Change from Service Pension to Invaliding Pension - Commutation Payback!!

Discussion in 'Armed Forces Pension Scheme' started by bathblade, Oct 5, 2012.

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  1. I am looking for any pension gurus on here, I am a former HR Admin, but this one is a new one even for me. I left last November after 23 years and got my IP and communted £18000. In January 2012, I was requested to return to Tidworth for a Medical Board as one had not been completed prior to my discharge as I had been mentally ill in early 2011. The board recommended Med Discharge and I was informed this week that it had been confirmed by DM(A). Knowing that my pension would change I contacted Pensions Div. They informed me that 'oh yes your pension will increase and become index linked as it is now an Invaliding Pension, but I will have to repay £18000, my commutation.

    This totally unfair, I cant find anywhere in any regulations, that due to my change in Pension type I have to repay. When I left in November there was no mention of a Med Board and had I known what would happen I would not have voluntarily attended the one in January.

    Please assist.
  2. Give the SPVA Veterans Welfare Centre a ring on 01253 333494. I've just spoken to them - straight through on the phone and helpful. I'm in shock!
  3. You cannot commute if you are medically discharged so they're correct but if you were out, that's meaning you were no longer serving, why did you comply with a request that would mess up your finances?
  4. If I had known that they were going to Med Discharge me and mess up my finances, I wouldnt have gone, but I wanted to ensure my medical stuff was all in order for thew NHS.
  5. Have spoken to them, awaiting a welfare worker to contact me back, but they didnt sound like they could assist, maybe a legal issue.
  6. You may already have an answer but ask the SPVA or your legal rep if the rules of estoppel apply
    "estoppel n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right, or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act, or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).

    I used this successfully several times when an Imprest Holder (RAO equiv) to prevent repayment of overpayments taken in good faith. It used to be a specific chapter of the pay BR but under JPAS it may not be there any longer (it is however the law of the land)