War Widows' Pensions (Tina Thompson)

Part of the debate – in the House of Commons at 12:09 am on 25 March 2008.

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Photo of Derek Twigg Derek Twigg Parliamentary Under-Secretary (Ministry of Defence) (Veterans) 12:09, 25 March 2008

I can assure my hon. Friend that we are not hiding behind a point of law. I have drawn the House's attention to the decision of the independent pensions appeal commissioner and his findings on this case. I cannot go into the details of the case because there is an appeal pending, and I am sure that my hon. Friend will understand that.

The award under the armed forces compensation scheme, which came into effect in April 2005, compensates for pain and suffering and is made under a tariff-based system, which is informed by existing established models such as the Judicial Studies Board's guidelines for the assessment of general damages in personal injury cases and the criminal injuries compensation scheme. The most seriously injured are also awarded a guaranteed income payment. This is a tax-free, index-linked payment made every month from discharge. Between the lump sum and the GIP, individuals can receive hundreds of thousands of pounds over a lifetime. Unlike other compensation schemes, the armed forces compensation scheme has no monetary cap.

We have monitored the scheme closely in the light of experience and the scheme is due for a full review in 2010. At the end of last year, we recognised that the scheme was not fully meeting its policy intent of focusing resources on the most seriously injured. We have made changes to the rules relating to those who have suffered multiple injuries from a single incident to reflect better the serious and complex nature of some of the injuries that servicemen and women were receiving on operations. Because of improvements in body armour and medical care, people are surviving injuries that they might not have survived just a few years ago.

The scheme also provides for the families of those who lose their lives due to service. In such cases, a survivor's guaranteed income payment is made to the husband, wife, or civil partner for the rest of their lives—regardless of their own financial position or any future changes. This payment is based on 60 per cent. of the guaranteed income payment that the spouse would have been eligible to receive. There is also a child's payment awarded to the deceased's children and paid until the child is aged 18, or 23 if they remain in full-time education. This is set at 25 per cent. of the guaranteed income payment if there is one child, or, if there are more, the remaining 40 per cent. of the GIP is split between them. There is also a lump sum bereavement grant of up to £20,000 paid to the surviving spouse.

I am sure that the House will agree that while no amount of money can adequately compensate a family for the premature death of a husband or wife, a father or mother, the armed forces compensation scheme provides an appropriate level of no-fault compensation both for those injured and for the families of those killed as a result of their service in the armed forces.

Of course, the armed forces compensation scheme is not the only scheme to provide financial support for the family of deceased servicemen and women. Provision is also made under the armed forces pension schemes, and this is particularly relevant for those whose family members die while serving in the armed forces but not actually due to service.

Under the rules of the armed forces pension scheme 1975, for those cases where death occurs while in service but not due to service, a pension is paid to the surviving spouse or civil partner. Initially this will be a short-term family pension equal to the daily rate of pensionable pay. This is paid for the first 91 days, or for twice that if there are children. Thereafter the surviving partner receives a pension set at 50 per cent. of the level of pension that would have been payable to the serviceman or woman had they survived, but instead left service on the date they died. Any children receive a share of the remaining 50 per cent. of the pension, up to a maximum of 25 per cent. for a single child. The surviving spouse will also have received a lump sum payment equal to either three times the member's annual pension or twice the full invaliding rate of pension applicable to the rank of the individual involved, whichever is greater.

In 2005, the 1975 pensions scheme was closed to new entrants, and a new, more modern scheme introduced. All existing members of the 1975 scheme were given the opportunity to transfer to the armed forces pension scheme 2005, which remains the extant scheme. This provides for a tax-free lump sum payment of four times pensionable pay—an increase in what would have been payable under the 1975 scheme. It also provides for a pension based on the pension that the individual would have received had they been medically discharged, enhanced by half the remaining time the individual would have been expected to serve up to the typical pension age of 55. Dependants can also receive a pension.

It is important to understand that these substantial death-in-service benefits are available to surviving spouses, irrespective of the circumstances in which the serviceman or woman died. This distinguishes them from the additional payments available under the armed forces compensation scheme, which are only payable if a death is due to service, but ensures that no family is left without a means of support.

To give an illustration, and depending on earnings and age, for a sergeant that could equal a tax-free lump sum payment of more than £100,000, and a taxable pension in the region of £6,000 a year. In addition, the monthly payment to any children would further increase the size of the total award. To reiterate, these awards are payable to the family of any individual who dies in service, regardless of whether they are eligible for additional awards under the armed forces compensation scheme.

No amount of money can adequately compensate for the loss of a loved one. Additional awards are made to those families whose loved ones die while they are on duty, or for whom their service is the predominant cause of death. That is only appropriate, but the Ministry of Defence can and does ensure that any family left behind have some time and space to adjust to their loss without financial worries. It also provides ongoing support to any spouse or children left behind.

We want members of the armed forces and their families to get the fair deal that they deserve, and we will provide support in all circumstances, especially when the worst possibilities come to pass. I am sure that the House will agree that a lot has been done to support armed forces personnel and their families.

My hon. Friend the Member for Stourbridge has raised some important points about what is a very difficult case, with which she has been closely involved. While the appeal that is taking place means that I cannot comment on the details, I repeat that I am concerned to hear that Mrs. Thompson does not believe that she had the support that she should have had from the time of her bereavement. My hon. Friend said that Mrs. Thompson was last contacted by a welfare officer in 2005, and that there are problems to do with the coroner's inquiries and personal effects. I repeat my earlier promise that I will get back to her as soon as possible with the information that she needs for her constituent.

Question put and agreed to.

Adjourned accordingly at twenty-one minutes past Twelve o'clock.