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 pension | 114.70
| |
Unemployability Supplement | 70.85
| |
Constant attendance allowance | 86.60
| |
Invalidity allowance | 14.05
| |
Comforts allowance | 18.60 |
|
Exceptionally severe disablement allowance |
43.30 | |
Age allowance | 23.60 |
|
Mobility supplement | 41.25
| |
|
Total | 412.95 | 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 pension | 56.45
| |
|
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 Supplement | 70.85
| 3,697.00 |
Additional Allowance for Wife/Husband | 39.95
| 2,085.00 |
Additional Allowance for First Child | 9.90
| 517.00 |
Additional Allowance for Second and Subsequent Children
| 11.35 | 592.00 |
Invalidity AllowanceUnder 40 | 14.05
| 733.00 |
Invalidity Allowance40 to 50 | 8.90
| 464.00 |
Invalidity Allowance50 and over |
4.45 | 232.00 |
| | |
Constant Attendance Allowance |
| |
Part Day Rate | 21.65 | 1,130.00
|
Full Day Rate | 43.30 | 2,259.00
|
Intermediate Rate | 64.95 |
3,389.00 |
Exceptional Rate | 86.60 |
4,519.00 |
Exceptionally Severe Disablement Allowance |
43.30 | 2,259.00 |
Severe Disablement Occupational | 21.65
| 1,130.00 |
| | |
Comforts Allowance |
| |
Higher Rate | 18.60 | 971.00
|
Lower Rate | 9.30 | 485.00
|
| | |
Clothing Allowance |
| |
Maximum Rate | 147.00 | 147.00
|
| | |
War Pensioner's Mobility Supplement |
41.25 | 2,152.00 |
| | |
Allowance for Lowered Standard of Occupation (Max Rate)
| 43.24 | 2,256.00 |
| | |
Age Allowance (payable age 65 or over)
| | |
40 per cent to 50 per cent | 7.65
| 399.00 |
Over 50 per cent but not exceeding 70 per cent
| 11.80 | 616.00 |
Over 70 per cent but not exceeding 90 per cent
| 16.80 | 877.00 |
Over 90 per cent | 23.60 |
1,231.00 |
|
Current rates of War Widows Allowances
|
|
| Other ranks
weekly (£)
| Officers
yearly (£) |
|
Age Allowance | |
|
Age 65 | 9.90 | 517.00
|
Age 70 | 19.00 | 991.00
|
Age 80 | 28.30 | 1,477.00
|
| | |
Rent Allowance (Max Rate) | All Ranks
| (weekly) 32.75 |
| | |
Supplementary Pension (Pre 1973 Widows)
| 56.45 | 2,946.00 |
| | |
Children Allowances | |
|
| | |
First Child | 14.35 | 749.00
|
Second and Subsequent Children | 15.80
| 824.00 |
Adult Infirm Orphan | 66.75
| 3,483.00 |
Total Orphan | 16.20 | 845.00
|
Motherless Child not maintained by Parent |
16.20 | 845.00 |
|
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.
|