HC Deb 28 October 1947 vol 443 cc667-9
2. Mr. Gallacher

asked the Minister of Pensions if he will consider altering the regulation that prevents disabled ex-Service men receiving a pension on the ground that their disability has not arisen or been aggravated by service in the Forces.

Mr. Blenkinsop

It has been an accepted principle that where disablement was unrelated to service a pension could not be awarded. This principle was reaffirmed by the present Government on the occasion some two years ago of the full review of the war pensions code.

Mr. Gallacher

In view of the fact that many men have given years of service and have then been incapacitated, would it not be desirable that this should be removed and that the Minister should have discretion to say whether or not a pension is desirable in these cases?

Mr. Blenkinsop

I can only say that there is no other basis upon which war pensions can be awarded than the effect of the war upon these men.

Mr. Walter Fletcher

Is not the Parliamentary Secretary aware of the very large number of border-line cases where it is so easy for the tribunals to show that no disability arises from service? Will he not review the whole situation in view of the resentment of ex-Service men at the vast number of cases decided against them?

Mr. Blenkinsop

I would remind the hon. Member that we are spending very much of our time reviewing decisions which were made in the past.

Mr. Leslie Hale

Is my hon. Friend further aware that there are a great many really serious afflictions of unknown medical origin, and that although a man who gets before a High Court judge sometimes establishes his case, there are thousands of such cases which are refused on the ground that the cause of injury cannot be established?

Mr. Blenkinsop

It is for that reason that independent tribunals were set up.

Mr. Gallacher

Is the Minister aware that in a very bad case which I put to his predecessor, his right hon. Friend said that he could not get away from the regulations? He was in favour of doing something, but he said that he was tied by the regulations and had no discretion of any kind. Is it not desirable that the Minister should have some measure of discretion?

Mr. Blenkinsop

My right hon. Friend has some measure of discretion, but however much discretion a Minister may have, he must work with some regard to the regulations.

7. Lieut.-Commander Clark Hutchison

asked the Minister of Pensions whether men who are called up under the National Service Act, 1947, and who sustain injuries whilst undergoing either whole-time or part-time service will be eligible for a disability pension under the present war pensions instruments; and if there will be any right of appeal to an independent tribunal in the case of disputed claims.

Mr. Blenkinsop

I regret that it is still not possible to make any announcement on the matters referred to by the hon. and gallant Member.

Lieut.-Commander Hutchison

Could the hon. Gentleman say when a decision will be come to in this important matter?

Mr. Blenkinsop

In good time, before the new Act comes into operation.