§ Mr. WigleyTo ask the Secretary of State for Social Security how many representations he has received from hon. Members with regard to constituents who had been awarded disability benefit for life but have subsequently had it withdrawn or downgraded; and if he will make a statement. [121927]
§ Mr. BayleyPrior to 12 January 2000 the legislation that applied to Disability Living Allowance (DLA) allowed awards to be made for life or for a limited period. Although some awards were therefore given "for life", this terminology was misleading because the law has always allowed for awards of DLA to be altered where, for example:
- (a) a person's care or mobility needs had increased or reduced;
- (b) there had either been a mistake, or ignorance regarding the relevant facts; or
- (c) there had been an error of law.
These rules are the same as those that apply to changes of almost all Social Security benefits. However the "life award" terminology in DLA was in this respect anomalous and created uncertainty. As a result, many representations were received from hon. Members on behalf of constituents who had been given life awards which were subsequently withdrawn or downgraded.
To help clarify the nature of these awards, references to awards made for life were removed from the legislation by the Welfare Reform and Pensions Act 1999, and replaced with the words "indefinite award". 43W This made the language used consistent with that which applies to other benefits. This change was welcomed by the Social Security Select Committee in its third report of the 1998–99 session.
Although the terminology has been changed to help clarify the situation, indefinite awards are made in the same circumstances in which a life award would previously be made. The rules that apply when an indefinite award is altered are the same that applied to life awards.