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Pension Entitlement (Service Widows)

Answer

It has been the policy of successive governments, applied to all public sector schemes and in accordance with common law principles, that an individual cannot receive double payment for loss of earnings and support where such compensation has been awarded by two different routes for the same incident. The Ministry of Defence has no plans to change that policy.The armed forces occupational pension schemes pay death benefits regardless of whether the death was caused by service. This standard level of widows pension is not reduced by any common law compensation award.Where the death of the serviceman has been caused by service in the armed forces, the widow may receive compensation. Where the cause of death was on or before 5 April 2005, this would be by way of a War Widow’s Pension under the War Pensions Scheme (WPS). This pension is paid in full. In addition, an enhanced rate of widows pension under the occupational pension scheme may be paid, which includes an element for loss of earnings and support. It is only this final element that may be affected by a common law compensation settlement, where that settlement also includes an element for loss of earnings and support.Where the cause of death was on or after 6 April 2005, the widow may receive compensation under the Armed Forces Compensation Scheme (AFCS), which replaces both the WPS and the enhanced elements of the occupational scheme. Because the AFCS benefits will normally be paid before any common law compensation settlement, arrangements are in place to reduce the common law compensation instead of seeking to claw back the AFCS benefit that would already be in payment.

Secondary information

Type

Written question

Reference

71528; 446 c1331-2W;446 c1332W

Session

2005-06

Related items

Iraq: Military Casualties
Monday, 5 June 2006
Written questions
House of Lords

Subjects

Pensions War widow(er)s

Link

View this Written question on www.publications.parliament.uk