HC Deb 31 March 1922 vol 152 cc1700-1W

asked the Minister of Pensions whether he is aware that the decision of the Pensions Appeal Tribunal, in the case of Mr. Joseph S. Heath, of 13, Francis Street, Rhydyfelen, Pontypridd, is contrary to the facts recorded on his medical sheet; that this ex-service man contracted an injury to the knee whilst on active service; that a medical board held in 1919 decided that this injury was due to service; whether it is ultra vires for the Pensions Appeal Tribunal to overrule, three years afterwards, the findings of a medical board on a question of fact; and, if not, whether, in view of the existence of a large number of cases such as the above, he will consider a revision of the statutory powers of this tribunal by this House.


The Pensions Appeal Tribunals were expressly estab- lished by statute as independent bodies, to decide finally the questions of fact involved in the rejection by the Ministry of a claim to pension on the ground that the disability claimed was not connected with war service. I may add that in the case referred to by my hon. Friend the facts of this man's medical history during his service were very carefully considered by the Ministry before the claim was rejected.

Lieut.-Colonel HURST

asked the Minister of Pensions whether he is aware that the pension enjoyed by Edward Martin, of 5, Crawshaw Street, Chorlton-on-Medlock, Manchester (ring paper S.F.B. 93,246, reference 3!MN!6,276), for malaria and defective eyesight caused by military service in the Royal Army Service Corps has been terminated; and what is the Ministry's decision with regard to this ex-soldier?


As regards the defective vision, the Pensions Appeal Tribunal have confirmed the decision of the Ministry that that disability is neither attributable to nor aggravated by service, and the matter cannot, therefore, be reopened. The malaria has been accepted as attributable to service, but no disablement is now considered to remain. If, however, the condition has become worse since the man was last boarded a further application, if lodged with the Local Committee at once, can be considered on the ground of deterioration.