HC Deb 10 October 1940 vol 365 cc478-9
30. Mr. J. Griffiths

asked the Minister of Health whether he is aware that many claimants for supplementary old age pensions have been refused the right of hearing before the tribunals; and whether he will take steps to secure that every claimant is afforded his right?

Mr. M. MacDonald

No, Sir; all the information before me goes to show that Chairmen of Appeal Tribunals apply liberally the discretion granted to them by Section 39 (5) of the 1934 Act as applied and modified by the 1940 Act to the supplementary pensions scheme. Chairmen have not refused leave to appeal save in cases in which they were satisfied the appeal had been made under a misapprehension and the grant of a hearing could only have the effect of holding out to the pensioner hopes which could not possibly be realised.

Mr. Griffiths

What is the reason for refusing to old age pensioners the absolute right of appeal? Is it not desirable that these aged people should have the right of appeal?

Mr. MacDonald

Such absolute right does not exist in the law. Under the Unemployment Act the arrangement with regard to appeals is that no appeal lies to the Appeal Tribunal except with the leave of the Chairman, and that leave is not to be granted unless it appears to the Chairman that there is reason to doubt whether the need of the applicant has been assessed in accordance with the Regulations, or that there are special circumstances affecting the case.

Mr. Rhys Davies

Is not an appeal allowed to every insured person, and should it not be the same with old age pensioners?

Mr. MacDonald

We are certainly anxious that appeals should take place wherever there is any doubt about the matter, but we are anxious, on the other hand, only that appeals should not take place and unnecessary hopes be aroused where it is clear that the appeal cannot succeed; but, in the light of what has been said, I will certainly look into the matter again. I am extremely anxious to help the aged people.

Mr. Lawson

Is it not the case that when the promise was given to allow the appeal there was no such provision in the law?

Mr. MacDonald

It is in the legislation; but I will look into the point.