The Independent Living Fund (Hansard, 17 May 1988)

§ The Parliamentary Under-Secretary of State, Department of Health and Social Security (Lord Skelmersdale)
My Lords, the fund's eligibility criteria were announced on 31st March. The trust deed is in the final stages of preparation and will be sent to the Charity Commissioners for registration imminently. We hope that the fund will be formally constituted within a few weeks. An announcement will of course be made when that has been achieved.

§ Lord Carter
My Lords, I thank the Minister for that reply. Does he not agree that this is a very unsatisfactory situation? The Government have been warned virtually since 1985, when they first produced the Green Paper on social security reform, of the problems of the severely disabled, and in February last they finally announced the proposal for the Independent Living Fund. It was supposed to have been in action since 11th April, but here we are in May and we still do not know when this fund is to start operating. Will the Minister tell the House whether the severely disabled people who would have been eligible for grants from 11th April—and who, incidentally, will receive a lot less in benefit under the new Act than they would have done before 11th April, and are relying on this fund to make up the difference—

Noble Lords
Order! Too long!

§ Lord Carter
My Lords, will the Minister tell the House whether those disabled persons are being helped and, if so, how?

§ Lord Skelmersdale
No, my Lords, I do not accept that this is an unsatisfactory situation. The Government recognised that after 11th April there would be a small number of newly severely disabled people who would fit into the categories and who would not receive the same pro rata amount of benefit from the social security changes as they would have done had they become disabled before that date.
The interim arrangements for the fund might interest the noble Lord. The number of application forms sent out to named individuals was 102, and the number of completed application forms so far returned is 48. A number of social worker visits to the applicants have been arranged, and two reports have been received from them. That is the information as of last night. Moreover, we have now authorised the first payments under the interim arrangements, which will be back-dated to 11th April.

Lord Campbell of Croy
My Lords, is my noble friend aware that this is a very responsible and heavy task for the Disablement Income Group, which I helped to found in the mid-1960s? While the group is to be congratulated on having accepted it, is my noble friend satisfied that it has the framework of organisation to deal with applications without assistance, and also set up any appeal system that may be necessary?

§ Lord Skelmersdale
My Lords, I of course pay great tribute to my noble friend for his involvement in setting up the Disablement Income Group. However, I have to say that the scheme will not be run by it. The trust will be totally independent. The DIG's role is to be involved in setting up the trust, and we are extremely grateful to that organisation for its advice in so doing. There will of course be DIG-nominated trustees, but the day-to-day administration will be carried out by the trust fund's executive arm.
As regards appeals, I have no doubt that although the day-to-day management will be carried out by the executive arm the trustees will not only want to review but will need to review some of the applications. Certainly they will need to review the interim awards, which, as I said, have commenced.

§ Lord Molloy
My Lords, is the Minister aware that various groups such as the Disabled Drivers Association, with which I am associated, and the Disablement Income Group believe that much help could be forthcoming from a source which is not immediately recognisable and which may not be within their writ; namely, the Health Visitors Association? That organisation is extremely well-informed about these matters and can give much advice arising from their professional activities as nurses. Will it be possible for the Minister to consult Mrs. Shirley Goodwin, the general secretary of the HVA, who would be only too pleased, I am sure, to help in any way that she can?

§ Lord Skelmersdale
My Lords, naturally I shall consider this. We held informal discussions with a number of organisations, including the Disablement Income Group, when we were thinking about this scheme and about how the problem might best be resolved. During the course of these discussions DIG offered to assist in setting up the fund and we were delighted to accept its offer.

§ Lord Allen of Abbeydale
My Lords, has the Minister seen the very complicated and formidable form which would-be applicants have to fill in if they succeed in discovering the existence of this fund? It is not surprising that fewer than half have been received. Is not such a complicated form in itself a deterrent, and could not the trustees be encouraged to think of something a little simpler?

§ Lord Skelmersdale
My Lords, yes. I accept that with all social security and allied benefit application forms there is a vast range of questions that are sometimes rather complicated to answer. There is a well-tried procedure for help with filling out such forms from social security offices. As regards publicising the fund, the 102 people to whom I referred have clearly been able to make contact with 182 the interim set-up. It may help the noble Lord if I say that in the first instance people should apply by letter to Room 520, New Court, Carey Street, London WC2, where officials of the department will assess them, with the help of professional advice from social workers.

§ Lord Banks
My Lords, is it correct that the Independent Living Fund is a temporary measure? If that is so, how long do the Government envisage that the temporary period will last? What do they have in mind to replace it on a permanent basis?

§ Lord Skelmersdale
My Lords, since we have only recently set the fund up, it is a little early to talk about replacement. However, I confirm that it is temporary and we anticipate that its time limit will be between three and five years.

§ Baroness Jeger
My Lords, can the noble Lord confirm that, in view of the slowness that we all appreciate we have to suffer from the lawyers, there will be back pay for people whose payments are delayed? Can he also tell the House a little more about the status of the trustees? I know that he cannot name them yet, but will there be an honorarium for them'? Can the Minister also say something further about the executive arm to which he referred? Will it be comprised of civil servants, and how will they be recruited and paid? I ask these questions because there is a genuine interest on all sides of the House in the success of this fund.

§ Lord Skelmersdale
My Lords, yes, the payments will be back-dated to the appropriate time. As regards the case to which I have just referred, that occurred on 11th April, but if someone becomes disabled on 13th May it will be necessary to backdate until then. I can certainly confirm that this will be done. With regard to the arrangements for the trustees, that will be a matter for them when they are appointed.

Lord Winstanley
My Lords, can the Minister confirm whether it is true, as has been reported, that, if a severely disabled person employs someone living in for the sole purpose of enabling the disabled person to live independently and if that employee subsequently has to pay the community charge, the fund will regard such an arrangement as a legitimate ground for a claim? If that is true, will he assure the House that adequate funds will be made available for that laudable purpose?

§ Lord Skelmersdale
My Lords, that is a rather hypothetical question and it will depend upon the precise details of each case. As I have understood the noble Lord's question, there is no earthly reason why application to the fund should not be made in such a case. Whether that fits in with their criteria will be for the trustees to decide.

§ Lord Carter
My Lords, would the Minister be kind enough to give a date when he expects the Independent Living Fund to be in operation?

§ Lord Skelmersdale
My Lords, no. With the best will in the world, and knowing the speed of lawyers and the Charity Commission, though I expect them to action this with as much speed as conceivably possible, I am unable to give a date.