§ 2. Mr. BAKERasked the Minister of Pensions whether it is the practice of his Department, in special cases in which the appellants have failed to exercise their right of appeal within the time allowed, to permit the application to be forwarded to the tribunal for consideration; and whether in cases which are submitted specially to the tribunal, in the foregoing circumstances, he will stop the practice of lodging an objection by the Ministry to the hearing of the appeal on the ground that the appeal is out of time and therefore invalid?
Mr. ROBERTSThe answer to the first part of the question is in the affirmative. At the same time, I should point out that the limitation on the period during which the right of appeal may be exercised is statutory, and, as such, is binding both upon the Ministry and upon the tribunal. It is therefore the duty of my Department, which has the responsibility of carrying out the decision of the tribunal, to draw the attention of the tribunal to the fact that, on the evidence before the Ministry, the appeal is out of time. It is for the tribunal thereupon to decide whether the appeal is, in fact, out of time, or whether they are empowered to determine the appeal on merits. I should add, however, that in eases where it is shown that an appellant was prejudiced in making his appeal within the time allowed by some unavoidable cause, such as illness, the Ministry intimate to the tribunal that they do not raise objection on the score of expiry of the time limit, if, having regard to the special circumstances of the case, the tribunal consider that it is one that they can equitably decide on its merits.
§ Mr. BAKERIs the right hon. Gentleman aware of the very great effect upon appellants of the method of granting the right of appeal and then informing the appellant that the Ministry objects to the hearing of the appeal on the ground that the appeal is invalid?
Mr. ROBERTSNo. The latter conclusion is not quite correct. Before the amended instructions wore issued that was the position. Now we point out, in accordance with the Statute, that the appeal is out of date, and it will be for the tribunal then to determine whether it shall exercise its discretion.
§ Mr. BAKERIs the right hon. Gentleman aware that a letter in that form was issued dated 10th July?
Mr. ROBERTSI can only think that there has been some mistake with regard to the issue of that letter, because the amended circular was prior to that date
§ Mr. AYLESHas not the time now coma for the Ministry to say that the principle "fit for service, fit for pension" should be accepted by the Ministry?
Mr. ROBERTSYes. In amending these Regulations and trying to work them more sympathetically we are trying to put that broad principle into operation.
§ Sir A. SHIRLEY BENNAfter a ticket is issued to a claimant to go to the Court of Appeal, and the person has gone there, have the Ministry the right to say, "You are too late"? That has happened during the last 10 days.
§ Sir J. NALLIs it not a fact that a number of these men who do put in appeals are allowed to set as far as the tribunal, only to be told that the tribunal has no jurisdiction?