House of Commons Hansard Written Answers for 21 Nov 1996 (pt 18)

Carers

Mr. Denham: To ask the Secretary of State for Social Security to what extent the support given by carers will be counted as a service for which national earnings could be calculated under the Social Security Benefit (Computation of Earnings) Regulations 1996 (SI 1996, No. 2745. [5092]

Mr. Roger Evans: Regulation 4(2) of SI 1996 No. 2745 provides that, where a claimant performs a service for another person and that person makes no payment of earnings or pays less than that paid for a comparable employment in the area, the adjudicating authority shall treat the claimant as possessing such earnings as is reasonable for that employment. However, the claimant will not be treated as possessing earnings where the other person's means are insufficient for him to pay or to pay more for the service, or if the claimant is engaged by a charitable or voluntary organisation or is a volunteer, if the adjudicating authority is satisfied in any of those cases that it is reasonable for him to provide his services free of charge.

Benefit Regulations

Mr. Denham: To ask the Secretary of State for Social Security what guidance he intends to give his Department's offices in respect of the calculation of a work cycle under the Social Security Benefit (Computation of Earnings) Regulations 1996 (SI 1996, No. 2745). [5093]

Mr. Roger Evans: Guidance on the calculation of a work cycle under the regulations will be included in the information on the new rules being issued currently by the Benefits Agency to its offices. In addition, the chief adjudication officer will be issuing guidance to adjudication officers about the changes. This will also include guidance on the calculation of a work cycle.

Mr. Denham: To ask the Secretary of State for Social Security what representations he has received regarding the Social Security (Computation of Earnings) Regulations 1996 and Social Security (Invalid Care Allowance) Amendment Regulations 1996 (SI 1996, No. 2744). [5094]

Mr. Evans: My right hon. Friend the Secretary of State for Social Security has received one representation. The chairman of the Social Security Advisory Committee wrote following the committee's meeting in October at which it was decided that the regulations could be made without a formal reference to the committee.

Mr. Denham: To ask the Secretary of State for Social Security what provisions he has made to help claimants who will lose their entitlement under the new rules of the Social Security Benefit (Computation of Earnings) Regulations 1996 (SI 1996, No. 2745). [5099]

Mr. Evans: The regulations do not include transitional protection measures for claimants who will lose their entitlement under the new rules.

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Invalid Care Allowance

Mr. Denham: To ask the Secretary of State for Social Security (1) how many invalid allowance claimants currently have allowable travel costs; [5095]

(3) how many current recipients of invalid care allowance presently have substitute care costs disregarded; and what is the total annual cost of this care. [5097]

Mr. Burt: The information requested is not available and could be obtained only at a disproportionate cost.

Mr. Denham: To ask the Secretary of State for Social Security how many people will be affected by the loss of entitlement to invalid care allowance in the first weeks of claim as a result of the Social Security Benefit (Computation of Earnings) Regulations 1996 (SI 1996, No. 2745). [5098]

Mr. Burt: There are insufficient data on which to base reliable estimates. However, we anticipate that the number affected in this way will be small.

Mr. Denham: To ask the Secretary of State for Social Security how many invalid care allowance claimants there are and what assessment he has made of the effect of the introduction of the Social Security (Invalid Care Allowance) Amendment Regulations 1996 (SI 1996, No. 2744) and Social Security Benefit (Computation of Earnings) Regulations 1996 on this figure. [5100]

Mr. Roger Evans: As at 18 November there were approximately 350,000 recipients of invalid care allowance. There are insufficient data on which to base reliable estimates of the effect of the introduction of the regulations. However, we anticipate that the numbers affected by the regulations referred to will be small.

Mr. Denham: To ask the Secretary of State for Social Security what steps he has taken to ascertain how many people will benefit from the Social Security (Invalid Care Allowance) Amendment Regulations 1996 (SI 1996, No. 2744) and Social Security Benefit (Computation of Earnings) Regulations 1996 (SI 1996, No. 2745); how many people will no longer be able to claim; and if he will make a statement. [5101]

Mr. Evans: Data are not available to estimate accurately how many people will gain or lose from the introduction of the regulations and the costs of obtaining such information would be disproportionate. No one will be prevented from claiming as a result of the regulations.

Mr. Denham: To ask the Secretary of State for Social Security what estimate he has made of the costs of implementing the Social Security (Invalid Care Allowance) Amendment Regulations 1996 (SI 1996, No. 2744) and Social Security Benefit (Computation of Earnings) Regulations 1996 (SI 1996, No. 2745); and what net savings he estimates will accrue from the introduction of these measures. [5102]

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Mr. Evans: The cost of implementing the regulations is expected to be negligible. There are insufficient data on which to base reliable revenue estimates. However, we expect the revenue effects to be broadly cost neutral.

Mr. Denham: To ask the Secretary of State for Social Security how many current recipients of invalid care allowance have earnings; and what are the average earnings of current recipients of invalid care allowance before deductions and disregarded payment. [5103]

Mr. Burt: As at 18 November 1996, some 26,500 invalid care allowance recipients had earnings. Information about average amounts of earnings is not readily available and could be obtained only at disproportionate cost.

Appeal Tribunals

Mr. Flynn: To ask the Secretary of State for Social Security what proportion of appellants who did not attend social security appeal tribunal hearings gave advance notice that they would not be present in the last available year. [5151]

Mr. Roger Evans: This information is not available and could be obtained only at disproportionate cost.

Mr. Flynn: To ask the Secretary of State for Social Security, pursuant to his answer of 14 November, Official Report, column 328, when the Council on Tribunals was assured that his Department would make appellants aware of the consequences of not opting for an oral hearing; and if that communication was included in the correspondence with the Council on Tribunals placed in the Library. [5259]

Mr. Evans: Discussions with the Council on Tribunals are conducted on a confidential basis. However, in the case of the letter sent to the council formally consulting on the regulations, their reply, and a further letter from the Department, have been placed in the Library to assist understanding of the purpose and effect of these regulations.

Mr. Flynn: To ask the Secretary of State for Social Security, pursuant to his answers of 4 November, Official Report, column 386, and of 14 November, Official Report, column 328, for what reasons the appeal form approved on 27 September was not available to appellants on 21 October when the Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996 came into force; when he was informed that it would not be available on that date; and for what reason a copy of it was not placed in the Library on 4 November in response to the request by the hon. Member for Newport, West. [5265]

Mr. Evans: The printing and production of the revised leaflet was more difficult than normal, and did take longer, because of the physical structure of the leaflet and fold-out form. Arrangements were in place for the continued use of the existing form until the new version could be distributed and appellants would not be disadvantaged during the changeover period. As I said in my letter of 14 November to members of the Sixth Standing Committee on Delegated Legislation, a copy of which has been placed in the Library I regret that the answer at column 386 of 4 November was incorrect. On that day, the form placed in the Library was the April

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1996 version. The revised version was not available from the printers until late on 18 November and has been placed in the Library. During the course of the debate in the Sixth Standing Committee, I became aware that the correct form was not available and the incorrect form had been placed in the Library.

Mr. Flynn: To ask the Secretary of State for Social Security (1) pursuant to his answer of 14 November, Official Report, column 328, what proportion of the total number of tribunal chairmen and members the 100 copies of the Green Paper and summary sent to the independent tribunal service represented; [5257]

Mr. Evans: There are some 6,000 chairmen and members within the independent tribunal service. The ITS is an independent body and distribution of the consultation paper "Improving decision making and appeals in Social Security" within the service is a matter for the president. At the president's request, copies of the consultation paper were sent direct to all regional and full-time chairmen. Additional copies were also sent to the president at his request. The consultation period ran from 23 July to 18 October and the Government have no plans to extend the closing date for comments. Responses were received both from the president--reflecting replies he had received from tribunal members--and, separately, from a number of chairmen and members. Independent analysis of the responses is now under way.

Mr. Flynn: To ask the Secretary of State for Social Security, pursuant to his answer to the hon. Member for Wakefield (Mr. Hinchcliffe) of 13 November, Official Report, columns 270-71, by whom the responses to the consultation paper "Improving decision making and appeals in Social Security" are being independently analysed. [5256]

Mr. Evans: The independent analysis of the responses to the consultation document "Improving decision making and appeals in Social Security" is being undertaken by Dr. Roy Sainsbury of the social policy research unit at York university.

Mr. Flynn: To ask the Secretary of State for Social Security what information he has received from the independent tribunal service regarding the arrangements for tribunal members to receive the documents relating to appeals in advance of the hearing where an oral hearing is not requested. [5260]

Mr. Evans: This is a matter for the president of the independent tribunal service whom I understand has written to the hon. Member to explain the arrangements he has put in place.

Mr. Flynn: To ask the Secretary of State for Social Security when he will have collated the information on the effect of the Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996 on the number of appeals to each type of tribunal affected by them and the numbers of oral hearings resulting from those appeals. [5266]

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Mr. Evans: An evaluation of the impact of the changes will be carried out over the first year of operation. However, we expect to have some interim results after about six months.

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