HC Deb 28 February 1977 vol 927 cc51-2W
Mr. Ovenden

asked the Secretary of State for Social Services if he will list the provisions contained in Acts of Parliament, regulations or rules which are the responsibility of his Department and which afford unequal treatment between an illegitimate and a legitimate child or between the parent of a legitimate child and the parent of an illegitimate child.

Mr. Orme

None of the provisions in the legislation for which my Department is responsible is designed to discriminate against an illegitimate child or the parent of an illegitimate child. But the benefit schemes—e.g., widows' benefits—inevitably reflect the legal status and responsibilities of marriage, and this can lead to differences of treatment. Specific examples are as followsThe Family Allowances Act 1965, Section 17(2) and (5), repealed from 4th April by the Child Benefit Act 1975. The Social Security Act 1975, Sections 25, 31, 70(3), 71 and 73. The Guardian's Allowance Regulations SI 1975 No. 515 (regulation 3).

If my hon. Friend has any particular case or provision in mind I should be glad to have a look at it.

Mrs. Chalker

asked the Secretary of State for Social Services what financial effect the child benefit scheme will have on the payment of special allowances for children of (a) widows, (b) invalids and (c) retirement pensioners.

Mr. Orme

All these beneficiaries will receive £1 a week less by way of dependency benefit for their only or eldest child to take account of the child benefit of £1 a week which will be paid for that child, and their total benefit income will thus remain the same. As regards their tax position, the arrangements announced by my right hon. Friend the Chief Secretary to the Treasury on 16th November—[Vol. 919, c.504.]—will ensure that widows and retirement pensioners, whose pensions are taxable, will be no worse off if they are liable to tax on other income. Special arrangements of this kind have not been made for invalidity pensioners, whose national insurance benefit is tax free.