HC Deb 15 December 1981 vol 15 cc108-10W
Mr. Greville Janner

asked the Secretary of State for Social Services how many and what percentage of applicants for benefits who have been required to sign his Department's form BF195 have agreed to do so; how many and what percentage of such applicants have refused to do so; and what steps have been taken in the cases of those who have refused.

Mrs. Chalker

I regret that the statistics are not available. If a claimant is unable to produce documentary proof of marriage and chooses not to give the appropriate details, whether by form BF195 or otherwise, the statutory authorities may not be able to accept that title to the benefit claimed has been proved. Any difficulty in completing the form should be discussed with the local office.

Mr. Greville Janner

asked the Secretary of State for Social Services how many persons have been required to fill in form BF195 specifying details of religious ceremony of marriage by his Department during each month since the form came into use or during periods in respect of which records are available.

Mrs. Chalker

It is regretted that the statistics requested are not available and could only be obtained at an unacceptable cost.

Mr. Greville Janner

asked the Secretary of State for Social Services what representations he has received regarding the use of BF195 for Asian couples; whether he has received any complaints from those asked to complete the form; and, if so, from how many.

Mrs. Chalker

Representations are occasionally received that the issue of form BF195 is discriminatory. It is, however, explained that, where title to benefit depends on there being a valid marriage, the need to provide proof applies to all claimants whether the marriage took place in the United Kingdom or elsewhere. Where the marriage took place outside the United Kingdom, form BF195 is intended to assist claimants by indicating the nature of the information that might help the statutory authorities to determine the question of marriage where that is material to benefit entitlement.

Mr. Greville Janner

asked the Secretary of State for Social Services how many prosecutions for giving false information on his Department's form BF195 have taken place; when, and with what results.

Mrs. Chalker

I regret that this information is not available.

Mr. Greville Janner

asked the Secretary of State for Social Services what forms other than BF195, which seeks details of religious ceremony of marriage, are issued by his Department to people seeking benefits.

Mrs. Chalker

As form BF195 is designed to cope with a wide variety of circumstances, other forms are not normally necessary, although separate enquiries on particular points may sometimes be appropriate.

Mr. Greville Janner

asked the Secretary of State for Social Services under what authority his Department requires applicants for supplementary pensions to fill in form BF195 supplying details of religious ceremony of marriage; and how long the form has been in use by his Department.

Mrs. Chalker

Where title to benefit depends on the claimant being married to the person on whose insurance the claim is based, the insurance officer will have to determine whether there is a valid marriage. In the absence of documentary proof, secondary evidence will need to be considered and form BF195 invites such information. Section 79(5) of the Social Security Act 1975, and the regulations made thereunder, provide for the request of such information.

The question of marriage does not normally arise in connection with a claim to supplementary pension. Form BF195 was introduced in 1971 for the assistance of claimants; before that the necessary information was obtained at an interview, a procedure that was found to be unsatisfactory.

Mr. Greville Janner

asked the Secretary of State for Social Services in what circumstances his Department requires persons to fill in details of religious ceremony of marriage on form BF195.

Mrs. Chalker

Where a claimant's title to benefit depends on marriage to the person on whose insurance the claim is based, and documentary proof of that marriage cannot be produced, the claimant is invited to provide details on from BF195 of the marriage where it was contracted outside the United Kingdom. The statutory authorities will then decide whether the marriage may be accepted for the purpose of the claim.

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