§ Baroness Davidasked Her Majesty's Government:
Whether the chief supplementary benefits officer, before issuing guidance to local offices on the 21-hour rule, saying that the 21 hours should include lunch breaks and private study, consulted the Department of Education and Science; and if not; why not.
§ The Parliamentary Under-Secretary of State, Department of Health and Social Security (Lord Elton)It is for the chief supplementary benefits officer, who is independent of Ministers, to decide whom to consult in formulating his advice. In the absence of case law established by decisions of the Social Security Commissioners, he is concerned with the interpretation of the supplementary benefit legislation and would need to consult only if he required further factual information to enable him to determine what a particular regulation meant. I understand that on this occasion he did not consult the Department of Education and Science.