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Lord Freyberg asked Her Majesty's Government:

Lord Sainsbury of Turville: The royalty rates are:



    (b) 3 per cent for the portion of the sale price EUR 50,000.01 to 200,000 (£30,750 to £123,000);


    (c) 1 per cent of the portion of the sale price from EUR 200,000.01 to 350,000 (£123,000 to £215,250);


    (d) 0.5 per cent for the portion of the sale price from EUR 350,000.01 to 500,000 (£215,000 to £307,500);


    (e) 0.25 per cent for the portion of the sale price exceeding EUR 500,000 (£307,500).

By way of derogation, member states may apply a rate of 5 per cent for the portion of the sale price up to EUR 50,000. They may also set a minimum sale price from which sales shall be subjected to droit de suite, but this price must not exceed EUR 3000 (£1,845). If a lower minimum is set, the member state may determine the rate applicable up to EUR 3000; but this must not be lower than 4 per cent. The total royalty payable may not exceed EUR 12,500 (£7,687). [Sterling equivalents are based on a prevailing conversion rate of 1 EUR = 61.5 pence].

Incapacity Benefit

Lord Astor of Hever asked Her Majesty's Government:

    Whether they will give the source and method of calculation behind the figures quoted by the Prime Minister in his assertion on 4 July (HC Deb, col. 254) that people coming on to incapacity benefit will be paid on average £4,000 a year for 10, 15 or 20 years without any checks as to their recovery or ability to work; and[HL433]

    Following the Prime Minister's assertion that people coming on to incapacity benefit will be paid on average about £4,000 a year for 10, 15 or 20 years without any checks as to their recovery or ability to work (HC Deb, 4 July, col. 254), whether they will clarify which permanently or severely disabling conditions will exempt an incapacity benefit claimant from an eligibility review.[HL434].

The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham): The Disability Rights Commission has stated that 1 million disabled people not in work say they would like to work. We have a duty to help them do so. My right honourable friend the Prime Minister was quoting the type of case that can arise under the regime.

The proposed changes announced by my right honourable friend the Secretary of State on 11 July (Commons Official Report col. 567W) do not change

14 Sept 2001 : Column WA42

the current exemptions from medical testing which apply to the most severely disabled people. However, they will ensure that there is a review at least every three years to make sure people are getting all the help they need.

Lord Morris of Manchester asked Her Majesty's Government:

    How many recipients of incapacity benefit are not subject to further medical tests because of the severity of their disabilities; and what percentage of incapacity benefit recipients as a whole they represent. [HL621]

Baroness Hollis of Heigham: The information is in the table.

Thousands

Total number of Incapacity Benefit (IB) recipients at 28 February 2001 Number exempt from the Personal Capability Assessment (PCA) due to severe medical conditionsPercentage of IB recipients
1,515.2366.724.2

Notes:

1. Although people with severe medical conditions do not have to undergo the whole PCA their cases may be reviewed from time to time to ensure that the criteria is satisfied.

2. The table excludes national insurance credits only cases.

3. The figures are taken from a 5 per cent sample of the benefit computer system and exclude a small number of cases held clerically.

4. Figures are expressed as thousands and are rounded to the nearest hundred.


Sick or Disabled People: Benefit Applications

Lord Ashley of Stoke asked Her Majesty's Government:

    For each of the past five years for which figures are available, how many applications for all the benefits available to sick or disabled people were made; how many were rejected for failing the medical test; how many appealed; and how many appeals were successful. [HL554]

Baroness Hollis of Heigham: The available information is in the tables.

Information is available on the total number of appeals made against decisions in respect of all of these benefits. However, information on the number of people who appealed because they were disallowed benefit following a medical test is not available separately.

New claims figures for Incapacity Benefit, Severe Disablement Allowance and Industrial Injuries Disablement Benefit (IIDB)

YearIncapacity BenefitSevere Disablement AllowanceIndustrial Injuries Disablement Benefit
1996 to 19971,062,81788,65070,600
1997 to 19981,012,98148,82996,200
1998 to 1999930,00244,27273,200
1999 to 2000907,59746,92068,800
2000 to 2001873,49148,38675,400

Notes:

1. Figures for incapacity benefit and severe disablement allowance are taken from Central Data Unit 100 per cent counts.

2. Figures for industrial injuries disablement benefit (IIDB) are based on a 10 per cent sample and are rounded to the nearest hundred.

3. Figures are for the period 1 April to 31 March in each year shown.

4. Since 6 April 2001 new claims to severe disablement allowance are not accepted.

5. Some people who claimed severe disablement allowance may have been required to take a medical test before benefit could be paid but information is not available on the numbers involved.

6. People receiving IIDB are required to take a medical examination before benefit can be awarded, although IIDB can be disallowed without such an examination. Information is not available on the number of people who have been disallowed IIDB following a medical examination.

7. People who claim incapacity benefit are not required to take a medical test at the outset of a claim.


14 Sept 2001 : Column WA43

New claims and disallowances following a medical test for Disability Living Allowance

YearNew claimsNew claims disallowed following a medical test
1996 to 1997517,58894,182
1997 to 1998461,35992,168
1998 to 1999398,27777,817
1999 to 2000392,59986,954
2000 to 2001410,26991,465

Notes:

1. Figures are taken from 100 per cent Management Information System data.

2. Figures are for the period 1 April to 31 March in each year shown.


New claims and disallowances following a medical test for Attendance Allowance

YearNew claimsNew claims disallowed following a medical test
1996 to 1997460,99640,157
1997 to 1998412,25030,345
1998 to 1999414,01428,274
1999 to 2000395,16636,252
2000 to 2001408,26131,602

Notes:

1. Figures are taken from 100 per cent Management Information System data.

2. Figures are for the period 1 April to 31 March in each year shown.


Disability Living Allowance: Appeals and Withdrawals

Lord Morris of Manchester asked Her Majesty's Government:

    In how many cases the withdrawal of disability living allowance following medical examinations by

14 Sept 2001 : Column WA44

    the SEMA company, on behalf of the Benefits Agency, was reversed by appeal tribunals in the last full year for which figures are available.[HL569]

Baroness Hollis of Heigham: The information is not available, as statistics on the outcomes of appeals do not distinguish cases where the original decision appealed against was made following a medical examination.

Northern Ireland Human Rights Commission

Lord Laird asked Her Majesty's Government:

    What individuals or organisations requested the Northern Ireland Human Rights Commission to make its call of 18 July for the Chief Constable of the Royal Ulster Constabulary to stop using "plastic bullets".[HL570]

The Minister of State, Department for Transport, Local Government and the Regions (Lord Falconer of Thoroton): These are matters for the Northern Ireland Human Rights Commission. The Chief Commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Library.

Lord Laird asked Her Majesty's Government:

    Whether the Northern Ireland Human Rights Commission considered police regulations on the use of baton rounds before it made its call on 18 July for the Chief Constable of the Royal Ulster Constabulary to stop using "plastic bullets".[HL572]

Lord Falconer of Thoroton: These are matters for the Northern Ireland Human Rights Commission. The Chief Commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Library.

Lord Laird asked Her Majesty's Government:

    Whether the Northern Ireland Human Rights Commission has considered paragraphs 9.12 to 9.17 of the report of the independent commission on policing for Northern Ireland (the Patten report), where it is reported that overseas police officers would use live rounds if confronted with the circumstances of Northern Ireland.[HL573]

Lord Falconer of Thoroton: These are matters for the Northern Ireland Human Rights Commission. The Chief Commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Library.


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