§ 19. Dr. GodmanTo ask the Secretary of State for Social Security if he will make a statement on the practical and financial implications of the implementation of the310W judgment of the European Court of Justice, case C-328/91 (30 March 1993), in respect of the resumption of the payment of invalidity benefit to women aged 60 to 65 years; and if he will make a statement.
§ Mr. ScottThe European Court's ruling specifically concerned the age conditions for entitlement to two non-contributory benefits—severe disablement allowance and invalid care allowance—and the Court expressly referred to this fact. Contributory invalidity benefit for women aged 60 to 65 was not at issue in the case before the European Court. That is the subject of a joint appeal by the Chief Adjudication Officer and the Secretary of State for Social Security in a separate case; the appeal follows the decision by a social security commissioner to allow payment of standard rate invalidity benefit to women aged 60 to 65.
Adjudication officers are currently following the commissioner's interpretation of the law in deciding invalidity benefit cases, but payment of any additional benefit awarded as a result of the commissioner's decision is being suspended by the Secretary of State until this appeal has been resolved.