War Pensions and Armed Forces Compensation Scheme Payments

Stephanie Peacock Excerpts

Monday 28th March 2022 Commons Chamber

[Stephanie Peacock (Barnsley East) (Lab)]

I congratulate the hon. Member for Midlothian (Owen Thompson) on his campaigning on this issue and on securing this important debate. As a country, we are all incredibly proud of our ex-servicemen and women. They have performed the ultimate public service, and if this has caused serious injury, illness or death, veterans and their families deserve to be fairly compensated. At the moment, however, far too many veterans are being denied the payments they are entitled to, leaving them at risk of poor mental health, poverty and the feeling of being let down by the country they have served with distinction.

At the heart of this issue is Veterans UK, which is in charge both of war pensions and of the armed forces compensation scheme. It is allowed to mark its own homework, as the hon. Member for Bracknell (James Sunderland) said, because it is responsible for both assessing claims and awarding any payments. Indeed, according to its own customer satisfaction survey, 80 % were not happy with the service, as was highlighted by the hon. Member for Midlothian. So building on the contributions of hon. Members today, I am going to address the delays in the process, the burden of proof that the system places on our veterans, and the reasons that current Government plans do not go far enough in solving these problems. Since 2009, successful applications to the armed forces pension scheme have fallen from 62% to 46%, while rejections have risen from 30% to 40%. At the same time, average clearance times for claims have risen to more than 100 days for both the AFCS and war pensions, with war pension wait times missing the Government target since 2011. This means that, over the last decade, our veterans have been forced to wait longer by months, not weeks, only to be more likely to be rejected by their compensation schemes.

The first stage of the application is just the beginning, however. For veterans who feel they have been unfairly rejected, a lengthy and difficult appeal system awaits. Here, rather than Veterans UK having to prove an injury or illness is not related to service, veterans are tasked with the burden of proving it is. Too often, veterans have to rely on forces charities. As brilliant as they are, this should not be necessary, as the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) said so passionately.

In a document that was also submitted to the Select Committee on Defence in 2021, the forces organisation Justice4Troops shared with us the following examples. Bruce Menzies was medically discharged in March 2020 with complex PTSD. He had a formal diagnosis, but his compensation claim was rejected, stating that his diagnosis was due to his “personality” and “genetics.” Bruce became homeless in May 2020 and faced a sharp deterioration in his health, becoming hospitalised.

Justine Montgomery joined the RAF with no pre-existing conditions. She sustained an injury to her right knee while in service. She was medically discharged, left unable to walk and in need of strong pain and nerve medications for the rest of her life. Her application for compensation was also rejected. She described the process as

“tedious, draining and near enough impossible to complete let alone progress with.”

Roy Shirlaw was an RAF engineer. He was injured on operations in 2011, resulting in surgery on his back. He was discouraged from making a claim, and when he did it was rejected as he was deemed to be “not on duty.” This was later overturned at appeal, but his claim was still only partially accepted and the injuries were deemed to be not severe enough to qualify for compensation. Ten years after his initial injury, he is still stuck in the appeals process.

Each of these three people was medically discharged by the forces, but somehow they ended up unable to prove their worthiness for a scheme designed for injured and unwell ex-forces personnel. Veterans are not medical experts, yet they are forced, over and again, to try to prove the extent of their injuries, with many ending up stuck in the system for years and many forced to give up entirely, as the hon. Member for Airdrie and Shotts (Msusb Qaisar) highlighted.

As has been mentioned, nuclear veterans have an even harder time than most in claiming compensation. The BNTVA and Labrats campaign groups and the Daily Mirror report that they are forced to prove that each and every medical condition is caused specifically by radiation, rather than being a result of service generally. Having flown through mushroom clouds, cleared up debris and crawled through the fallout of nuclear bombs as Britain tested our atomic weapons for the first time, the latest National Radiological Protection Board study on the health of these veterans found they are more likely to have and die from chronic myeloid leukaemia and several cancers, as well as being at a greater risk of self-harm. However, with limited medical records available from the time of the tests, proving their exposure to radiation and claiming compensation is a near-impossible task for these veterans, many of whom died before being able to claim a single penny. It is time the Government properly recognised our nuclear test veterans. We are the only country in the world not to do so. The Prime Minister should meet them, as he promised, and give them the recognition they deserve.

Money to address inefficiencies and digitalise Veterans UK is important but, for the veterans who have had their health, wellbeing and happiness taken from them, an online form rather than a paper one will be little consolation. In the last few days, Veterans UK has updated its site with flowcharts and the promise of bitesize videos to come. This is not a replacement for ensuring the compensation system is transparent, fair, impartial and consistent all the way through. The hon. Member for Strangford (Jim Shannon) spoke powerfully about how we need to make sure Veterans UK is properly resourced.

I conclude with these questions for the Minister. What is he doing to ensure that veterans who are already dealing with illnesses, disabilities and injuries do not have to fight for the compensation that is rightfully theirs? Does he support an independent review into how Veterans UK operates and what improvements can be made, and is he considering direct lodgement, as advocated by the Royal British Legion and outlined by my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders)?

It is a question of ensuring that every veteran gets a fair and impartial chance to claim the compensation they are entitled to, having dedicated their lives to serving our country. The Government have a duty of care to our ex-forces personnel. If Ministers continue to ignore those issues, they will be failing in that duty and failing our veterans.