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Navy Pension or War Disablement pension??

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  • August 30, 2006 at 12:08 pm #22681
    Karen
    Participant

    I have a case where the clmt has appealed because we have now taken his navy pension into account as a private pension.

    He states it should be disregarded and classed as a war disablement pension and quoted an old income support decision that states that a pension paid from the navy due to a disability should be classed as a war disablement pension with relevant £10 disregard ( R(IS) 3/99 ).

    He also gets a war disablement pension that we have fully disregarded .

    After reading Schedule 4, 14 C that states [i:cdc6eddca3]”a pension payable to a person as a [widow, widower or surviving civil partner] under the Naval, military and Air Forces Etc (Disablement and Death) Service Pension Order 1983” [/i:cdc6eddca3]would be eligible for the £10 disregard,

    So, do we have to disregard the pension and class it as a war disablement pension because of the CD or can we take the £10 disregard only because of the HB regs? Can a person have 2 war disablement pensions ?

    August 30, 2006 at 1:02 pm #9117
    Julian Hobson
    Participant

    This is useful too

    http://home.clara.net/hywels/commrs/cis/is27698.htm

    In a nutshell, the real issue is the basis upon which the service pension was awarded. If its a straight “thanks for your long service and goodbye” then its an Occ pen. If its “thanks very much but we feel that your RSI caused by machine gun rattle is affecting your aim, goodbye2 the its War disablement.

    You can’t assume that because a WDP is payable by the war pensions bods that this will automatically be a WDP too. Entitlement to a WDP might not immediately follow leaving the force as the disablement might not come to light immediately.

    You will need him to prove that he was invalided out and didn’t simply do his time.

    If he was invalided out then disregard the lot after adding it to the Gross WDP figure (still only one £10.00 which you’ve already given) and i presume the rest is disregarded under local scheme. If no Local Scheme you don’t disregard anymore than the one £10.00.

    If he wasn’t invalided out then its an OCC pen and taken into account fully.

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