War Pension Mobility Supplement

Hello there,

I have an enquiry regarding tha above Benefit.

Extract from Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Article 20 below states that;

20.—(1) Subject to the provisions of this article, a mobility supplement shall be awarded at the rate specified in paragraph 11 of Part IV of Schedule 1 to a member of the armed forces who is in receipt of retired pay or a pension in respect of—

(b)disablement, where the degree of disablement is assessed at 40 per cent or more, due to any other injury which is, and is likely to remain for at least 6 months from the date on which the question of eligibility for a supplement under this article is considered by the Secretary of State (either at first instance or on review), wholly or mainly responsible for—

(ii)restricting his leg movements to such an extent that his ability to walk (with any such prosthesis or artificial aid) without severe discomfort is of little or no practical use to him,

Does the above sect (1)b refer to the applicant needing to have an overall disability of 40% to qualify, and then does (b) when it states ‘wholly or mainly responsible for’ (ii), mean that the injury that is responsible for restriction in mobility has to injury that have been assessed at 40%?

Thank you

There must have been an injury in circumstances which are (I believe the tem is) “attributable to service”.

The disablement resulting from the injury must have been assessed at 40% or over, whether on original application or on review..

The injury must be the sole or main cause of the poor mobility.

It is not the injury itself which falls to be assessed but, as always in benefits law, the resulting disability. It is possible for a very sever injury to be so well treated that there is little resulting disability.

Does that help? I’m not sure I quite understand all of your question.