HC Deb 04 July 1955 vol 543 cc742-4
1. Mr. Hale

asked the Minister of Pensions and National Insurance whether he is aware of the difficulty to applicants for disability pensions for total blindness caused traumatically, for disseminated sclerosis, for Parkinson's disease, for gastric and duodenal ulcers, and for tuberculosis, and other seriously disabling afflictions incurred during war service by men previously physically fit because, owing to differing medical views as to the origin of these afflictions, it is almost impossible to discharge the onus of proof; and what steps he proposes to take.

The Minister of Pensions and National Insurance (Mr. Osbert Peake)

No, Sir. Out of about 360,000 pensions for the last world war 75,000 are in payment for the disabilities mentioned by the hon. Member, and I can assure him that cases are dealt with as generously as possible.

Mr. Hale

Does the right hon. Gentleman not understand that he has had from me and from other hon. Members case after case of men who joined the forces physically fit and have been discharged totally and permanently crippled by illnesses of this kind and have been told that they failed to discharge the onus upon them of establishing that the illnesses were due to war service? As there is no way of knowing this and as discharge of the onus of proof depends entirely upon the whim of individual doctors and their views, will the right hon. Gentleman look into the matter, which is important?

Mr. Peake

I am sure the hon. Gentleman will realise that the position of these applicants is safeguarded by the fact that we have established the pensions appeals tribunals and that from them appeals lie to the High Court on these difficult disease questions. Within the rulings given by the High Court the Ministry of Pensions and National Insurance interprets the rules as generously as it possibly can.

Mr. Fell

Will my right hon. Friend consider this matter a little bit more? I know of cases in which correspondence with the Ministry of Pensions has lasted for two years. There are cases about which nobody is ever satisfied, certainly the case of which I am thinking. It was quite impossible for the Ministry to satisfy me on that case, and still less the person concerned, although it tried very hard.

Mr. Peake

Of course, I am always prepared and anxious to look into any individual case that any hon. Member cares to send me, but I believe that the arrangements we have in force are the best that it is possible to devise in the interests of the people concerned.

Mr. Hale

Although the right hon. Gentleman says that he will look into any individual case, is it not a fact that his reply invariably is that he has no power to interfere with decisions of the Pensions Appeal Tribunal? Is it not also the case that appeal to the High Court lies only on questions of law and not of fact? If there were an appeal on fact, the position would be different?

Mr. Peake

On questions relating to diseases such as Parkinson's disease and disseminated sclerosis, we are bound by rulings of the High Court, which has gone very carefully into the whole aspect of this question.

13. Mr. Simmons

asked the Minister of Pensions and National Insurance the reasons for the fall during 1954 of 2,000 in the number of supplementary allowances to war disability pensioners.

Mr. Peake

Some 6,600 new awards of the main supplementary allowances were made during 1954, but about 5,400 allowances were terminated because of changes in the pensioners' circumstances and about 3,200 ceased owing to deaths. The ratio of the supplementary allowances in payment to the total number of disablement pensioners remained about the same.

Mr. Simmons

Does this represent an average reduction in the amount over a period of years?

Mr. Peake

I should have to look into that, but the hon. Member will be reassured to see that the number of new grants exceeds the number of terminations.

14. Mr. Simmons

asked the Minister of Pensions and National Insurance how many of the 12,000 war pensioners whose pensions were discontinued during 1954, have appealed, or are in process of appealing, against the decision of his Department.

Mr. Peake

I regret that this information is not available.

Mr. Simmons

Does this indicate a return of the old, bad practice followed after the 1914–18 war when pensioners were sent before tribunals to have their pensions cut down? Twelve thousand pensions discontinued during 1954 seems rather a big figure.

Mr. Peake

I am glad to say that about 2,000 of the terminations were due to the complete recovery of the individuals concerned. The remainder occurred in the ordinary course of events which means, as the hon. Members knows, that in cases where the disablement is assessed at less than 20 per cent., terminal awards are made, or, alternatively, there is a gratuity.