HC Deb 10 March 1952 vol 497 cc1001-2
30. Dr. Barnett Stross

asked the Minister of National Insurance whether his attention has been drawn to the many cases where a workman suffers from hernia due to accident but is unable to obtain operative treatment within six months and is later penalised in any claim for loss of faculty unless it be appreciable and permanent; and what action he proposes to take in such cases.

The Minister of National Insurance (Mr. Osbert Peake)

I am not aware of any cases in which a man has been deprived of disablement benefit in the circumstances described by the hon. Member, but if he has such a case in mind perhaps he will let me have details.

Dr. Stross

Is the right hon. Gentleman aware that an alteration in the regulations is considered desirable so that a workman shall be able to claim that his date of disablement is the date of the operation rather than the date when the hernia was actually sustained? Would not that be a desirable way of getting over the difficulty which I have put to the Minister?

Mr. Peake

No, Sir. Both the policy and the practice of the medical boards and the medical appeal tribunals are to prevent the occurrence of what the hon. Member fears may happen, but I should be obliged if he would send me the details if he has a case in which this has happened.