Disability Pension for Retired Soldiers not Applicable after 21 Sep 2023

Veterans and soldiers are worried about New Rules of Disability Pension. All affected veterans and serving soldiers have questions in their mind about whether they will get disability pension or not. Are there any changes in the amount iof disability pension ? In this article you will get the answer to all such questions.

On 10 Oct 2023, MOD has clarified again that the New ER and GMO 2023 is not applicable to those who disabled before 21 Sep 2023. So, all unwilling to sheltered appointment cases as on date (assumed that all were LMC before 21 Sep 2023) will be treated as invalided out of service. So, they are entitled to get disability element and service element both. So, Don’t Worry.

Based on the Clarification (FAQ) published by DESW in their official website and after a detailed study of ER & GMO 2023, we have made efforts to establish the proper understanding on the matters related to applicability of disability pension.

According to the Casualty Pensionary awards and Disability Compensation Entitlement Rules 2023, disability compensation has been broadly categorized into two parts.

Category 1 : Disability pension comprising Service element and Disability Element which is applicable to only Invalided out of service cases.

Category 2 : Impairment Relief which is not a pension but will replace the term disability element for the retired soldiers other than invalided out of service.

As per FAQ Published by the DESW only invalided or are deemed to have been invalided from service on medical grounds with a disability attributable to or aggravated by military service are eligible for disability pension (Service element and disability element). The question and answer published in the website is reproduced below –

Question 7. Who are entitled to Disability Pension?

Answer 7. Only Armed Forces personnel who are invalided or are deemed to have been invalided from service on medical ground with a disability held attributable to or aggravated by military service are eligible for Disability Pension.

So, from the above, it is clear that those LMC soldiers whose disability is attributable/ aggravated by military service, minimum disability assessed by RMB is 20% and are retiring after completion of coloured service / terms of engagement are NOT entitled to get disability pension/disability element. They will get service pension + Impairment relief. This is applicable to the personnel who are retiring on or after 21 September 2023. Those who have already retired before 21 September 2023, they will get the disability pension as entitled at the time of their retirement and drawing till date.

Similar thing is applicable to PMR ( Discharge at own request case also. Now the question is what is impairment relief ? Is there any provision of broadbanding ?

Answer – The Impairment Relief is not a pension as clarified by the Ministry of Defence. Since it is not a pension, DR (DA) is applicable or not is not cleared by the Defence authority. Secondly, applicability of broadbanding of the disability in Impairment relief cases has not been clarified by MoD till date.

The Gist of the discussion is that if you are an LMC with disability attributable to military service (min 20% disab) retiring after 21 Sep 2023 on completion of your terms of engagement or Discharge at your own request, you will not be entitled to get Disability Pension.

Sheltered appointment unwilling cases will now not be counted invalid out cases. So, in case of service below 15 years will not be entitled invalid pension or disability pension. Only impairment relief is applicable to them.

On 10 Oct 2023, MOD has clarified again that the New ER and GMO 2023 is not applicable to those who disabled before 21 Sep 2023. So, all unwilling to sheltered appointment cases as on date (assumed that all were LMC before 21 Sep 2023) will be treated as invalided out of service. So, they are entitled to get disability element and service element both. So, Don’t Worry.