The Legion’s Insult to Injury campaign is calling on Welsh Government to change existing guidelines so that War Pensioners (injured before 5th April 2005) are treated fairly in the social care system. Currently, War Pensioners will routinely find that their local authority takes all but the first £10 per week of their military compensation to cover the costs of their care. However, those veterans injured after 6th April 2005, who receive compensation via the Armed Forces Compensation Scheme, are able to keep all of their compensation when they access social care.
It is unfair that War Pensioners are treated differently to other injured veterans. It is also unacceptable that War Pensioners are treated less favourably than civilians who have been injured in the work place, who are able to place compensation awarded into a trust fund, which is exempt from means tests for social care. Our campaign is seeking to end this breach of the Armed Forces Covenant principle of ‘no disadvantage due to service’.
The Welsh Government have now issued a response to our campaign – please see below:
“The Welsh Government is committed to ensuring serving armed forces personnel, veterans and forces’ families have access to services which meet their specific needs and ensure they are not disadvantaged as a result of their service. Our productive relationship with the Royal British Legion has helped to secure this. Welsh Ministers appreciate the concerns raised over the treatment of the war disablement pension within the financial assessment for charging for social care and support and fully understand the view that the current treatment disadvantages those veterans in receipt of a compensation element of this. As a result of what would appear to be a different approach taken in the treatment of different types of military compensation awards, they are giving fresh consideration to this issue.
A new financial assessment and charging framework for social care and support is being developed for April 2016 as part of implementing future arrangements for care and support in Wales under our Social Services and Well-being (Wales) act 2014. In developing that framework we shall be considering the current disregards in the charging arrangements and how they are applied at present, including those relating to armed forces awards. This is to be able to establish what we consider should be the disregards in that future framework. The draft regulations and draft code required to introduce these future charging arrangements will be consulted upon shortly”.
Welsh Government – 25th March 2015.