§ 3. Major Sir BERTRAM FALLEasked the Minister of Pensions whether he will consider cases of appeal against final 1475 award in those cases where application was not made before 6th February, 1924, in special cases where it can be proved that applicants were not aware of a final date having been fixed, and where real hardship exists?
Mr. MUIRAs I pointed out in the answer which I gave to my hon. and gallant Friend on the same subject on the 29th April last, the period of appeal is fixed by Statute and it is in the last resort for the tribunal to determine, subject to the statutory provisions, whether it is empowered to entertain an appeal. I may add that the arrangements to which I then referred for dealing with cases in which it is shown that an award was erroneously declared final at the time it was made, owing to a definite error of fact or judgment, are now in active operation.
§ Captain BOWYERIs not the hon. Gentleman aware that there are thousands of ex-service men who have never been individually told that they have any right of appeal at all? Will he reconsider this matter in view of the fact that a man who signs form Z22 does think in many cases that he has no further right of appeal?
§ Captain BOWYERThis is a most important matter. No man who had a final statutory award before the 19th August, 1921, has received individual notice. Will the hon. Gentleman reconsider the matter?
§ Lieut.-Colonel JAMESWhat form has the notice taken
§ 7. Mr. WESTWOODasked the Minister of Pensions if he is aware that the pensions assessment appeal tribunal, sitting to hear and decide on a pensioner's appeal against a final award, do not always have the whole of the evidence relevant to the case submitted for their consideration; and, if it can be proved that relevant evidence has been omitted, where the decisions are against the 1476 pensioner, will the Ministry be willing to review any such case?
Mr. MUIRThe Ministry's instructions require that the whole of the evidence relative to the case, so far as it is known to the Ministry, shall be embodied in the précis which is prepared for the hearing of a case by the tribunal, and I am satisfied that this instruction is generally observed. Two copies, of the précis are sent to the man at least 10 days before the hearing, and if he has any objection to it, any representations made to the Ministry before the hearing, or to the tribunal at the hearing, would receive full consideration. An exceptional case in which evidence materially affecting the question of assessment only became available subsequent to the earlier decision on the case would be considered.