House of Commons Hansard Written Answers for 8 Mar 2005 (pt 25)

8 Mar 2005 : Column 1713W—continued

Council Tax Benefit

Mr. Webb: To ask the Secretary of State for Work and Pensions how many people (a) of working age and

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(b) over state pension age have been in receipt of council tax benefit since 1997, broken down by parliamentary constituency. [220575]

Mr. Pond: The information is not available. Information on the number of people in receipt of council tax benefit is not held by constituency.

Disability Rights Commission

Dr. Murrison: To ask the Secretary of State for Work and Pensions what the latest recommendations of the Disability Rights Commission with regard to employment are; and how his Department intends to implement them. [219870]

Maria Eagle: The Disability Rights Commission made a range of proposals and recommendations concerning employment in Disability Equality: Making it happen—First Review of the Disability Discrimination Act". The majority of these were implemented through the Disability Discrimination Act 1995 (Amendment) Regulations 2003 which came into force on 1 October 2004 and we indicated in our response to the commission's review that the remaining recommendations were for possible future consideration.

The following table sets out the commission's proposals and recommendations concerning employment issues and the Government's position.
Disability equality: making it happen—first review of the Disability Discrimination Act

DRC proposal Government position

Disability Rights Commission Proposals

The DDA should apply to practical work experience and to examining bodies Practical work experience and many types of examining bodies were covered in DDA Amendment Regulations 2003. Note: The Disability Discrimination Bill currently before Parliament will bring general qualifications bodies within the scope of the Disability Discrimination Act.

The DDA should apply to constructive dismissal and to post-employment discrimination. Covered in DDA Amendment Regulations 2003.

It should be unlawful under the DDA for employers to instruct or pressurise other people to discriminate and DRC should be able to take action in such situations. Covered in DDA Amendment Regulations 2003.

The DDA employment provisions, which allow justification for failure to make a reasonable adjustment, should be removed. Covered in DDA Amendment Regulations 2003.

The definition of victimisation" currently in the DDA should be broadened. Covered in DDA Amendment Regulations 2003.

The Part 2 employment regulations in relation to reasonable adjustments to physical features should be amended. The provisions in the Employment Regulations about Approved Document M were revoked from 1 October 2004.

Disability Rights Commission Recommendations

Employers should make reasonable adjustments in anticipation of having disabled employees. For possible future consideration.

Less favourable treatment should only be justifiable where there is a genuine occupational requirement. For possible future consideration.

Employment Tribunals should be able to recommend employers change their practices generally. For possible future consideration.

Disability-related inquiries before a job is offered should be permitted only in very limited circumstances. For possible future consideration.

The DDA should apply to volunteers. For possible future consideration. However, the Disability Rights Commission has been asked to produce a voluntary code of practice on volunteers.

The DDA should apply to all statutory office holders, political office holders (including councillors), magistrates and school governors. Many office holders covered in DDA Amendment Regulations 2003. The draft Disability Discrimination Bill documents outline our commitment to include local councillors. Note: The Disability Discrimination Bill currently before Parliament includes proposals to cover local councillors and the public office holders not covered by the DDA Amendment Regulations 2003

The armed services should be covered by the DDA. This recommendation is rejected. Provision for the exemption of the armed forces was recognised in the Article 13 Employment Directive adopted in November 2000. Ministry of Defence are working on voluntary guidance for service personnel who become disabled.

The reasonable adjustment duty should be extended to cover omissions to act. Covered in DDA Amendment Regulations 2003.

Alter tribunal procedures so that tribunals order and fund a joint medical report. For possible future consideration.

8 Mar 2005 : Column 1715W

DRC proposal	Government position
Disability Rights Commission Proposals
The DDA should apply to practical work experience and to examining bodies	Practical work experience and many types of examining bodies were covered in DDA Amendment Regulations 2003. Note: The Disability Discrimination Bill currently before Parliament will bring general qualifications bodies within the scope of the Disability Discrimination Act.
The DDA should apply to constructive dismissal and to post-employment discrimination.	Covered in DDA Amendment Regulations 2003.
It should be unlawful under the DDA for employers to instruct or pressurise other people to discriminate and DRC should be able to take action in such situations.	Covered in DDA Amendment Regulations 2003.
The DDA employment provisions, which allow justification for failure to make a reasonable adjustment, should be removed.	Covered in DDA Amendment Regulations 2003.
The definition of victimisation" currently in the DDA should be broadened.	Covered in DDA Amendment Regulations 2003.
The Part 2 employment regulations in relation to reasonable adjustments to physical features should be amended.	The provisions in the Employment Regulations about Approved Document M were revoked from 1 October 2004.

Disability Rights Commission Recommendations
Employers should make reasonable adjustments in anticipation of having disabled employees.	For possible future consideration.
Less favourable treatment should only be justifiable where there is a genuine occupational requirement.	For possible future consideration.
Employment Tribunals should be able to recommend employers change their practices generally.	For possible future consideration.
Disability-related inquiries before a job is offered should be permitted only in very limited circumstances.	For possible future consideration.
The DDA should apply to volunteers.	For possible future consideration. However, the Disability Rights Commission has been asked to produce a voluntary code of practice on volunteers.
The DDA should apply to all statutory office holders, political office holders (including councillors), magistrates and school governors.	Many office holders covered in DDA Amendment Regulations 2003. The draft Disability Discrimination Bill documents outline our commitment to include local councillors. Note: The Disability Discrimination Bill currently before Parliament includes proposals to cover local councillors and the public office holders not covered by the DDA Amendment Regulations 2003
The armed services should be covered by the DDA.	This recommendation is rejected. Provision for the exemption of the armed forces was recognised in the Article 13 Employment Directive adopted in November 2000. Ministry of Defence are working on voluntary guidance for service personnel who become disabled.
The reasonable adjustment duty should be extended to cover omissions to act.	Covered in DDA Amendment Regulations 2003.
Alter tribunal procedures so that tribunals order and fund a joint medical report.	For possible future consideration.

EU Committees

Angus Robertson: To ask the Secretary of State for Work and Pensions how many times during the (a) Italian, (b) Irish and (c) Dutch presidency of the EU the Audit Board of the Administrative Commission on Social Security for Migrant Workers met; when and where these meetings took place; what UK Government expert was present; and if he will make a statement. [217887]

Mr. Hutton: I have been asked to reply.

This body met once during each of these presidencies. Meetings were held on 11–12 November 2003 (Italian presidency), 7–8 June 2004 (Irish presidency), 17–18 November 2004 (Dutch presidency). Three officials from the Department attended the meeting during the Italian presidency and two officials attended the others. All meeting were in Brussels.

Pensions

Mr. Willetts: To ask the Secretary of State for Work and Pensions what his estimate is of the total value of the guaranteed minimum pension accumulated since 1978 in contracted-out occupational pensions. [219560]

Malcolm Wicks: The information is not available and could be obtained only at disproportionate cost.

Andrew Selous: To ask the Secretary of State for Work and Pensions what estimate he has made of the annual cost to the Department of not reducing state pensions of pensioners who are hospital in-patients. [220584]

Malcolm Wicks: The estimated cost of not reducing state pensions of pensioners who are hospital in-patients is £23 million per year.

Notes:

1. The cost is in 2004–05 prices and rounded to the nearest £1 million.

2. Estimates based on DWP 5 per cent. administrative data sample at 30 September 2003 and 31 March 2004.

3. This cost takes no account of any changes in expenditure on any other benefit.

Dr. Kumar: To ask the Secretary of State for Work and Pensions what plans he has to amend (a) sections 101B and 101C of the Pension Schemes Act 1985 and (b) section 37 of the Welfare Reform and Pensions Act 1999. [220343]

Malcolm Wicks: This legislation was introduced in December 2000 to enable couples to share the value of their pensions on divorce. It allows a former spouse to

8 Mar 2005 : Column 1716W

acquire a pension in her, or his, own right, providing security of income in retirement and a clean break settlement. Section 101C of the Pension Schemes Act 1993 in particular specifies that pension credit benefit paid under a pension sharing order in an occupational pension scheme must be paid from age 60 to 65. Each scheme sets its own normal benefit age within this range. We do not plan to change this.

Incapacity Benefit

Mr. Goodman: To ask the Secretary of State for Work and Pensions how many new claimants left incapacity benefit at the (a) four month and (b) 12 month stage of their claim in each quarter since January 2003 in (i) pathways to work pilot areas and (ii) non-pathways areas. [215776]

Maria Eagle [holding answer 10 February 2005]: The information is in the table.

People move off incapacity benefit for a variety of reasons. These include failing the Personal Capability Assessment, death, retirement, and because their condition improves and they either return to work or claim a different benefit.
All incapacity benefit and severe disability allowance terminations in the quarters shown, by duration of claim and area

All 4 Months or less From 4 to 12 months More than 12 months

Pathway to work areas

February 2003 13,600 4,600 3,600 5,400

May 2003 12,400 4,400 3,300 4,700

August 2003 13,900 4,200 4,000 5,800

November 2003 13,800 4,400 3,800 5,600

February 2004 14,200 4,600 3,600 5,900

May 2004 15,200 5,000 3,900 6,300

August 2004 11,500 4,200 3,000 4,300

Non pathway areas

February 2003 157,000 49,700 40,600 66,700

May 2003 153,800 50,800 44,200 58,900

August 2003 169,500 51,500 43,600 74,400

November 2003 173,700 53,700 44,300 75,700

February 2004 159,700 46,600 43,300 69,900

May 2004 162,900 45,900 43,500 73,400

August 2004 113,900 34,500 31,800 47,500

Notes:
1. Figures are rounded to the nearest hundred. Totals may not sum due to rounding.
2. Figures include all incapacity benefit, severe disability allowance and credits-only cases.
3. The figures have been updated to include late notified terminations, including terminations for retirement pension. Figures for the latest quarter do not include any late notifications and are subject to major changes in future quarters. For illustration purposes, total terminations for August 2003 increased by 34 per cent. in the year following their initial release.
4. Pathways to Work programme commenced in three pilot areas in October 2003 and a further four in April 2004.
Source:
Information Directorate, 5 per cent. sample.

8 Mar 2005 : Column 1717W

	All	4 Months or less	From 4 to 12 months	More than 12 months
Pathway to work areas
February 2003	13,600	4,600	3,600	5,400
May 2003	12,400	4,400	3,300	4,700
August 2003	13,900	4,200	4,000	5,800
November 2003	13,800	4,400	3,800	5,600
February 2004	14,200	4,600	3,600	5,900
May 2004	15,200	5,000	3,900	6,300
August 2004	11,500	4,200	3,000	4,300

Non pathway areas
February 2003	157,000	49,700	40,600	66,700
May 2003	153,800	50,800	44,200	58,900
August 2003	169,500	51,500	43,600	74,400
November 2003	173,700	53,700	44,300	75,700
February 2004	159,700	46,600	43,300	69,900
May 2004	162,900	45,900	43,500	73,400
August 2004	113,900	34,500	31,800	47,500

Mr. Frank Field: To ask the Secretary of State for Work and Pensions how many claimants of incapacity benefit were in receipt of (a) incapacity benefit only,

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(b) incapacity benefit in combination with each other benefit to which a claimant may also be entitled and (c) each other (i) benefit and (ii) combination of benefits to which a claimant may be entitled in each of the last five years; and what the average weekly level of benefit received by a claimant was in each case. [219392]

Maria Eagle: The available information is in the tables.
Incapacity benefit (IB) severe disability allowance (SDA) claimants⁽²³⁾ with income support (IS), disability living allowance (DLA), housing benefit (HB), and council tax benefit (CTB), in Great Britain

May

1999
2000
2001

Benefit combination Caseload Average weekly
amount (£ pw) Caseload Average weekly
amount (£ pw) Caseload Average weekly
amount (£ pw)

IB/SDA⁽²⁴⁾ only 921,200 74.45 908,300 72.81 900,700 72.71

IB/SDA⁽²⁴⁾ with IS only 632,700 88.05 656,800 91.05 687,600 95.22

IB/SDA⁽²⁴⁾ with DLA only 518,800 127.26 511,200 128.01 519,400 130.79

IB/SDA⁽²⁴⁾ with IS and DLA 476,800 161.70 499,500 165.35 535,600 173.28

IB/SDA⁽²⁵⁾ with HB only 30,000 ⁽²⁶⁾— 20,000 ⁽²⁶⁾— 20,000 ⁽²⁶⁾—

IB/SDA⁽²⁵⁾ with CTB only 50,000 ⁽²⁶⁾— 50,000 ⁽²⁶⁾— 40,000 ⁽²⁶⁾—

IB/SDA⁽²⁵⁾ with HB and CTB 150,000 ⁽²⁶⁾— 140,000 ⁽²⁶⁾— 130,000 ⁽²⁶⁾—

May

2002
2003
2004

Benefit combination Caseload Average weekly
amount (£ pw) Caseload Average weekly
amount (£ pw) Caseload Average weekly
amount (£ pw)

IB/SDA⁽²⁴⁾ only 871,600 71.84 834,600 71.50 824,400 71.41

IB/SDA⁽²⁴⁾ with IS only 683,500 96.17 681,000 99.08 662,000 99.61

IB/SDA⁽²⁴⁾ with DLA only 538,800 131.94 552,600 132.78 563,500 134.39

IB/SDA⁽²⁴⁾ with IS and DLA 552,900 166.23 590,600 170.53 606,700 171.89

IB/SDA⁽²⁵⁾ with HB only 20,000 ⁽²⁶⁾— 20,000 ⁽²⁶⁾— ⁽²⁶⁾— ⁽²⁶⁾—

IB/SDA⁽²⁵⁾ with CTB only 40,000 ⁽²⁶⁾— 40,000 ⁽²⁶⁾— ⁽²⁶⁾— ⁽²⁶⁾—

IB/SDA⁽²⁵⁾ with HB and CTB 120,000 ⁽²⁶⁾— 120,000 ⁽²⁶⁾— ⁽²⁶⁾— ⁽²⁶⁾—

⁽²³⁾ Includes Credit only cases, except where stated (see ⁽²⁴⁾ ).
⁽²⁵⁾ Working age claimants are men aged 16–64 and women aged 16–59. Excludes a small number of claimants over State Pension Age (almost all SDA claimants).
⁽²⁶⁾ HB/CTB figures cover IB/SDA recipients only, i.e. do not include Credits only cases.
⁽²⁷⁾ Signifies information not available; (see notes)
Notes:
1. Figures refer to benefit units, which may be a single person or a couple.
2. Due to the estimation procedure to produce the figures for Housing Benefit and Council Tax Benefit and the collection procedures in Scotland, HB/CTB figures are rounded to the nearest 10,000. All other working age caseloads are rounded to the nearest 100.
3. Average weekly amounts are not available for HB/CTB recipients where overlaps are removed.
4. Council tax benefit cases exclude any Second Adult Rebate cases.
5. Housing benefit cases exclude Extended Payment cases.
6. Figures refer to where the claimant and/or partner are aged in receipt of the relevant benefit.
7. May 2003 is the most recent data available for HB/CTB.
8. Average amounts refer to the combined amount of the benefits listed and are rounded to the nearest penny.
Sources:
Information Directorate, 5 per cent. Working Age Client Group sample.
Housing Benefit and Council Tax Benefit Management Information System, Annual 1 per cent. sample, taken in May 1999 to 2003.

	May
	1999	2000	2001
Benefit combination	Caseload	Average weekly amount (£ pw)	Caseload	Average weekly amount (£ pw)	Caseload	Average weekly amount (£ pw)
IB/SDA⁽²⁴⁾ only	921,200	74.45	908,300	72.81	900,700	72.71
IB/SDA⁽²⁴⁾ with IS only	632,700	88.05	656,800	91.05	687,600	95.22
IB/SDA⁽²⁴⁾ with DLA only	518,800	127.26	511,200	128.01	519,400	130.79
IB/SDA⁽²⁴⁾ with IS and DLA	476,800	161.70	499,500	165.35	535,600	173.28
IB/SDA⁽²⁵⁾ with HB only	30,000	⁽²⁶⁾—	20,000	⁽²⁶⁾—	20,000	⁽²⁶⁾—
IB/SDA⁽²⁵⁾ with CTB only	50,000	⁽²⁶⁾—	50,000	⁽²⁶⁾—	40,000	⁽²⁶⁾—
IB/SDA⁽²⁵⁾ with HB and CTB	150,000	⁽²⁶⁾—	140,000	⁽²⁶⁾—	130,000	⁽²⁶⁾—


	May
	2002	2003	2004
Benefit combination	Caseload	Average weekly amount (£ pw)	Caseload	Average weekly amount (£ pw)	Caseload	Average weekly amount (£ pw)
IB/SDA⁽²⁴⁾ only	871,600	71.84	834,600	71.50	824,400	71.41
IB/SDA⁽²⁴⁾ with IS only	683,500	96.17	681,000	99.08	662,000	99.61
IB/SDA⁽²⁴⁾ with DLA only	538,800	131.94	552,600	132.78	563,500	134.39
IB/SDA⁽²⁴⁾ with IS and DLA	552,900	166.23	590,600	170.53	606,700	171.89
IB/SDA⁽²⁵⁾ with HB only	20,000	⁽²⁶⁾—	20,000	⁽²⁶⁾—	⁽²⁶⁾—	⁽²⁶⁾—
IB/SDA⁽²⁵⁾ with CTB only	40,000	⁽²⁶⁾—	40,000	⁽²⁶⁾—	⁽²⁶⁾—	⁽²⁶⁾—
IB/SDA⁽²⁵⁾ with HB and CTB	120,000	⁽²⁶⁾—	120,000	⁽²⁶⁾—	⁽²⁶⁾—	⁽²⁶⁾—

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