Public Policy eNews - 17 February 2009

Welcome to another issue 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. If you know anyone else who would like to receive it, they can subscribe at www.britishlegion.org.uk/esubscribe.

Politics and Policy

The availability of health and social care in France, Portugal, Cyprus & Germany
The Legion and Age Concern England have jointly commissioned a study from the University of Liverpool.  The work entitled "An International Comparison of Health, Social Care and Welfare Legislation and its effect on Older British Nationals' Mobility in the European Union" assesses the support services available to Britons living in France, Portugal, Cyprus & Germany.

The researchers have reviewed national and European legislation, identified services currently provided and highlighted gaps in health and social services for people who choose to retire abroad.  The study also uses case studies which provide a useful resource for demonstrating availability of provision in different countries.  Both the summary and full report can be read on the Legion website.

Return to Rationing?
The ‘Return to Rationing?’ campaign continues to raise awareness of poverty amongst older members of society. The Work and Pensions Select Committe responded to the campaign, along with the work of other organisations, and announced a new inquiry; 'Tackling Pensioner Poverty in Great Britain'.

This will cover seven key areas, three of which relate directly to the ‘Return to Rationing?’ campaign. In particular  the inquiry will ask what more the Government can do to address pensioner poverty and what can be done to improve take up of benefits.  The Legion will be provide a written submission to the inquiry and will also request the opportunity to provide oral evidence to Committee when it sits after Easter.

The Coroners & Justice Bill
The Coroners & Justice Bill is currently in committee stage following its second reading in the House of Commons on 26 January.  The Bill proposes new legislation that will significantly reform the Coroners system including introducing national leadership from a new Chief Coroner for England and Wales and giving bereaved people the right of appeal against coroner’s decisions.

The Legion has a keen interest in this Bill as all deaths overseas are repatriated and subject to inquest, including  all deaths during military operations.  Whilst the Bill offers significant improvements to the inquest system, and support and access for families it is also looking to introduce measures that will allow some inquests to be held without a jury, where  certified by the Secretary of State.  This might occur to protect the interests of national security or to protect the relationship between the UK and another country, for example, and would deny access to the inquest to the family.
 
The Legion has concerns regarding the need to hold inquests in secret to protect foreign relations, as many "friendly" fire incidents will fall under this category, there are also concerns regarding the "catch all" clause of "otherwise in the public interest".  Further details of the content and implications of the Bill are available in a briefing the Legion has produced for MPs.

Gulf War Parliamentary Activity
Following the publication of the US Research Advisory Committee’s comprehensive report on the scientific findings and recommendations regarding Gulf War Illness and the Health of Gulf War Veterans, there has been significant parliamentary activity. The Legion has produced a summary of these discussions.

Welfare developments

Attendance Allowance
During December 2008 Age Concern England, representing one of their clients, scored a victory at a Commission for Social Security hearing regarding the exportability of Attendance Allowance (AA) within the European Union (EU).  The Commission ruled that, despite Government refusal, under EU law AA should be continued to be received by someone who has moved to another EU country whilst in receipt of the benefit.  This development may be of benefit to any disabled Legion beneficiaries residing outside of the UK but within the EU. 

Access to health services
The Department of Health has produced a new leaflet designed to help regular Armed Forces personnel, their families and veterans understand how to access health services in England and what to do if things go wrong.

National Insurance credits for Armed Forces spouses
The Department for Work and Pensions (DWP) has announced that it is  giving consideration to awarding Class 1 National Insurance (NI) credits to spouses and civil partners of Service personnel posted overseas.  This follows last year's Command Paper in which the DWP committed itself to the principle that family dependants of Service personnel should not be put at a disadvantage when claiming benefits and allowances just because they are members of a Service family.  Details of the current regulations and the department’s plans are available in this DWP factsheet . 

Effect of marriage or civil partnership on entitlement to War Pensions
New regulations have been issued in relation to the effect on War entitlement of marriage or civil partnership. Statutory Instrument No.82/2009 brings into force, from 26 January 2009, new regulations relating to the impact of remarriage on entitlement of War Pensions to widows, to ensure that the same rules are applied in relation to widowers and in relation to civil partnerships.

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