§ Mr. MaddenTo ask the Secretary of State for Social Security what discretion local Benefits Agency staff have to authorise benefit payment to British citizens returning to the United Kingdom who are appealing against decisions to withhold benefit under the habitual residence test; are such British citizens and those guaranteed indefinite leave to remain in the United Kingdom eligible to apply for crisis payments; what benefits such people are eligible to apply for; and if he will list those publications published by his Department which give advice on such benefit eligibility.
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§ Mr. Roger EvansAdjudication officers do not have discretion to authorise benefit payments pending an appeal. British citizens who fail the habitual residence test may apply for a social fund crisis loan if, in an emergency or as a consequence of a disaster, they face serious risk to health and safety, and payment of a crisis loan is the only way of alleviating the situation.
Eligibility for other benefits will depend on a person's individual circumstances. There is a wide range of information leaflets covering eligibility for benefits, all of which are available free of charge from local offices of the Benefits Agency.
§ Mr. MaddenTo ask the Secretary of State for Social Security what instructions he has issued to Benefits Agency local staff about the application to British citizens returning to the United Kingdom of the habitual residence test; and what is his assessment of the numbers of such British citizens who have, to date, been refused benefit under the habitual residence test.
§ Mr. Roger EvansNo special guidance has been issued about British citizens. In the first three months of the test's operation, 1,053 initial decisions on British citizens have been negative, representing 13 per cent. of the British citizens who were asked about their habitual residence.
§ Mr. MaddenTo ask the Secretary of State for Social Security when he intends to reply to the letter, dated 18 November, from Jane Hughes, deptuy manager, and Rubina Burhan, Asian advice worker, of Bradford citizens advice bureau, concerning the habitual residence test; and if he will make a statement.
§ Mr. Roger EvansI sent a reply on 2 December 1994.
§ Mr. MaddenTo ask the Secretary of State for Social Security what action he is taking to review the implementation of the habitual residence test, with particular reference to the effects on British citizens and their dependents, especially children; what representations he has received on these matters; and if he will make a statement.
§ Mr. Roger EvansAll policy changes are kept under review. I have received a number of letters from Members of Parliament and the public about the test.