HL Deb 28 June 1994 vol 556 cc726-8

4 Clause 2, page 3, line 5, at end insert: ("(3A) In the case of a person who has been entitled to short-term incapacity benefit for 196 days or more in any period of incapacity for work and is terminally ill, or, if he is in receipt of the higher rate of the care component of disability living allowance, the weekly rate of short-term incapacity benefit payable, if greater than the rate otherwise payable to him under subsection (2) or (3) above, shall be equal to the rate at which long-term incapacity benefit under section 30A above would be payable to him if he were entitled to it.

For the purposes of this subsection a person is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months. (3B) References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable to any person who has been entitled to that benefit for 196 days or more in a period of incapacity for work, notwithstanding that the rate of benefit is determined in accordance with subsection (3) or (3A) above.") The Commons agreed to this amendment with the following amendments to it:

4A Line4, after 'and' insert '—(a)'.

4B Line 4, leave out from 'or' to 'rate' and insert '(b) he is entitled to the highest'.

Viscount Astor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 4A and 4B to Lords Amendment No. 4 en bloc.

At Third Reading my noble friend Lord Swinfen persuaded your Lordships to accept an amendment the intention of which was to bring forward the payment of the long-term rate of incapacity benefit to the 29th week of incapacity in cases where the claimant was in receipt of the highest care component of the disability living allowance. This mirrored the arrangements brought forward by the Government in Committee in respect of the terminally ill. We believe that 52 weeks is an appropriate qualifying period for the highest rate of benefit.

Incapacity benefit is an income replacement benefit intended to provide a basic level of income which increases with the duration of the incapacity. This reflects the fact that other resources exhaust over time. It is not intended to compensate for the severity of the condition. To do so would duplicate provision, as there are other benefits designed to meet extra needs, most notably disability living allowance.

The Government recognise that those who have proposed the DLA element of Amendment No. 4—and they come from all sides of the House—have been motivated by the desire to give help to the most severely disabled. The Government have considerable sympathy with the desire to help the severely disabled. My right honourable friend announced at the Commons consideration of Lords amendments that the Government were prepared to accept the amendment.

The two Commons amendments before your Lordships today are minor technical amendments to Amendment No. 4. Their purpose is to clarify the intention behind my noble friend's amendment. Amendment No. 4A removes redundant words from the text of the Bill. Amendment No. 4B replaces "higher" with "highest", the correct legal definition of the maximum rate of the DLA care component. The Government's acceptance of my noble friend's original amendment has been widely welcomed outside the House. I hope that the House will feel able to agree these two further technical amendments today.

My noble friend Lord Swinfen is here this evening. He did say that he would not be here, and I was about to say that he welcomed the amendment. As he is here, I shall leave him to say that.

Moved, That the House do agree with the Commons in their Amendments Nos. 4A and 4B to Lords Amendment No. 4.—(Viscount Astor).

Lord Swinfen

My Lords, I do indeed welcome these technical amendments to my amendment. I misled my noble friend. I did not believe that I would be able to be here this evening, but I have managed to get here from sunny Norwich.

I thank the Government for improving the wording of this amendment; and perhaps I may take the opportunity to thank them for not turning down the other amendment that the House agreed to on a Division. I had an uncomfortable feeling, having been warned by my noble friend that if I got a second amendment through anything else that I got through would be thrown out. He must have been working extremely hard to persuade his right honourable friend the Secretary of State that it was not worth his while trying.

Earl Russell

My Lords, I too should like to join in the thanks for the acceptance of both amendments, which is very welcome. I thank the Minister for the part which I imagine he has played in it.

I must admit that I thought his language about the significance of the amendments was just a little bit grudging. It reminds me, not for the first time when the Commons have accepted one of our amendments, of the story about Cecil Rhodes's former servant. He was asked whether his master drank. He replied, "Boss, what was left next morning in the second bottle of whisky was no more than I was allowed to drink". Similarly, I think that what is left in the amendment is no more than we are allowed to keep, but I am very glad to keep it.

Baroness Darcy (de Knayth)

My Lords, briefly I welcome the amendments. I thank the Minister and Government and pay tribute to the noble Lord, Lord Swinfen, for his persistence.

Baroness Hollis of Heigham

My Lords, obviously we on these Benches are delighted that the other place accepted the amendments so ably and persuasively moved by the noble Lord, Lord Swinfen, on behalf of what might perhaps be termed an alliance around the House. It must always be tempered with regret that many other groups of disabled people, in our view perhaps as meritorious, will not get the benefits that they should. But that may have to await another Bill.

Viscount Astor

My Lords, I am grateful to all noble Lords who have spoken. The only point I would make to the noble Earl, Lord Russell, is that I hope that he will not think the Government's acceptance of the amendment grudging. I must compliment my noble friend Lord Swinfen on the fact that by his persistence and persuasion he managed to get your Lordships' House to accept his amendments. Another place considered both his amendments and accepted them. The Commons amendments are technical amendments.

Viscount Goschen

My Lords, I beg to move that the House do now adjourn during pleasure until 8.55 p.m.

[The Sitting was suspended from 8.1 to 8.55 p.m. ]