Public Policy eNews - 19 August 2008

Welcome to the fourth edition of the Legion’s policy eNewsletter. We hope you find this a useful source of updates on government policy, Legion campaigning and welfare benefit developments.

The Legion at Work

The Command Paper
Troops and their families are set to receive a better deal following the publication of the MoD’s Service Personnel Command Paper. The paper, titled "The Nation’s Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans", outlines a series of changes to the current Government policy, most notably the increase of compensation from a £285,000 lump sum to £570,000 for the most seriously injured. Other benefits will include improved access to NHS dental care for forces families, and service leavers will be entitled to free degree-level education, provided they have completed six years in the forces.

The Command Paper marks the first time a cross-Government strategy has been issued for forces personnel, their families and veterans. Defence Minister Des Browne, said: "Our armed forces are truly inspiring – every day they risk their lives to keep us safe – and it is a fundamental duty of Government to support them and their families.

"This Command Paper presents a package of measures that will make a real difference to the everyday lives of our forces and their families. It will improve their access to public services and, for the most seriously injured, it will ensure a significant increase in the amount of compensation that they get paid. I think it offers significant progress and we now have to make sure we deliver that change."

The Legion has welcomed the changes outlined in the Command Paper. Director General Chris Simpkins said: "This is a triumphant day for the Legion’s campaign to Honour the Covenant. The Covenant is being brought back into balance, and I congratulate the Government for putting a mechanism in place for the Legion, and other service-related charities, to monitor the health of the Covenant for years to come."

The Legion, which served on the External Reference Group to the Command Paper, and submitted 38 pages of recommended improvements, will continue to monitor the Government’s delivery against its commitments, reporting annually to the Prime Minister.

To view the Command Paper in full, visit the MoD website.

Return to Rationing?
In the last edition of the newsletter we announced that July would see the launch of Return to Rationing?, the Legions' joint campaign with Age Concern. As the Command Paper was released in July the new campaign has been rescheduled for early September. A special 'Return to Rationing?' eNewsletter will be produced to coincide with the campaign launch date.

Research - current and future care needs in Spain
The Legion has engaged with the Centre for Future Studies (CFS) to carry out research amongst the ex-Service community residing in Spain. The research will be assessing the size and demographics of the ex-Service population as well are their current and future ongoing care needs. Initial work has begun. Meetings have been held with the Chairmen in both Legion Districts in Spain and relevant organisations. The first phase of the study is nearing completion, the next step will be a series of focus groups and a survey for members. If you would like any further information please get in touch with the relevant Chairman in Spain or email Lisa Wise on lwise@britishlegion.org.uk.

Support for Bereaved Armed Forces Families
On 14 July, the Legion and the War Widows Association hosted an event with bereaved Armed Forces families to discuss how support services can be improved. This event was the first of its kind, and was only possible thanks to the support from the Ministry of Defence. Issues covered included information and support from the Ministry of Defence, financial and legal advice and personal issues such as contacting the next of kin and personal effects. Participants were also able to share their views with the Minister for the Armed Forces Mr Bob Ainsworth MP, the Deputy Chief of Staff for the Armed Forces and the Adjutant General, who all attended the last session of the day. We were able to gather a significant amount of information, which will help us progress issues in this area. The next meeting on the issue with the Ministry of Defence will be held in early September. We are very grateful to all those who participated.

Gulf War Veterans Parliamentary Event
The Rt Hon Lord Morris of Manchester and the Legion hosted a parliamentary event for veterans of the Gulf War 1990-91 on 17 June at Westminster. The focus for the debate was the medical countermeasures undertaken during the first Gulf War. The debate was chaired by the Chairman of the Gulf War Group, Ms Sue Freeth and conducted by the Minister for Veterans Mr Derek Twigg MP, Professor Simon Wessely, Professor Jack Melling, Mr Ray Bristow (The National Gulf Veterans and Families Association) and the Rt Hon Lord Lloyd of Berwick (author of the Independent Inquiry into Gulf War Illnesses). The event was also attended by around 20 Gulf Veterans who were able to questions the experts in attendance. The Legion is now seeking a further meeting with the Ministry of Defence in the hope of brining some closure on this issue for the 7,000 Gulf War veterans in receipt of a War Pension. We are also now eagerly awaiting the latest report on scientific research from the United States, due in September.

Policy Update

Concerns over compensation for noise-induced hearing loss
The Pension Appeal Tribunal (PAT) has raised concerns over the case of an ex-Serviceman whose hearing loss in one ear was accepted as being due to Service, and was serious enough to lead to medical discharge, but was not judged serious enough to attract an award under the AFCS. The PAT questioned the situation in which a member of the Armed Forces could be injured sufficiently to end their career but would still not receive an award from the scheme designed to compensate for such injuries. The PAT also queried the definitions of "hearing loss" and "deafness" used by the AFCS and decided that the Serviceman should be compensated under the AFCS. It is likely that the Secretary of State will appeal the decision - we will be sure to you keep up-to-date with any development in the case.

Ministry of Defence records

The Ministry of Defence is undertaking a public consultation on transferring some of its personnel records to the The National Archives. The records immediately proposed for transfer include personnel who served up to 1939 and in the Home Guard during the Second World War, but eventually the MoD wants to transfer all records up to the end of National Service in 1963. The public consultation aims to establish whether there is a danger of data protection legislation being infringed due to the transfer. For more information on the proposals or to take part in the consultation please contact Charlotte Tailby on ctailby@britishlegion.org.uk or 0207 302 7142.

Far East Prisoners of War and Civilian Internees
The Ministry of Defence are now considering claims for compensation for injury to feelings resulting from discrimination on grounds of national origins from persons of non-UK national origins whose claim under the UK’s ex-Gratia Payment Scheme for ex-Prisoners of War and civilian internees was rejected under the birthlink criteria. Claimants who think they are entitled to compensation should write to the Service Personnel and Veterans Agency setting out the basis on which they consider themselves entitled to make a claim for indirect discrimination under the Race Relations Act 1975. The cut off date for receipt of applications is 31 December 2008.

Welfare Benefits

Planning a move abroad or already living outside of the UK? 
Age Concern England has developed it’s website to include specific information for you. Find out what you should consider before you make the move, hear from people already living abroad and access valuable information to help you resolve problems. Whether you are planning to move or are already living abroad, this website will provide you with interesting practical information and avenues for further support. Visit the web at www.ageconcern.org.uk/AgeConcern/living-abroad.asp

Benefits to be paid fortnightly in arrears from April 2009
The Department for Work and Pensions (DWP) has confirmed that benefit payments for most working-age claimants will in future be paid fortnightly and in arrears. The changes will be made for working age benefits - excluding carer's allowance, disability living allowance and industrial injuries benefit - from April 2009. There may be the possibility of some claimants continuing to receive weekly payments such as those with terminal illnesses, and those with severe debt problems.

Employment and Support Allowance
Employment and support allowance (ESA) is a new benefit that will be introduced on 27 October 2008. ESA will replace new claims for incapacity benefit, and for income support paid on the basis of 'disability'. A new 'work capability assessment' will replace the current 'personal capability assessment'. The introduction of ESA is a major change to the benefits system. Child Poverty Action Group’s website has a good range of information for benefits advisers.

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