§ Mr. Pendryasked the Secretary of State for Social Services if he will take steps to ensure that moneys paid in compensation for injuries are treated differently from other kinds of capital in the assessment of supplementary benefit; and if he will make a statement.
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§ Dr. BoysonThe general principle underlying the treatment of capital in the supplementary benefit scheme is that all capital, from whatever source it is derived and in whatever form it is held, is treated in the same way.
This principle is, however, already modified in relation to moneys derived from a personal or criminal injury, where such moneys are held on trust. Where they are held for the dependent child of a claimant, they are wholly disregarded. Where they are held for a person claiming supplementary benefit in his own right or for the partner of a claimant, they may be disregarded for a period "not normally exceeding 12 months" having regard to the intentions of the trustees in the case of persons aged 16 to 17 or, in any other case, where this is reasonable in the circumstances. Draft regulations now before the Social Security Advisory Committee provide for the 12 months to be extended to two years.