HC Deb 20 April 1943 vol 388 cc1531-2
29. Sir H. Williams

asked the Secretary of State for War on what basis is compensation paid to the dependants of members of the Home Guard who are killed by accidents through explosions whilst on duty; whether pensions are payable at Army officers' or privates' rates, respectively; and whether the issue of this pension precludes, or is without prejudice to, any award of compensation for claims based on negligence as the cause of the accident?

Sir J. Grigg

Where the death of a member of the Home Guard is attributable to service, his dependants are eligible for consideration for pension under the normal conditions of the Services pension code for the present war, but at basic, or private's, rates only, without addition for rank. Except in the case of "war injuries" under Section 3 (1) of the Personal Injuries (Emergency Provisions) Act, 1939, there is no statutory bar against Common Law claims by dependants of members of the Home Guard. If in any case a successful action for damages at Common Law were pursued, I understand that my right hon. Friend the Minister of Pensions has power to take the amount of damages awarded into account in connection with the pension entitlement.