HL Deb 22 July 1988 vol 499 cc1588-9

11.25 a.m.

Lord Henderson of Brompton asked Her Majesty's Government:

What progress has been made in the drafting of the regulations under the Social Security Act designed to ensure that young people not ready for youth training schemes are able to receive income support; and, in particular, what steps are being taken to make sure that young people designated while in school as having a moderate learning difficulty are clearly included in the definition of those who should benefit from the regulations.

The Earl of Arran

We are satisfied that the arrangements for 16 and 17-years-olds adequately cover those who cannot benefit from the YTS opportunities that are available. However, we will review the situation should experience prove that there is a problem with young people with moderate learning difficulties.

Lord Henderson of Brompton

My Lords, I thank the noble Earl for that moderately satisfactory reply. I ask him to review, not in the future, but immediately, after what he has heard at Question Time today, the regulations that are the subject of this Question. Is the noble Earl not aware that while I admire the work of the Department of Employment as regards including the handicapped in the YTS, the definition in these draft regulations is too restrictive? Is the noble Earl aware that those incapable of work or training are defined as suffering from, some disease or some bodily or mental disablement which is, unlikely to end within 12 months because of the severity of the disease or disablement. Does the noble Earl not agree that this definition is far too restrictive and cannot and should not cover those with moderate learning difficulties? Would the noble Earl kindly ensure that the draft regulations are amended to cover those with moderate learning difficulties who should benefit under the scheme?

The Earl of Arran

My Lords, if the forthcoming legislation reveals groups that are out on a limb, as I have already said, that situation will be kept under constant review. The YTS is open to all young people judged to he eventually capable of obtaining employment. A YTS place is guaranteed to all eligible young people with disabilities including those with moderate or severe learning difficulties if they want a place. Therefore, the YTS is able to help young people who are not yet capable of work. Special provisions are made to enable disabled young people to profit from the YTS.

Baroness Turner of Camden

My Lords, is the Minister aware that there is already a great deal of concern about the possibility of young people being conscripted into the YTS because of lack of financial support'? Does the noble Earl not agree that it is even more disturbing if young people with learning difficulties are similarly treated? Does he not further agree that it would be to the advantage of the public and the taxpayer generally to ensure that such persons had income support until they were able properly to benefit from a YTS place?

The Earl of Arran

My Lords, I am aware of the point that the noble Baroness makes. Benefit is now paid and will continue to be paid to young people continuing in full-time education, where a young person is severely mentally or physically handicapped as a result of which he is unlikely to obtain work within the next 12 months and in certain other circumstances. I have those details before me which I can reveal to the noble Baroness if she so requires.

Lord Hayter

My Lords, does the Minister realise that we are not talking about young people with mental disability, to quote the draft regulations, but about those with moderate learning difficulties? Would it not be much more appropriate for them to be interviewed, not by a medical practitioner, but by a careers officer?

The Earl of Arran

My Lords, it is the normal practice for a medical practitioner to carry out the interview. It has been the practice for many years that medical evidence of incapacity is normally required for the purpose of obtaining invalidity benefit though it is the independent adjudication officer who decides what is acceptable evidence. A doctor is best placed to give an opinion on incapacity for work.