HC Deb 01 April 1998 vol 309 cc584-5W
Mr. Stinchcombe

To ask the Secretary of State for Social Security (1) if she has discretion to backdate war pensions for those who applied for backdating before a given date; [34454]

(2) when was the last time she exercised discretion to backdate a war pension; and on how many occasions she has so acted since 1 May 1997; [34347]

(3) on what basis, and according to what criteria, she has the discretion to backdate war pensions; [34348]

(4) what was the date and nature of the change in Government policy in respect of the discretion to backdate war pensions. [34346]

Mr. Denham

Before 7 April 1997, Article 65 and Schedule 3 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 provided the Secretary of State with a discretionary power to backdate an award of war pension in respect of any particular case or class of case, prior to the date of claim, whenever it was considered reasonable to do so. All cases were considered on their individual merits.

Normal policy was to exercise the discretion to backdate a war pension in a number of different circumstances. An example was where the claimant had suffered a mental or physical illness or disablement for a continuous period up to the date of claim and that illness or disablement was of such a nature or severity as to prevent the person claiming earlier or instructing someone to do so on their behalf.

The law on backdating was amended from 7 April 1997 as part of a package of measures to simplify administration. Following full consultation with the Central Advisory Committee on War Pensions and other ex-Service organisations, the criteria for the commencement date of an award of war pension, and the limited circumstances in which it may be backdated, were defined precisely. The full details are to be found in Schedule 7 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1997 (1997 No.286), which substituted a new Schedule 3.

Information is not kept on the number of occasions on which war pensions are backdated and this could be obtained only at disproportionate cost.