§ Baroness Gardner of Parkesasked Her Majesty's Government:
Following the statement by the Secretary of State for Social Services on 23rd June that invalid care allowance will in future be paid to married women, whether they are now able to announce their decision on the arrears that will be payable.
§ The Parliamentary Under-Secretary of State, Department of Health and Social Security (Baroness Trumpington)On 23rd June my right honourable friend the Secretary of State announced in another place 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 24th 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.