§ 33. Mr. STEPHENasked the Minister of Pensions if it is still the practice of the Ministry to give the benefit of the doubt to a person claiming pension; and, if so, in how many cases last year this principle was operative in deciding claims?
§ The MINISTER of PENSIONS (Mr. F. O. Roberts)My hon. Friend may rest assured that there are many cases in which a claim is admitted notwithstanding that absolute proof in any legal sense is not available; though it would be impracticable to attempt an analysis of all the cases dealt with so as to determine 18 the precise degree of possible doubt which had been resolved in the claimant's favour.
§ Mr. STEPHENIf a high medical authority locally is in conflict with that of the Ministry's medical adviser, does not that show doubt and should not a pension be given in every such case?
§ Mr. ROBERTSI think that is covered by the answer that I have given.
§ Mr. STEPHENWhen there is high medical authority outside in support of the case, is there not doubt and is a pension given in every such case?
§ Mr. ROBERTSThe words that I used were:
There are many cases in which a claim is admitted notwithstanding that absolute proof in any legal sense is not available.
§ Mr. W. J. BROWNIs the Minister aware that that statement does not correspond with the experience of many of us in regard to these questions?
§ 35. Mr. STEPHENasked the Minister of Pensions if he will arrange for a copy of the medical report upon which a claimant's claim to pension is refused to be given to the man upon his request, so that in doubtful cases he may be in a position to submit rebutting evidence from other high medical authority regarding the features of his claim?
§ Mr. ROBERTSClaims are ordinarily determined in accordance, not with any single medical report but on the evidence of all kinds obtained, after consultation with the Ministry's medical advisers. It is not usually possible in the nature of the case to intimate to an applicant more than that the information furnished has not been sufficient to establish connection between his present condition and his war service. This intimation is in fact given and the man is at the same time informed that he can submit any further evidence he may at any time have.
§ Mr. STEPHENIs it the case that on the volume of evidence ex-Service men in a bad state of health can be practically condemned to death if they do not get pensions? Are they not entitled to get this evidence that they would get in a court of law?
Dr. VERNON DAVIESIs it not a fact that these claims are decided by the Minister's medical advisers upon medical reports submitted to them, and not upon the examination of the patient?
§ Mr. ROBERTSThat is so. The hon. Member for Camlachie (Mr. Stephen), knows from answers that I have given that cases of serious doubt and difficulty are referred to independent medical experts, and they can call the man for examination.
§ Mr. STEPHENIs the hon. Member referring to the Appeal Tribunal? If so, that is practically under the control of his Department.