Other Awards in Respect of Disablement
| Author | Andrew Bano |
| Pages | 67-80 |
Chapter 9
Other Awards in Respect of Disablement
CONSTANT ATTENDANCE ALLOWANCE AND ASSOCIATED BENEFITS
Constant attendance allowance
Entitlement and rates of allowance
9.1 Prior to 2001, the SPO 1983 provided for entitlement to constant attendance allowance at two rates, but in the exercise of his discretion
(i) the part day rate where the necessary attendance consists of frequent or regular attendance for periods during the daytime which total not less than 4 and not more than 8 hours per day;
(ii) the full day rate where the necessary attendance consists of:
Amendment Order 2001 (SI 2001/409).
68 War Pensions and Armed Forces Compensation – Law and Practice
(a) frequent or regular attendance for periods during the daytime which total not less than 8 and not more than 16 hours per day; or
(b) frequent or regular attendance for periods during the daytime which total less than 8 hours per day and attendance on two or more occasions per night;
(iii) the intermediate rate where the necessary attendance consists of:
(a) frequent or regular attendance for periods during the daytime which total not less than 8 hours per day and attendance on two or more occasions per night; or
(b) frequent or regular attendance for periods at night which total not less than 8 hours and during the daytime for periods which total not less than 4 hours per day;
(iv) the exceptional rate where the necessary attendance consists of continual attendance throughout the day and night.
In Secretary of State for Defence v CM (WP),
Satisfying the attendance requirements
9.2 In MC v Secretary of State for Defence,
Order 2009 (SI 2009/706), art 3(b).
enable a severely disabled person to lead as far as reasonably possible a normal life. Neither the word ‘constant’ nor the word ‘continual’ means literally non-stop or uninterrupted, and ‘constant’ is not an independent condition, but a reference to the more detailed provisions in the conditions of entitlement to each of the various rates of constant attendance allowance. The same judge held in CAF/1268/2011
Knowles QC (as she then was) held that point (iii) (a) in para 9.1 is only satisfied if a claimant requires attendance on two or more occasions each night, together with frequent or regular attendance for periods during the daytime totalling not less than 8 hours each day, i.e. that attendance which is required on two or more occasions on some nights is not enough.
Exceptionally severe disablement allowance
9.3 Claimants with a permanent disablement who are in receipt of constant attendance allowance at either the intermediate rate or the exceptional rate, or would be if they were not in a hospital or similar institution,
Severe disablement occupational allowance
9.4 Claimants who receive constant attendance allowance at either the intermediate rate or the exceptional rate and who are ordinarily employed in a gainful occupation are entitled to severe disablement occupational allowance
except during periods when they are:
(i) eligible to receive a personal unemployability allowance;
(ii) in receipt of a ‘personal benefit’ under Part 2 or Part 3 of the Social Security Contributions and Benefits Act 1992 or the corresponding benefits in Northern Ireland, i.e. retirement pension and certain other
70 War Pensions and Armed Forces Compensation – Law and Practice
category A or B retirement pensions,
(iii) in receipt of a state pension under Part 1 of the Pensions Act 2014;
(iv) in receipt of a non-UK benefit similar to a personal benefit.
Constant attendance allowance under earlier schemes
9.5 Article 71(4) of the SPO 2006 provides for recipients of constant attendance allowance under previous schemes to be paid at the rates specified by Part IV of Schedule 1.
CLOTHING ALLOWANCE
9.6 Recipients of retired pay or a pension are entitled to clothing allowance
if either:
(i) they are in receipt of retired pay or pension in respect of an amputation and regularly wear an artificial limb; or
(ii) as a result of the disablement which gives rise to an award there is exceptional wear and tear of the claimant’s clothing.
In CAF/656/2006,
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