HC Deb 16 February 1995 vol 254 cc734-5W
Mr. Gordon Prentice

To ask the Secretary of State for Social Security when his appeal to the European Court over the social security commissioner's April 1992 decision about the rate of invalidity benefit payable to women over the age of 60 years is expected to be finally resolved.

Mr. Hague

The appeal against the social security commissioner's decision—CS 27/91—was made to the Court of Appeal jointly by the Secretary of State and the chief adjudication officer. At a hearing on 18 January 1994, the Court of Appeal decided to refer the case to the European Court of Justice for a preliminary ruling on questions of European law. A date for the European Court hearing has been set for 6 April 1995, but the court's ruling is not expected before July 1995. The case will be referred back for a decision by the Court of Appeal following this ruling.

Mr. Gordon Prentice

To ask the Secretary of State for Social Security if he will ensure that the invalidity benefit claimants affected will receive the real value of back payments of invalidity benefits made to them should the European Court uphold the social security commissioner's decision in respect of the payment of the benefit to women over 60 years.

Mr. Hague

Increased awards of invalidity benefit made as a 'result of the social security commissioner's decision—CS27/91—are being suspended pending the outcome of the appeal by the Secretary of State and the chief adjudication officer, except in cases of hardship. Any benefit which has been suspended will be paid in full if the commissioner's decision is upheld. There is no provision for the payment of interest in these circumstances.

Mr. Gordon Prentice

To ask the Secretary of State for Social Security how many claimants for invalidity benefit have been granted a suspension of his decision in respect of women over 60 years on grounds of hardship, while his appeal to the European Court over the social security commissioner's April 1992 decision is being resolved.

2. Mr. Hague

The available information is in the table.

Suspensions of increased Invalidity Benefit awarded as a result of Commissioner's decision CS27/91
Cases in which suspension applied Hardship applications Cases in which suspension lifted on hardship grounds
41,560 1,604 994

Notes:

1. Figures relate to 31 March 1994, the latest date for which information is available centrally.

Source:Manual count in Benefits Agency offices.