Memorandum from the Royal British Legion
(October 2003)
The Royal British Legion, in principle, is in
agreement with the majority of the proposed AFPS. However it is
worth noting that although it would seem generous that in-service
death benefits for widows will be raised to four times pensionable
salary, in effect this only brings us into line with similar professions
elsewhere in the public sector. Widows/widowers are granted up
to five times rate of pay if death occurs on duty in the police
force. Similar provisions are made for members of the fire fighters
and parliamentarians widows receive four times their rate of pay.
The Legion applauds changes that will see partners,
widows and same sex relationships experience the positive side
of the proposed new scheme. The Legion's primary concern is with
the compensation aspect of the MoD's review. It is in this cardinal
area that the Legion maintains that the service and ex-Service
community will be less than well served by the proposed new schemes.
CHANGE OF
BURDEN OF
PROOF
Currently the compensation scheme operates a
policy of "reasonable doubt". This means that unless
the MoD can prove beyond "reasonable doubt" that an
injury or illness was not caused as a result of time in Service
a claimant could receive a War Pension. The new proposal for "balance
of probabilities" means that compensation may be denied if
officials can infer that on the "balance of probabilities"
an injury or illness is not service-related and a claimant would
have to prove it was.
It is the change from the current proof of evidence
from reasonable doubt to balance of probabilities, combined with
a five year time limit to claim after April 2005 that is the key.
The Legion contends that this change will reduce the number of
successful claims. To illustrate this point the Legion processed
over 5,000 new claims during 2002-03 and using the proposed criteria
of balance of probabilities together with the five year time limit
up to 60% of these claims would have failed on these restrictions
alone. This together with the new arrangements that require allowances
to be claimed through the DWP we believe will have a severely
negative effect on the level of compensation that is currently
provided for, under the War Pensions Scheme.
The MoD's claim that continuance of the "reasonable
doubt" criteria would be unaffordable looks less than convincing
bearing in mind that the majority of applications for War Disablement
Pensions for at least the next five years are likely to be under
the current rules.
With the reduction in the size of the Armed
Forces over the last 40 years, coupled with the adoption of the
proposed new scheme criteria, the number of cases arising from
service post-2005 will be far less. To introduce a burden of proof
based upon the balance of probabilities is likely to be very divisive
as the majority of acceptable claims will be from the pre 2005
ex service population under the rules for the War Pension Scheme
with the conditions post 2005 being far more restrictive.
FIVE YEAR
TIME LIMIT
The proposed new five year time limit for claims
was accepted in negotiations with the MoD, but only with the proviso
that the burden of proof should remain unchanged.
The Legion's Pensions Department is the UK's
premier centre of war pensions expertise. Our awareness campaign
in 1994-96 resulted in more than 150,000 new pension awards. The
majority of claims for injuries and medical conditions were well
outside a five year time limit for compensation claims.
It is an unhappy fact that conflicts where our
Armed Forces are deployed are increasing in the world. Tied to
this are the many conditions that can arise as a result of service
that become apparent some years after the initial problem or cause
occurred. The MoD has been imprecise about which conditions or
scenarios would be included on an "exceptions list",
but the Legion believes that many claimants will have a very difficult
task in proving that their conditions were service-related after
the five year time limit under the proposed changes.
We feel strongly that the only way fully to
recognise the Services unlimited liability is to ensure that those
eligible for what is currently described as a War Disablement
Pension continue to have that unfettered right after the new scheme
has been introduced.
CHOICE?
Up to April 2005 all serving members and ex-Service
people have access to war pensions, with all the benefits that
this implies. From April 2005 service personnel have a two year
choice-period, where they can opt to be covered on the new scheme
or remain with the old. But this choice only exists for the AFPS:
after April 2005 all serving members will be transferred to the
new compensation scheme whether they want to go or not.
FROM THE
Q&A BRIEF OF
MOD'S
NEW AFPS AND
COMPENSATION SCHEMES:
If I remain with the current AFPS can I choose
to receive current benefits for injuries due to Service and a
War Pension?
No. All those who are attributably injured or suffer
ill-health due to Service after the new Compensation Scheme is
implemented will automatically be covered by the new scheme, even
if they have chosen to remain in the current pension scheme.
The Legion believe this important distinction has
not been clearly presented to Armed Forces personnel.
AFTER CARE
We are also profoundly aware that the after
care aspect would seem less than formalised, given that the MoD
possesses no aftercare welfare, other than using ex-Service charities.
Local DWP facilities, upon finding out that a prospective client
is an ex-Service man or woman, often withdraw with the excuse
of a lack of funds, and leave it to charities such as The Royal
British Legion to pick up the shortfall. Providing access to a
decent War Disablement Pension can, in many cases, prevent a member
of the ex-Service community sliding towards financial difficulties
and welfare dependency.
IN SUMMARY
The Legion's core role is to protect the interests,
welfare and memory of ex-Service people and their dependants.
As such we believe it would be a betrayal of service men and women
of the future to let the new Compensation Scheme be introduced
un-challenged.
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