Disability Pensions (Hansard, 28 November 1950)

§ 38. Mr. A. R. W. Low
asked the Minister of Pensions whether he will discontinue the practice, where a pensions appeal tribunal decides that an individual's disability is attributable to service in the Armed Forces, to pay pension only from the date of the appeal and not from the date when the disability led to the discharge of the individual from the Forces.

§ The Parliamentary Secretary to the Ministry of Pensions (Mr. Simmons)
Under the present rules a man who has succeeded in his appeal to a pensions appeal tribunal in respect of his invaliding disability is awarded pension from the date of his discharge from the Forces provided his representations to the Ministry regarding their failure to award him a pension were made within six months following his discharge; otherwise pension is normally paid from the date on which the first representations were made. My right hon. Friend does not consider that there are any grounds for altering these rules.

§ Mr. Low
If I bring to the hon. Gentleman's notice a particular case, will he reconsider the matter from the rule point of view?

§ Mr. Simmons
Certainly.

§ 41. Lieut.-Colonel Bromley-Davenport
asked the Minister of Pensions how many disability pensions are granted to ex-Service men on the ground that their disability was only aggravated by war service; and what proportion of these men were passed as Al on going into the Forces.

§ Mr. Simmons
During the year ended 30th September, 1950, 4,567 first awards of disability pension were granted to ex-Service men on the ground that their disabilities were only aggravated by service. As regards the second part of the 938 Question, I regret that precise information is not available and that it could not be obtained without a disproportionate expenditure of time and labour.

§ Lieut.-Colonel Bromley-Davenport
It Service men are passed into the Army completely fit medically, how can they ultimately be awarded a disability pension on the ground that any disability is only aggravated by war service?

§ Mr. Simmons
In the large majority of these aggravated cases there is other reliable evidence to show that a disability existed, either before enlistment, or following military service, or that it was not due to service. When we bear in mind the probable and possible causes of these diseases, irrespective of service, the fact that we accept them as attributable in 70 per cent. of the cases, shows that we are very generously interpreting the Royal Warrant. But I would remind the hon. and gallant Member that there is a right of appeal to the pensions appeal tribunal against the Minister's decision that the disability is not attributable to service.

§ Mr. Sydney Silverman
Is my hon. Friend aware that under present legislation in these cases the man gets his pension and the onus of proof against his application lies with the Minister? Is he also aware that to obtain that legislation many years of agitation were required in this House and the legislation was strenuously resisted by every previous Tory administration?