§ 4. Mr. TimmsTo ask the Secretary of State for Social Security what recent assessment his Department has made of the operation of the habitual residence test. [15740]
§ The Parliamentary Under-Secretary of State for Social Security (Mr. Roger Evans)Our monitoring of the habitual residence test confirms that it is succeeding in its primary purpose of narrowing access to benefit for people who have little or no recent commitment to the United Kingdom.
§ Mr. TimmsDoes the Minister agree that there are continuing problems with the operation of the test, not least with the inconsistent way that it is being applied by different offices? First, does he agree that benefits offices should be encouraged to work as closely as possible with advice agencies to ensure that people attending habitual residence interviews are well informed beforehand as to what they will be asked and how the questions will be presented? Secondly, has the Minister considered the possibility of helping to provide interpreters when interviewees do not speak good English?
§ Mr. EvansI am happy to say yes to both the hon. Gentleman's questions. As to the first, the welfare action 136 rights group in his area of Newham regularly meets the local Benefits Agency representatives to discuss those matters. We are aware of questions about whether the scheme is operating equally in different districts, and that matter has been examined.
Secondly, it is obviously important that interpreters should be provided for those people who require assistance as their command of English is not sufficient, and we shall look into that issue. If the hon. Gentleman has further constituency points to make on the matter, I shall be happy to address them. I have written today to the hon. Member for Newham, North-West (Mr. Banks), who has raised similar issues with me.
§ Mr. John MarshallWill my hon. Friend accept that the vast majority of taxpayers find it repugnant that individuals think that they can come to this country, present themselves at a social security office, and receive a cheque that is paid for by the British taxpayers, when those individuals have had no connection with this country for many years?
§ Mr. EvansMy hon. Friend is right. We face some difficulty because European Union nationals are entitled to come to this country and, as a matter of legal entitlement before we introduced the habitual residence test, receive the full range of income-related benefits. We introduced the test because it is the one thing that we are allowed to do under European law, and it is embodied in one of the earliest European Union directives, 408/71.