HC Deb 20 January 1944 vol 396 cc344-6
26. Mr. Tinker

asked the Minister of Pensions if he is aware there are cases of disabled ex-Service men arising out of the great war who feel they should have the right to make appeal to the tribunal under the revised King's Regulations and will he give full consideration to this request.

The Minister of Pensions (Sir Walter Womersley)

Statutory provision made in 1919 gave an ex-Service man of the great war, whose claim under the Royal Warrant was rejected on the ground that his disability was not attributable to or aggravated by great war service, a right of appeal to a Pensions Appeal Tribunal similar to that which has recently been granted to ex-service men of the present war. The Act provided that the decisions of the Tribunal should be final.

Mr. Tinker

Am I to understand that no case not connected with the present war can come before the tribunal and that the Minister is not prepared to alter that position?

Sir W. Womersley

The tribunals which have been set up are to deal entirely with cases arising from this war and I do not think it is necessary to extend the privilege of appealing to the 1914–18 war.

Mr. Glenvil Hall

Would it be possible to allow cases from the last war which have not appealed and therefore have not had a final decision, to appeal now if the parties are so minded?

Sir W. Womersley

No, because the time limit has expired, but under power given me by the House I carefully review any case brought forward, whether it went to the tribunal or not, to see if there are exceptional circumstances in which a pension could be granted.

Mr. Pethick-Lawrence

The right hon. Gentleman will realise that there are a number of men who for patriotic reasons, did not put in claims for pensions after the last war; and will he give favourable consideration to them, when they find that their disability is serious?

Sir W. Womersley

Yes, I do so. I granted a pension only the other week to a man who had served in the South African war.

29. Mr. Foster

asked the Minister of Pensions if he has given consideration to a letter forwarded to him by the Town Clerk of Wigan on 3rd January, 1944; and will he make a statement respecting the position of responsible relatives and local authorities, in cases of ex-Service men discharged without pension, from His Majesty's forces, certified as of unsound mind and who are inmates of mental hospitals as civilian patients.

Sir W. Womersley

Where a member is discharged from the Forces suffering from a mental condition which is accepted by my Department as attributable to or aggravated by his war service, he is provided with treatment free of all cost to himself together with a personal allowance and allowances for the maintenance of his family. Where, however, his condition is not related to his war service I am unable to accept any permanent liability in respect of these matters. There is a right of appeal to the Pensions Appeal Tribunal against my decision in regard to relation to service and special provision is made in the Pensions Appeal Tribunal's rules (S.R. & O. 1943 1757/L 39) for the hearing of such cases.

Mr. Foster

Is the right hon. Gentleman aware of the grave concern which relatives are feeling at the growing number of cases of this kind, and as a mental case is not in a position to give evidence personally to the tribunal, will he give special consideration to these cases?

Sir W. Womersley

I do now give very special consideration to these cases. I know and understand the difficulty. It has to be a clear case having nothing whatever to do with service before reject it.

Mr. Foster

Has the right hon. Gentleman accepted any mental cases at all as being due to war service?

Sir W. Womersley

Oh yes, ever so many.