HC Deb 18 May 1995 vol 260 cc332-3W
Mr. Alfred Morris

To ask the Secretary of State for Social Security what are the cost implications for income support for severe disability premium of the Court of Appeal's decision in the case of Anne Marie Bate; how many cases are potentially involved; and if he will make a statement. [24880]

Mr. Roger Evans

On 9 May the House of Lords Judicial Committee granted the Secretary of State and chief adjudication officer leave to appeal the Court of Appeal judgment in the case of Anne Marie Bate. This means that the exact impact of the judgment on the payment of the severe disability premium within income support will depend on the decision of the House of Lords.

It is difficult to assess the cost implications and numbers of potential cases. The judgment could result in an estimated 45,000 income support claimants being entitled to between one and eight days severe disability premium as a result of the two day period between the judgment and the introduction of amending legislation restoring the original policy intention behind the premium. Additional costs could also arise from appeals currently within the appeal system or later appeals.

Payment of benefit arising as a result of the case has been suspended pending the result of the appeal.