PROVIDING FOR SEVERELY DISABLED VICTIMS CONSULTATION. DEMOCRATIC UNIONIST PARTY POLICY CONSULTATION DOCUMENT May 2014

Transcription

1 PROVIDING FOR SEVERELY DISABLED VICTIMS CONSULTATION DEMOCRATIC UNIONIST PARTY POLICY CONSULTATION DOCUMENT May 2014

2 Democratic Unionist Party Policy Consultation Document On a Proposed Pension for Severely Physically Disabled Victims Private Members Bill to be introduced in the Northern Ireland Assembly May 2014

3 FOREWORD Just a few weeks ago the Democratic Unionist Party published its key commitments for the innocent victims of terrorism. One of the commitments is to support a special pension for those innocent victims who were severely physically injured as a result of the violence during the Troubles. This consultation document is the first significant step in making that commitment a reality. Many victims, particularly those who have been severely injured and where unable to be employed and work towards a pension, have told us they want greater security as they get older. The proposed pension is one way that this security can be offered to those who have been most disadvantaged. It is our intention to bring forward a Private Members Bill in the Northern Ireland Assembly as soon as possible. In order to inform the detail of the draft bill, and to fulfil our obligations to consult on the policy, we are initiating a consultation to take your views on the proposal. I am pleased to launch this consultation and appreciate the time you will take to comment on the proposals. RT HON PETER ROBINSON MLA THE CONSULTATION WILL CLOSE AT 5PM ON 12 th September 2014

4 INTRODUCTION Over the last number of years there has been considerable work done to examine the viability of a pension for those who are severely disabled and who have limited or no pension provision due to many decades of unemployment because of their injuries. In particular, the Wave Injured Group and the relevant working group of the Victims and Survivors Forum have dedicated much time looking into the details of how such a pension would operate, who would be eligible for the pension and other logistical aspects to the proposal. This work has been hugely valuable to us in putting together this policy consultation document and we thank them for this work. In addition, the Victims Commission is also working on the detailed logistical considerations for any such potential pension. This work will inform the practical rolling out of the proposed pension.

5 THE ISSUE Many of those who have been severely physically injured are now entering pensionable age; however, many have lost the ability to accrue occupational pension rights as a result of losing their careers to chronic ill health. Through the Victims and Survivors Service (OFMDFM) there are a number of schemes to deal with financial hardship and other needs. The Chronic Pain scheme, Care for Carers and the Direct Financial Assistance scheme can give financial support. However, these schemes are annual schemes and both are limited to the budget given to the Service and can be dependent on demand. Victims and survivors have indicated that they want a longer term and more secure financial settlement. Wave stated in their document exploring potential models that; An injured pension would also address issues of vital importance to the injured, both securing their financial future and recognising the significant suffering they have experienced since sustaining their injuries. The loss of occupational pension rights, disability discrimination and limited life and career opportunities justify such a measure, additionally, the compensation payments that the injured received have been exhausted in many circumstances, leaving the person solely reliant on the social security system.

6 PROPOSAL The Democratic Unionist Party intend to bring forward legislation to the Northern Ireland Assembly by way of a Private Members Bill to create a special pension to be paid periodically to those who are severely disabled victims as a result of the Troubles. The special pension would be in recognition that those innocent victims most disabled by violent acts during the troubles were not able to work and build up pension contributions. It also acknowledges that those victims and survivors who are most in need want greater security as they move into or through their older years. We are of the view that this pension should be targeted at those who are most in need the severely physically injured.

7 BACKGROUND Over the last few decades, a number of other jurisdictions have put in place special pensions for those injured in particular circumstances. There is therefore some precedent for the State looking after and putting in place special provision for particular categories of citizens. The Wave Injured group examined the issue in more detail and proposed a number of characteristics that such a pension should have; - Any injured pension should be non-contributory - Any injured pension should be non-means tested - Any injured pension should be completely disregarded for the purposes of calculating entitlement to means tested benefit - The level of injured pension payments should be graded to reflect the differing levels of disablement that those injured in the Troubles experienced - Any injured pension should continue beyond state retirement age

8 Key Issues We want to take your views on a number of key issues that would impact on the policy of a special pension; 1. Should there be a special pension? 2. Who should get the special Pension? 3. How would disability be assessed? 4. How often should the pension be paid? 5. Any other issues you may want us to consider

9 QUESTION 1: Should there be a special pension QUESTION 1: Do you agree there should be a special pension for those seriously injured as a result of an incident connected to the Troubles in Northern Ireland? Yes No Maybe I need more information Yes, but only for certain people Additional comments...

10 QUESTION 2: Who should get the special pension? The overwhelming majority of victims and survivors who have lobbied in favour of this issue have indicated it should be for those who were severely physically disabled as a result of an incident connected to the troubles. The Wave Injured Group argue that the pension should be non-means tested, and disregarded for benefits purposes. This means it would not matter what income (including other pension and/or savings) a person would have. QUESTION 2: Do you agree that the special pension should be nonmeans tested i.e. other income and/pension should not be taken into account? Yes NO Maybe I need more information Additional comments...

11 Those who cannot currently work because of a disability connected to a Trouble s related incident could get the special pension when the state pension is payable. This would operate as a top up to the state pension and replace the employer contributions or employment related pension. Alternatively, the pension could be payable immediately however, this potentially would make it an unemployment style payment as opposed to a pension and may have impacts on other social security benefits and unintended tax implications. A third option would be to set an earlier date that the pension could be made payable an option with some private and occupational pensions.

12 QUESTION 3: What age should a person be able to get the pension? Immediately At 55 years old At 60 years old At normal pensionable age once the state pension becomes payable Don t know Younger Additional comments...

13 The payment could be targeted at those who were most impacted by the violence of the troubles such as those with severe injuries. This would target the resources most effectively at a smaller group of people and could be evidenced by the applicant having a certain level of Disability Living Allowance. Once this test was satisfied then the applicant would qualify and no further testing or assessment would take place, regardless of any social security changes that may happen in the future.

14 QUESTION 4: Should the pension be targeted at those most severely disabled? Yes No Maybe I need more information Additional comments...

15 Alternatively, there could be a graded system of payments with smaller amounts going to those with less serious or debilitating injuries, but greater amounts going to those with the most serious injuries. These options would potentially include a much wider group, and therefore impact on the amount that could be payable. In addition, a graded system may require some form of assessment. QUESTION 5: Should a range of disabilities be included? Yes No Maybe I need more information Only if it means that person cannot work because of that disability Additional comments...

16 QUESTION 6: If a range of disabilities are included, should greater amounts be payable for more serious injuries? Yes No Maybe I need more information Additional comments...

17 Many people suffer from psychological trauma, although for many people this can be of a less permanent impact than significant physical injury. Given the permanence of severe physical trauma, should the pension be limited at this time to severe physical trauma? This is an option supported by the Injured Group. QUESTION 7: Should this special pension be limited at this stage to severe physical injuries? Yes No Maybe I need more information Yes, as it is a defined number of people however the other option should also be looked at at a later stage Additional comments...

18 This special pension would be put in place to recognise the particular circumstances and needs of a group of people who have suffered much through no fault of their own. Owing to the fault of other, their careers and opportunities were cut short and they did not have the opportunity to contribute to contributory pensions and have therefore been once again disadvantaged. Therefore, because of the special provision, we believe this should be limited to innocent victims and those who deserve extra support and recognition in this way. We propose that the eligibility criteria for such a pension should not include those who: - are wholly or partly responsible for the criminal act which resulted in their physical disability; - are, or ever have been, convicted of membership of a proscribed organisation; - have been convicted of an offence connected to terrorism or who has been convicted of a serious criminal act connected to a conflict related incident.

19 QUESTION 8: Do you agree with these excluded categories: Yes No Maybe I need more information - Persons who were wholly or partly responsible for the criminal act which resulted in their physical disability; YES - Persons who are, or ever have been, convicted of membership of a proscribed organisation ; YES - Anyone who has been convicted of an offence connected to terrorism or who has been convicted of a serious criminal act connected to a conflict related incident; YES

20 Additional comments or alternative suggestions...

21 HOW WOULD THE DISABILITY BE ASSESSED? If the pension was targeted at the severely physically injured then the test could be either; a. Evidenced by certain levels of Disability Living Allowance b. Assessed by a GP or other medical practitioner c. Assessed in accordance with medical records

22 QUESTION 9: How should the eligibility be assessed? A B C A combination of all 3 depending on circumstances None of the above Additional comments...

23 QUESTION 10: If the eligibility is graded dependant on injury, how should this be assessed?; a. By an independent assessor b. By an independent panel with medical evidence and assessor report c. Evidenced simply by levels of DLA receipt d. GP report A B C d None of the above. Additional comments...

24 How often should the pension be paid? There are a number of options for payment of a special pension. The simplest way would be an annual payment. However, for many it may be more logical and convenient for this to be paid along with the state pension on a more regular basis. The frequency of payments would add to the administrate burden of the scheme, but may be more useful for budgeting. QUESTION 11: Do you have any view about how frequently a special pension should be paid and why? An annual payment Quarterly Along with state pension or weekly benefits It doesn t matter None of the above Why?...

25 How important to you think this issue is?...

26 QUESTION 12: Do you think carers of those who are severely physically disabled should be included in some provision? Yes No They should inherit the pension for at least some time after cared for person passes away They should inherit the pension for life They should have a separate pension or provision Don t know Why?...

27 CONCLUSION QUESTION 13: Are there any final comments, suggestions or observations that you would want to add?...

28 QUESTION 14: Are there any other policy proposals you feel would help support the innocent victims?...

29 QUESTION 15: Do you think we should consider looking at special provision for other groups within the victims such as innocent victims who are widowed?...

30 QUESTION 16 : Would you consider yourself falling within the definition of victim? Yes No QUESTION 17 : Would you consider yourself falling within the definition of severely disabled as a result of the troubles? Yes No QUESTION 18 : Would you consider yourself falling within the definition of severely physically disabled as a result of the troubles? Yes No

31 CONTACT DETAILS OF THE PERSON RESPONDING TO THE CONSULTATION NAME:... Organisation (if applicable):... Gender Address: Tel:... Are you content to be added to a mailing list? Yes No Consultation responses should be posted to; Policy Consultation

32 Democratic Unionist Party Headquarters 91 Dundela Avenue BELFAST BT4 3BU OR TO Head of Policy