HC Deb 18 February 1932 vol 261 cc1815-6
46. Mr. HICKS

asked the Minister of Health whether he will institute a fund or provision for assistance to poor widows who have been deprived of pension owing to the employers not stamping the husbands' insurance cards, seeing that the Ministry states that the only remedy for loss of pension is a civil action against the employer, and that in certain cases counsel has advised action but the widow has not had the necessary funds?

Sir H. YOUNG

As legislation would be necessary to give effect to the proposal of the hon. Member, I have not examined it in detail but have noted it for consideration on its merits when amending legislation is contemplated.

Mr. HICKS

Is there no power now?

Sir H. YOUNG

No, there are no powers to go outside the law now.

53. Mr. TINKER

asked the Minister of Health if he can give the figures of persons who have been refused national health benefits and the number of widows who have failed to qualify for pension under the Widows', Orphans', and Old Age Contributory Pensions Act owing to the failure of the employers to stamp the cards of their employés according to regulations?

Sir H. YOUNG

I regret that I am not in a position to furnish the desired information. As regards health insurance benefits, the information, if available, could only be obtained by inquiry of all the approved societies and branches, and as regards pensions, a scrutiny of all the rejected claims would be involved.

Mr. TINKER

When the right hon. Gentleman is considering the question of introducing legislation with regard to question 46, in order to put the matter right, will he consider the same thing in connection with the first part of my question?

Sir H. YOUNG

I am afraid that, in view of the present position of public business, I cannot hold out any promise of legislation.

56. Mr. JOEL

asked the Minister of Health whether he is aware that Mrs. McDermott, of 57, Oakeywell Street, Dudley, has made an appeal for an old age pension to his Department; that the appeal was disallowed on the ground that, in the last three years of insurance, when an average of 39 stamps are required, making 117 altogether, Mrs. McDermott had only 116 to her credit; and whether seeing that Mrs. McDermott would have had the necessary number of stamps had her employer properly stamped her cards, she can be granted a. pension, since she was in the necessary insurable employment and the onus is on the employer to see that an employé has health insurance cards?

Sir H. YOUNG

I have looked into this case and find that the position is as stated in the first and second parts of the question. As regards the third part, I have no power to grant a pension in a case where the statutory conditions are not complied with.

Mr. JOEL

Are we to understand that in these matters, because the employer breaks the law, the employé is to be penalised?

Sir H. YOUNG

Apart from the actual conditions of the case, if the statutory conditions are not complied with the Minister has no power to grant a pension.

Mr. LOGAN

If the statutory conditions have not been complied with by the employer, cannot action be taken for the recovery of what has been lost by the person affected?

Sir H. YOUNG

That is subject to the statutory limitation of three years.

Mr. LOGAN

Provided that it is taken within the three years, it is possible for the person to take action against the employer?