War Pensioners (Hansard, 15 June 1959)

§ 29. Mr. H. Hynd
asked the Minister of Pensions and National Insurance if he will now allow men of the 1914–18 War to have access to pensions appeal tribunals.

§ Mr. Boyd-Carpenter
The rights which these men had to appeal to the tribunals expired many years ago, and I am afraid that it would not be practicable at this very late stage, some forty years after the end of that war, to introduce new legal rights for them. There are, however, well recognised procedures for dealing with new or revived claims in respect of disablement or claims for re-opening awards already made, and claimants can also discuss their cases locally with their war pensions committees.

§ Mr. H. Hynd
As the Minister has shown in his Answer that there are cases arising from the First World War which require consideration now, is there any substantial reason why, more than forty years since the end of that War, when they are over 60 years of age and their numbers are rapidly retiring, these men should not have simple access to the pensions appeal tribunals like everybody else?

§ Mr. Boyd-Carpenter
As my Answer also made clear, there is, in fact, machinery to deal with these cases. The House may be interested to know that last year in some 1,700 1914–18 War cases the pensions were increased. However, in reply to the second part of the hon. Gentleman's supplementary question, I am bound to say that I am sure that my predecessors, who have all taken the same view, were right in believing that the difficulties of evidence and the dangers of raising false hopes make it at this time of day quite impracticable, as I said in my Answer, to set up a new system of formal legal appeals.

§ 31. Mr. Simmons
asked the Minister of Pensions and National Insurance how many war-disabled pensioners have, during the past five years, forfeited their pensions as a result of serving a prison sentence; how many have had their pension restored on completion of prison sentence; and in how many cases dependants' allowances were also affected.

§ Mr. Boyd-Carpenter
The precise numbers are not available, but it is estimated that, during the five years, nearly 3,000 war disablement pensioners forfeited their pensions whilst in prison and that about 1,600 of them were receiving allowances for dependants. It is the practice to pay these allowances to the dependants while the pensioner is in prison. Pension was fully restored on release from prison to all but 15 of the pensioners. These were persistent offenders who had previously been warned and pension was eventually restored to four of the fifteen after a period of good behaviour.

§ Mr. Simmons
Am I to assume that this is a matter for the Minister's discretion, and can we take it that on all occasions the Minister's discretion will be stretched in favour of the pensioner? After all, the Minister will agree that these men earned their pensions in very difficult circumstances and that the pensions should not be taken away from them except under very great provocation. Is he willing to agree that the figures which he has given prove that war pensioners as a body are very law-abiding people?

§ Mr. Boyd-Carpenter
I agree with the last part of the hon. Gentleman's supplementary question. With regard to the 18 earlier part of his question, under the Royal Warrant discretion in respect of the restoration of these pensions is imposed on the Minister of the day, and the fact that out of 3,000 cases forfeiture operated after release from prison in only fifteen and was cancelled in four more illustrates the spirit in which this discretion is administered.