§ Mr. H. JOHNSTONEasked the Minister of Health whether it, is the practice, when prosecutions undertaken by his Department against individuals for pension frauds are dismissed by the magistrates, for him to withhold payment of pensions in these cases under the decision of the referee?
Sir H. YOUNGThe Contributory Pensions Acts by a specific provision entrust to the Minister, and not to the courts, the duty of deciding whether a person is entitled to a pension, and gives to dissatisfied claimants a right of appeal to referees, whose decision is made final and conclusive. In proceedings for fraud, which are brought under another Section of the Acts, the question before the1986W magistrates is a different one, namely, whether, for the purpose of obtaining a pension, the accused knowingly made a false statement or false representation. The fact that a charge, brought under that Section, is dismissed does not necessarily imply that in the opinion of the magistrates the accused is entitled to a pension.