HC Deb 07 March 1995 vol 256 cc167-9W
Mr. Bradley

To ask the Secretary 01 State for Social Security if a claimant can appeal against a Benefits Agency medical services doctor's failure to provide (i) a certificate under regulation 10(2)(e) and (ii) an opinion under regulation 27 of the Social Security (Incapacity For Work) (General) Regulations 1995.

Mr. Hague

A claimant cannot appeal against a Benefits Agency medical services doctor's failure to provide a certificate or opinion. He can appeal against an adjudication officer's decision on capacity for work. That decision will take into account whether the claimant is certified as being in an exempt category under regulation 10(2)(e), whether he has satisfied the all work test and whether any of the prescribed exceptional circumstances apply under regulation 27.

Mr. Bradley

To ask the Secretary of State for Social Security at what intervals and on what basis a claimant of incapacity benefit will be re-tested after April 1995.

Mr. Hague

After the initial application of the all work test, a Benefits Agency medical services doctor will provide advice to the adjudication officer as to whether and, if so, at what interval, the question of the claimant's capacity should be reviewed. The interval will depend on the individual circumstances of each case.

Mr. Bradley

To ask the Secretary of State for Social Security how many people he estimates will sign on as available for work pending an appeal against a decision that they are capable of work; and how many will claim income support.

Mr. Hague

No estimate has been made of the number of people who will choose to make themselves available for work pending an appeal. Estimated numbers expected to claim income support are not broken down between those appealing against a decision and those not making an appeal.

Mr. Bradley

To ask the Secretary of State for Social Security what is the latest estimate of the number of people who will move from incapacity benefit and sign on as unemployed in (i) 1995–96, (ii) 1996–97; (iii) 1997–98.

Mr. Hague

The estimated number of people who will move from incapacity benefit, including new claimants after April 1995, and sign on as unemployed earlier than would otherwise have been the case, as a result of the new medical test, is as follows: 160,000 in 1995–96, 120,000 in 1996–97 and 60,000 in 1997–98. It is estimated that the average increase in the unemployment count as a result of the reform of incapacity benefit provision will he 90,000 in 1995–96, 195,000 in 1996–97 and 200,000 in 1997–98. These figures include people joining the unemployment count who will previously have been receiving income support with disability premium as well as those who will have been receiving incapacity benefit.

Mr. Bradley

To ask the Secretary of State for Social Security (1) how many people who are expected to leave incapacity benefit in 1995–96 to sign on as unemployed he estimates will he aged(a) under 45 years, (b) between 45 and 54 years old, (c) 55 years or over; and how many in each category are estimated to receive an occupational or private pension amounting to (i) less than £35 per week, (ii) between £35 and £50 per week and (iii) between £50 and £75 per week;

(2) how many people who are expected to leave incapacity benefit in 1996–97 to sign on as unemployed he estimates will he aged (a) under 45 years, (b) between 45 and 54 years and, (c) 55 years or over; and how many in each category are estimated to receive an occupational or private pension amounting to (i) less than £35 per week, (ii) between £35 and £50 per week and (iii) between £50 and £75 per week.

Mr. Hague

The information requested is not available.

Mr. Bradley

To ask the Secretary of State for Social Security what is his estimate of the number of new claimants of both(a) incapacity benefit and (b) severe disablement allowance who will (i) be found capable of work under the all work test and (ii) how many and what proportion he expects will lodge an appeal against this decision.

Mr. Hague

It is estimated that in 1995–96, approximately 45,000 and in subsequent years 55,000 new incapacity benefit claimants will be found capable of work earlier than would otherwise have been the case, as a result of the new medical test. It is estimated that 60 per cent. of these claimants will appeal against the decision of capacity for work. No estimates have been made of the number of new severe disablement allowance claimants expected to he found capable of work.

Mr. Bradley

To ask the Secretary of State for Social Security what assessment he has made of the number and proportion of appeals against a decision of capacity for work which are frivolous.

Mr. Hague

None.

Mr. Bradley

To ask the Secretary of State for Social Security when he consulted (i) the Independent Tribunal Service, (ii) the Council on Tribunals and (iii) the Social Security Advisory Committee about the benefit reduction for people appealing against a decision that they are capable of work.

Mr. Roger Evans

The Secretary of State referred the proposed income support regulations to the Social Security Advisory Committee under section 172(1) of the Social Security Administration Act 1992 on 3 and 16 February 1995. The Social Security Advisory Committee agreed on 16 February 1995, under section 173(1)(b) of the same Act, that the regulations need not be formally referred to it.

There is no statutory requirement in these circumstances to consult either the Independent Tribunal Service or the Council on Tribunals.

Mr. Bradley

To ask the Secretary of State for Social Security, pursuant to his answer to the hon. Member for Stratford-on-Avon (Mr. Howarth) on 30 January 1995Official Report, column 520, if the normal control dates based on form MF213 will be the basis for reviewing the estimated 220,000 people who will fail the new incapacity test.

Mr. Hague

Under the existing invalidity benefit system, when a claim is considered by the Benefits Agency medical services—the doctor gives advice on if and when the case should be reviewed. In cases with a review date, the new all-work test will he applied for the purpose of the first planned review after 13 April this year. We expect that all such cases will be reviewed in the first two years of the new benefit. The remaining cases will then also be reviewed under the new test.