HC Deb 18 October 1982 vol 29 cc144-5
Mr. Kenneth Clarke

I beg to move amendment No. 76 in page 10, line 18, after 'last', insert 'ordinarily'.

Mr. Deputy Speaker

With this it will be convenient to take Government amendment No. 75.

Mr. Clarke

This amendment makes technical changes to the amendment to clause 14 moved successfully by the hon. Member for Birmingham, Stechford (Mr. Davis). It follows a defeat that the Government suffered at the hands of the hon. Gentleman and his right hon. and hon. Friends assisted by a number of my hon. Friends. The Government have accepted the judgment of the Committee. As hon. Members understood at the time, the drafting was to some extent defective. These drafting amendments make sure that the Bill has the effect that was intended by the majority of the Committee.

Mr. Terry Davis

I rise only to express my appreciation of the Government's redrafting. As the Minister says, the Government suffered a defeat in Committee. I appreciate the manner in which they have taken their punishment and tabled these amendments. I understand that they give effect to the intentions of the Committee. The word "cohabitee", an ugly word that I do not much like, is dropped. It appeared only because of its common use in the Department of Health and Social Security. I understand that it is not employed to the same extent by parliamentary draftsmen. I am delighted. I wish that all references to cohabitees could be removed from other areas of social security and health legislation. We are grateful for the manner in which the Minister has handled the issue. I express my personal appreciation.

Amendment agreed to.

Amendment made:

No. 75 in page 10, line 31, leave out subsections (5) and (6) and insert— '(5) After subsection (6) there shall be inserted— (7) A person, other than a relative, with whom the patient ordinarily resides (or, if the patient is for the time being an in-patient in a hospital, last ordinarily resided before he was admitted), and with whom he has or had been ordinarily residing for a period of not less than five years, shall be treated for the purposes of this Part of this Act as if he were a relative but—

  1. (a)shall be treated for the purposes of subsection (3) of this section as if mentioned last in subsection (1) of this section; and
  2. (b)shall not be treated by virtue of this subsection as the nearest relative of a married patient unless the husband or wife of the patient is disregarded by virtue of paragraph(b)of subsection (4) of this section.". '.—[ Mr. Kenneth Clarke.]

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