HC Deb 09 December 1908 vol 198 cc450-1
MR. PATRICK O'BRIEN

To ask Mr. Chancellor of the Exchequer whether he is aware that the Board of Inland Revenue have issued instructions to pension officers in Ireland to treat claimants for old-age pensions who had been, through illness, in union hospitals as disqualified; whether the Board in issuing such Order in Ireland had acted on the opinion of a qualified Irish lawyer; whether the legal grounds, if any, on which the Board's view was based would be furnished to the local pension committees for their information and consideration; whether such committees would be furnished with funds and other facilities for obtaining the best independent legal advice obtainable on the question; and whether the Government will provide some tribunal to hear and decide appeals on behalf of the pensions committees, and provide the necessary funds to enable the committees to be represented by counsel.

(Answered by Mr. Lloyd-George.) The Commissioners of Inland Revenue are advised that maintenance in a union hospital constitutes a disqualification under Section 3 (1) (a) of the Old-Age Pensions Act, and pension officers who have made inquiries on the point have been informed accordingly. Pension committees are, however, not bound by the opinion either of the pension officer or of the Board of Inland Revenue, and they can, if they feel any doubt on the subject, apply for advice to the Local Government Board, or, if they are satisfied that there is no disqualification, they can grant the pension. In the latter case, it will of course be open to the pension officer to appeal against the grant to the Local Government Board, with whom, under the Act, the final decision rests. The Local Government Board (who are the appeal authority provided by the Act) have access to the highest legal advice, and I understand that they are prepared to consider any representations made to them by pension committees, and I see no sufficient reason for adopting the suggestions made in the Question, to which, in any case, effect could not be given without further legislation.