HC Deb 25 October 1962 vol 664 cc208-9W
Mr. Hale

asked the Minister of Pensions and National Insurance (1) what was the nature of the new facts in relation to a hospitalisation for meningitis during service in the last war which the hon. Member for Oldham, West was asked by him to supply in order to substantiate a claim for disablement benefit due to schizophrenia;

(2) to what extent his regulations enable him to grant a disablement pension for war service where he is satisfied that a determination of the appeals tribunal has resulted in injustice to the applicant; and on what grounds his discretion may be exercised.

Mr. N. Macpherson

Under the Pensions Appeal Tribunal Acts the decision of a Pensions Appeal Tribunal is final, excepting on appeal on a point of law.

There are no regulations providing in terms for me to make an award which overrides a decision of the Tribunal; but in exceptional cases where facts have subsequently come to light which had they been known to the Tribunal would have enabled them to give a favourable decision, awards can be made under special sanction with the concurrence of the Lords Commissioners of H.M. Treasury.

In this case it was pointed out to the hon. Member that the new facts in question would be facts showing that his constituent's attack of meningitis had subsequently affected his behaviour during the rest of his war service.

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