6.4.6 When a Former Member is Maintained in Hospital

Last amended: 10 October 2013

Section 127  provides that where:

• A person is receiving incapacity payments; and
• As a result of their service injury or disease is being maintained in a hospital, nursing home or similar place; and
• Has been so maintained for a continuous period of at least one year; and
• Has no dependants; then

we may reduce incapacity payments to no less than half what the person is otherwise entitled to receive. In making this decision we must only take account of the person's probable future needs and expenses and the length of time they are likely to be maintained in the hospital or other facility.

The amount of compensation would not be reduced where the former member has any dependants, dependent young persons or has a dependent young person in the care of another person.