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28 Feb 2003 : Column 753W—continued

Maternity Pay

Helen Jones: To ask the Secretary of State for Work and Pensions what steps he is taking to review the impact of part-year pay on the right to Statutory Maternity Pay; and if he will make a statement. [97656]

Maria Eagle: Maternity benefits are being improved as part of the Government's drive to help pregnant women and parents financially and to achieve a better balance between their work and home lives.

In order to qualify for statutory maternity pay a woman must have average weekly earnings that at least equal the lower earnings limit for National Insurance contributions. The lower earnings limit is currently £75 a week. An average is taken of the gross earnings actually paid to a woman in an eight week period running up to the 15th week before the week baby is due. The period used may vary slightly depending on the woman's own pay period.

Maternity Allowance is available for those women who do not qualify for SMP. From this April we are changing the earnings calculation, so that women will be able to choose the 13 weeks that reflect her best earnings during the test period (the 66 weeks up to the week before the week her baby is expected). This change will, of course, be beneficial to those with part year earnings. It will mean that women's entitlement to Maternity Allowance is maximised so that more will qualify for the standard rate.

Pensions and Benefits

Dr. Cable: To ask the Secretary of State for Work and Pensions (1) what plans he has to co-operate with consumer groups to assess the effectiveness of the direct

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payment literature being sent to recipients of pensions and benefits; and if he will make a statement; [99708]

Malcolm Wicks: The Department is supplying customers with information about all of their account options, including those that can be accessed at Post Office branches, to help customers choose the account that best suits their needs and circumstances.

Customer information material is routinely tested on representative samples of the Department's customers before it is issued and its effectiveness is continually assessed through ongoing monitoring and review. Customers are being regularly surveyed about the Department's information material throughout the duration of theconversion period.

We have consulted with consumer and special interest groups (including Postwatch and the NFSP) on the development of our customer information material and they have been given several opportunities to comment on our proposals. We will continue to work closely with them throughout the conversion period and as the information campaign progresses.

Benefit Fraud

Mr. Heald: To ask the Secretary of State for Work and Pensions how many persons were (a) convicted and (b) acquitted of benefit fraud offences in each of the last three years, broken down by type of offence; how many of those convicted of each type of offence in each year were sentenced to (i) immediate custody and (ii) other dispoals broken down by type of disposal; what the (A) mean average and (B) longest individual custodial sentence imposed in each year was for each type of offence; and if he will make a statement. [88466]

Malcolm Wicks: Information on benefit fraud by type of offence and the length of custodial sentences imposed following conviction are not recorded. The available information is in the table.

Further analysis of investigation data has required revisions to previously published figures. The corrected data is shown in the table.

Outcome of prosecutions following investigations by Departmental Investigators

Convictions
Custodial sentences(9)Community sentences(10)Other sentences(11)AcquittalsTotal prosecutions
1997–985512,5538,28213711,523
1998–996432,2927,03216210,129
1999–20006362,2156,2741439,268
2000–016532,7048,31318111,851
2001–026463,0677,47017211,355

Notes:

(9) Imprisonment, Young Offenders Institute, custodial and fine

(10) Community Service

(11) Absolute discharge, conditional discharge, compensation only, admonishment, fine, community rehabilitation, suspended sentence, supervision order, Young Offenders Institute, attendance centre, unknown

(12) The fraud database shows completed cases commenced in the relevant period. Due to the elapsed time between commencement of an investigation and completion of a prosecution there are cases that are inserted into previously completed data for earlier periods. All totals are therefore correct at the time when quoted but subject to adjustment at a later date.Source:Fraud Information By Sector system and data from Counter-Fraud Investigation Division Operations

(13)


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Term-time Workers

Helen Jones: To ask the Secretary of State for Work and Pensions what steps he is taking to decide the employment status of term-time workers; whether he intends to ensure that term-time workers are eligible for Job Seekers' Allowance during unpaid holidays; and whether the actual annual salary of a term-time worker will be the basis for calculating his or her hourly rate for minimum wage purposes. [97655]

Mr. Nicholas Brown: Jobseeker's Allowance is paid to support people who are out of work and actively seeking employment. People who are in remunerative work, i.e. averaging 16 hours or more per week, are not entitled to Jobseeker's Allowance.

For term-time workers the average number of hours they work is calculated over the whole academic year, including the school holidays. If this average is less than 16 hours a week then they may be entitled to Jobseeker's Allowance. This calculation would apply if an application was made during term-time or during the vacation period. We have no plans to change the rules on remunerative work.

The National Minimum Wage has to be paid for every hour worked, averaged over the pay reference period, to most people who work in the UK. The calculation to determine if a person is receiving the National Minimum Wage depends on whether the worker is a time worker or a salaried-hours worker.

If the term-time worker is paid a set amount at regular periods (i.e weekly or monthly) throughout the year regardless of whether they have actually worked during that period then they are a salaried worker. For salaried work, the contract between the employer and the worker must set out a basic number of hours for which the worker must be paid at least the minimum wage. If the salaried worker works any hours in excess of their contract, then the National Minimum Wage will also apply to those additional hours.

FOREIGN AND COMMONWEALTH AFFAIRS

EU Directives/Court Orders (Non-compliance)

Norman Baker: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list the incidences under which the UK has received (a) letters of formal notice and (b) reasoned opinions for (i) failing to fulfil obligations under EU directives and (ii) failing to comply with court orders since 1992; and which remain outstanding. [99217]

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Mr. MacShane: At any given time, the European Commission will have a number of infractions proceedings against any Member State. They will be at different stages of the proceedings.

As of 31 December 2001, the last date for which the Commission has comprehensive public figures, the Commission had 220 infractions cases under examination against the United Kingdom.

Between 1997 and 2001, the Commission issued the UK with 368 letters of formal notice and 151 reasoned opinions. The UK was referred to the European Court of Justice 28 times between 1997 and 2001. In only one of the 220 cases under examination against the UK as of 31 December 2001 was the UK accused of having failed to comply with the judgment of the Court. Figures for the period prior to 1997 are not publicly readily available.

We are working with the Commission to resolve all outstanding cases.

Departmental Properties

Mr. Laws: To ask the Secretary of State for Foreign and Commonwealth Affairs what his latest estimate is of the value of British Council property in (a) Madrid and (b) Barcelona, in terms of (i) market value and (ii) same use market value; what use is made of these properties; and if he will make a statement. [98388]

Mr. MacShane: The British Council is currently reviewing a range of options for its estate in Spain and so regards the current market value of its Spanish properties as commercially sensitive. My noble Friend the Baroness Symons, the Minister responsible for the British Council, will therefore write on a personal basis to the hon. Member with the information he has requested.

The properties in Madrid and Barcelona function as the offices of the British Council in those cities, including school and teaching operations.


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