HL Deb 12 February 1991 vol 526 cc5-6WA
Lord Carter

asked Her Majesty's Government:

What action is proposed regarding the substantial underpayment of disability benefits nationally revealed by the ruling of the Social Security Commissioner in the Wirral.

The Parliamentary Under-Secretary of State, Department of Social Security (Lord Henley)

If the noble Lord has in mind the decision in the case of theChief Adjudication Officer and Secretary of State for Social Security v. Foster, the Court of Appeal decided that the commissioner's decision was a nullity as it was given without authority. The ruling of the Court of Appeal on the substantive issue is awaited.