IMPORTANT ASPECTS OF DISABILITY PENSION

IMPORTANT ASPECTS OF DISABILITY PENSION

INVALID PENSION

Whenever an individual is invalided out from service under the following clauses on completion of minimum 10 years of qualifying service and his disability pension claim is rejected then he is eligible for Invalid Pension. The minimum rate of Invalid Pension is Rs. 3500/- pm + DA. wef 01 Jan 2006 as per recommendation of VIth CPC.

(a) On having been found medically unfit for further service in IAF.

(b) Being medically unfit for present trade and unwilling to remuster to other trade.

There are certain important aspects of Disability Pension, which must be known by all personnel who are in low medical category. These aspects are: -

a) The entire disability pension is exempted from income Tax.

(b) The disability pension is granted for the rank held by an individual at the time of onset of

last attributable/aggravated disease/injury and not for the rank held by him at the time of his

discharge from service in RMB cases. However, if an individual invalided out of service under clause mentioned in (a) or (b) above is granted disability pension for the rank in which he is invalided out.

(c) Like other pensions, merging of 50% DA as Dearness Pay + DA on total is admissible on

disability pension also.

(d) Disability pension normally consists of two elements: -

(i) Service element of disability pension and

(ii) Disability element of disability pension

(e) Both disability and service elements (together) are entitled only when the individual is

discharged under clause mentioned in Para 3 (a) & (b) above.

(f) For those individuals who are invalided out of service on medical grounds by an IMB and

who fulfill the primary conditions for grant of disability pension as per Para 153 of Pension

Regulations, their disability pension will consist of disability element as well as service element. However those individuals who discharge before 15 years (airmen) / 20 years (NC(E)) of service but were not invalidated out of service on medical grounds, are not eligible for disability pension as per Para 153 of Pension Regulation, such individuals will not be entitled for service element of disability pension and will only get disability element of disability pension.

(g) For those individuals who were initially given Service Pension/ Invalid Pension and who

subsequently become eligible for disability pension, they will get only Disability Element of

disability pension in addition to their SP/IP.

(h) Personnel are entitled to get commuted portion of Service Pension / Invalid Pension /

Service Element / Disability Element. However, this provision on disability element is available only if the disability is accepted first time for life and not through RAMB at a later date.

(i) The deficiency in service for eligibility to Service Pension/Invalid Pension cannot be

condoned if an individual is invalided (IMB case).

(j) The personnel who are invalided out of service solely on medical grounds under Med

Cat “ApGp”, with a minimum of 20% disability with at-least one year of service are entitled to get disability benefit PAYABLE FROM AFGIS that is worked out as follows:

Disability Benefit = (Insurance Cover X Disability %) + Survival Benefit

2 100

NOTE- 1. Cases of Alcoholism, Drug Addiction, self-inflicted Injury (Disability arising out of attempted suicide or intentional acts resulting in criminal conviction) are not eligible for

this Disability Benefit from AFGIS.

2. This benefit is also not admissible to an individual who discharge under clause

mentioned in Para 3 (b) above.

ADVISE ON DISABILITY PENSION TO INDIVIDUAL CLAIMANTS

This office is receiving a series of representations and claims from ex-airmen/NCs (E) on account of disability pension. A large number of representations are sent to VIPs like President, Prime minister, Defence Minister, CAS etc. with strong emotional appeal to grant disability pension. A large number of court cases are being fought in the courts of law on the issue of eligibility of disability pension. Since the rejection rate of disability pension is in the region of 90%, therefore, almost all the representations are forwarded by those individuals who feel that they should have got the disability pension but their case for disability pension has been rejected. We would like to clarify here that eligibility to disability pension is not an emotional issue. The eligibility of disability pension is based on

the existing rules and regulations on the matter. Therefore, we would like to advise the individuals who are expecting to get the disability pension on following lines: -

(a) If you have been invalided out or have been discharged / superannuated with medical

category lower than “Cat A4G1” then eligibility to disability pension concerns you.

(b) You must take pains to understand as to what disability pension is and why and how it is

given. If the rule position is not clear in the mind of the individual then harping on an emotional issue does not help in getting disability pension.

(c) It must be clearly understood that disability pension is not meant as a compensation

for all disabilities acquired by an individual during his service career. It is primarily meant as a compensation for those disabilities only, which are attributable to or aggravated by military service.

(d) Eligibility to Disability Pension purely depends upon specialist medical opinion of

initial Medical Board. Therefore, the findings of COI/Injury Report, in case of injury and the

recommendations of IMB/RMB/RAMB in case of disease are very critical.

(e) While traveling on leave (to and from) with FRW / CV, without FRW/CV, on Annual Leave

or Casual Leave, if any injury is met during journey period (starting from duty station and

reaching upto leave station and vice versa through main route) then the injury is attributable to service. Any injury sustained at the leave station is not (R) not attributable to service. Any leave cannot be treated as ‘duty’. The term ‘duty’ has been defined in detail in the

“Entitlement Rules for Pensionary Awards to Defence personnel, 1982”.

CONCLUSION

Disability Pension is basically compensation to an individual for a disability, which has been caused due to Military Service. It is not a compensation for all other kinds of disability, which have no direct relation with Military Service. As per the rules given in Pension Regulations a very fair decision is given on this matter by the concerned agencies. Disability Pension primarily depends upon the specialist medical opinion of the released/invalid medical board. Therefore, there is a need to understand the eligibility conditions of disability pension. There is also a need to understand the importance of specialist medical opinion on this matter. Our experience indicates that over 90% of

cases, which are considered for disability pension, are rejected on the basis of specialist medical opinion as given by RMB/IMB. It is, therefore, important that the concept of disability pension is clearly understood by the retiring airmen and NCs (E) clearly.

Note:

The Indian Army being the major contributor to the number of disabled/invalided out soldiers is keeping silence over a number of issues on disability/invalid and war injury pensions.  A number Specialist medical opinions has been rejected by the PCDA(P) is a cause of concern.  The recent judgments by the Armed Forces Tribunal on the subject is a clear evidence that the laid down rules on disability/invalid pensions/war injury pensions are violated by the guardians of the rules.

This post is taken from the Indian Air Force Website.  Readers are welcome to visit Indian Air Force Website for more information.  The rules & regulations quoted above are basically/equally applicable to Army and Navy also.  There may be slight variations here and there.  Our sincere thanks to the Indian Air Force authorities for publishing such a valuable information for the benefit of disabled soldiers.

It is important that the Indian Army should come out more detailed hand book on defence pension.  Their website is to be updated with more useful information to the veterans.