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medical discharge

I am just after some advice, I am facing the real possibility of a medical discharge in the near future and can’t find out what I will receive in terms of lump sum and pension and weather its tax free or not? I have filled in a armed forces compo form and submitted that but my biggest issue is the navy/mod medic’s will not admit the root cause of wrong as it will prove its pusser’s fault I am hoping this will all come out in the wash. But for the discharge side of it does it matter whose fault or what’s wrong or is it just the fact that I can’t be employed in my trade anymore? I have been in 14 years I’m on the old pension scheme, I am a killick was selected for PO last year should have started po’s course months ago but can’t due to MEDCAT any advice would be appreciated
 

Ninja_Stoker

War Hero
Moderator
So far as I'm aware, a medical pension is only tax-free if the cause of the condition leading directly to discharge is at least in part, service attributed.
 
I don't really fancy paying the 30 quid to the forces pension people for something that should be open source information. I have heard about there been differing levels of taxation on medical pensions depending on % of disability and who's fault it is this is my biggest challenge one one one all the doctors and physio's have said it's service atributial but none will put it in my doc's very frustating considering taking a dicterphone in my pocket to appointments
 

soleil

War Hero
I don't know whether this is of any help:

BR3 Ch 54

SECTION 2 - INVALIDING

5419. Officers, Ratings and Other Ranks - Invaliding

Personnel found to be permanently unfit for full naval service will be brought before a Naval Service Medical Board of Survey (NSMBOS) to determine their correct medical category in accordance with BR 1750A. The Board may recommend downgrading and invaliding from the Service or retention in a permanently reduced category. The wishes of the individual concerned will nevertheless be given due weight. Special guidelines are laid down where invaliding is proposed in an individual’s last year of service (see BR 1991).

5420. Naval Service Medical Employability Board

The Naval Service Medical Employability Board (NSMEB) considers, on paper, every case where a NSMBOS has recommended consideration of retention in a reduced medical category. Its task is to ensure that personnel whose medical category falls below the standard required for general service but who may be able to give limited service should be given the opportunity, wherever possible, of completing their chosen career. The Board is composed of the Director of Health (Navy) (on behalf of DRNMS) as President and representatives of DNPS/ACOS(NLM), the Naval Secretary and Commodore Maritime Reserves.

5421. NSMEB Considerations

No individual will be retained in the Service against their wishes if being in a restricted medical category is a major bar to future employment or promotion for which the individual was fit and eligible in all respects before the medical downgrading. If less than a full career, within the reasonable expectations due to rank and skills was envisaged, the Board may offer the individual the choice between retention with limitations (e.g. no prospect of promotion), retention to complete present assignment or retention for a specified time (e.g. until the end of current engagement) or invaliding. Before reaching a decision on whether an individual should be retained, invalided or, exceptionally, recommended for discharge by other means (see Para 5437), the NSMEB will include in its consideration the following factors:

a. Time left to serve.
b. Whether medical limitations preclude continued employment in own branch.
c. Whether a full career can be offered (notably promotion prospects and sea service where appropriate).
d. The effect of retention on other members of the branch.
e. Whether a branch change is possible.
f. The written personal statement of the individual, showing preference.
g. A CO’s report when called for.

5422. Refunds and Return of Service

Liability for refunds in accordance with Para 5405 and fulfilment of ROS (Chapter 53) will be waived.

5423. Invaliding Benefits

a. Service Invaliding Retired Pay (SIRP) and a tax-free terminal grant of three times the annual rate of SIRP may be awarded to officers who have given two years’ service over age 18. SIRP at enhanced rates is payable to officers with at least five years’ service over age 18, of which two years have been served over the age of 21. If the cause of invaliding is found by the SPVA to be directly attributable to service, the individual may be entitled to additional benefits from the DOH, SPVA and MOD, the amount being related to rank and degree of disability. The MOD award is known as Service Attributable Retired Pay (SARP) and both SIRP and SARP are index-linked.

b. SCC and IC officers on gratuity-earning commissions are not eligible for no attributable invaliding benefits but can qualify for attributable benefits.

5424. Discretionary Awards Panel

Service invaliding benefits are at the discretion of the Secretary of State. Although they are normally awarded in full, cases occur when, though invaliding may be the appropriate form of discharge, it would be wrong to award full invaliding benefits or, exceptionally, any invaliding benefits at all. Responsibility for considering cases where full invaliding benefits may not be appropriate is vested in the Discretionary Awards Panel (DAP), which is normally composed of representatives of 2SL/CNH and 2nd PUS. Referral to the DAP is rare. Each case is considered on its merits but, in practice, any reduction in invaliding benefits is restricted to those cases where the individual has contributed to their medical condition, e.g. through excessive drinking or refusing treatment. The DAP award will not affect any decision on Service attributable benefits, which are determined by the DSS.
 

Ninja_Stoker

War Hero
Moderator
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