Pensions for the Injured of the Troubles – A means of Recognition
The recent study commissioned by WAVE Trauma Centre entitled ‘The needs of individuals and their families injured as a result of the Troubles in Northern Ireland’[1] focused on the difficulties experienced by injured survivors. The research involved individuals who had been injured and disabled in a variety of incidents and circumstances, from a diverse range of backgrounds and opinions. There was a strong consensus of feeling by many of the participants that their pain and suffering through the years had been ignored, and that little consideration had been given to the everyday realities of coping with injury. This lack of recognition and support is a source of ongoing injustice to this group.
As a means of recognising and addressing continuing practical needs of injured persons and their carers, we advocate a special Victims and Survivors or Conflict pension. This briefing paper looks at similar schemes which have been put in place across Europe and other parts of the world. Whilst there is no uniform minimum standard or criteria upon which these schemes are based, it is clear that provision provided in NI is falling well short of that provided in other countries, and that Victims of the Troubles are being treated less favourable than Victims from other conflicts, including those other conflicts in which the UK has been a participant.
There is further inequality which needs to be addressed between the support provided to those injured who have been part of the Security Services, and civilians who have been injured. Many service personnel have guaranteed minimum income clauses built into their pension scheme, ensuring that they will never be left impoverished. By contrast, others who were injured have been unable to return to work or unable to continue in the type of work they had previously undertaken. This directly impacted upon their ability to acquire a pension. As this group of people age, and health deteriorates, day to day life and the cost of living is becoming harder.
Injured survivors are left with the question, why in a so called modern liberal progressive democracy, where government has stated its commitment to the Injured and Dealing with the Past, has no action been taken to address the inequalities suffered within the victim population as a whole and in comparison to victim populations in neighbouring territories?
The following is a roundup of schemes that have been put in place following mass conflicts around the world to help alleviate the pain & suffering of individuals and their Carers. We believe that they offer models for a similar scheme for NI.
WAVE is a grass roots cross community charity, with a variety of participants and a spectrum of viewpoints. The schemes that we have examined in other countries use a variety of language to describe their conflicts. Some speak of terrorism, some of civil disturbance and war, whilst others simply talk about conflict. We would point out that we are not advocating any particular viewpoint on how we as a society categorise ‘The Troubles’. We are only seeking to draw comparisons between the situation of Victims and Survivors elsewhere and the inferior quality of life that Victims & Survivors in NI have. Similarly, different countries use a variety of terms to describe injury, invalidity & disability which may or may not be appropriate.
AFGHANISTAN
Afghanistan has a number of funds in place to assist civilian victims of conflict, which the UK government contribute to. The Code 99 fund has assisted 50,000 Afghani people who have been injured. Eligibility is open to civilians injured in any aspect of the ongoing conflict, whether due to activities of International Military Forces, insurgent attacks or Afghan forces activities. There is a further ‘Fund for the Disabled’ known as MoLSAMD, which is similar to a pension scheme. Injured individuals receive 250 to 500 Afghanis a month ($5 to $10), depending on whether they were certified by health officials as 50 or 100 percent disabled. As of January 2009, there were 74,000 disabled persons registered with MoLSAMD and receiving payments.[2] Whilst the amount paid seems small, it has to be borne in mind that Afghanistan ranks within the top 25 places which have the lowest cost of living.
AUSTRIA
Since 2002, Austrian Holocaust survivors living in Austria or abroad are entitled to payments under the Victim Relief Law. Monthly payments range from £115 to £1,200 per month dependent upon category of injury[3]
BELGIUM
Jewish survivors who suffered lifelong disability as a result of persecution in Belgium can apply for pensions under a law passed in 1954. Applicants who can prove war-related disability/invalidity of at least 10% receive special status as a Civilian Invalid of the 1940-1945 War. This status confers a number of benefits such as free public transport, but significantly entitles them to a special pension. The amount varies according to the degree of invalidity. The Law also provides for a pension for surviving spouses who have been carers, called a "reversion pension". Once the injured person becomes deceased, the surviving carer remains entitled to a pension equivalent to 45% of the injured deceased’s pension.[4]
DENMARK
Citizens of Denmark who suffer a disability as a result of persecution during the Nazi occupation may receive monthly payments from the Danish government. Awards vary dependent upon degree of disability and other sources of income, but are capped at a yearly award of around £27,000, paid in monthly increments and subject to tax. Provision is also made for carers who are surviving spouses, who are also entitled to monthly payments upon the death of the injured person, provided they have been married/cohabiting for at least 5 years. The payments for both the injured person and surviving spouse are for life.[5]
FRANCE
Similar to the other countries mentioned, France has made provision for war related disability pensions for civilians called ‘Pensions de Reforme’. Individuals with a war related disability can be eligible to receive a pension of £300 per month.[6]
France also has specific legislation relating to victims of terrorism. Established in 1986 the ‘Guaranty Fund for victims of terrorist attacks’ (known as the FGTI fund) is financed by a tax on property insurance of 3.30 euros (approx £2.60). The tax is applied to car, home and possessions insurance. It provides for immediate compensation and longer term annuities for seriously injured individuals. Further legislation passed in 1990[7], provided civilian injured with the status ‘Civilian victims of war’, entitling them to a number of benefits including access to military rehabilitation units, enhanced benefits and tax exemptions, assistance with travel and a Civilian war disablement pension.
GERMANY
Germany currently pays a number of pensions arising out of acts which took place under the Nazi Regime. Pensions are payable to Jewish victims of persecution, dependant on a variety of criteria, some for forced labour, being forced to live in a ghetto, and others for incarceration in a concentration camp. Basic pensions are paid at a rate of between 135- 270 euro (£107-£215) each month, dependent upon the country where the abuse took place. Additional pension payments are also made to victims who sustained injury[8]
GREECE
Greece has enacted specific legislation to assist Victims of Terrorism. There are certain privileges for children whose parents have become 100% disabled as a result of attacks. These include registration at a university nearby their place of residence, and the option to enter the public service as an employee. The only precondition is that they have to pass a written test. Pensions exist for disabled persons and are calculated as if the person has been in employment for 35 years.
ITALY
Italy passed legislation in 1980 to provide monthly pensions of approximately 390 euro (£310) to Italian citizens who were deported to concentration camps.
Italy has had special pensions for victims of terrorism for several decades. Any degree of disability whatsoever is sufficient for a disability pension. An annual pension of 2,000 euro (£1,500+) is granted per one percent of disability and victims can receive a maximum pension of 200,000 euro (£159,000) per year. If the injured person is disabled to more than 80 percent the pension is transferred to the relatives without reduction, in case of the death of the victim. The carer of the victim receives an additional personal pension of 1,033 euro (£820+) per month. When the injured victim dies, the spouse and any descendent who has been living in the victim's household get their additional subsidies for another 2 years. Pensions are income tax free for the victim and tax neutral for the carers and relatives.[9]
ISRAEL
Victims of war, terrorism and other forms of collective violence are treated equally, making no distinction between civilians harmed by war or terrorism. They have established a scheme of both disability pensions and benefits. Benefits and pensions are calculated according to managerial grade civil service salaries and are updated along with updates in the economy.[10]
KOSOVO
The Kosovo Government has established a Department of Families of Martyrs, Disabled War and Civilian Victims Families. Legislation was passed in 2003 awarding pensions to disabled victims of the conflict. They manage and pay a number of pension’s schemes including those for civilian victims.[11]
NETHERLANDS
Dutch nationals who suffered Physical injury or psychological damage as a result of the Second World War are entitled to pensions. The pension for civilian war victims is based on the income the recipients formerly enjoyed. The monthly benefit guarantees a certain level of income. There is an additional benefit for surviving spouses/carers on the death of the injured person.[12]
SPAIN
In Spain, a number of different pensions exist, relating to different conflicts. Civilians who were injured as part of the Spanish Civil War are eligible for a pension amounting to between 122.33 Euros to 489.33 Euros (£98 to £389) per month, dependent upon the degree of disability. There is a supplementary pension for carers and spouses.
Specific pensions also exist for victims of terrorism. There is minimum monthly guaranteed amount of 1,597.53 Euros (£1,200+) for those who have been permanently disabled. All victims of terrorism, their spouses and children are exempt from any administration fees within the educational system including universities. And, similar to the situation in Italy, all payments of compensation and financial support are tax-free.[13]
UK
The UK has also established a pension schemes for civilian victims who were injured as a result of WWII. The basic disablement pension depends upon the degree of disability, assessed on a percentage basis as in the Industrial Injuries scheme. If assessment is 20% or more, a weekly pension is paid. If it is less than 20%, a one-off lump-sum gratuity is paid. War disablement pensions are tax free. Pension at the 100% rate is £167.80 a week. There are additional supplements which can be paid, such as War pensioners' mobility supplement, unemployability supplement, Allowance for lowered standard of occupation etc. Some Provision is also made for Carers, specifically surviving spouses. These pensions are paid at a rate of £127.25 a week, with a supplementary top up of £85.12. Additional allowances are dependant on age. These pensions are tax free, and disregarded for other means tested benefits.[14]
[1] Breen-Smyth, M ‘The needs of individuals and their families injured as a result of the Troubles in Northern Ireland’, (2012) published by Wave Trauma Centre, Northern Ireland. The full report may be downloaded from WAVE’s website <www.wavetraumacentre.org.u>k
[2] http://reliefweb.int/report/afghanistan/losing-people-costs-and-consequences-civilian-suffering-afghanistan last accessed 05/10/12
[3] Ibid nError! Bookmark not defined.
[4]http://www.claimscon.org/index.asp?url=belgium> last accesses 24/09/12
[5]http://www.ask.dk/en/English/Publications/~/media/ASK/pdf/English/Information%20on%20Compensation%20for%20Victims%20of%20the%20Occupation%20Period2012pdf.ashx> last accessed 21/09/12
[6] <http://www.ajr.org.uk/pensions> last accessed 21/09/12
[7]< http://www.sos-attentats.org/documents/brochure_sos_eng.pdf> last accessed 21/09/12
[8] Ibid nError! Bookmark not defined.
[9]< http://www.coe.int/t/dghl/standardsetting/victims/PC-S-AV_2005_04%20-%20e%20%20Report%20Max%20Planck%20Institute%20-%20Victims%20of%20terrorism.pdf> last accessed 24/09/12
[10] http://www.btl.gov.il/English%20Homepage/Benefits/Benefits%20for%20Victims%20of%20Hostilities/Pages/default.aspx
[11] <http://mpms.rks-gov.net/en-us/departments/departmentofmartyrsfamilieswarinvalids/fushëveprimtaria.aspx>
[12]http://www.svb.nl/int/en/wubo/Wubo_voor_burgeroorlogsslachtoffers_getroffen_door_extreem_oorlogsgeweld/welke__financiele_ondersteuning_is_mogelijk/index.jsp> last accessed 24/09/2012
[13]http://www.clasespasivas.sepg.pap.minhap.gob.es/sitios/clasespasivas/en-Gb/PensionesPrestaciones/pensionesclasespasivas/pensionesactosterrorismo/Paginas/Terrorismo.aspx> last accessed 24/09/12
[14] <http://www.dialdoncaster.co.uk/information/benefit-sheets/2335-war-disablement-pension> & < http://www.veterans-uk.info/pdfs/publications/va_leaflets/valeaflet9.pdf> last accessed 05/10/12