Useful

**chimp503** · 02-08-2007, 17:53

Originally Posted by Mikal

Originally Posted by chimp503

I was medically discharged in 94 with a 30% disablement. Intially I was told that i could have my prescriptions free of charge for my disablement only. Since then I have been told and I am certainally not checking up, that ALL my prescriptions are FREE. I was told this by my GP and local PHARMACY in 95, I did ask my service doctor in Cyprus in 97 (Mrs Chimp was posted there) if this was correct and he confirmed it...didnt ask anyone else - but for the last 12 years I have had everything free..... worth noting I think - could be down to the percentage of disablement possibly????

I'd be very careful and verify just what you're getting on prescription is supposed to be free. The rules are quite clear - only those prescriptions relating to your pensionable condition can be taken free of charge. Double check in writing with the SPVA as it's now called.

Just because your GP and pharmacist say it is so doesn't make it real. It's your responsility to ensure the correct charging. I proved my pharmacist wrong last year (he's new to the area) and he was shocked because he's always considered War Pensioners are being entitled everything free prescriptionwise.

I pay for drugs not relating to my injury if they're on a mixed scrip. It is a hassle but better doing it right than risking my pension on accusation of fraud on the prescriptions.

The War Pensions/VA/SVPA do not currently audit prescriptions presented by War Pensioners to the chemist. No doubt once they get a handle on their IT systems you can bet your bottom dollar they will check this sort of thing out and stamp hard to set a few examples.

Yep I agree, Mikal, but for the last 12 years as stated I have had it all free, I am not easy with that arrangement but I have moved 8/9 times to different areas and countries and no-one has said anything different, like I said earlier I originally paid for prescriptions that didnt cover my disablement, you would think someone, somewhere would question me, but they have not - I believe (may be wrong) but the system is so big that its impossible to regulate - I am supposed to be reveiwed yearly on my disablement (even tho it will never improve - only get worse) but have not had a review since 96. Maybe it should be down to me to force the issue but to be perfectly honest, I am still paying tax/ciloct/etcetc whilst living in the Netherlands and receive nothing for it - a different issue i know but ciloct is supposed to pay in part for community policing - I had my car and a number of others on my street had theirs broken into and the civil and mil police refused to attend - pay back time on that alone me thinks.

just read your post again about war pensions not auditing - I held a WP entitlement card which was valid for two years and when I requested a renewel was told that I would not get one as I would be under the NHS system and their was no need - this tells me that I would NEVER be auditied. If I was ever, I will cross that bridge, but millions of scripts per day - better chance of winning the lottery.

**Mikal** · 02-08-2007, 18:55

Originally Posted by chimp503

Yep , Mikal, <snipped>
just read your post again about war pensions not auditing - I held a WP entitlement card which was valid for two years and when I requested a renewel was told that I would not get one as I would be under the NHS system and their was no need - this tells me that I would NEVER be auditied. If I was ever, I will cross that bridge, but millions of scripts per day - better chance of winning the lottery.

Funnily enough I've just been over to the Vet site checking what's published there and apparently we are supposed to have an exemption card for our required prescriptions. I've never been asked to prove I'm a war pensioner by any chemist but I suspect the education of pharmacists on this matter is non-existant. Maybe I look too mean to be challenged or something.... <g>

Ooh! Another bit of paperwork from 3 years ago. This is based on my query about not being billed on mixed prescriptions for stuff not related to my pensionable condition.

the VA stated
You are quite right when you say that you are only entitled to free prescriptions for your accepted conditions, which in your case are *******

I am enclosing a further Exemption Certificate which outlines the above and which you can show your local pharmacist.

The exemption certificate is no longer the green card I was issued with originally and I never knew it had been changed. The actual certificate can be drummed up on a word processor quite easily if someone has a copy to hand. (Found mine whilst typing away)

**themonsstar** · 02-08-2007, 19:09

I have the two exemption certificates for prescriptions for my War Pension & one for Tax Credit.

**chimp503** · 02-08-2007, 19:12

tax credit????

**themonsstar** · 02-08-2007, 19:28

I was MD last year, I had done 21years. I get an Army Pension & a War Pension, the War Pension makes my Army Pension tax free. But the Army Pension is still an income?, So I get a Tax Credit exemption certificates on all my prescriptions for me and Mrs Monsstar.

**Mikal** · 02-08-2007, 19:35

Originally Posted by themonsstar

I was MD last year, I had done 21years. I get an Army Pension & a War Pension, the War Pension makes my Army Pension tax free. But the Army Pension is still an income?, So I get a Tax Credit exemption certificates on all my prescriptions for me and Mrs Monsstar.

Aaaahhhh.... Lucky you, I believe, being on the new system. I think?

Attributable service pension plus war pension = zero tax liability on the old system.

**themonsstar** · 02-08-2007, 20:42

War Pensions part 6
This is only for guidance

Tribunals

War Pensions
If you feel that the decision made by the VA regarding your War Pension claim (either the entitlement or assessment) is wrong you have the right to appeal the decision.

What happens after I Have Appealed a Decision?
After informing the VA that you wish to appeal, they will send you an appeal form in which you must state your reasons for appealing (" You Yes You" must make sure you do this within the relevant timescale).

Once you have sent this back to the VA they will prepare a Statement Of Case (SOC) which will be sent to the Pensions Appeal Tribunal and also YOUR REPRESENTATIVE* if you have appoint one for you appeal hearing.

* Representative
Here is a list of them:
RBL.
SSAFA.
Combat Stress (your Welfare Worker).
National Gulf Veterans & Families Association (NGV&FA).

Find one that works for YOU

Appointing a Representative (Rep)
You can appoint someone to represent you at the tribunal. Most of the Service Charity's will have a "Rep" to help You, or you can pay a solicitor to represent You.

What Is a Statement of Case (SOC)?
This is a document that is made up of claim forms, medical evidence sent in by you, forms that have been filled in by GPS, Specialists or Consultants, info from your service records, reports by War Pension Dr, notes of phone calls made to the VA from You etc.

This is collated by the VA on behalf of the Secretary of State. Remember the VA decides which of the evidence goes into the SOC.

What Should I Do With My SOC?
When you receive your SOC you have 28 days in which to make your reply to the VA.

You need to READ your SOC and HIGHLIGHT in your reply anything that you feel is wrong or missing "eg" if you have seen a specialist and you know their report should be in the SOC but it isn't.

You are the best person to know what should & shouldn't be in your SOC.

Within these 28 days you are also permitted to write to the VA to say that you will need longer to make your reply.

What Happens Next
If you have made no response after 28 days your case will be sent to the Pensions Appeal Tribunal listings department to be allocated an appeal date, this can be up to 12 months.

Is That All I Need To Do?
NO! There are things you can still do until you get your appeal date.

1. Make sure you see your GP regularly especially regarding the conditions/symptoms that you are claiming for.

2. Make sure that if you see any Specialists or Consultants you get copies of their reports or supporting letters.

3. KEEP SENDING IN ANY SUPPORTING EVIDENCE to the VA, Do Not Hold on to any evidence until the appeal date, because if you produce it at the appeal hearing it may be ADJOURNED.

Article 40 & 41
These are the terms under which your appeal will be heard.

1. Article 40 (previously known as Article 4). Is when you apply for your pension within 7 years of leaving service-the BURDEN OF PROOF is on the MOD to prove that your injury/illness WAS NOT caused or made worse by your service.

2. Article 41 (previously known as Article 5). Is when you apply for your pension after 7 years of leaving service- the BURDEN OF PROOF IS ON YOU is then on you to prove that your injury/illness WAS CAUSED or MADE WORSE by YOUR SERVICE.

More to come