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Neutral Citation Number:
Reported Number: R(IS)3/99
File Number: CIS 276 1998
Appellant:
Respondent:
Judge/Commissioner: Judge M. Rowland
Date Of Decision: 15/09/1998
Date Added: 21/06/2002
Main Category: Earnings and other income
Main Subcategory: Other income and payments
Secondary Category:
Secondary Subcategory:
Notes: Income - Armed Forces service invaliding pension - whether ‘war disablement pension’ The claimant was discharged from the Royal Air force on medical grounds and was awarded a taxfree service invaliding pension on account of medical unfitness aggravated by air-force service. The adjudication officer treated the service invaliding pension as an occupational pension and took it into account in full when calculating the entitlement to income support. The claimant contended that it was not an occupational pension but claimant’s a war disablement pension and that £10 of it should be disregarded under paragraph 16(a) of Schedule 9 to the Income Support (General) Regulations 1987, but his appeal was dismissed by a tribunal. The claimant appealed to the Commissioner. Held, allowing the appeal, that: 1. as ‘war disablement pension’ was not defined in either the 1987 Regulations or in any relevant part of the Social Security Contributions and Benefits Act 1992, the definition in the former section 84(1) of the Social Security Act 1986 applied because that was the Act under which the 1987 Regulations were made (para. 8); 2. by virtue of section 84(1)(b) of the 1986 Act, any service attributable pension or tax-free service invaliding pension was a war disablement pension (para. 9); 3. the adjudication officer was right to regard the pension as an occupational pension but, as it was also a war disablement pension, £10 fell to be disregarded (para. 10).
Decision(s) to Download: Is03_99.doc Is03_99.doc