HC Deb 15 November 1938 vol 341 cc686-7
52. Mr. Westwood

asked the Financial Secretary to the Treasury whether he is aware that Mrs. Annie Campbell, at present residing in the district mental hospital at Larbert, Stirlingshire, is being denied old age pension despite the fact that her whole cost of maintenance in the hospital is being defrayed from her own means; and why is she being denied pension?

Captain Wallace

I understand that Mrs. Annie Campbell was admitted to the Stirling District Asylum at Larbert on 23rd March, 1938, under an order made by the Sheriff and that the local Pension Committee decided on 20th June last that as from the 23rd March, 1938, she was disqualified for the receipt of old age pension by reason of detention in an asylum within the meaning of the Lunacy (Scotland) Acts, 1857 to 1919, and as no appeal against this decision was made within the prescribed period, it became in law final and conclusive.

Mr. Westwood

In view of the fact that from this old lady's estate there is paid the full cost of her maintenance in that asylum, is the right hon. and gallant Gentleman's Department prepared now to consider her appeal having regard to the harshness and injustice of the circumstances?

Captain Wallace

I do not think that the Department has now any power in the matter. This is a legal provision which has existed ever since the first Pension Act was passed in 1908. I have ascertained that the pensions officer did explain the provision to the curator bonis of this lady and as he did not appeal within the prescribed time, I am afraid that is conclusive.

Mr. Rhys Davies

But is it not correct to say that there is a very recent legal decision which may have some effect upon the position referred to by the right hon. and gallant Gentleman?

Captain Wallace

I could not possibly answer that question without notice.

Mr. Westwood

Is it not competent to make another application on behalf of this old lady and if it is turned down, could not the appeal be carried on as in the case of an original application?

Captain Wallace

I could not say that without notice. Perhaps the hon. Gentleman would like to discuss the case with me afterwards.