IMPORTANT ASPECTS OF DISABILITY PENSION

IMPORTANT ASPECTS OF DISABILITY PENSION

1, The entire disability pension is exempted from income Tax.

2. 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. 

3. Like other pensions, merging of 50% DA as Dearness Pay + DA on total is admissible on disability pension also.

4. Disability pension normally consists of two elements:-

           

(i)                  Service element of disability pension and

(ii)                Disability element of disability pension.

5. Both disability and service elements (together) are entitled only when the individual is discharged 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 w.e.f. 01.01.2006 as per recommendation of 6^th CPC.

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

b.      Being medically unfit for present trade and unwilling to re-muster to other trade.

6.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.

7. For those individuals who were initially given Service Pension./Invalid Pension and who subsequently become eligible for disability pension, they will not get only Disability Element of disability pension in addition to their SP/IP.

8. 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.

9. The deficiency in service for eligibility to Service Pension / Invalid Pension cannot be condoned if an individual is invalided (IMB case).

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.

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.

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.

Eligibility to Disability Pension purely depends upon specialist medical opinion of Initial Medical Board.  Therefore, the findings of COI/Injury Repot, in case of injury and the recommendations of IMB/RMB/RAMB in case of disease are very critical.

While travelling 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 up to leave station and vice versa through main route) then the injury is attributable to service.  Any injury sustained at the leave station is not ® 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”.

Disability Pension is basically compensation to an individual for disability, which has been caused due to Military Service.  It is not 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.  It is, therefore, important that the concept of disability pension is clearly understood by the defence personnel clearly.