From 06/04/05 the Service Personnel and Veterans Agency (SPVA) introduced the new Armed Forces Compensation scheme (AFCS), which replaced the existing War Pensions scheme (WPS). The War Pensions scheme will remain in place for those who already had awards made under it by 06/04/05 , and to new claimants whose injury, ill-health or bereavement was caused by service before 06/04/05.
Who Can Claim?
You can claim for any present disablement resulting from:
- An injury or condition caused by or made worse by service in HM Armed Forces at any time. This includes service in the Home Guard, Nursing and Auxiliary Services, the UDR from 31/03/70, the Territorial Army, and Cadets (certain cadets are covered by a similar but separate Ministry of Defence scheme).
- A physical injury or disease sustained as a civilian during World War II either as a result of enemy action or action combating the enemy.
- A physical injury or disease sustained while carrying out duties as a Civil defence Volunteer in World War II.
- An injury or condition caused or made worse by service during World War II in the Polish Forces under British Command or while serving in the Polish Resettlement Forces.
- Certain injuries or illnesses sustained while serving in the Naval Auxiliary Services, Coastguard or Merchant Navy in the 1st or 2nd World War, or conflicts in the Gulf, Falklands, Suez or Korea; or while being held prisoner.
If you are a dependant of someone whose death has been caused or 'substantially hastened' by service in HM Forces you can also claim a war pension.
How much can you get?
War disablement pension.
The basic disablement pension depends on your degree of disability, assessed on a percentage basis as in the Industrial Injuries scheme. If your assessment is 20% or more, a weekly pension is paid. If it is less than 20%, you get a one-off lump-sum gratuity unless your claim is for noise-induced sensorineural hearing loss.
War disablement pensions are tax free. The maximum pension at the 100% rate is £167.80 a week. See Service Personnel and Veterans Agency (SPVA) leaflet 9 for the full range of rates payable.
Hearing loss
When your claim is for noise-induced sensorineural hearing loss and your assessment is less than 20%, no gratuity is paid. No account is taken of any related condition, such as tinnitus.
If your hearing loss alone is assessed as at least 20%, any additional disability can be added on to increase the percentage you get. To get 20%, your average hearing loss must be 50db or more in each ear.
A gratuity can still be paid for hearing loss due to other causes such as bomb blast, ear infections or the effects of ototoxic drugs used to treat other conditions linked with service.
Allowances you have to claim
War pensioners' mobility supplement
To qualify, your walking difficulty must be caused wholly or mainly by your pensioned disablement, which must be assessed at 40% or more. The other qualifying conditions are similar to those for disability living allowance (DLA) higher rate mobility component except there is no special category for severe mental impairment.
War pensioners' mobility supplement cannot be paid at the same time as DLA mobility component but is paid at the higher rate of £60.40 per week. There is no upper age limit for claiming.
When claiming, you can choose to attend a medical examination or fill in a self-assessment claim-pack. Your disability must be expected to last at least 6 months from when you claim but, unlike DLA, you do not have to meet a 3-month qualifying period prior to this.
Constant Attendance Allowance
This is paid if your pensioned disablement is assessed at 80% or more and you consequently need a lot of personal care and attention, or supervision. It is paid at 4 different rates:
- Half-day - £31.65
- Full-day - £63.30
- Intermediate - £94.95
- Exceptional - £126.60
Regulations specify the level of care needed for each rate to be payable. If, because of your pensioned disablement, you are terminally ill, you will get the intermediate rate. Constant attendance allowance overlaps with ordinary attendance allowance and DLA care component. If you qualify for both you will be paid the higher amount. When claiming, you can choose to have a medical examination or fill in a self-assessment claim-pack.
Unemployability supplement
This is similar to incapacity benefit (IB) and is paid if your pensioned disablement is assessed at 60% or more and you are likely to be permanently unable to work because of your war pensioned disablement. You must be under age 65 when you claim, but once awarded it can continue to be paid after age 65.
You cannot get unemployability supplement at the same time as IB or basic state pension, but any earnings-related or graduated pension is paid separately by the DWP on top. Unemployability supplement is £103.65 a week and you can claim extra for dependants. A child allowance stops at age 16 so you need to reclaim it if your child is continuing in full-time education. An invalidity allowance may be paid on top. There are three rates depending on your age when you first became permanently incapable of work: £6.65, £13.30 and £20.55.
Allowance for lowered standard of occupation
This is similar to reduced earnings allowance in the Industrial Injuries scheme and is paid up to the same maximum rate of £63.24 a week. It is paid if your pensioned disablement is assessed at 40% or more and you are unable to follow your regular occupation or to do work of an equivalent standard because of your war pensioned disablement. You must be under age 65 when you claim, but once awarded it can be paid after age 65. This allowance plus your basic war pension cannot add up to more than the 100% rate pension.
You cannot get the allowance for the lowered Standard of Occupation at the same time as IB, ESA or Unemployability Supplement.
Clothing allowance
This is £216.00 a year and is paid if your pensioned disablement is assessed at 20% or more and causes exceptional wear and tear to your clothing - e.g. because of incontinence or the use of an artificial limb.
Treatment allowance
To qualify, you must suffer actual loss of earnings due to having treatment at home or in hospital because of your pensioned disablement. Treatment allowance is paid to top up your current percentage (whether you have a pension or gratuity) to the 100% rate of the basic pension. Claim immediately treatment starts, as no payment is made for days before you claim unless illness or disability prevented you claiming earlier.
Rent allowance
If you are getting a surviving spouse/civil partner's pension and a child allowance, you can claim up to £47.95 a week rent allowance towards your accommodation costs (rent, mortgage, council tax and water rates). This can continue for 26 weeks after the child's allowance stops.
Allowances that are paid automatically
Exceptionally severe disablement allowance
This is paid if you get constant attendance allowance at either of the two highest rates on a permanent basis. It is £63.30 a week.
Severe disablement occupational allowance
This is paid if you get either of the two highest rates of constant attendance allowance but you are nevertheless normally in employment. It is £31.65 a week. You cannot get it as well as certain social security benefits, e.g. state pension, incapacity benefit, severe disablement allowance and carer's allowance.
Comforts allowance
This is paid if you get unemployability supplement and/or constant attendance allowance. There two rates: £13.60 or £27.20 a week.
Age allowance
This is paid at age 65 if your disablement is assessed at 40% or more. The amount depends on your degree of disablement, and it varies between £11.25 and £34.50 a week.
How do you claim?
You can get a claim-form by ringing the Service Personnel and Veterans Agency Helpline on 0800 169 2277, by writing to the SPVA, Norcoss, Thornton-Cleveleys, FY5 3WP, or by contacting your local Veterans' Welfare Office. Claim-forms are available on the SPVA website: www.veterans-uk.info. Make sure you complete and return the claim-form within 3 months or you could lose benefit. If you claim by telephone, your service and medical details will be taken so the SPVA can obtain your service records while they are waiting for you to complete and return the claim-form, so speeding up a decision on your claim.
Pensions for War widows, Widowers, Surviving Civil Partners and other dependants
A pension can be paid if:
- Your spouse/Civil Partner's death was due to, or substantially hastened by, an illness or injury for which they were either getting a war disablement pension or to which they would have been entitled had they claimed; or
- They were getting constant attendance allowance at any rate, or would have been had they not been in hospital; or
- Since 07/04/97, they were getting unemployability supplement at the time of death and their pensionable disablement was at least 80%.
In some circumstances an unmarried partner or same-sex partner, who was not a civil partner, can also qualify.
If your late spouse/civil partner was getting a war disablement pension when they died you will not be awarded a pension automatically - you have to apply. However, if they were getting constant attendance allowance or unemployability supplement prior to their death, a temporary allowance is paid automatically for the first 26 weeks. This is based on the rate paid to the spouse/civil partner before their death.
You cannot be paid a Surviving Spouse/Civil Partner's pension as well as a national insurance (NI) bereavement benefit or widow's pension, but a Surviving Spouse/Civil Partner's pension is tax free and normally paid at a higher rate. You can also get benefits based on your own NI contributions, such as state pension or incapacity benefit, on top.
A Surviving Spouse/Civil Partner's pension is currently £127.25 a week, and is £124.90 a week for a dependant who lived as a spouse/civil partner.
A supplementary pension of £85.12 a week is paid on top of the basic amount if your late spouse's service ended before 31/03/73. This is totally disregarded for means-tested benefits.
Extra allowances that can be claimed include age allowances of £14.50, £27.90 or £41.35, and child allowances.
Before April 2002, widowers could claim a pension only if they met extra conditions, including being 'incapable of self support'. So if you have had a claim refused in the past because you did not meet the 'extra conditions', you should reclaim immediately. You may be able to claim help with funeral costs.
DIAL Disclaimer
Whilst all the information given in this document was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.
