§ Mr. WigleyTo ask the Secretary of State for Social Security if he will instruct the Benefits Agency to ensure that Disability Living Allowance is not withdrawn from a person to whom it had previously been awarded for life, without there first being a detailed personal letter explaining the reasons for the withdrawal being given to the beneficiary, and an immediate opportunity being made available to that person for a review of the decision which can consider further evidence from or on behalf of that person. [122684]
§ Mr. BayleyAs with any benefit, any person whose award of Disability Living Allowance (DLA) is changed, in any way and for whatever reason, is offered, and may demand, a reconsideration of that decision and a right of appeal. Any representations they make will be considered as part of these processes.
It has always been the intention that "life awards" of DLA should only run as long as a person is entitled to that rate of benefit, and the law has always allowed for awards to be altered when there are ground for doing so. People receiving the benefit have always been informed that changes in their circumstances needed to be reported to the Department, and that benefit entitlement could change, even where an award had been given for life.
Nonetheless, we recognise that the "life award" terminology in DLA caused problems; in particular, that the words used suggested that entitlement could continue even when the conditions for receiving the benefit were no longer met. We therefore took powers in the Welfare Reform and Pensions Act 1999 to remove references to "life awards". Accordingly, from 12 January this year the terminology was altered to replace "life award" with "indefinite award" to help clarify the situation. The rules that apply to altering awards, whether made for life, or for an indefinite period, have remained unchanged.
§ Mr. WigleyTo ask the Secretary of State for Social Security how many people who have been awarded Disability Living Allowance for life have had that benefit withdrawn during the past 12 months. [122683]
§ Mr. BayleyThe administration of Disability Living Allowance is a matter for Alexis Cleveland, the Chief Executive of the Benefits Agency. She will write to the right hon. Member.
Letter from Alexis Cleveland to Mr. Dafydd Wigley, dated May 2000:
The Secretary of State has asked Alexis Cleveland to reply to your recent Parliamentary Question about how many people who have been awarded disability living allowance (DLA) for life have had that benefit withdrawn during the past twelve months. As she is on annual leave I am replying on her behalf.The number of people awarded DLA for life whose award was terminated in the twelve months ending November 1999 was 80,200. This is the most recent figure available and it represents termination of benefit due to death; residence and presence conditions no longer satisfied; voluntary cancellation and cancellation by the Department.I hope this is helpful.