HC Deb 07 April 1927 vol 204 cc2234-5
4. Major RUGGLES-BRISE

asked the Minister of Pensions under what authority pensions or retired pay granted to officers under Article 539 of the Royal Warrant of 1914 for medical unfitness caused by military service have been reduced without, in each ease, previous certification by the regulated medical authority that the disability does not seriously affect the officers' capacity for earning his living in civil life as required by the terms of the Warrant?

Major TRYON

In every case where, for the purpose of the specially favourable terms of pension that may be granted under Article 539 to a temporary officer, it has to be decided whether his disability does or does not seriously affect his capacity for earning his living in civil life, the decision is supported by medical certification and, in addition, by clear evidence as to the officers' actual earnings.

Major RUGGLES-BRISE

May I ask whether the officers had any opportunity of appearing before the medical board before this decision was taken?

Major TRYON

Medical certification has been either by board or by a medical officer of the Ministry, according to circumstances.

Major RUGGLES-BRISE

Does not the Warrant say that there should be a report by the regulated military authority?

Major TRYON

No, Sir. The answer I gave is perfectly correct, and in accordance with the Regulations.

Major RUGGLES-BRISE

But is it not perfectly clear that under the terms of the Warrant this decision has to be arrived at by the regulated military authority before the Minister makes any reduction in the cases of these officers?

Major TRYON

Medical certification does take part in the decisions arrived at.