Murphy v The King: HL 12 May 1911

A person who was in fact below seventy years of age was awarded an old age pension by a local pension committee; no appeal against the award was brought in the manner prescribed by the Act. The pension officer afterwards obtained new information as to the pensioner’s age, and he then raised a ‘question,’ in the manner provided by the Act, to the effect that the pensioner was not of the statutory age and was therefore not entitled to a pension. The local pension committee decided to continue the pension. The pension officer appealed in terms of the Act to the Local Government Board (the central pension authority), which deprived the pensioner of the pension.
Held that the Local Government Board had jurisdiction to declare the pensioner disentitled to the pension notwithstanding section 7 (2) which provides that ‘the decision of the local pension committee on any claim or question which is not referred to the central pension authority . . shall be final and conclusive.’

Judges:

Lord Chancellor (Loreburn), Lords Ashbourne, Alverstone, C.J., Atkinson, and Shaw

Citations:

[1911] UKHL 622, 49 SLR 622

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 25 April 2022; Ref: scu.619195