HC Deb 13 May 1963 vol 677 cc945-7
41. Mr. Kelley

asked the Minister of Pensions and National Insurance if he will introduce amending legislation to enable a man who is separated from his wife and paying a weekly sum of 40s. towards her maintenance to be paid an adult dependant's allowance when he is in receipt of sickness or unemployment benefit.

Mr. N. Macpherson

No, Sir. I do not consider that a man who is separated from his wife should receive an allowance for her as his dependant unless he is contributing towards her maintenance at least as much as the standard weekly rate of the allowance, which is now 41s. 6d.

Mr. Kelley

Is the right hon. Gentleman aware that one of my constituents up to 7th April this year who was on sickness benefit and paying 40s. per week towards his wife's maintenance on a court order was receiving 35s. as his adult dependant's allowance of this sickness benefit, and after the increase in the adult dependant's allowance of 41s. 6d. this payment ceased, leaving him 35s. a week worse off? Does the right hon. Gentleman not think that this is an anomalous situation which in many cases makes the whole position almost farcical? Will not he consider amending the appropriate Section of the Act?

Mr. Macpherson

I am aware of the case to which the hon. Gentleman refers. It is before the appeal tribunal at the present time, and I cannot comment on it, but I understand that the position is that before the change in the rates of benefits it was possible for the man to make his contribution of 35s. There is a court order involved in this case and as Minister I have nothing to do with that order. All I can do is to make certain that the particular requirements of the National Insurance Act are complied with, and that means in this case that the man should at least be contributing as much to his wife as the standard weekly rate of increase. After that, he can, if he falls out of employment, receive dependant's allowance.

Mr. Mitchison

Do not these cases want looking at where the difference is very small between two amounts, and whether it is a case of amending legislation or of further regulations, would not the Minister feel these people who are just near the appropriate rate get a rather fairer deal than they seem to be getting at present?

Mr. Macpherson

It is really a question here of drawing a line, and wherever it is drawn there will be some objection from some quarter. The present proposition does not seem unreasonable. If a person is to receive a dependency allowance he should be contributing, while he is in employment, at least its amount towards his wife with whom he is not living.

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