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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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Column 980

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

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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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