§ Mrs. Beckettasked the Secretary of State for Social Services (1) what are the implications of the decision of the European Court in the recent case of Clarke v Chief Adjudication Officer for Government policy on eligibility for disability benefits; and if he will make a statement;
(2) what are the implications of the decision of the European Court in the case of Clarke v Chief Adjudication Officer for the entitlement of married women who have been incapable of work since May 1984 to severe disablement allowance, under the passporting arrangements for former claimants of housewives' non-contributory invalidity pension;
(3) what steps the Government are taking to comply with the European Court's decision in the case of Clarke v Chief Adjudication Officer.
§ Mr. ScottThe European Court's judgment in the case of Clarke v Chief Adjudication Officer was in answer to a question referred by a social security commissioner concerning Mrs. J. B. Clarke's entitlement to severe disablement allowance (SDA).
The commission now has to give his decision on Mrs. Clarke's claim. It would be premature to make any 378W statement about Government action on the judgment in advance of the commissioner's decision. An announcement will be made as soon as possible thereafter.
§ Mrs. Beckettasked the Secretary of State for Social Services, in the recent case of Clarke v Chief Adjudication Officer, what questions were referred by the Social Security Commissioner to the European Court.
§ Mr. ScottThe question referred for determination by the European Court was
Does Article 4(1) of Council Directive 79/7/EEC have a direct effect such that a woman can from 22 December 1984 qualify for an invalidity benefit by reason of her having before that date satisfied conditions sufficient to enable a man to qualify for that benefit notwithstanding that she did not also before that date satisfy a further condition applicable under domestic law only to a class of woman of whom she was one?".