Regular and ex-regular members of the following are eligible for the scheme-
- Royal Navy;
- Royal Marines;
- Royal Air Force;
- Regular Army;
- Gurkhas;
- Military Provost Guard Services;
- Royal Irish Home Service (including part time).
Memembers and ex-members of the Reserve Forces as defined in the
Reserve Forces Act 1996 are also eligible.
The scheme only applies to death injury or illness caused by service after April 5th 2005. For any events
that occurred prior to that date the rules of the War Pensions Scheme will apply.
In cases where death is not wholly caused by service, benefit will only be paid if service is the predominant (ie more than 50%)
cause of death.
Benefit will be paid if it can be shown that death was caused where:
- service occurred on or after April 6th 2005
- the cause of death was on or after 6th April 2005;
- death either occurred in service; or
- where death occurred within the period of 5 years beginning with the day on which service ends and was caused by an injury which was caused by service
or the worsening by service of an injury which existed before or arose during service and which was not caused by service; or
- the death occurred more than five years after the day on which service ends and the death is caused by a late onset illness which was caused by
service or the predominant cause of the death is an injury for which an award of injury benefit has been made where the lump sum fell within levels
1 to 9 of the tariff.
Benefit is also payable for injury or illness in the following circumstances:
- injury or illness arising in-service on or after 6 April 2005 causing
permanent disablement.
- injury or illness arising in-service on or after 6 April 2005 causing
temporary disablement.
- injury or illness caused by service on or after 6 April 2005 but which
arises after retirement.
Benefit will be paid for injury or death arising from peace keeping and enforcement duties and acts of terrorism
and "other warlike activities directed at service personnel".
Benefit is also payable for those whoe injuries or illness have been made worse by service:
- for a condition which may have been sustained prior to entry into the Armed Forces and was recorded in
the report of the medical examination on entry;
- was sustained before entry to the service but without the individual's knowledge and the unjury was not found at medical examination on entry;
- arose during service but was not caused by service
- and in each case service was the predominant cause of the worsening and the injury was made worse by service on or after
6th April 2005.
The rules state that compensation won't be paid for a worsening condition if the claimant knew about the condition but did not disclose it on entry
to the Armed Forces.
For those conditions that were present on entry and worsened by service, compensation will only be paid where service is the predominant cause of the worsening
and must in medical down grading for at least six months unless the person is discharged within that period.
In all worsening cases, compensation will not be paid until service ends.
Sporting Activities.
Compensation will be paid for injury, worsening and death whilst involved in physical activities recognised
as on duty in Table A.
approved as-
- Sporting activities as a player, a referee (or equivalent), an organiser or a representative of a particular sport or sporting organisation when-
- The sport is declared as an event in "synopsis", a recognised sport, as individual or collective training as detailed in
Table B, which enhances the fitness,
initiative and endurance of memembers of the Armed Forces, or
- playing approved sports as detailed at Table B, but only when
involved in Inter Service and individual Service championships; and
- the relevant Service authority has authorised the sport and recognised the particular event and the organisation and training
for it;
- undertaking physical fitness and swimming tests, approved by the relevant Service, which are undertaken for the purpose of meeting and
maintaining the physical standards required of members of the Armed Forces; or
- physical fitness training involving a regular programme of activity using a Service recognised method of delivery involving components of
physical development or swimming competencies;
- adventurous training courses or adventurous expeditions during training phases and in full service approved by the relevant Service in
accordance with Joint Service Publication 419.
Those activities which are classed as "other sports" in
Table B are not eligible for compensation nor are those activities undertaken with civilian
companies, organisations and teams- with the single exception of the Prince's Trust
Table A sets out
the difference between those activities that are deemed to be "on duty" (and therefore qualify) and those which are "off duty" and don't
qualify. Table B sets out the status of each activity with respect to each of the three services.
Travel
Compensation may be paid for death, injuries or worsening incurred during various types of journey-
- When travelling from home or regular place of work to a place of work which is not a regular place of work or while travelling back again except
where the travel is during a period of leave.
- When travelling from a place of work which is not a regular place of work to another place of work which is not a regular place of work.
- When moving from one regular place of work to another and is travelling from home or what was a regular place of work to a place of work
outside the United Kingdom which is to become a regular place of work or is travelling from what was a regular place of work outside the United Kingdom
to home or to a place of work which is to become a regular place of work.
- Is required to reside in accommodation provided by the Ministry of Defence for families of members of the forces at a distance of over 50 miles
from a regular place of work and is travelling by a reasonably direct route from that accommodation to that place of work or while travelling back
again.
- When travelling to or from his home or place of work and back again to take part in an on duty sporting activity.
The guidance makes it clear that it is not the intention of the scheme to cover travel between home and place of work.
What isn't covered
Nothing will be paid for injury death or worsening caused by-
- the use or effect of tobacco;
- the consumption of alcohol;
- medical treatment of an injury- medical negligence is not covered unless where the individual is on miltiary operations overseas and the relevant medical
facilities are limited;
- the non-therapeutic use of drugs;
- consensual sexual activities;
- except where worsening has been predominantly caused by service, events, experiences, exposures and activities occurring before individual
entered service.
Nothing will be paid an illness or any associated condition caused by an illness which is-
- caused by a single gene defect or is predominatly hereditary in origin such as cystic fibrosis, Huntingdon's chorea, muscular dystrophy and
haemophilia A and B;
- a personality disorder;
- an endogenous infection such as appendicitis, prostatitus, pancreatitis;
- An exogenous infection except where the infection is a zoonosis or is endemic to a tropical or sub-tropical region and personnel infected have
been exposed to the infection in the course of their service such as anthrax, cholera, malaria, typhoid, plague or where, in a temperate region, there has
been an outbreak infection in service accommodation such as food poisoning, tuberculosis, meningitis;
- A self-inflicted injury whether or not causing death except where the self inflicting of injury is a result of a mental disorder caused by service.
