§ Mr. Tony Lloydasked the Secretary of State for Social Services what criteria are used by local offices of his Department in deciding that suitable furnished accommodation is available when refusing special payments for furniture for claimants.
§ Dr. BoysonDecisions on the interpretation of the supplementary benefit regulations are for the independent adjudicating authorities, that is, adjudication officers in the first instance, subject to the right of appeal to a social security appeal tribunal and, on a point of law, to the social security commissioners. A tribunal of social security commissioners recently issued a decision (R (SB) 8/84) on the rule whereby certain categories of claimants can receive single payments for essential furniture and household equipment, on moving into unfurnished accommodation, only if the adjudication officer considers there is no suitable alternative furnished accommodation available to them in the area. On the basis of this decision the Chief Adjudication Officer issued guidance to all adjudication officers in local and regional social security offices on how this provision should be interpreted. This guidance is contained in circular S 8/84, a copy of which is in the Library.
§ Mr. Tony Lloydasked the Secretary of State for Social Services what representations have been made to him about the policy of refusing special payments for furniture; and if he will outline his response.
§ Dr. BoysonWe have received a number of representations from hon. Members, voluntary bodies, welfare agencies, and others on the subject of single payments of supplementary benefit for essential furniture and household equipment. The comments have covered a variety of aspects. In particular, they have criticised the rule whereby certain categories of claimants can receive such payments, on moving into unfurnished accommodation, only if there is no suitable alternative furnished accommodation available to them in the area. I understand that the Social Security Advisory Committee has also602W received a number of representations on this subject, and it will be reporting to my right hon. Friend in due course on the Supplementary Benefit (Single Payments) Regulations 1984 which were referred to them in April; a copy of their report and of the Government's response will be laid before the House. The basis for our present policy in this area is set out in my replies to the hon. Member for Islington, South and Finsbury (Mr. Smith) on 4 July at column 205 and to the hon. Member for Bishop Auckland (Mr. Foster) on 8 May at column 374.
§ Mr. Cabornasked the Secretary of State for Social Services if, in cases of claims for single payments for essential payments for unfurnished accommodation, the onus of proof that suitable alternative furnished accommodation is available lies with his Department's benefit officer.
§ Dr. BoysonA tribunal of social security commissioners has issued a decision on the interpretation of the condition that certain categories of claimant are eligible for single payments for essential items of furniture and household goods, when moving into unfurnished accommodation, only if there is no suitable alternative furnished accommodation available. The tribunal decided that the onus of proof that the condition referred to is, on a balance of probability, satisfied, lies on the claimant. The decision on whether or not to award a single payment rests with the independent adjudication authorities. Guidance (Circular S 8/84, a copy of which is in the Library) has been issued to adjudication officers in the light of the tribunal's decision.