PENSIONS AS OF RIGHT

Dominion, Volume 9, Issue 2752, 22 April 1916, Page 6

PENSIONS AS OF RIGHT

POSITION REVIEWED

STATEMENT BY THE WAR LEAGUE

The War League, which lias all along interested itself particularly in the matter of pensions as of right for soldiers' dependents, has again had the matter before it recently, and the following statement has been prepared by Mr. James Macintosh, vice-president of the League:—

"Various members of the Government have from time to time' asserted tliat dependents of deceased soldiers are entitled to 'pensions as of right.' The Defence Minister has made the following statement (Dominion, February 2'J, 1016)': —'I sliould like someone to define for me precisely- what this demand "pensions by right" means.' I "The Defence Ministor had placed before him so far back as last December a olear statement by the War League as to what this demand for pension by, right meaJis, and of the amendments that require to be made in the War Pensions Act, 1915, to give effect to it. At. the present time, when . Ministers do not face this demaud squarely, but by 'their utterances seem to be endeavouring to cloud the issue, and when also the attitude of the Government to the almost universal domand for pensions as of right is seriously prejudicing recruiting, the War League thinks that tho position should be once again stated clearly to tlie public. "Under the present Act, and subject to the maximum rates fixed therein, tho amount of pension in every case is determined by a Board whose decision is subject to approval of tlie Minister (War Pensions Act,) 1915, Section 4, Subsection' 3 c). ,-it is impossible therefore, for any mas with depeudents to know what pension they will receive. "The pension of a disabled soldier is subject to no reduction because of the possession of private property or income other than payment of public moneys by way of compensation, pension, or gratuity to wliich he may be entitled under any Act or Imperial Act. Section 15 (1). The pension to which the dependents of deceased soldiers are entitled is not a matter of right'for tho following .reasons:—

"(1) In determining the rate of pension payable to a dependent of a soldier the board shall take into considera- > tion the property or income from all sources of the dependent and of all persons liable at law for tho maintenance of the dependent. Section 15 (2). That is to say that the Board may say to the dependent: 'You havo such and such an income, and therefore you shall have no pension'; or 'You havo no income, but your relations, liable at ' law, have abundant means, and therefore you shall have no sion.'"(2) By Section 16 the Board may review its determination, in the event of the circumstances of a pensioner or of a claimant for a pension being altered, or for any otlier sufficient roason, • and- on any such review may, subject to the approval of the Minister, grant or withdraw any pension. "The Board may therefore give to a dependent a low pension or no pension at all, or, having given a pension, may withdrajv ■ it. "(3) The pension is not a matter of right because (except in the case of the father or mother of the soldier, and except in cases mentioned in Section 22, summarised by the marginal note as' nurses and other persons not members of Forces), it is not- payable to any person who is not a bona-fide resident in New Zealand. If, therefore, a New Zealandermarried an English: girl.-'fights for his country, and is killed, she is not entitled to a pension if she returns to England, where her home, her parents, and all her relations are. "(4) The pension is not a matter of 1 right, because if tho soldier dies in New Zealand the Board, may for the purpose of computing the pension payable to the dependent, take into consideration the fact ■ that the soldier's death took- place in New Zealand (and may in consequence make that a ground for reduction of the pension). "What is meant by pensions as of right is this: That in the case of a deceased soldier:

"(1) The pension should be a fixed amount to the wife and to each, of/the children, without any aggregate maximum, without any reference to the property or income of the wife or of any of the children, or of anj; person liable at law for their maintenance. Neither the Board nor the Minister should havo any power to reduce that pension or to withdraw it. ■ "(2) In the case of dependents other than the wife and children, the Board should not take into conisideration the property or income of the dependents or of any person liable at law for their maintenance. "(3) .The pension in the case of wife, child, or any other dependent should be payable to such''dependent, whether he or she is resident in New Zealand or elsewhere. "(4) The pension should 1 not ho liable to reduction because the soldier died in New Zealand. "Short of adopting the whole of suggestions 1 and 2, the Government could improve the Act in one or other of the following directions:— "It could make suggestion No. 1 apply to (a) wife and children, (b) father .and mother, (c 1 ) brothors and sisters only, or (a) only or (a) and (b) only, leaving the other dependents in their present position. "It could provide that the pension should not be liable, to reduction on account of the possession of property or other income by the pousioner, where the pensioner's income did not exceed, say, £300 a year. . "The, War League invites the Prime Minister and tho Minister of Defence: "(a) To point out if any of these statements are erroneous, and if so, in what respect. "(b) To say whether .they will recommend to Parliament when it meets all or any of these suggestions. , • "A plain unambiguous statement on these matters would do more to stimulate' recruiting than any amount of canvassing done by rocmiting boards or any number of recruiting rallies. It is unfair to say that the voluntary system of enlistment has failed or to upbraid the manhood of the country for not enlisting until the country has made certain and amnio provision for them and their dependents."