HC Deb 24 February 1927 vol 202 cc1881-2
4. Mr. MACLEAN

asked the Minister of Pensions whether he is aware that Mrs. Annie Marshall, 87, Kerse Road, Grangemouth, Scotland, widow of T. W. Marshall, sapper, WR/267,622, Royal Engineers, has been refused a pension on the ground that her husband did not die within seven years of the termination of his active service; that Marshall was discharged from the Army suffering from lymphadenoma and received a pension of 40 per cent. for the same, which fact is certified as the cause of his death; and that, on 15th November, 1921, the doctor in the hospital reported that his disability might later become worse; and whether, in view of the circumstances, he is prepared to review the case or allow the Widow a passion?

Major TRYON

The disease (lymphadenoma) for which Mr. Marshall was pensioned, and of which he subsequently died, was constitutional in origin, and I am advised that, while aggravation of the disease by his war service was admitted, it cannot be held that the effects of this aggravation either caused or materially hastened his death seven and a half years after his discharge. In these circumstances, it is regretted that his widow is not eligible for pension. I may add that an appeal to the Pensions Appeal Tribunal was disallowed on the 10th December last.

Mr. MACLEAN

If a man died within seven years of this disease, does the widow receive a pension?

Major TRYON

If there be any dispute between a widow and the Ministry in a case like this, the final decision would rest with the tribunal who have decided against the applicant.

Mr. MACLEAN

Does the right hon. Gentleman consider it right and proper that a woman who has been drawing an allowance while her husband was getting a pension for services rendered for incapacity due to his service, if her husband dies of the incapacity for which he is receiving a pension, the woman's allowance should also be cut off?

Major TRYON

The pension necessarily ceases with the death of the man, and the claim of the widow in this case fell to be determined by the tribunal which decided adversely to the applicant.