§ Ms Glenda JacksonTo ask the Secretary of State for Social Security, pursuant to his answer to the hon. Member for Ilford, South (Mr. Gapes), on 1 December 1994,Official Report, columns 884–85, regarding the benefit rights available to British citizens under present habitual residence rules, if he will make a statement on the basis by which such citizens have a right to claim under existing rules relating to the social fund.
§ Mr. Roger EvansI refer the hon. Member to the reply that I gave to the hon. Member for Ilford, South (Mr. Gapes) on 30 November,Official Report, column 747.
§ Ms RuddockTo ask the Secretary of State for Social Security, pursuant to his answer of 24 November 1994,Official Report, columns 424–25, concerning the application of the habitual residence test in Lewisham, Deptford; how the test is being applied; what are the guidelines issued to adjudication officers; and what is the length of time clients are having to wait for habitual residence test interviews.
§ Mr. Roger EvansThe 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.
371WLetter from Michael Bichard to Ms Joan Ruddock, dated 7 December 1994:
The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question asking for details of the application of the habitual residence test in Lewisham, Deptford.The habitual residence test is applied to all Income Support customers who satisfy the normal conditions of entitlement of Income Support and have indicated on their claim form that they have come to live in the UK in the last 5 years. Relevant information is gathered by officers acting as the Secretary of State, normally by interview, to establish the reasons and intentions for coming to the UK. This information is then considered by an adjudication officer who decides if the customer is habitually resident in the UK. The customer is informed in writing of the decision and of their right of appeal.Before the habitual residence test regulations became effective the Central Adjudication Services provided adjudication guidance (Adjudication Officers Guide (AOG) Memo Vol 3/69), offering an interpretation of the term "habitual residence" using existing European social security legislation where the concept of habitual residence is mainly to be found. The Benefits Agency (BA) also issued procedural instructions to offices on the handling of claims when the habitual residence test is to be applied (Income Support Guide (ISG) Circular 15/94). Copies of the ISG Circulars are available in the House of Commons library. I have enclosed a copy of the AOG Memo and a copy will be placed in the Library.Initially, Lewisham caller office had a problem with the number of cases that required an interview and appointments were delayed for up to 4 weeks. This problem has now been addressed and personal callers with an urgent claim can usually be seen the same day. Non urgent and postal claims are generally seen within one week.I hope you find this reply helpful.