To ask the Secretary of State for Work and Pensions how many individuals have been excluded from the Financial Assistance Scheme on the basis of their age; what assessment his Department’s legal advisers have made of the extent to which this policy complies with European Union law; and if he will make a statement. (121446)

We estimate that around 50-55,000 members are more than 15 years from scheme pension age and therefore do not qualify for assistance.

We consider that European Directive 2000/78, which includes non-discrimination on grounds of age, does not apply to FAS.

The Government are carefully studying the ruling by the European Court of Justice of 25 January 2007 relating to Article 8 of the European Directive 80/987/EEC, and in so doing we will have in mind compliance with community law generally.