§ Mr. BurstowTo ask the Secretary of State for Social Security (1) how many spouses whose partner has gone into residential or nursing care are currently required by(a) the Benefits Agency, broken down by region and (b) local authorities, broken down by authority to make a liable relative payment; [51507]
(2) if she will make available the guidance the Benefits Agency uses in order to decide whether to pursue a liable relative payment from a spouse whose partner has gone into residential or nursing care. [51506]
§ Mr. Keith BradleyThe administration of Liable Relative Payments for benefit recipients is a matter Peter Mathison, the Chief Executive of the Benefits Agency. He will write to the hon. Member.
Letter from John Codling to Mr. Paul Burstow, dated 20 July 1998:
The Secretary of State for Social Security has asked Peter Mathison to reply to your recent Parliamentary Questions asking how many spouses whose partner has gone into residential or nursing care are currently required by (a) the Benefits Agency broken down by region and (b) local authorities broken down by individual authority to make a liable relative payment; and if she will make available the guidance the Benefits Agency uses in order to decide whether to pursue a liable relative payment from a spouse whose partner has gone into residential or nursing care. As Mr. Mathison is on annual leave, I am replying.The statistical information requested is not available. The Benefits Agency (BA) only maintain statistics relating to the number of cases where a liability has been determined and a contribution obtained. The statistics requested could only be obtained at disproportionate cost. I am unable to comment on whether Local Authorities maintain statistics relating to contributions towards Community Care as this is a matter for the individual Local Authorities.An issue of liability where a spouse has gone into a residential care or nursing home is considered in the same manner as any other case where there is a question of liability. The decision reached, within the existing legislation, will be dependent on the individual circumstances of the spouse who has not entered care. Factors such as the age, health and financial position are considered in all cases during the negotiation of maintenance payments.The guidance concerning the issues to be considered when deciding whether to pursue a liable relative payment are not currently in the public domain. They are restricted under Paragraph 4(b) of the Code of Open Government Practice. As with other investigation guides, this is because whilst many liable relatives provide an accurate declaration of their circumstances to allow a balanced decision on whether they are in a position to contribute 496W financially towards the maintenance of their spouse, the availability of this guidance has always been restricted to minimise the possibility of abuse.Thank you for the opportunity to comment.