HC Deb 30 June 1981 vol 7 cc367-8W
Mr. Freud

asked the Secretary of State for Social Services (1) whether he will state in the Official Report the guidance which is given to Department of Health and Social Security benefit offices when assessing a case involving the voluntary disposal of assets by a claimant such that those assets are reduced to less than £2,000.

(2) whether he will list in the Official Report the current regulations concerning the payment of supplementary benefit to claimants where the disposal of (a) capital and (b) other assets has qualified such a person for (i) a higher rate of benefit and (ii) an intitial payments of benefit.

(3) whether he will state in the Official Report the guidance given by staff of his Department to benefit claimants to apprise them of the existing regulations concerning the disposal of (a) capital and (b) other assets; and whether he will make a statement.

Mrs. Chalker

The regulations which provide for the treatment of capital resources are regulations (5)-(8) of the Supplementary Benefit (Resources) Regulations 1980, as amended. In addition, regulation 4(1) of those regulations provides that any resource of which a person has deprived himself for the purpose of securing supplementary benefit, or increasing the amount of any such benefit, may be treated as if it were still possessed by him. The application of these regulations in particular cases is for the independent adjudicating authorities, the benefit officer in the first instance. Guidance to benefit officers, including guidance on the basis on which they should advise claimants, is the responsibility of the Chief Supplementary Benefit Officer. Guidance on the Act and regulations is contained in the S manual, which it is hoped to publish around the end of the year, and in memoranda issued by the Chief Supplementary Benefit Officer; I understand that he will be publishing a memorandum of guidance on these regulations in about a month's time. Copies of this guidance, as of his memoranda on other subjects, will be placed when published in the Library of the House.