To ask the Secretary of State for Work and Pensions what assessment he has made of the compatibility of the Financial Assistance Scheme with the judgement of the European Court of Justice in cases where a scheme member's expected pension is greater than £52,000 per year. (136026)

The judgment of the European Court of Justice did not deal directly with the question of a cap for high earning pensioners. However, we do consider that the cap of £26,000 is consistent with the social purpose behind the 1980 Directive.