WAR PENSION APPEAL.

Otago Witness, Issue 3526, 11 October 1921, Page 19

WAR PENSION APPEAL.

A "WIFE’S APPLICATION. WELLINGTON, October 3. The Full Court delivered judgment this morning in the case of Wheeler versus Cooper and others (Y\ r Pensions Board), heard on July 19. The facts were that the husband of Airs Wheeler was in receipt of a war pension because of partial incapacity, and his wife applied to the War Pensions Board for a, pension on the ground of her husband’s partial incapacity. The board refused the implication on the ground that her husband v.:;s not incapacitated from work. Plaintiff contended that the board was bound to grant some pension, and applied to the court for a mandamus to hear the application and grant some pension. It was held by the court in its judgment that the Pensions Board h«d not refused to exercise irs jurisdiction, but had, in the exercise of that jurisdiction, refused to grant a pension. The court, moreover, was not satisfied that the decision of the board was erroneous. The board was not, compelled to grant a nominal pension if it thought an application without merit. Ihe court, therefore, dismissed the application, and costs were allowed the. defendant board on the lowest scale.