HC Deb 02 May 1922 vol 153 cc1162-3
42. Mr. RHYS DAVIES

asked the Minister of Pensions whether he is aware that Joseph Elmer, 36, Wingates Little Square, Westhoughton, late No. 17023, King's Own Royal Lancaster Regiment, joined His Majesty's forces in August, 1914, was taken prisoner in May, 1915, was in the hands of the Germans for three and a half years, suffered from head trouble and deafness from early in 1915, had been in hospital for treatment most of the time since his demobilisation, and that death took place from encephalitis lethargica on 18th March, 1922; that, in the opinion of the local war pensions committee, death took place owing to War service; that he left a widow and four children without any allowance whatever in respect of his War service; that there was no money available to bury him; and that he was buried at the cost of the Poor Law; and, whether, in view of the indignation caused thereby, he will inquire into the case with a view of paying the cost of the burial, and grant some allowance to the widow and children, and prevent similar occurrences in future?

Major TRYON

Compensation was granted to this man for deafness, but the encephalitis lethargica from which he died could not be accepted by the Ministry as either due to or aggravated by his service, and, accordingly, the cost of his funeral could not be defrayed from Ministry funds. The widow was married to the late soldier some time after his discharge, and, therefore, neither she nor her children are eligible for pension. A claim for pension may, however, be made through the local committee in respect of the children of a former marriage, and if that claim is rejected by the Ministry on grounds of entitlement there would be a right of appeal to the Pensions Appeal Tribunal.

Mr. DAVIES

Will the hon. Gentleman take steps so that we can avoid such cases as this in future, where a discharged soldier is buried by the Poor Law authorities?

Major TRYON

If he had been in our care in one of our hospitals he would have been buried at the cost of the Ministry of Pensions.

Mr. WATERSON

Then because a man has been fortunate enough to get well when he dies he must be buried by the Poor Law authorities?

Major TRYON

The hon. Member may-take it that the Ministry cannot, under its Constitution, pay for the funeral of a man whose death was not attributable to the War.