War Pensions and Armed Forces Compensation Scheme Payments

Justin Madders Excerpts

Monday 28th March 2022 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I congratulate the hon. Member for Midlothian (Owen Thompson) on his tenacity in campaigning on this issue for some time. I also congratulate him on securing this debate and on his introduction to it, which exposed the injustices and the flaws in the current system. I have had experiences of the system through one constituent in particular, but it is clear that he has uncovered a whole range of systematic flaws. Those who have served our country and made sacrifices deserve a system that is fair and supportive to them. He was right to say that we should consider it a matter of shame that we do not have that, and I pay tribute to his work in this area.

I want to talk about my experiences with the system—particularly in relation to a constituent of mine, David Cottrell, whom we discussed in an Adjournment debate more than three years ago—and why there are still issues today. I recognise that covid-19 has caused delays in dealing with claims, but that does not excuse the delays and the errors that have been made by Veterans UK in losing documents on two occasions and taking more than six months simply to copy paperwork. My constituent does not feel as though his claim and subsequent appeal are being treated fairly when he sees that happening regularly.

I know that the Royal British Legion is calling for the direct lodgement process, which is available in Scotland, to be extended to England and Wales. That would allow appeals to be sent directly to Her Majesty’s Courts and Tribunals Service, rather than having to go through Veterans UK. In the legion’s experience, direct lodgement is more efficient. That is of little surprise given that the customer journey, as it is called, via the current route represents a 13-stage process with the involvement of Veterans UK. Direct lodgement would also provide reassurance about the independence of the tribunals service, which is currently lacking, particularly for my constituent.

When we consider that over the last 10 years, more than 60% of war pension appeals have been unsuccessful—in comparison, 37% of personal independence payment appeals are unsuccessful—we can begin to see why veterans feel as though the process is not working for them. Essentially, we ask people to apply to Veterans UK and then, if that decision is wrong, to go back to Veterans UK to appeal and wait for it to decide whether a review is possible. At that stage, if there is no change, the case worker at Veterans UK must have prepared appeal papers, which are then passed on to the reprographics department. Only at that point are they sent to the tribunals service. I think anyone can see how the appeal process is overly convoluted.

The involvement of Veterans UK, which is the subject of the appeal, risks, at the very least, the perception of a conflict of interest. Of course, it is reasonable for a mechanism to allow review without the need for a tribunal hearing, and of course it is necessary for Veterans UK to provide its response to the appeal. However, both those matters could be dealt with under a different system. It seems plain to me that introducing direct lodgement would be at least a step forward for veterans in England and Wales, and I hope the Government will take that request on board. I struggle to think of any truly independent appeal process in which an appeal must first go through the body that is being appealed against. I really do not know what that adds to the process and, as we have heard, it creates more concern and problems.

There is a focus at the moment on ensuring that those waiting get their cases to tribunal can do so with as little delay as possible, following the closure of the service for a significant period during the pandemic. I am pleased that the Government have committed to reducing waiting times, but the Royal British Legion has said that it is essential that, as the default provider of representation, it has the capacity to deliver its services to those who need support. I understand that following some discussions, there has been a little slowing down to enable hearings to match the legion’s capacity. However, there is a question mark about how long that arrangement will last, so I ask for some assurances that any attempts to clear the backlog are done with the welfare of veterans at heart to ensure that they are properly represented.

Clearly we all want veterans’ appeals heard as soon as possible, but it is vital that they come out of that process feeling that they have been properly represented and their cases have been properly heard. In the context of the repeated concerns about independence, it would be a cause of concern if the acceleration of the clearing of the backlog hindered the legion or any other provider from providing the representation that veterans need.

On a slightly tangential point, I am sure that many Members will, when contacting organisations, have had challenges about whether they have their constituents’ consent. As we all know—indeed, we commonly quote it—statutory instrument No. 2905 of 2002 covers the authority of MPs to act on behalf of their constituents. It has therefore been a source of frustration that Veterans UK seems to be unaware of that provision. We have managed to get that resolved, but it does not show an organisation that is particularly customer-focused.

It is accepted that the pandemic has caused delays to the normal functions of the application, assessment, and appeals process, but I was concerned to see that the number of claims made to the war pensions and armed forces compensation scheme dropped by almost 40% from 2019-20. While we must acknowledge the impact that the pandemic had on that, it is notable that the decrease in personal independence payment applications for the same period was much less at around 27%. Perhaps the decision to prioritise PIP assessments by alternative means, while the war pensions process ground to a halt, offers some explanation, but it feels to many that the system for war pensions was simply closed for a period of time.

From April to August 2020, there were 200,000 PIP assessments, yet not one war pension medical assessment took place. In Mr Cottrell’s case, that meant a decision was made on his claim without a medical assessment report, and the decision maker specifically referred in the decision notice to having to decide on the claim in lieu of such evidence—the inference being that the decision may have been different if an assessment had taken place. Mr Cottrell certainly believes that to be the case.

The feedback I have received from those navigating the war pensions process is that veterans feel they are an afterthought, and the comparison with how PIP is dealt with certainly makes them feel that way. The DWP does not apply a target time for the clearance of war pensions claims. My understanding from the last question on the subject is that the average time is 127 working days, or six months. For Mr Cottrell, who was also claiming PIP, the difference in approach was stark. His PIP renewal claim in 2020 was dealt with within 18 days. It is reasonable to ask why the same standards cannot apply to war pensions.

I am told that the vastly different timeframes are based on the long-term performance of the war pensions scheme, and that will remain

“until the digitisation and transformation of the WPS is complete in 2023”.

That essentially means there will be little improvement for veterans for at least another year while that digitisation process takes place. It is perhaps unsurprising that veterans do not feel they are being given much priority and that they feel like an afterthought. The schemes designed to ensure they can access the financial support they need through their pensions are lagging behind numerous social security benefits, and that is together with the fact that we are now in the third year of waiting for the digital answer to the veterans ID card. That is another example of how veterans feel they are not being treated as a priority.

I would like to conclude with Mr Cottrell’s own words. He asks that the Government

“meet some Veterans and ask them what they think of the service Veterans UK provide to people who have served this County and have been damaged either physically or mentally by their service”.

As we have shown and heard today, it is not possible to discuss the war pensions and armed forces compensation scheme without looking at the role and performance of Veterans UK, so I would like the Minister to commit to listening to constituents such as mine, veterans such as Mr Cottrell, and to addressing their concerns, in order to drive some improvements in the service, because we all believe that veterans deserve the very best service in these areas, as in every other service they use, as a thank you for their service and duty over many years.