Pension and Admin discharge (medical Grounds)

Discussion in 'Armed Forces Pension Scheme' started by truered.nik, Dec 2, 2012.

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  1. My unit has just told me my App 8 has been refused and they have to complete an App 22. This is more than a cert i am going to kicked out on my ear within the first 6 months of next year.

    For the record P7MND 3 discs gone in my back. If i survive to June i will be 6 months form my 22 YEAR POINT.

    The only answers i can get is "wait and see" and "i dont know" when i ask about my pension and lump sum.

    Any advice people......
     
  2. As mentioned in other similar posts, if you are medically discharged you cannot commute your pension to enhance your lump sum.

    If you are medically discharged see Medical Discharge Pathway - A Guide to the process it will point you in the right direction to do your research.

    For AFCS Armed Forces Compensation Scheme

    For War Pensions War Disablement Pensions

    Legislation:

    http://www.legislation.gov.uk/uksi/2011/517/pdfs/uksi_20110517_en.pdf

    http://www.legislation.gov.uk/uksi/2006/606/pdfs/uksi_20060606_en.pdf

    http://www.legislation.gov.uk/uksi/2012/359/pdfs/uksi_20120359_en.pdf
     
  3. Maybe i have got this wrong but i have been told its and "Admin Discharge on medical grounds" not a medical discharge.

    But thanks for your reply but what you have supplied is for a medical discharge.
     
  4. It may have helped if you'd given a bit more info in your OP, however, have you had a Final Medical Board yet and if not who told you it was an Admin Discharge?
     
  5. Sorry i thought the title would have been enough. I was downgraded in may to P7MND perm by a 2 man board But have had nothing since, and have been told this was going to be an admin discharge by our ADj.
     
  6. There's something amiss here. If you have been informed by your unit that DM(A) has refused permission for your unit/cap badge to retain you (which is what App 8 is for) then as you rightly say in your OP the unit initiates an App 22 which seeks opportunities for you to be transferred to another Arm/Corps. It matters not a jot that you are as close to ROD as you say, they still have to follow the process and not directly Admin Discharge you.

    Now if your Adj is on the ball and you have a good working relationship with him/her then it is amazing how often priorities dictate certain paperwork goes to the bottom of the Action tray! Take a look at PAP 10 Appendix 22 and see how many people have to sign it and you'll see it will take some time before it even comes back to the unit.

    I thoroughly recommend you read PAP 10 Chap 10 and ensure, for your own benefit, that your unit follows it precisely.

    Also, if your vertebrae were as a result of military service, have you submitted a claim under AFCS or WP (whichever is applicable)?
     
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  7. Thank you for the reply again. I believe my unit is on side and are trying to help as much as they can. I also intend to fully appeal this if it does go ahead. But as you can imagine this is now a very worrying time for me and the family as a lot is at stake with my lump sum and immediate pension. Also i have already an AFCS claim in which has been rejected also but is now going to an appeal board but not holding out much hope on this but will also go down the route of WP.

    Again many thanks

    Would like to know if there is anyone else out there in the same position just to compare notes.
     
  8. banging-head-against-wall-11.jpg
     
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  9. Ring SPVA Welfare Service and ask them to visit you at home and explain it to you in a way you can understand:

    How to Contact the Welfare Service
     
  10. Just a quick update EScotia. SPVA refused to talk to me until i have a termination date. So now its me banging my head against a brick wall.
     
  11. CHAPTER 10​

    Management of Personnel below the Minimum Standard Required for Employment in their Arm or Service

    General

    1001. The purpose of this chapter is to outline the mechanisms for the management of personnel below the minimum required for their Arm and Service as defined in Tables 5 and 6. When an Officer or Soldier is assessed by a Medical Board to be permanently below the minimum medical grading required by their Arm or Service or where the CO is unable to continue to employ an individual fully due to medical restrictions, then the Restricted Employability in Current Unit (RECU) Process described below is to be followed. This does not affect an individual’s entitlement to resign or terminate their Commission / Engagement. This process allows for consideration of transfer to a different Arm or Service or, where this is not possible, discharge on medical grounds. Under certain circumstances, the individual’s case may be referred to the Army Employment Board (AEB) to determine an individual’s future; the processes for the AEB are described in Chapter 12. The RECU Process should not be initiated until the individual is medically assessed as being permanently downgraded and stable or having a disability that is of slow progression; temporary inability to perform duties due to a medical condition does not automatically fall into this category. The key objective is to ensure that the skills that personnel have acquired through long and expensive training should not be wasted if continued employment can be found, within their medical capacity, which will not exacerbate their medical condition or place at risk the health and safety of others. Legal advice has been sought and incorporated throughout the development of this complex policy.

    Point 1, has the RECU process been followed (see the underlined)? If not you need to speak to your CoC urgently as they should not be discharging you.

    Point 2, this explains why the annexes are completed but note carefully the last 4 words in bold.

    As you don't have a discharge date SPVA cannot calculate, with any accuracy, your pension etc. I've also got to ask, was your injury a result of service activity? If it was you should certainly appeal the decision not to award you compensation. As your claim is on-going it may also be another reason SPVA Pensions won't get involved.

    From what you say, you should not receive an Admin discharge on Medical grounds. You should be discharged as medically unfit for service.
     
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  12. Love to be able to work but couldn't sustain it for more than an hour or so unfortunately, besides I only know just enough to try & help others out of the situation I found myself in.

    Thanks.
     
    • Like Like x 2
  13. Again thank you for the time taken is reply. My unit is following this by the book and even to the point of trying to drag it out as long as they can. They were told to start this process last April but it has taken until only last week for the App22 to go in. My CoC is fully on side and are trying to help.