HC Deb 18 May 1915 vol 71 cc2120-2
17. Mr. RAFFAN

asked whether the decision of the regimental paymaster or the Secretary of the County Territorial Association is final in all cases where dissatisfaction exists as to the amount of separation allowance fixed by the pension officer and the old age pension committee, or whether any machinery exists by which an appeal can be carried to a higher tribunal?

The FINANCIAL SECRETARY to the WAR OFFICE (Mr. H. Baker)

If an applicant is dissatisfied with the award made by the pension officer and committee, appeal may be made for reconsideration of the case by those authorities. A decision then given by them in agreement is final. If they differ, the final decision is given on behalf of the War Office by an independent committee set up for that purpose, as has already been publicly announced. No questions of assessment are in any case decided by Paymasters.

Mr. RAFFAN

To whom are the appeals to be addressed?

Mr. BAKER

The appeals come before the independent committee set up by the War Office, in the ordinary form, when there is a disagreement with the authorities below.

Sir RYLAND ADKINS

Do I understand that there is no appeal for the relatives of soldiers at the front in the case of a decision by the pension committee and the pension officer?

Mr. BAKER

Yes. There is an appeal, but there is not a second appeal after that.

Sir R. ADKINS

To whom is the first appeal?

Mr. BAKER

To the pension officer and committee, who in a great number of cases revise the first finding.

Mr. RAFFAN

Are we to understand that there is no final appeal from that authority to the central committee at the War Office?

Mr. BAKER

The pension committee and the pension officer reinvestigate the case. The decision, the second time they consider the case, is to be considered as final.

69. Sir R. ADKINS

asked the Secretary to the Treasury whether, in view of the dissatisfaction in various parts of the country with the decision of pension officers as to the amount of allowances to dependants of soldiers and sailors, he will publish the instructions given to such pension officers, and so enable an accurate judgment to be formed as to whether they are acting fairly?

The FINANCIAL SECRETARY to the TREASURY (Mr. Acland)

The function of the pension officers is not to decide as to the amount of separation allowances to dependants of sailors and soldiers, but merely to investigate and report to the pension committees as to the fact and degree of dependence. In doing so they are guided by instructions which my hon. Friend will find set out in the reply given by the Financial Secretary to the War Office to the hon. Member for Lanarkshire on the 10th February last. The pension committees also report as to the fact and degree of dependence, and the amount of the allowance to be granted is then determined by the naval or military authorities, or, where there is disagreement between the pension officer and the pension committee in the case of soldiers' dependants, by the Appeals Assessment Committee which has been appointed.

Sir R. ADKINS

As pension officers do not have the power of fixing the amount of the allowance, nor do the pension committee, is there no appeal at all from their decision on behalf of the beneficiaries?

Mr. ACLAND

That sounds very like a supplementary question which the hon. Member asked earlier to-day, and the answer is the same. Where a pension officer and pension committee have reconsidered any representations that have been made to them and after that reconsideration have fixed the rate, there is no further appeal. They agree as to the local facts according to their local knowledge.

Sir R. ADKINS

Do I understand that a soldier or a sailor can secure the pension committee and pension officer hearing the case twice, but that after that there is to be no appeal from the decision?

Mr. ACLAND

I think where two authorities looking at matters from a different point of view agree as to the facts after reconsideration, there is no further appeal.

Sir R. ADKINS

Are we to understand that the pensions officer is the servant or official of the pensions committee?

Mr. ACLAND

No, that is not so. The pensions officer is the servant of the Customs and Excise Department, and the pensions committee is a local committee appointed to be advised by him, and, after taking his advice, to form their own opinion as to the facts.