Claiming a War Pension

Document Cited authorities (9) Cited in Related
AuthorAndrew Bano
Pages7-13

Chapter 2


Claiming a War Pension

THE SCOPE OF THE WAR PENSIONS SCHEME
2.1 The War Pensions Scheme covers all regular and reserve1ex-service personnel, including the Ulster Defence Regiment2(now the Royal Irish Regiment), the Home Guard3and nursing and auxiliary services. There are similar schemes covering other personnel including civil defence volunteers, civilians disabled due to enemy action in the Second World War, merchant seamen and members of the naval auxiliary services or coastguard, and members of the Polish Forces under British command or in the Polish Resettlement Forces.

2.2 The scheme applies to disablement or death which is due to service before 6 April 2005.4Irrespective of the date when a claimant’s service in the armed forces comes to an end, claims in respect of any injury prior to that date must be made under the War Pensions Scheme. Unlike the Armed Forces Compensation Scheme, awards under the War Pensions Scheme cannot be made for any period prior to the termination of service.5Claims for disablement or death due to service on or after 6 April 2005 must be made under the Armed Forces Compensation Scheme. Except for a claim for a funeral payment,6there is no time limit for making a claim under the War Pensions Scheme, although claims made before the end of the period of 7 years from the termination of service are subject to a burden and standard of proof which is more favourable to the claimant.7

1The term ‘member of the Reserve or Auxiliary Forces’ is defined in SPO 2006, Sch 6, para 38.

2By Orders made under the Ulster Defence Regiment Act 1969.

3In relation to injury or death due to service after 27 April 1952, by Orders made under Home

Guard Act 1951, s 1(4).

4SPO 2006, arts 5(1) and 22(1).

5SPO 2006, art 5(2).

6See para 10.20.

7See paras 3.1–3.4 and Chapters 4 and 5.

8 War Pensions and Armed Forces Compensation – Law and Practice

However, a delay in claiming may result in a loss of benefit due to the limits on backdating awards (see Chapter 7).

MAKING A SERVICE PENSIONS ORDER CLAIM
2.3 Prior to 1997, a claim for war pension did not have to be in any particular form. However, amendments to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 19838(SPO 1983) introduced in that year9made it a requirement for claims for war pension benefits to be in a form prescribed by the Secretary of State. Article 34(1) of the SPO 2006 now provides that:

(1) ... it shall be a condition precedent to the making of any award of any pension, allowance, supplement or lump sum payment mentioned in paragraph (2) (including any such award which follows an earlier award and an award which is the restoration of an award referred to in article 33[10]) that the person making the claim shall have—

(a) completed and signed a form approved by the Secretary of State for the purpose of claiming an award payable under this Order; and

(b) delivered that form either to an appropriate office[11] of the Secretary

of State or to an office of an authorised agent.[12]

Under article 34(2A) of the SPO 2006, a claim under article 8(6) for constant attendance allowance for a claimant who is terminally ill13can be made on the claimant’s behalf without the claimant’s knowledge or authority. Claims under article 2914for pensions for orphans, or under article 3115for unemployability supplement payable in respect of children who are not children of the claimant,

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