HC Deb 25 July 1950 vol 478 cc225-7
22. Mr. Geoffrey Cooper

asked the Minister of National Insurance what is the proportion of appeals to the tribunals set up under the National Insurance Acts which are turned down purely on grounds of lateness of application; and what is the number of individual claims, where, due to oversight, sickness or failure to complete the forms accurately, the individuals have failed to obtain their insurance benefit after appeal to the tribunals, during the last six months.

Dr. Summerskill

During the six months ended 30th April last, there were approximately 6¾ million claims for benefits. During the same period about 40,000 appeals were made to local tribunals and in approximately 8,500 of them benefit was disallowed in whole or in part on the ground that good cause had not been shown for delay in making a claim or giving a notice.

Mr. Cooper

One of the cases I sent to the hon. Lady was about Mr. Stephenson who delayed making his claim, omitted certain details from the claim form and was deprived of his benefit after appealing to the tribunal. Would my right hon. Friend look into that case and look into the matter generally to see whether tribunals are not turning down a number of cases on unnecessarily trivial details, especially as the impression seems to be spreading that that is the case?

Dr. Summerskill

As I expect my hon. Friend knows, the figures I have just given do not accurately reflect the present position, because we have made provisional regulations extending the time during which those persons who are making a first claim for sickness benefit can apply. When these figures were compiled it was three days; it is now three weeks.

Mr. Nally

While I appreciate what my right hon. Friend has said, would she care to explain why it is that in a case of this sort—an appearance before a tribunal—the onus of proof is upon the applicant to show that there has been no carelessness? Why should not the onus of proof be upon the tribunal to prove completely that the applicant could, in point of fact, have registered the claim or was in a state of mind to have registered the claim when it should have been made?

Dr. Summerskill

I think only the applicant has the necessary evidence.

Mr. McCorquodale

In view of the changes which have been made, will the Minister be able to reopen any cases which have been turned down recently under the old regulations?

Dr. Summerskill

I am afraid it cannot be made retrospective.

Mr. Cooper

Would my right hon. Friend see that the same attitude of mind is adopted by these tribunals as is adopted in the case of pensions tribunals, and would she also look into the case of which I have sent her details?

Dr. Summerskill

Yes, Sir.