§ Earl Russellasked Her Majesty's Government:
How the new linking rule to people over 20 years of age who originally qualified for Incapacity Benefit through the new incapacity in youth provisions (Section 64 of the Welfare Reform and Pensions Act 1999) will operate; and [HL613]
Further to the remarks by the Baroness Hollis of Heigham on 13 October 1999 (H.L. Deb., col. 467) whether guidance will be provided to clarify what is intended by the phrase "a lengthy period". [HL614]
§ The Parliamentary Under-Secretary of State, Department of Social Security (Baroness Hollis of Heigham)Section 64 of the Welfare Reform and Pensions Act will allow people who left Incapacity Benefit (IB), having originally qualified for it under the new incapacity in youth provisions, to re-qualify in certain circumstances where they do not have enough National Insurance contributions to re-establish entitlement and they also fall outside the normal linking rules.
Under the normal linking rules, the right to return to the same level of IB without having to satisfy the relevant qualifying conditions is lost after eight weeks. The linking period is extended to 52 weeks for people who leave benefit for work, and to two years if they claim Disabled Persons' Tax Credit or left benefit for a training for work course.
The new rule, which will allow those who qualified for IB under the incapacity in youth provision to re-claim benefit after the age of 20 without having the National Insurance contributions required of others over the age of 20, is intended to protect those who leave benefit for work but who earn below the lower earnings limit (LEL), and those who go abroad. Regulations to be laid before Parliament in the early summer will set out in detail how the provisions will operate and comprehensive guidance will be provided for benefit decision makers.