§ Dr. Lynne JonesTo ask the Secretary of State for Social Security what considerations underlay his decision to delete paragraph 1(h) of the Income Support General Regulations 1987.
§ Mr. BurtParagraph 1(h) of schedule 3 to the Income Support (General) Regulations provided for housing costs analogous to those listed in preceding sub-paragraphs to be included in the calculation of benefit entitlement. This gave rise to inconsistent decisions by the independent adjudicating authorities. To clarify the position, an amendment was made to replace this with individual provisions for specific costs. A further addition in respect of chief rents will be made shortly.
§ Dr. Lynne JonesTo ask the Secretary of State for Social Security if he will make an income support payment to Mrs. J. Young of Melton road, King's Heath, in respect of buildings insurance obtained as a condition of a mortgage.
§ Mr. BurtThe Secretary of State has suspended payment of any awards in respect of buildings insurance following a commissioner's decision of 14 October 1992, pending the outcome of an appeal to the Court of Session.
§ Dr. Lynne JonesTo ask the Secretary of State for Social Security how many income support claimants who had to pay buildings insurance as a condition of their mortgage obtain their entitlement to receive payments for this in their income support housing costs for any appropriate period between 11 April 1988, when the flat rate supplementary benefit allowance for such costs was abolished, and 2 February 1993, when paragraph 1(h) of the Income Support General Regulations 1987 was abolished.
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§ Mr. BurtOn 14 October 1992 a social security commissioner decided that buildings insurance payable as a condition of a mortgage could be paid as an income support housing cost. At that time, there were some 500,000 people receiving help with their mortgages through income support. The Secretary of State has appealed against the commissioner's decision to the Court of Session and suspended payment of any awards made as result of it pending the outcome.
§ Mr. AllenTo ask the Secretary of State for Social Security what instructions have been issued to officers of the Benefits Agency with regard to applications for income support from the spouses of EC citizens who have travelled to the United Kingdom for a treaty purpose; and if he will publish those instructions.
§ Mr. BurtThe administration of income support is a matter for Mr. Michael Bichard, the chief executive of the Benefits Agency. He will write to the hon. Member with such information as is available and a copy will be placed in the Library.
Letter from Michael Bichard to Mr. Graham Allen, dated 11 June 1993:
As Chief Executive to the Benefits Agency it is my responsibility to answer questions about relevant operational matters. I am therefore replying to your recent Parliamentary Question to the Secretary of State for Social Security asking what instructions have been issued to officers of the Benefits Agency with regard to applications from spouses of EC citizens who have travelled to the United Kingdom for a treaty purpose; and if he will publish those instructions.It may help if I explain that instructions on dealing with claims from EC Nationals are held in the Adjudication Officer's Guide (AOG) and the Income Support Manual, which are available for inspection at Benefits Agency Offices, the House of Commons library and some public libraries.It should be noted that certain EC nationals may only remain in the UK under a treaty purpose on the proviso that they are not dependent on public funds. Where entitlement conditions are satisfied and payment due action is taken as with a claim from a United Kingdom citizen. Therefore, if a claim is received from one of a couple who are living apart, the Agency would ensure action was taken to contact the spouse and seek maintenance to reduce or remove the need for payment from public funds.Offices have recently been issued with an internal memo advising them of an amendment to Regulation 21 (3) of the Income Support (General) Regulations from 12 April 1993. This provides that a national of a Member state who is subject to a requirement to leave the United Kingdom will no longer be entitled to income support.The requirement to leave the United Kingdom will be issued by the Home Office to an EC National who has been seeking work in the United Kingdom and receiving Income Support for six months and has neither found work nor has any reasonable prosper of doing so.I hope this information is helpful. A copy will appear in the Official Report and a copy will also be placed in the Library.