§ 60. Sir K. WOODasked the Minister of Health whether any decision has now been arrived at concerning the request from the National Conference on Widows' and Old Age Pensions that the Government shall fulfil their undertaking to widows and old people by the extension of the present insurance scheme?
§ Mr. GREENWOODI have nothing to add to the reply which I gave to the right hon. Member on 10th July last on the same subject.
§ Sir K. WOODCan the right hon. Gentleman state when he is going to fulfil his pledges in this respect?
§ 62. Mr. THOMAS LEWISasked the Minister of Health the number of persons who have become voluntary contributors under the National Health Insurance Act by virtue of the provisions of Section 21 of the Widows' Orphans' and Old Age Contributory Pensions Act, 1929?
§ Mr. GREENWOODThe exact number is not available, but it appears from information supplied by the approved Societies chiefly concerned that it is in the neighbourhood of 60,000.
§ 63. Mr. LEWISasked the Minister of Health where a pension granted to a widow, whose husband died prior to 4th January, 1926, has been discontinued by reason of the fact that her youngest child has attained the statutory age, what action, if any, is taken by his Department to ensure that such pension will be revived when the widow attains the age of 55?
§ Mr. GREENWOODAs the Contributory Pensions Act, 1929, gives a new title to a widow's pension, it is necessary for a widow who was previously in receipt of a pension under the 1925 Act to submit a fresh application form when she is nearing pension age.
§ 80. Major McKENZIE WOODasked the Minister of Health whether he has now considered the effect of the decision of the Court of Session in the recent case 1490 of Kerr v. Scottish Department of Health; and whether he proposes to take any steps to put an end to the anomaly, whereby certain widows in Scotland are granted pensions under the Widows', Orphans' and Old Age Contributory Pensions Act, 1925, while widows in England in exactly the same circumstances are refused them?
§ Mr. GREENWOODThe decision to which the hon. and gallant Member refers applies only to a special class of voluntary contributors, entry to which was closed in July, 1926, or in exceptional cases in January, 1927. Moreover, the decision normally affects those cases only in which the insured died within two years of becoming a voluntary contributor, that is to say, persons who died before January, 1929, at the latest. It is, therefore, not proposed to introduce amending legislation, but, if any amendment were contemplated, it would be necessary to consider whether the proper course would not be to bring the Scottish practice into line with the English practice, thereby giving effect to the original intention of the Act.
§ Major WOODIs the right hon. Gentleman aware that entry into this part of the case was stopped by an amendment of the law which was got through this House by the pretence that there was no change being made in the law, and that the law was simply being declared as it had stood previously?
§ Mr. GREENWOODI think that the decision of the English High Court carries out the undoubted intentions of Parliament, and maintains it.
§ Major WOODIs the right hon. Gentleman aware that one of the judges of the Court of Session said that they had had a much fuller argument in regard to this case than was permitted in the English court, and that they were quite certain that if the same arguments had been placed before the English High Court a different decision would have been reached?
§ Mr. GREENWOODIt is difficult for me to argue a decision of the court, but I know that the general Scottish opinion is against the decision of the Court of Session and in favour of the English decision.
§ Major WOODWhat does the right hon. Gentleman mean by "general Scottish opinion"? Is not the Court of Session the statutory means of declaring Scottish legal opinion on a question of law in Scotland?
§ Mr. GREENWOODThat may be true, but the hon. Member was not raising that point.
§ 87. Mr. GORDON MACDONALDasked the Minister of Health the number of widows whose application for pension under the Widows', Orphans', and Old Age Contributory Pensions Acts have been disallowed owing to the number of contributions paid since the date of entry into insurance for each of the last three years ended 30th September, 1930; and whether the words the date of entry into insurance are being interpreted as the date of last entry into insurance?
§ Mr. GREENWOODAs regards the first part of the question information is not available as to the number of widows who have failed to secure pensions because the necessary number of qualifying contributions were not paid by or in respect of their husbands. The reply to the second part is in the affirmative, the position in England and Wales being governed by the decision of the High Court on the matter.
§ Mr. R. A. TAYLORWill the right hon. Gentleman have the forms, where issued for the guidance of applicants, investigated, as they are led to believe that the whole of their contributions count for qualification.
§ Mr. GREENWOODIf there is any doubt about it, I will certainly look into the matter.