HC Deb 29 March 1911 vol 23 cc1316-8
Mr. GOLDSMITH

asked the President of the Local Government Board, whether his attention has been called to the case of Edward Richmond, of Livermere, near Bury St. Edmunds, whose application for an old age pension has been refused on the ground that he does not satisfy the statutory condition as to residence; and whether, considering the fact that Richmond has served over twenty-one years in the Army and has spent the whole of his life in British Possessions, he will consider the advisability of amending the Old Age Pensions Act, so as to provide for the payment of old age pensions in this and similar cases?

Mr. BURNS

My attention has been drawn to this case. The question of amending the requirements of the Old Age Pensions Act with regard to residence is at present receiving consideration.

Mr. FORSTER

Is failure to comply with the regulations as to residence the only reason why this pension has been withheld?

Mr. BURNS

No; in this particular case the applicant was employed in the Channel Islands from 1881 to 1897, and is, therefore, disqualified. The Channel Islands have a separate Legislature, and the Old Age Pensions Act does not apply to them?

Mr. FORSTER

Is failure to comply with the regulations as to residence, to which the right hon. Gentleman has just referred, the only ground for refusal of the pension?

Mr. BURNS

Oh, no; the one I have read is another. We will have to consider this, and similar points in connection with the amendment of the Act.

Mr. MUNRO-FERGUSON

asked the Lord Advocate whether, in view of the Old Age Pensions Act and pending legislation upon the report of the Poor Law Commission, the Local Government Board will, like the English Board, discourage the extension of poor house buildings by local authorities?

The LORD ADVOCATE (Mr. Ure)

The Local Government Board for Scotland are keeping in view the consideration referred to by my hon. Friend, and are not sanctioning any alterations in poor house buildings except such as are necessary for the efficient administration of the Poor Law.

Mr. WILLIAM O'BRIEN

asked whether the practical effect of the decision in the case of Charles Galway, Mallow, is to place it in the power of the pension officer permanently to deprive an applicant, unprovided with a birth certificate, of a pension, no matter what time may elapse or how completely the local pensions committee may be satisfied that his age exceeds seventy; if not, when or in what way can the pension committee hope to procure new evidence, seeing that there is no registry of the birth of the applicant; and, if there is no legal remedy at present, will the law be amended so as to cover such cases?

Mr. BIRRELL

The Local Government Board do not restrict proof to baptismal certificates and the evidence of the Census returns. Entries in family Bibles, old school books, early letters from employers, and other documents, have over and over again been accepted as evidence. The Board consider all evidence which is submitted to them, but no general statement can be made specifying what evidence would be sufficient that a particular claimant has attained the age of seventy. The onus of proof rests upon the claimant, and if he fails to produce evidence to satisfy the pension authorities they have no power to award him a pension. I fear no statutory enactment could be devised which would enable people to fix their exact ages where no record is available.

Mr. WILLIAM O'BRIEN

Is not the substantial result of that answer that the pension officer is an absolute autocrat, able to refuse pensions to old people who cannot produce baptismal certificates or evidence of the character to which the right hon. Gentleman referred, and are there not thousands of such people in Ireland?

Mr. BIRRELL

I do not think there is any reason to believe there are thousands of poor people in Ireland who have attained the age of seventy and who have been excluded from their pensions. However that may be, the onus rests upon the claimant, and the obligation rests upon the public authority to see proper evidence is forthcoming.

Mr. WILLIAM O'BRIEN

Is there anything to prevent the Government remedying the matter by a new Clause in the Revenue Bill to-night?

Mr. BIRRELL

I should be very glad if the hon. Member would exercise his ingenuity by drafting such a clause and letting me have it for my consideration.