HC Deb 20 March 1997 vol 292 cc887-8W
Mr. Livingstone

To ask the Secretary of State for Social Security, pursuant to his answer of 13 January,Official Report, columns 149–50, if the War Pensions Agency consulted (a) the Chemical and Biological Defence Establishment and (b) his Department when it was drawing up the sections on claims arising out of experiments at Porton Down in the 1993 and 1995 versions of the "War Pensions Manual". [19115]

Mr. Heald

These are matters for Mr. Kevin Caldwell, chief executive of the War Pensions Agency. He will write to the hon. Member.

Letter from K. C. Caldwell to Mr. Ken Livingstone, dated 19 March 1997:

The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question asking if the War Pensions Agency consulted with the Chemical and Biological Defence Establishment (CBDE), and our own Department, when drawing up the 1993 and 1995 instructions for claims arising out of experiments at Porton Down.

I can confirm that we did not consult with the CBDE prior to publishing our 1993 version of the War Pensions Manual. We also consulted the CBDE in revising the instructions in 1995.

The War Pension Agency consults DSS HQ Policy Branch as a matter of course when preparing instructions. Again, I can confirm that we consulted with them on the 1993 and 1995 versions.

I hope you find my reply helpful.

Mr. Livingstone

To ask the Secretary of State for Social Security what percentage of claimants for a war pension are currently referred by the War Pensions Agency to(a) an independent specialist and (b) a regional consultant; for what reasons claimants are referred to (a) or (b); and what rights claimants have to choose to whom they are referred. [19114]

Mr. Heald

These are matters for Mr. Kevin Caldwell, chief executive of the War Pensions Agency. He will write to the hon. Member.

Letter from K. C. Caldwell to Mr. Ken Livingstone, dated 19 March 1997: The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question about the percentage of claimants for a War Pension currently referred by the Agency to independent specialists and regional consultants, for what reason, and what rights claimants have to choose to whom they are referred. During 1996, the Agency cleared 81,170 claims to War Pension. During the same period, 13,409 appeals were processed and cleared to the Pensions Appeal Tribunal. We requested 9,193 medical Consultant (Specialist) reports and 590 Regional Consultant Reports during 1996. As a percentage of all cases cleared by the Agency in 1996 this equates to Consultant (Specialist)—19.7% and Regional Consultant—0.6%. Claimants are referred to Consultants (Specialists) primarily to establish for the Secretary of State the definitive diagnosis of any medical conditions underlying a claimed disablement. Regional Consultant opinion is sought where there is conflict of opinion between Consultants or where the case is medically exceptionally complicated. The Agency holds a list of the Regional Consultants that it uses on a nationwide basis, reflecting the major medical specialities. In Individual cases, the appropriate Regional Consultant is chosen by the Agency Medical Advisor dealing with the claim. Agency requests for Consultant (Specialist) reports are directed to the appropriate Benefits Agency Disability Benefits Centre who arrange appointments on our behalf and use local knowledge to request a report from a suitable Consultant in the locality concerned. The Secretary of State may award a War Disablement Pension only when a certificate to the effect that disablement is due to service has been provided to him by a medical office or board of medical officers appointed or recognised by him for that purpose. He must be given the opportunity to satisfy himself on that issue. Should, exceptionally, a claimant object to being seen by any individual Consultant/Regional Consultant, or alternatively have in mind a particular Consultant, the Secretary of State will consider representations from a claimant as to the appointment. However, the decision as to appointment is for the Secretary of State to make, and not the claimant. Should a claimant have been seen and treated by a particular Consultant, then efforts will be made to obtain any relevant casenotes, or factual reports from the Consultant concerned. I hope you find my reply helpful.