HC Deb 10 May 1976 vol 911 cc68-9W
Mr. Gould

asked the Secretary of State for Social Services whether he proposes to take any action in the light of the decision in R. v. National Insurance Commission ex parte the Secretary of State for Social Services, and to take account of related criticisms made of the operation of the attendance allowance.

Mr. Alfred Morris

It is assumed that my hon. Friend is referring to the judgment given by the Divisional Court of the Queen's Bench Division on 4th July 1974, and included as an appendix to the published National Insurance Commissioner's Decision R(A)4/74. The judgment was concerned primarily with the meaning of the word "night" in the context of the medical conditions for attendance allowance. The Divisional Court's judgment has been taken into account by the National Insurance Commissioners and the Attendance Allowance Board in their consideration of subsequent cases involving this point. If my hon. Friend has any particular problem in mind, perhaps he will let me know so that I can do whatever is possible to help.