§ Mr. Whiteheadasked the Secretary of State for Social Services if he will make a statement about the decision by the Chief National Insurance Commissioner on the appeal from a haemodialysis patient for attendance allowance.
§ Mr. EnnalsThe chief commissioner decided that the decision given on behalf of the Attendance Allowance Board was not erroneous in law. This means that the rejection of the claim for attendance allowance stands.
The Government have been considering the implications of this decision and the conditions for the award of attendance allowance generally. We have concluded that it is unsatisfactory for payment for attendance allowance to people dialysing at home to be so heavily dependent upon the precise pattern of dialysis.
Under the law as it now stands, many people who dialyse in hospital, and who have no significant attendance needs at home, qualify for the allowance. This was not foreseen when the attendance allowance was introduced. Nor was the allowance intended in such cases.
We have therefore decided to make it clear beyond any doubt that people dialysing at home should in general qualify for attendance allowance, but that people who attend hospitals for dialysis and who have no significant attendance needs at home, do not qualify. To achieve this will require amendments 823W to the Social Security Act 1975. We shall bring proposals for this before the House as soon as possible.