HC Deb 23 April 1993 vol 223 c237W
Mr. Frank Field

To ask the Secretary of State for Social Security (1) what plans he has to introduce common rules for men and women in respect of non-contributory benefits so as to comply with EC directive 79/7;

(2) what plans he has to review the forms of discrimination currently existing within the social security system, particularly those linked to different pensionable ages, so as to comply with EC directive 79/7;

(3) what plans he has following the decision of the Court of Justice of the European Communities in the case of R v. Secretary of State for Social Security and Thomas et al (Case C-328/91) to review which forms of discrimination are not necessarily and objectively linked to the differences in retirement age and, therefore, not covered by the exceptions listed in article 7(1) of the directive;

(4) what plans he has to change the rules relating to men and women's rights to defer entitlement to a retirement pension so that there is no discrimination between the sexes so as to comply with EC directive 79/7.

Miss Widdecombe

Directive 79/7 permits unequal state pension ages. The European Court, in case C9/91, confirmed that where different pension ages are maintained under article 7(1) of EC directive 79/7, other forms of discrimination in the benefits system are also permissible if they are necessarily linked to that difference. This would include the rules on deferring entitlement to a retirement pension.

The application of the various derogations in article 7 of the directive is regularly reviewed in the light of developments, including the rulings of the European Court.

Case C328/91 has been referred by the European Court back to the House of Lords for final determination. We propose to consider that particular matter further when the result becomes available.