COMMONS AMENDMENT (Hansard, 12 July 1995)

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 196.

In moving this amendment, I should like to speak also to Amendments Nos. 266, 267 and 279. I am sure that noble Lords will recall the debate in which the noble Lord, Lord Freyberg, successfully moved a new clause providing for the restoration of war widows' pensions which had been withdrawn on remarriage. This gave rise to very strong feelings. The Government agreed that something needed to be done about the current legislation, which provides that the former war widow, having forfeited her war pension on remarriage, may not subsequently become re-entitled to that pension. Amendment No. 196 tidies up the wording of the noble Lord's amendment, and also adds to its scope. I am sure that the noble Lord is perfectly satisfied with that.

1751 The original clause benefited only the former war widow of a member of Her Majesty's Forces. We have now gone further and included the other categories of widow, mainly non-service widows who were awarded a war widow's pension under the wide-ranging war pension schemes. Our amendment ensures that former war widows of merchant seamen—as I recall, a subject raised by one noble Lord opposite during the debate—civilians whose deaths were due to enemy action during World War II (again, raised by noble Lords opposite during the debate) or widows of former members of the Polish forces who served under British command during that war will also benefit from the proposed change.

The amendment also ensures that the change benefits former war widows who become widowed on more than two occasions. It will apply following the termination of any marriage which was subsequently entered into by a former war widow. It will also apply where the parties have been judicially separated. So it goes beyond failure of the second marriage, which was provided for in the original clause.

The amendment will benefit some 16,500 former war widows at a net cost of around £45 million in a full year. Almost 80 per cent. of war widows are aged 70 or over. A former war widow aged, let us say, between 70 and 80 will be entitled to a pension worth at least almost £143. As I believe I explained during the debate, it will be tax free. So they have the same preference as that enjoyed by widows currently receiving a war widow's pension. There will of course be the £10 disregard for income related benefit claims and for those entitled to the supplementary pension for pre-1973 war widows. That amounts currently to £49.77 a week. That will also be disregarded.

I noted that in the other place a great deal was made of the fact that only about 6,000 war widows who were eligible had applied. At the last count, earlier this week, the figure stood at over 8,000 and was rising. As this provision has not yet been enacted, it is quite clear to me that the jungle drums are beating pretty loudly on the war widows circuit. I have every confidence that the figure of 16,500 will be reached shortly after we begin to enact this particular amendment.

That leads me to Amendment No. 279. This amendment ensures that this provision will come into force on the day on which the Bill is enacted. It will therefore be among the first measures in the Bill to be implemented. That could be this month—three months earlier than we had generally expected. I am sure that this will mean that many former war widows will be delighted that the progress we have been able to make on the Bill means that they may receive the payments earlier than expected. These amendments give us all the advantages in the original clause, and add to them.

I turn now to Amendment No. 267. It introduces a new clause to provide an extension of the war pension appeal provision. It will give Polish forces who served under British command during World War II a statutory right of appeal to a war pension appeal tribunal against a decision on a claim to award a pension or war widow's pension. The Polish forces entitled to claim a war pension for death or disablement arising from service 1752 through the special arrangements set up in 1947 were given no right of appeal at that time. Polish forces who are dissatisfied are able to have their cases reviewed by a war pensions committee. But these committees can only make recommendations which are not binding on the War Pensions Agency.

I know from meetings that I have had since I became Minister in charge of war pensions that ex-service organisations feel strongly that the time has come to give the same statutory right of appeal to Polish forces as that enjoyed by British forces. That is a feeling with which I heartily concur. It is most fitting that this change can be introduced during this year of memorable World War II anniversaries. I believe that these amendments make significant improvements in the field of war pensions. I beg to move.