HC Deb 08 March 1923 vol 161 cc730-1W
Sir E. STOCKTON

asked the. Minister of Pensions whether he will give the number of cases in which an appellant, having won his appeal to the House of Lords Tribunal, has had the result of such decision negatived by the decision of the medical board to which his case is then referred?

Major TRYON:

There are no such cases. I should like to take this opportunity of correcting a somewhat common misapprehension as to the effect of a decision by an assessment tribunal setting aside a final award. Such a decision merely implies (in accordance with the terms of Sub-section (3) of Section 4 of the War Pensions Act, 1921) that the tribunal consider that a final award, as such, should not have been made in the particular case at the time. It does not mean necessarily that the tribunal disagree with the rate at which the man's disablement has been assessed. Steps are being taken to make this clear in announcing decisions of this nature.

Mr. T. THOMSON

asked the Minister of Pensions whether, in order to ensure that ex-service men and their dependants are enabled to have their side of the case adequately stated before the appeals tribunal, he will consider the desirability of providing them with assistance by placing an official at their disposal when so requested?

Major TRYON:

I would refer the hon. Member to the answer which I gave to the hon. Member for Lambeth North (Mr. Briant) cm the 1st March.

Mr. STEPHEN

asked the Attorney-General if an official of the Ministry of Pensions is present on behalf of the Ministry at the appeal tribunal in each case; and if he is allowed to remain in consultation with the tribunal while its members are discussing the decision, while the applicant, has been asked to withdraw?

Colonel GIBBS:

A representative of the Ministry of Pensions attends before the tribunal on behalf of the Ministry in each case. He is not allowed to remain in consultation with the tribunal while its members are discussing the decision, but withdraws with the appellant.