HC Deb 20 February 1973 vol 851 cc218-9
24. Miss Fookes

asked the Secretary of State for Social Services if he will change the rule whereby a service disability pension is awarded from the date of a successful application or appeal so that pensioners receive payments backdated to the date of their discharge on grounds of disability.

The Under-Secretary of State for Health and Social Security (Mr. Michael Alison)

This rule is the counterpart of our readiness to accept that claims for war pensions can be made or reviewed without any time limit whatsoever. It follows from this that there cannot be unlimited liability to pay arrears, and my right hon. Friend exercises his discretion under Article 65 of the Royal Warrant to backdate awards only (i) where the pensioner has been prevented by physical or mental incapacity from making his claim or appeal earlier (ii) where there has been departmental error or misdirection. The Parliamentary Commissioner for Administration has accepted this practice as reasonable.

Miss Fookes

But I do not accept it. Would not my hon. Friend agree that there are many cases between mental and physical incapacity, as in the case of one of my constituents who suffered a certain intellectual limitation, got into a muddle and was finally rescued by the British Legion? Is not this a somewhat mean way for the Department to act?

Mr. Alison

We must have some sort of guideline or rule, but if my hon. Friend likes to send me details of that case I will scrutinise them personally.

Mr. Leadbitter

Will the Minister bear in mind that there are many examples of awards being made in other respects for injury and disability retrospectively, that in this kind of case a good deal of time is spent in processing it and that months and sometimes even years might elapse? Surely it is wrong that, once an award is given in favour of the person concerned, he should be deprived of any benefit for the period which has elapsed.

Mr. Alison

The hon. Gentleman knows, I think, that the fact that there is no time limit whatsoever to claims is a marked advantage for the war pensioner. Indeed, in 1971 we made 120 awards for injuries arising from the 1914–18 war. Therefore, the fact that there is this opportunity, in addition to back-dating, seems to me a reasonable and fair provision.