Douglas, Dick
Duffy, A. E. P.
Dunnachie, Jimmy
Dunwoody, Hon Mrs Gwyneth
Ewing, Harry (Falkirk E)
Fatchett, Derek
Faulds, Andrew
Fearn, Ronald
Field, Frank (Birkenhead)
Fields, Terry (L'pool B G'n)
Fisher, Mark
Flannery, Martin
Flynn, Paul
Forsythe, Clifford (Antrim S)
Foster, Derek
Fraser, John
Fyfe, Maria
Galloway, George
Garrett, John (Norwich South)
Garrett, Ted (Wallsend)
George, Bruce
Gilbert, Rt Hon Dr John
Godman, Dr Norman A.
Gordon, Mildred
Gould, Bryan
Graham, Thomas
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Hardy, Peter
Hattersley, Rt Hon Roy
Haynes, Frank
Heffer, Eric S.
Henderson, Doug
Hinchliffe, David
Hoey, Ms Kate (Vauxhall)
Hogg, N. (C'nauld & Kilsyth)
Home Robertson, John
Hood, Jimmy
Howarth, George (Knowsley N)
Howell, Rt Hon D. (S'heath)
Howells, Geraint
Howells, Dr. Kim (Pontypridd)
Hoyle, Doug
Hughes, John (Coventry NE)
Hughes, Robert (Aberdeen N)
Hughes, Roy (Newport E)
Hughes, Simon (Southwark)
Illsley, Eric
Ingram, Adam
Janner, Greville
Jones, Ieuan (Ynys Mo n)
Jones, Martyn (Clwyd S W)
Kaufman, Rt Hon Gerald
Kilfedder, James
Kirkwood, Archy
Lambie, David
Lamond, James
Leadbitter, Ted
Leighton, Ron
Lestor, Joan (Eccles)
Lewis, Terry
Litherland, Robert
Livingstone, Ken
Livsey, Richard
Lloyd, Tony (Stretford)
Lofthouse, Geoffrey
Loyden, Eddie
McAllion, John
McAvoy, Thomas
McCartney, Ian
McFall, John
McKay, Allen (Barnsley West)
McKelvey, William
McLeish, Henry
McWilliam, John
Madden, Max
Maginnis, Ken
Mahon, Mrs Alice
Marshall, Jim (Leicester S)
Martin, Michael J. (Springburn)
Martlew, Eric
Maxton, John
Meacher, Michael
Meale, Alan
Michael, Alun
Michie, Bill (Sheffield Heeley)
Michie, Mrs Ray (Arg'l & Bute)
Mitchell, Austin (G't Grimsby)
Molyneaux, Rt Hon James
Moonie, Dr Lewis
Morgan, Rhodri
Morley, Elliot
Morris, Rt Hon A. (W'shawe)
Morris, Rt Hon J. (Aberavon)
Mowlam, Marjorie
Mullin, Chris
Murphy, Paul
Nellist, Dave
Oakes, Rt Hon Gordon
O'Brien, William
O'Neill, Martin
Orme, Rt Hon Stanley
Parry, Robert
Patchett, Terry
Pendry, Tom
Pike, Peter L.
Powell, Ray (Ogmore)
Primarolo, Dawn
Quin, Ms Joyce
Randall, Stuart
Redmond, Martin
Rees, Rt Hon Merlyn
Richardson, Jo
Robinson, Geoffrey
Rooker, Jeff
Ross, Ernie (Dundee W)
Ross, William (Londonderry E)
Rowlands, Ted
Ruddock, Joan
Sedgemore, Brian
Sheerman, Barry
Sheldon, Rt Hon Robert
Shore, Rt Hon Peter
Short, Clare
Sillars, Jim
Skinner, Dennis
Smith, Andrew (Oxford E)
Smith, Rt Hon J. (Monk'ds E)
Smyth, Rev Martin (Belfast S)
Snape, Peter
Soley, Clive
Spearing, Nigel
Steel, Rt Hon Sir David
Steinberg, Gerry
Stott, Roger
Strang, Gavin
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