HC Deb 08 December 1943 vol 395 c982W
Major Lyons

asked the Financial Secretary to the Treasury whether he can now give the authority, statutory or otherwise, whereby the Treasury gratuity paid to the legal personal representatives of a deceased civil servant is held liable for the discharge of debt owed by the deceased, when such gratuity is deemed not to be part of the estate?

Mr. Assheton

As stated by my predecessor on 4th August, 1942, the ordinary gratuity payable on the death of an established civil servant is payable to his legal personal representatives and forms part of the deceased's estate. As such, it is available without statutory authority for payment of his debts, and this is provided by Section 2 (1) of the Superannuation Act, 1909, in error referred to in my right hon. Friend's answer as the Superannuation Act, 1919. In certain circumstances gratuities are payable on the death of civil servants through injury, but such gratuities are paid in respect of his children and do not form part of his estate.