§ Mr. Kirkwoodasked the Secretary of State for Social Services what instructions he has given to his headquarters staff, division SB3C, on the administration of the new exceptional hardship exemption in the supplementary benefit board and lodging regulations; and whether he will place a copy of those instructions in the Library.
§ Mr. NewtonNo instructions incorporating hard and fast rules have been issued for the operation of the discretionary power to which the hon. Member refers. The discretionary exemption can only be administered properly after taking account of the relevant circumstances in each individual case. Indeed, to do otherwise would be inconsistent with the legal basis for the discretion. The first consideration in every case is whether the claimant's circumstances in fact qualify him for exemption under the extensive list of exemptions specified in the regulations. Beyond that, a range of factors is considered, including the special reasons advanced by the claimant, or on his behalf, the personal circumstances of the claimant as they affect the need for board and lodging accommodation in the particular locality, the character of the accommodation concerned and any alternative options available to the claimant.