HC Deb 30 November 1978 vol 959 cc296-8W
Mr. Patrick Jenkin

asked the Secretary of State for Social Services what action he proposes to take with regard to the household duties test for disabled housewives; and if he will give an undertaking that no housewife will have non-contributor invalidity pension taken away from her under the Social Security (Non-Contributory Invalidity Pension) Amendment Regulations 1978 (S.I., 1978, No. 1340), dated 12th September 1978, until Parliament has had a chance to debate the issue in Government time and vote on it.

Mr. Ennals:

I have decided to refer to the National Insurance Advisory Committee for consideration and advice under section 138(3) of the Social Security Act 1975 the following question: Taking into account the implications for cost and manpower (including medical manpower), and the decision of the Tribunal of National Insurance Commissioners dated 8th September 1978 (C55/78) to consider, in relation to housewives non-contributory invalidity pension, alternative ways of using the power conferred by Section 36(7) of the Social Security Act 1975 to prescribe the circumstances in which of performing normal household duties; and a woman is or is not to be treated as incapable to report.

Such a reference will enable the issues to be fully discussed, and provide an opportunity for those who have a concern in this field to give evidence to an independent body whose conclusion will of course be made available in a published report which can then be debated in the House.

Decisions on national insurance claims are given by independent adjudicating authorities. Our intention in amending the regulations in September was to provide in statutory form the same test of incapacity for household duties as had been applied by the adjudicating authorities by means of case law in over 60,000 cases before the tribunal of commissioners gave its decision. It seems unlikely therefore that the application of the new regulation would itself result in the disallowance of any claim on which an award had been made before the tribunal decision was given. If, however, before Parliament has had a chance to debate the NIAC report a disallowance is imposed on such a claim, solely because of the amendment

Weekly Tax Refund
Tax paid at 25 per cent, only Tax paid at25 per cent, plus33 per cent.
Family type £ £
Single person 4.75 7.60
Married couple 7.40 11.05
Married couple plus one child aged 3 7.90 11.70
Married couple plus 2 children aged 4 and 6 8.35 12.35
Married couple plus 3 children aged 3, 8 and 12 9.00 13.20
Married couple plus 4 children aged 3, 8, 11 and 16 9.80 14.25

Receipt of tax refunds may affect entitlement to free school meals but is unlikely to affect any other means-tested benefit. Figures are not readily available to the regulation, the Government will take steps to ensure that the housewife does not lose benefit.