HC Deb 14 March 1946 vol 420 cc241-2W
23. Mr. Garry Allighan

asked the Minister of Pensions why, in view of Mr. Justice Dennings ruling on 26th February last, which places on his Department the responsibility of giving claimants to war disablement pensions the benefit of medical doubts, he still persists in rejecting claims on such medical grounds as cancer, disseminated sclerosis and leucaemia.

Mr. Wilfred Paling

The War Pensions Instruments themselves provide that the benefit of any reasonable doubt shall be given to the claimant. One of the three cases in which judgment was given on 26th February last was a cancer case which had been rejected by the Pensions Appeal Tribunal. The Tribunal's decision was upheld by the learned Judge and the terms of his judgment make it clear that I am right to reject a claim where there is such a real preponderance of probability against the claimant as to exclude reasonable doubt.