HC Deb 10 December 1974 vol 883 cc220-1
9. Mr. Hooley

asked the Secretary of State for Social Services what is her Department's definition of cohabitation as it affects social benefits.

The Minister of State, Department of Health and Social Security (Mr. Brian O'Malley)

What has to be decided is whether the relationship between a man and a woman who live together is such that they are to be regarded as living as man and wife.

Mr. Hooley

Is my hon. Friend aware that the application of this rule is causing great bitterness and hardship in many cases? Can he make clear to social security staff that their only concern is whether there is financial support between one person and the other and that the personal and emotional relationships between two people are no business of theirs at all?

Mr. O'Malley

I am aware of the concern which exists in some quarters regarding the cohabitation rule. It is for that reason that my right hon. Friend the Secretary of State has referred the whole question of the cohabitation rule to the Supplementary Benefits Commission, which is now considering it.

Mr. Norman Lamont

Will the hon. Gentleman ensure that all documents giving advice to officials in DHSS offices regarding the criteria they should use in arbitrating on this matter will be published? Surely no secrecy is justified in this matter.

Mr. O'Malley

There is no secret about what the criteria are. The Supplementary Benefits Commission has published in its handbook some of the major considerations which are taken into account when a decision has to be made on the cohabitation rule. What I think the House would regard as significant and helpful is that my right hon. Friend the Secretary of State has not only understood and listened to the complaints made about the cohabitation rule, both in the last Parliament and in this Parliament, but has acted on the matter and has referred the question for detailed and thorough examination by the Supplementary Benefits Commission.

Mr. Leadbitter

Is my hon. Friend aware that this matter has gone on in this House for far too long and that common sense tells us that this is an irritant? Is it not the case that the rule does not apply the other way round to men? Cannot he give an assurance, in spite of the fact that this matter has been referred to the Supplementary Benefits Commission that there is determination by his Department to get rid of this obnoxious scheme as soon as possible?

Mr. O'Malley

My hon. Friend is right in saying that there has been concern in the House for some years about the operation of the cohabitation rule, but until my right hon. Friend became Secretary of State nothing was done about it. The present Government have acted and have referred the whole matter to the Supplementary Benefits Commission. I am sure that the whole House will accept that it would clearly be foolish to come to any conclusions before we have the detailed report of the commission's consideration of the matter.

Sir G. Howe

While that reference is taking place, are not the Government prepared to act on the recommendations of the Finer Committee, following on those of the Fisher Committee, to the effect that where a woman has been drawing benefit for an established period and denies the facts upon which it is to be withdrawn, the benefit should remain in payment until the matter has been considered by a tribunal?

Mr. O'Malley

My right hon. Friend the Secretary of State has already made a statement about the Finer Committee. No doubt the House will return to that at some future date. With respect to the right hon. and learned Gentleman, it is sensible that the whole question of the cohabitation rule should be considered when we have the detailed report of the Supplementary Benefits Commission.