Select Committee on Social Security Minutes of Evidence


ANNEX D

THE WAR PENSIONS SCHEME

The Main Scheme

  The majority of claims for war disablement pension are made by ex-servicemen and are covered by The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983. The main features of the Scheme are as follows:

  1. Claims made within seven years of the termination of service (or, in a widow's case, where death occurs in that period) will succeed unless the Secretary of State can prove beyond a reasonable doubt that the disabling condition (injury or disease) or death is not due to service. Otherwise the claimant is required to raise a reasonable doubt, based on reliable evidence, that the condition or death is due to service.

  2. There are no time limits in the main legislation for making claims. All pensions and allowances are tax free, and receipt of the basic war disablement pension does not generally affect entitlement to non-income related social security benefits.

  3. The amount of war disablement pension payable depends on the assessed degree of disablement. Assessments of 20 per cent or more attract a continuing pension, lower assessments generally result in payment of a lump sum gratuity, except for noise-induced sensorineural hearing loss.

  4. Once entitlement to a basic war disablement pension or gratuity is accepted the pensioner may then become eligible to be considered for one or more of the Scheme's many allowances. See Annex E for details of the allowances. In addition the Scheme allows for payment for treatment for the pensioned disablement, in certain circumstances examples of which can be seen at Annex F.

  5. Once an assessment of disablement has been made, should the pensioner feel his condition has deteriorated, he is able to ask for a review. The WPA will gather up to date medical evidence and the medical advisor will consider whether or not the assessment of disablement has changed.

  6. Should a pensioner be dissatisfied with either the decision made on entitlement to an award or the level of assessment, including on review, he has a right of appeal to an independent Pensions Appeal Tribunal (PAT). The decision of the PAT is final but should the pensioner feel that the PAT erred in law, there is a further right of appeal, on question of entitlement, to the High Court. There is no right of appeal beyond the High Court.

Details of other schemes dealt with by the War Pensions Agency

    (a)  The Personal Injuries (Civilian) Scheme 1983, as amended.

    (b)  The War Pension (Mercantile Marine) Scheme, 1964.

    (c)  The War Pension (Naval Auxiliary Personnel) Scheme, 1964.

    (d)  The War Pensions (Coastguards) Scheme, 1944.

    (e)  The Pensions (Polish Forces) Scheme, 1964.

    (f)  The Royal Warrant of 21 December 1964 (Service in the Home Guard before 1945).

    (g)  The Order by Her Majesty of 22 December 1964 (service in the Home Guard after 27 April 1952).

    (h)  The Order by Her Majesty of 4 January 1971 (Ulster Defence Regiment) (For Service between 1 April 1970 and 30 June 1992).

Breakdown of Sums Payable

Maximum war disablement pension

As from April 1999
£

War disablement pension114.70
Unemployability Supplement70.85
Constant attendance allowance86.60
Invalidity allowance14.05
Comforts allowance18.60
Exceptionally severe disablement allowance 43.30
Age allowance23.60
Mobility supplement41.25

Total412.95 per week (tax free)


  It is also possible for a War Pensioner to receive a Clothing Allowance of £147 per annum.

Typical War Widows Pension

April 1999
£

War widows pension standard rate (widow of private) 86.60
Age allowance (at age 70)19.00
Supplementary pension56.45

Total £162.05 per week (tax free)


DETAILS OF SUPPLEMENTARY ALLOWANCES THAT CAN BE PAID IN ADDITION TO THE BASIC WAR DISABLEMENT PENSION

Unemployability Supplement (UNSUPP)

  May be paid where the pensioned disablement is assessed at 60 per cent or more and is so severe as to make the war pensioner unemployable.

Allowance for Lowered Standard of Occupation (ALSO)

  Payable to a pensioner assessed at 40 per cent or more and where the pensioned disablement prevents the pensioner from following his regular occupation and any other job with the same level of earnings. ALSO plus basic disablement pension cannot exceed the 100 per cent rate of disablement pension.

War Pensioners Mobility Supplement (WPMS)

  Payable to a pensioner assessed at 40 per cent or more whose disablement is solely or wholly responsible for them being unable or virtually unable to walk.

Constant Attendance Allowance (CAA)

  May be awarded when the pensioned disablement is assessed at 80 per cent or more and where there is a need for regular help with personal and bodily functions. Payable at one of four rates, dependent on the degree of care required.

Exceptionally Severe Disablement Allowance (ESDA)

  Payable automatically with the two highest rates of CAA.

Severe Disablement Occupational Allowance (SDOA)

  Payable automatically with the two highest rates of CAA where the pensioner is, exceptionally, in employment.

Comforts Allowance

  Payable automatically with awards of CAA or UNSUPP.

Invalidity Allowance (IVA)

  Payable in addition to UNSUPP where an award of UNSUPP is made before the pensioner reaches age 60.

Clothing Allowance

  Payable where the pensioner is an amputee or where the pensioned disablement causes exceptional wear and tear of clothing.

Age Allowance

  Payable in addition to basic war disablement pension where the pensioned disablement is assessed at 40 per cent or more and the pensioner has reached age 65. The amount depends on the degree of disablement.

WAR WIDOWS' ALLOWANCES

Children's Allowances

  May be payable with a War Widows pension where a child is being maintained.

Rent Allowance

  May be payable with a War Widows pension where a child is being maintained and is in receipt of a War Pension allowance.

Supplementary Pension (previously known as MoD Special Payment)

  Paid to War Widows whose late husbands service ended before 1973.

Age Allowance

  Payable with War Widows pension when the widow attains the ages of 65, 70 and 80.
Current rates of Supplementary Allowances

Other ranks
weekly (£)
Officers
yearly (£)

Unemployability Supplement70.85 3,697.00
Additional Allowance for Wife/Husband39.95 2,085.00
Additional Allowance for First Child9.90 517.00
Additional Allowance for Second and Subsequent Children 11.35592.00
Invalidity Allowance—Under 4014.05 733.00
Invalidity Allowance—40 to 508.90 464.00
Invalidity Allowance—50 and over 4.45232.00
Constant Attendance Allowance
Part Day Rate21.651,130.00
Full Day Rate43.302,259.00
Intermediate Rate64.95 3,389.00
Exceptional Rate86.60 4,519.00
Exceptionally Severe Disablement Allowance 43.302,259.00
Severe Disablement Occupational21.65 1,130.00
Comforts Allowance
Higher Rate18.60971.00
Lower Rate9.30485.00
Clothing Allowance
Maximum Rate147.00147.00
War Pensioner's Mobility Supplement 41.252,152.00
Allowance for Lowered Standard of Occupation (Max Rate) 43.242,256.00
Age Allowance (payable age 65 or over)
40 per cent to 50 per cent7.65 399.00
Over 50 per cent but not exceeding 70 per cent 11.80616.00
Over 70 per cent but not exceeding 90 per cent 16.80877.00
Over 90 per cent23.60 1,231.00

Current rates of War Widows Allowances

Other ranks
weekly (£)
Officers
yearly (£)

Age Allowance
Age 659.90517.00
Age 7019.00991.00
Age 8028.301,477.00
Rent Allowance (Max Rate)All Ranks (weekly) 32.75
Supplementary Pension (Pre 1973 Widows) 56.452,946.00
Children Allowances
First Child14.35749.00
Second and Subsequent Children15.80 824.00
Adult Infirm Orphan66.75 3,483.00
Total Orphan16.20845.00
Motherless Child not maintained by Parent 16.20845.00


EXAMPLES OF TREATMENT FOR THE PENSIONED DISABLEMENT THAT MAY BE PAID FOR BY THE AGENCY

Treatment Allowance

  This is a temporary allowance which replaces war disablement pension and is payable at the 100 per cent rate where treatment for the pensioned disablement prevents the pensioner being unable to work for at least eight days and incurs loss of earnings.

Appliances

  Costs will be reimbursed for an appliance necessary for the treatment or control of the pensioned disablement. This includes spectacles, surgical shoes and dental treatment.

House Adaptation Grants

  A one-off grant (maximum £750) towards the cost of an adaptation needed to a war pensioners home due wholly or mainly to the pensioned disablement.

Skilled Nursing Care

  Costs are met for the provision of long-term nursing care needed wholly or mainly because of the pensioned disablement.

Chiropody Treatment

  Costs of chiropody treatment can be reimbursed where the pensioned disablements include a foot condition or single leg amputee.

NATIONAL HEALTH SERVICE (NHS) PREFERENCES

Priority Treatment

  The Department of Health gave an undertaking that priority is to be given to war pensioners attending NHS hospitals for treatment in respect of pensioned disablements, subject only to the needs of emergency and urgent cases.

Prescription Charges

  War pensioners in the UK are eligible for exemption where the medication is needed for the pensioned disablement. An exemption certificate is issued to those under age 65.


 
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Prepared 23 June 1999