HC Deb 29 October 1981 vol 10 cc450-1W

Mrs. Renée Short asked the Secretary of State for Social Services whether there are any circumstances in which a person can be refused social security benefits on the grounds that they cannot speak English sufficiently; and if he will make a statement.

Mrs. Chalker: It is not a specific condition of entitlement to any social security benefit that the claimant should be able to speak English.

However, persons claiming unemployment benefit are required to be available for work. Similarly, under section 5 of the Supplementary Benefits Act 1976 persons claiming that benefit who are of working age—with certain exceptions prescribed by regulations—are required to register and be available for employment. The generality of claimants are not exempted from these requirements solely because their command of English is poor, though under regulation 6(k) of the Supplementary Benefit (Conditions of Entitlement) Regulations, there are special and specific provisions for newly arrived refugees who need to attend classes for more than 15 hours per week in order to learn English so as to fit themselves for employment.

It is for the independent adjudicating authorities to decide on the facts of each case whether a claimant is or is not available for work, and therefore whether the conditions imposed by this legislation are satisfied. There is a right of appeal to an independent appeal tribunal against any such decision, and a further right of appeal to the social security commissioners against the tribunal's decision.