HC Deb 09 July 1986 vol 101 cc172-3W
Dame Jill Knight

asked the Secretary of State for Social Services, following his statement on 23 June that invalid care allowance will in future be paid to married women, whether he is now able to announce his decision on the arrears that will be payable.

Mr. Fowler

On 23 June I told the House that invalid care allowance would in future be payable to married women, but that we would look at the question of arrears in the light of the impending judgment by the European Court in the case of Mrs. Jacqueline Drake. The judgment delivered on 24 June held that the exclusion of married women from invalid care allowance is contrary to the European Community's equal treatment directive, but said nothing about arrears. We have, however, decided in the interests of fairness that, provided the qualifying conditions are met, arrears should be payable back to December 1984, the date of implementation of the directive, on claims received before the end of 1986.

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