HC Deb 17 May 1993 vol 225 cc73-5W
Mr. Frank Field

To ask the Secretary of State for Social Security (1) if he will list the different instances of discrimination between men and women for social security benefit purposes; and to what extent each instance is necessarily linked to the difference in retirement ages;

Benefit Issue Women Men
Unemployment Benefit Maximum age for receipt Age 65 Age 70
Age at which benefit rate changes to retirement pension rate Age 60 Age 65
Sickness Benefit Maximum age for receipt Age 65 Age 70
Age at which benefit rate changes to retirement pension basis Age 60 Age 65
Invalidity Benefit Maximum age of receipt Age 65 Age 70
Age at which benefit rate changes to retirement pension rate Age 60 Age 65
Invalidity Allowance and Invalidity Addition to Retirement Pension Maximum age for onset of incapacity for acquiring entitlement to lower rate Below age 55 Below age 60
State Maternity Allowance, Statutory Maternity Pay, Social Fund Payments to meet Maternity Expenses Conditions of Entitlement Entitlement where statutory conditions satisfied No entitlement in respect of paternity
Widows Payment, Widowed Mothers Allowance, Widows Pension Condition of Entitlement Entitlement where statutory conditions satisfied No equivalent entitlement for widowers
Category A Retirement Pension Minimum age of Entitlement Age 60 Age 65
Maximum age until which an individual may defer pension to receive increments Age 65 Age 70
Working life for calculation of pension rate 44 years 49 years
Category B Retirement Pension Conditions of Entitlement Age 60 and over and (i) Married at 60 to husband who is entitled to Category A Retirement Pension, or Aged 65 and over and widowed over 65, late wife was over 60 when she died and satisfied conditions for Category A Retirement
(ii) Married after age 60 to husband who is entitled to Category A Retirement pension, or Pension
(iii) Widowed after age 60 and late husband satisfied contribution condition for Category A Retirement pension, or
(iv) Widowed before aged 60 and entitled to Widow's Pensions in consequence of late husband's death
Graduated Retirement Benefit Minimum age of Entitlement Age 60 Age 65
Amount of Graduated Contributions paid to obtain one Graduated Retirement Benefit Unit £9.00 £7.50

(2) what plans he has to change the rules relating to men and women's rights to defer entitlement to a retirement pension so that there is no discrimination between sexes; and what account he is taking of the decision of the social security appeal tribunal in Birkenhead on 6 April relating to the link between retirement ages and discrimination.

Mr. Widdecombe

I refer the hon. Member to my reply to him 0n 22 April at cols239–40. The different instances of discrimination are as follows:

Benefit Issue Women Men
Severe Disablement Allowance1 Upper age for establishing entitlement Age 60 Age 65
Age at which payment can continue if the normal rules are no longer satisfied Age 65 Age 70
Invalid Care Allowance1 Upper age for establishing entitlement Age 60 Age 65
Age at which payment can continue if the normal entitlement rules are no longer satisfied Age 65 Age 70
Reduced Earnings Allowance (not payable in respect of industrial injuries on and from 1 October 1990) Transfer to Retirement Allowance, if claimant has given up regular employment Age 60 (except women 60 and over on 10 April 1989) Age 65 (except men 65 and over on 10 April 1989)
Income of Unemployment and Sickness Benefit for Child Dependant Claimant's age for entitlement Age 60 to 65 Age 65 to 70
Income of Category A Retirement Pension for Adult Dependant Entitlement for spouse where pensioner residing with spouse on contributing to maintenance of spouse subject to earnings maximum Increase for husband only if pensioner was entitled to an increase of Unemployment, Sickness or Invalidity Benefit immediately before commencement of Retirement Pension Entitlement No additional condition for increase for wife
Child Benefit Priority of Title Wife or Mother has priority over Husband or Father where it is necessary to decide Priority
Guardian's Allowance Priority of Title Wife has priority over Husband where it is necessary to determine Priority
Income Support, Housing Benefit, Council Tax Benefit Higher Pensioner Premium dependent upon Entitlement to Invalidity Benefit or Severe Disablement Allowance Subject to conditions for Entitlement to these Benefits (see above)
Carer Premium dependent upon Entitlement or underlying Entitlement to Invalid Care Allowance Subject to conditions for Entitlement to Invalid Care Allowance (see above)
Income Support Payability between ages 60 and 65 for claimants with no other income Paid in advance Paid in arrears
Disentitlement to students on full-time course of study Disentitlement ceases at age 60 Disentitlement ceases at age 65
1 Following the Court of Appeal's decision in Thomas and others the Secretary of State appealed to the House of Lords. A doubt existed as to the Secretary of State's power to suspend benefit. It was conceded that until a final decision was made on the cases, women claimants should be paid Severe Disablement Allowance and Invalid Care Allowance on the same basis as men. The European Court has now ruled on the substantive issues and has remitted the case back to the House of Lords for final determination.