HC Deb 02 May 1984 vol 59 cc505-6
Mr. Kenneth Clarke

I beg to move amendment No. 73, in page 25, line 32, at end insert—

'(aa) for a person whose resources fall to be treated under the regulations as being less than his requirements;'.

Mr. Deputy Speaker (Mr. Harold Walker)

With this it will be convenient to take the following amendments:

No. 74, in page 25, line 32, at end insert—

'(aa) a person liable to be detained under the Mental Health Act 1983 or received into guardianship under that Act; or'. Government amendments Nos. 75, 76 and 77.

Mr. Clarke

Government amendment No. 73 honours a commitment that we made in Committee. Amendment No. 75 is a technical drafting amendment.

Mr. Meadowcroft

Amendment No. 74 endeavours to tidy up a point, which should be considered, that some of those liable to be detained under the Mental Health Act 1983 or received into guardianship under that Act are either unable to go out to visit an optician or are in a similar legal position to a child. Therefore, it seemed appropriate and fair that the Government should retain the duty to meet their needs.

Mr. Clarke

Hospital inpatients, including those detained against their will in mental hospitals, will continue to get free glasses when the Bill is enacted. I am happy to clear up that point. The amendments are necessary to remove any obscurity.

Those placed under the guardianship of local authorities do not get free glasses on that ground alone. They never have, and will get free glasses only if, as in most cases, they are children or qualify on low-income grounds. There are a few other cases in which they will not get free glasses. They are exceptional, and I do not think that they should bother the hon. Gentleman. I hope that I have answered his main query to his satisfaction.

Amendment agreed to.

Amendments made: No. 75, in page 25, line 38, at end insert—

'(2A) Regulations under this paragraph may direct how a person's resources and requirements are to be calculated and, without prejudice to the generality of this subparagraph, may direct that they shall be calculated

  1. (a) by reference—
    1. (i) to any enactment; or
    2. (ii) to the person's being or having been entitled to payments under any enactment,
    either as it has effect at the time when the regulations are made or as amended subsequently; or
  2. (b) by reference to a scale or an index or to any other data either in the form current when the regulations are made or in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.'.
No. 76, in page 27, line 4, at end insert

'(aa) for a person whose resources fall to be treated under the regulations as being less than his requirements;'. No. 77, in page 27, line 10, at end insert—

'(2A) Regulations under this paragraph may direct how a person's resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—

  1. (a) by reference—
    1. (i) to any enactment; or
    2. (ii) to the person's being or having been entitled to payments under any enactment,
    either as it has effect at the time when the regulations are made or as amended subsequently; or
  2. (b) by reference to a scale or an index or to any other data either in the form current when the regulations are made or in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.'.—[Mr. Kenneth Clarke.]

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