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Allowance for Lowered Standard of Occupation

Mr. Donohoe: To ask the Secretary of State for Social Security (1) if he will make a statement relating to the case of a constituent of Cunninghame, South, national insurance number YM 61 93 54 D, indicating under what legislation he can appeal against the withdrawal of his award of allowance for lowered standard of occupation; which agency will reach a decision on this appeal; and for what reasons on 12 March a letter from the War Pensions Agency indicated to him that he could not be supplied with a copy of the legislation governing allowance for lowered standard of occupation in relation to his case due to copyright laws; [23992]

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Mr. Heald: These are matters for Mr. Kevin Caldwell, chief executive of the War Pensions Agency. He will write to the hon. Member.

Letter from K. C. Caldwell to Mr. Brian Donohoe, dated 1 April 1996:


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    You asked what factors underlay the time taken by the Department to notice the mistake. The original legislation, which was introduced in 1946, was to compensate the war time conscript, who, because of his war pensioned disablement, could no longer do the civilian job he had done before call-up. The legislation became much less clear cut as a result of amendments introduced in the 1970's to bring career servicemen and women within the scope of the allowance. The incorrect interpretation of the legislation had its roots in those 1970s legislative changes The majority of awards to be withdrawn were made in the 1990s and are being paid at the current maximum rate of £38.12 a week.
    You ask under what legislation an appeal my be made against the decision to withdraw ALSO. Under the Pensions Appeal Tribunals Act 1943 there is no right of appeal against a decision on a war pensions supplementary allowance. These decisions are administrative in character and are made by the Secretary of State in exercise of the power conferred on him by article 70, as the sole interpreter and administrator of the Order. As such, his decisions are susceptible to challenge only by judicial review.
    You also ask about your constituent (NINO YM619354D). He received a Gratuity, under the War Pensions Scheme for disablement assessed at 6-14 per cent. and currently receives ALSO. In the Secretary of State's view, his disablement does not prevent him from following his regular service occupation of "Driver" and his award of ALSO is therefore to be withdrawn on 3 April 1996.
    When your constituent telephoned the Agency and asked for a copy of the relevant legislation, this was taken as meaning he wanted a copy of the whole publication, ie the SPO. The War Pensions Agency is not able to supply copies of the SPO in its entirety as it is a priced item supplied by Her Majesty's Stationery Office. Our letter of 12 March 1996 told him that he could view a copy of the legislation at his local War Pensioners' Welfare Office. However, it is clear that a copy of the relevant two page extract from the legislation, ie Article 21, could have been copied and sent to him. I am sorry that this course of action was not immediately taken but I can confirm that these papers have now been sent to him.
    Finally, you ask about the factors which led us to change the reference system used on payment books. The War Pensions Agency previously used two separate computer systems; one to support administration of a claim, the other to make payment. The two systems used different reference numbers. Since April 1995, the Agency has introduced a new computer system which supports the administration of claims through to payment. As part of that change the Agency, in accordance with the Department's long term strategy, introduced the use of the National Insurance number as the sole reference number. This change has affected all War Pensioners' records, on a rolling programme, not just of those in receipt of ALSO. The change to the use of national Insurance numbers does not affect War Pensions payments and is completely unconnected to the review of ALSO awards.
    I hope you find this information useful.

Benefits Agency (Advice line)

Mr. Frank Field: To ask the Secretary of State for Social Security (1) what is the current budget for the Benefits Agency's freeline benefit advice line service; and what are the proposed budgets for the next two financial years; [23847]

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Mr. Roger Evans: This is a matter for Peter Mathison, the chief executive of the Benefits Agency. He will write to the hon. Member.

Letter from Ursula Brennan to Mr. Frank Field, dated 1 April 1996:



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