War Pensions: Complaints

(asked on 19th February 2021) - View Source

Question to the Ministry of Defence:

To ask the Secretary of State for Defence, whether his Department has made an assessment of the potential merits of introducing referral to the Independent Case Examiner as a stage in the complaints process for complaints relating to war pensions.


Answered by
Johnny Mercer Portrait
Johnny Mercer
This question was answered on 23rd February 2021

Defence Ministers are satisfied that the complaints process relating to War Pensions Scheme (WPS) claims is fit for purpose and operating effectively. There are no plans to change the review or appeals process at this time.

Case reviews can be carried out at the request of an individual who states that an existing decision should be reviewed. This will usually occur where an individual's claim for a War Disablement Pension (WDP) or a War Widow/ers Pension is refused or, in the case of those already in receipt of a WDP, where the individual feels that their condition has worsened. If an end date has been imposed for payment of a condition, a review can also be carried out either by Defence Business Services (DBS) Veterans UK or imposed by a tribunal.

Although it is not a mandatory requirement to provide evidence, DBS Veterans UK will examine any evidence provided by an individual to support their request for review; this may include a letter from a general practitioner, hospital case notes or any other official record which confirms that an individual has sought medical treatment for the accepted disablement since they were last assessed. DBS Veterans UK may in addition gather further evidence such as a report from a general practitioner or consultant.

If an individual is unhappy with a decision made in relation to a claim under the WPS, in most cases they may appeal that decision to an independent tribunal. These tribunals deal solely with Armed Forces compensation cases and each consists of a legally qualified Chair, a medical member and an ex-Service member. In England and Wales, appeals are heard by the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. Appeals from claimants living abroad are dealt with by the Tribunal covering England and Wales. In Scotland and Northern Ireland, appeals are heard by a Pensions Appeal Tribunal. The circumstances of each case will be different, and the individual will need to give the reasons why they disagree with the decision.

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