Soldiers (Family Compensation) (Hansard, 16 February 1989)

§ Mr. Ian Stewart

I have been asked to reply on behalf of my right hon. Friend the Secretary of State for Defence.

Under the criminal injuries legislation in Northern Ireland, a soldier's family will be compensated for any financial loss or expenses resulting from his death. Compensation is paid as a tax-free lump sum representing the value of past and capitalised future loss and is assessed broadly on the basis of common law practice. The general objective of the statutory scheme is to ensure that the victim or, if he has died, his dependants, do not suffer financial hardship. It is not and could not be designed to put an arbitrary assessment on the value of a life lost to bereaved members of the dead person's family. Such a loss is beyond price.

Nevertheless, in recognition of the immediate problems which may be faced upon bereavement by the closest members of the family, amending legislation (which came into force on 1 July 1988) provides for the payment of a bereavement award of £3,500 but, as in common law, it is payable only to the spouse of a victim or the parents of an unmarried minor. These same principles are followed by the Criminal Injuries Compensation Board in Great Britain, but exceptionally in Northern Ireland there is no upper limit on financial loss compensation where the death was caused by a terrorist act.

Offers of compensation have been made to the parents of the three single soldiers killed at Lisburn and to the widow of a fourth who was married. Compensation will be assessed in the two remaining cases when outstanding information on the widow's financial loss is received. In the case of the single soldiers, the offers were based on the financial contributions each made to his parents and the length of time the contributions might reasonably have been expected to continue; this is the common law practice. The offer made to the widow of the married soldier took account of the deceased's earnings and his promotion prospects, projected to the normal date of retirement. Any applicant who is dissatisfied with the amount of compensation determined has a statutory right of appeal to the courts.

In addition to statutory compensation, payments are made by the Government under the armed forces pensions scheme and the war pensions scheme. Under the former, financial support in the form of a pension and a tax-free lump sum is provided for widows and dependent children 333W and in the case of a single soldier whose death is attributable to service a tax-free lump sum is paid to his estate. The minimum lump sum paid to the estate of an unmarried soldier below the rank of corporal is £8,792 and the estates of single corporals and sergeants receive at least £11,336 and £12,498 respectively.

The widow of a soldier whose death is attributable to service is entitled, for a period of six months, to a short-term pension under the armed forces pensions scheme based on her husband's daily rate of pay, and thereafter to an attributable family pension for herself and any children. A tax-free lump sum is also payable. The annual pension for the widow of a soldier below the rank of corporal amounts to £3,312 plus £879 per child and for the widows of corporals and sergeants to £4,457 plus £1,134 per child and £4,980 plus £1,250 per child respectively. For the same ranks the minimum lump sum entitlements are £13,188, £17,004 and £18,747.

Under the latter the widow of a soldier with a rank up to and including sergeant would, if under 40 and without dependent children, be entitled to an average pension of £12.40 per week. Otherwise she would be entitled to an average weekly pension of £53.55 and £12 for each dependant child. Allowances for age (for widows over age 65), rent and the education of dependant children may also be paid.