INTERNATIONAL LABOUR OFFICE

STUDIES AND E E P O B T S
Series E (The Disabled) No. 6

THE COMPENSATION
OF

WAR VICTIMS
MEDICAL AID, COMPENSATION
AND WAR PENSIONS

Published in the United Kingdom for t h e INTERNATIONAL LABOUR O F F I C E ,
b y P . S. K I N G & S O N , L t d .

Orchard House, 14 Great Smith Street, Westminster, London, S.W. 1

Printed by
" LA TRIBUNE DE GENÈVE
Geneva - Switzerland

CONTENTS
Page
PREFACE

. . . . . . . . . . . . . . . . . . . .

5

General Principles of the Compensation
A. Legal Basis of Compensation
Legal Basis of the Claim in the Case of Regular Soldiers . ., . .
Legal Basis of the Claim in Modern Armies
Basis of the Claim to Compensation in National Laws

7
7
8
11

B. Conditions for Claiming Compensation
Origin of the Disability
Minimum Degree of Loss Suffered
Pecuniary Circumstances

12
13
20
22

C. Benefits Provided
• • •
Medical Care and Allowances for Temporary Incapacity . . . .
Pensions and Allowances for Permanent Disablement

24
24
26

The Legislation in Force in France, in Germany, in Great Britain
and in Italy
FEANCE
Compensation for Ex-Service Men and their Survivors
Scope and Bisks Covered
Benefits Guaranteed .
Medical and Surgical Treatment and the Supply of Appliances. . .
Pensions and Allowances
Supplementary Assistance
Scholarships and Apprenticeship Allowances for Wards of the Nation

36
36
37
37
39
44
46

Compensation for Civilian War Victims

48

GEEMANY
Compensation for Ex-Service Men and their Dependants
Scope and Eisks Covered
Guaranteed Benefits'
: . . .
Curative Treatment, Sickness Allowance, and Family Allowance . .
Pensions and Allowances
Pensions for Disabled Men
Survivors' Pensions
General Provisions Covering All Categories of Pensioners

49
49
50
50
55
56
59
61

4

CONTENTS

Compensation for Civilian War Victims
Beneficiaries. .
Eights of Injured Persons
Eights of Survivors

-.

Page
63
63
64
65

GREAT BRITAIN
Military Pensions
Medical and Surgical Treatment and Allowances during Treatment.
Disability Pensions
Survivors' Pensions
Prevention of Double Payments

67
68
69
71
73

Mariners
Disability Pensions
Survivors' Pensions

74
75
77

Civilian W a r Victims

78

Scope
Risks Covered
Benefits

78
78
79
ITALY

Compensation for Ex-Service Men and their Survivors
Scope and Bisks Covered
Benefits Guaranteed
Medical a n d Surgical Aid and Appliances
Invalidity Pensions and Allowances
Widows' a n d Orphans' Pensions
,
Pensions of Ascendants and Collaterals
Loss, Suspension and Deprivation of Pension,Rights

83
83
84
84
85
87
88
89

Compensation for Civilian War Victims.

90

PREFACE
The measures of assistance taken during the early months
of the war on behalf of mobilised men and their families were
primarily concerned with the most urgent and general problem,
namely that of bringing aid to the homes of men called up
for military service. Systems of allowances to the families
of mobilised men were introduced or expanded in all those
countries where mobilisation affected a considerable proportion
of the occupied population.
Monetary help to the families of mobilised men, however,
is only one aspect, and not the most complex one, of the
measures to be taken to give effect to the principle of national
solidarity for the benefit of members of the forces and their
dependants.
Thus most of the belligerent countries have readjusted to
present conditions their systems of war pensions, retaining
as a general rule the principles hitherto in force, but making
certain changes, sometimes of a far-reaching kind, in order
to take account of the lessons of experience.
To the measures of compensation thus introduced or
reintroduced may be added the provisions necessary to ensure
the reinstatement of the war victim in the community, such
as vocational rehabilitation, reservation for war victims of
certain posts in the public services, and preferential or
compulsory engagement in private undertakings.
The present study, — which consists of a series of articles
by Mr. C. Dechamp, of the Social Insurance Section of the
International Labour Office, published in the International
Labour Review from January to September 1940, — is restricted
to an examination of the general principles governing medical
aid and war pensions. It contains a comparative account
of the essential features of compensation at the beginning of
the present war : legal basis of the right to compensation,
conditions under which this right comes into play, and benefits
guaranteed. This is followed by four monographs giving a
survey of the measures in force during the early months of
1940 to regulate compensation for war victims in France,
Germany, Great Britain and Italy.

GENERAL PRINCIPLES
OF THE COMPENSATION
A . — Legal Basis of Compensation
The legal basis of the claim of war victims to compensation
is of importance not only on moral grounds b u t also because that
legal basis has a decisive influence on the rules for the payment of
compensation.
The organisation and application of the system will differ
according to whether the claim is based on a concept of compensation,
of recompense, or of relief ; the conditions for the granting of compensation and the amount granted will vary in those three cases.
An attempt will be made below to indicate the principles
underlying modern legislation concerning pensions for war victims,
whether regular soldiers or persons called up for military service.
Legal Basis of the Claim in the Gase of Regular

Soldiers

Voluntary service with the colours, which is the situation of
regular soldiers, involves the acquisition of certain rights, the extent
and conditions of which are known in advance to the individual
concerned. Those rights include the grant of a pension, varying
with pay or rank, after a certain number of years of service. If
it is impossible for the soldier to remain in the service because of
infirmity resulting from the performance of his duties, he may
receive a proportionate pension ; and similarly in the event of
death attributable to his service.
A proportionate long-service pension does not correspond to the
extent of the injury suffered,, which is twofold : the loss of the
soldier's pay and the loss of the opportunity of promotion which
would have involved an increase in his pay. The proportionate
pension is always less than the pay actually received at the time
of the injury, and if the soldier's service ceases early in his career
his pension is far from being as large as the long-service pension
which he would have received after a normal period of service
with normal promotion.

8

COMPENSATION OP WAE VICTIMS

This system cannot, of. course, be applied to conscript soldiers.
As the right to a pension implies that it is impossible for the soldier
to remain in the service, his injuries must be deemed incurable ;
moreover, the rate of pension depends on the amount of the pension
for length of service and thus cannot be adapted to the severity of the
injuries or to their effects on the individual's earning capacity in
civil life.
In view of these facts the countries with conscript armies had
introduced changes in their pension schemes even before the war
of 1914-1918 so as to adapt the pensions more closely to the severity
of the injuries and make them independent of the condition of unfitness for further service ; this was done by an Act of 1906 in Germany,
by an Act of 1912 in Italy, and by the system of discharge gratuities
in Prance. At the present time, regular soldiers who are disabled
as a result of their service have usually a choice between a proportionate long-service pension for the rank which they hold and
the disablement pension provided for soldiers called up for service.
Legal Basis of the Claim in Modern Armies
During or after the war of 1914-1918 the need for providing
adequate compensation adapted to circumstances for those who
were sick Or injured and for the survivors of those who died soon
led all the belligerent countries to establish their systems of compensation for war. victims on a new basis. The basis selected varied
according to the conception of the nation's obligation in virtue
of which the pensions were to he paid. This obligation could be
considered : {a) as a debt of gratitude or remuneration for services
rendered ; (b) as an obligation to grant relief, based on the right
of every individual to live and on the interdependence of all members
of society ; (c) as an obligation to make good the injury suffered,
this obligation deriving from the conception that no citizen should
be required to contribute more than his fair share in the service
of the community ; (d) as an obligation derived from the conception
that the State is responsible for all its acts, including the acts of
the Government.
National Gratitude: Remuneration for Services Rendered.
The nature of the services rendered by combatants may lead
the authorities to grant pensions as an expression of the gratitude
of the nation to those who.have defended its property and its free-.
dorn. These benefits are then considered either as remuneration
for services rendered or as the payment of a debt owed by the
nation. The basis for calculating the allowance would be the
extent of the services rendered, no account being taken of the injury
suffered by the individual. But the pensions paid to war victims
are not intended as remuneration for a service which, in the case
of combatants, cannot be assessed ; on the contrary, they are

GENERAL PRINCIPLES OF THE COMPENSATION

9

intended to provide compensation for some injury. The injury
can be attributed to the services rendered, but its extent has no
connection with the duration or nature of those services.
If the concept of remuneration or recompense is taken as a basis
for the claims of war victims it provides no definite basis for determining the amount of the compensation, since the obligations arising
out of these concepts depend not on the extent of the injury but
on the value of the individual's services. The only influence t h a t
these concepts might have would be a subsidiary one on the amount
of the basic pension, which must be justified and assessed in the
light of other principles.
Relief Based on Social Solidarity.
The conception of the benefits to be granted to war victims
as being in the nature of relief is rooted in the obligation of the
community to assist persons who are not capable of self-support
and if necessary to provide them with the whole of their livelihood.
This conception of the claim to relief as determining the liability
of the State towards war victims is based, in part at least, on a
criterion that has no connection with the ideas of charity or pity.
The obligation to grant relief may be considered as deriving, on the
one hand, from the right of every individual to live and, on the
other hand, from the fact that it is in the interests of the community
not to overlook this right, the infringement of which would involve
social disorders and demoralisation. Thus relief cannot be considered
as alms but rather as the payment of a social debt ; the right of the
individual to live and the resulting obligations of the community
form a part of positive law. This conception, which is sometimes laid
down in modern constitutions, means in practice a steady development of legislation providing free pensions for the aged, for widows,
and for persons unable to work who are in necessitous circumstances.
The principle of the interdependence of all members of society and
the consequent obligation to grant relief provides a sound basis for
determining the obligations of the State towards war victims, both
as regards the right to compensation and as regards the amount of
the pensions to be paid. The extent of these obligations will depend
on the needs of the claimants, and the amount of the pension must
be such that it makes up the amount of income considered necessary
for livelihood. The obligation to grant relief will cease wherever,
as a result of any circumstances, the claimant is able to exist without
the assistance of the community. This system does not grant any
definite right to war victims who are not wholly or partly deprived
of their ability to earn a livelihood, even though they have suffered
injuries to their health or a loss of property. This means that the
scope of relief measures may be very limited.
In detennining the needs which justify the grant of relief by the
community the authorities may, it is true, grade claimants and make
distinctions not only according to the habits, mode of life, and social

10

COMPENSATION OP WAR VICTIMS

environment, of the individuals, but also according to the circumstances rendering them incapable of earning a living.
The scope of the measures for the benefit of war victims may thus
be extended ; in defining necessitous circumstances account can be
taken of the obligation of the community to provide the individual
with a certain standard of living or to enable him to develop his
faculties to the full. Pensions may be granted on a liberal scale,
and war victims may be given facilities for their return to suitable
employment ; but there is no recognition of the right to full compensation for the injury suffered. In affording relief, the community is,
by its voluntary act, taking account of the social fact of interdependence ; this act is itself a social fact, which transcends the individual
and grants him certain compensation without actually recognising
his. right to such compensation, since the amount depends not so
much on the extent of the injury as on the extent to which the
community considers that it should and can provide compensation.
Compensation to Restore Equality of Sacrifice.
Though the concept of solidarity, when invoked merely as a
basis for relief, cannot confer on the individual a right to compensation for any injury received in defending the community, it can
confer such a right if it is taken as implying equality of sacrifice for
all citizens and not simply as an obligation on the part of the
community to help those who have no means of livelihood. The
principle that no citizen should be required to make greater sacrifices
than his fellows to the State is one of the most definite juridical
applications of the idea of solidarity. When the services required
by the community of an individual involve an injury greater than
the sacrifice required of all other members of the community, the
obligation arises for the community to distribute over all its members
the burden of the injury in question in order to restore the equality
of sacrifice. If founded on this principle, legislation to make good
loss caused by war, whether the loss be material damage or bodily
injury, is a compensation measure in the strict sense ; those affected
have a claim to compensation which rests on their rights as
individuals. It is the existence of the injury and not the situation
of the injured person which creates the right ; the use to which the
indemnity is put is no concern of the State.
Liability of the State for Damage Resulting from its Acts.
The claim of war victims to compensation may also be based on
the liability of the State in connection with the operation of a public
service. This liability of the State does not imply any idea of fault.
The question is, out of what funds an injury resulting from the
working of a public service should be made good. Legislation
concerning civil liability is not legislation of the arbitrary type,
brought into existence simply by the will of the legislative authori-

GENERAL PRINCIPLES OP THE COMPENSATION

11

ties ; it is a direct and necessary consequence of a higher principle
of equity dominating the whole system of law on which organised
societies are founded. This principle has also penetrated into modern
public law and does not permit any one citizen to suffer more than
others from the acts of the public authorities, which are supposed
to be carried out in the interests of the community as a whole.
Hence, the principle of the liability of the State for the consequences
of governmental acts links up with the idea that no citizen should
make greater sacrifices than his fellows for the benefit of the community. These two ideas are based on the same conception of the
equity to be observed in the relations of the State to the individual.
If State liability is taken as the basis of the claims of war victims
the amount and nature of the benefits due to them can be clearly
defined. They are entitled to complete compensation for the injury
suffered as a result of national defence ; the only obstacle which
could prevent the exercise of this right would be material impossibility.
Basis of the Claim to Compensation in National

Laws

The consequences of the theoretical obligation of the community to grant compensation are never fully admitted in legislation. Whether the right is formally laid down (as in Prance) or
merely admitted implicitly (as in Belgium, Germany, Italy, the
United States, etc.) a compromise is always effected between the
right of the individual and the interests of the community—between
the obligation to grant compensation and the financial possibilities
of doing so. The fear of imposing an undue burden of expenditure
on the State is doubtless the main reason why practically every
country has rejected the solution of paying pensions equivalent
to the actual loss of income. Great Britain and South Africa were
the only countries which, in their legislation at the end of the war
of 1914-1918, allowed the claimant to choose a pension equal to
the loss or decline of income from his occupation, but this option
has not been retained in the new British legislation, and at the
present time it is usually the cost of living—that is, the sum required
to provide a livelihood for the disabled person—which is taken
as a basis for compensation. The amount payable is sometimes
a fixed sum (as in the United States), and sometimes varies under
the influence of the concepts of remuneration or recompense for
services rendered (as in Belgium, Canada, Prance, Great Britain,
and Italy), but the basic allowance is always determined by the cost
of living. To fix pensions according to the cost of living, however,
is one of the fundamental characteristics of systems based on the
idea, of public relief ; they aim at providing for the subsistence of
war victims who are unable to work and, by definition, the pensions
provided must enable the pensioner to maintain a specified standard
of living.
Thus in all the laws, no matter what their basic principles may
be, the compensation is, in practice, a compromise,. only partly

12

COMPENSATION OF WAB VICTIMS

covering the loss actually suffered by the claimant, and in this respect
there is no distinction between relief measures and compensation
legislation.
On the other hand, whatever may be the method adopted
for calculating the compensation and the relationship between
the compensation and the loss suffered, if the purpose is to make
good some injury no condition as to necessitous circumstances
can be imposed. So long as the claimant has suffered an injury
attributable to this service, he is entitled to compensation.
The benefit of relief measures, on the contrary, must, by definition, be reserved for persons who are unable to maintain, without
the help of the community, what is considered to be a reasonable
standard of living. That is the fundamental distinction between
relief measures and compensation.
On this basis, it is possible to classify as compensation legislation the laws in force in France, Germany, and Great Britain, and
those adopted after the war of 1914-1918 in Belgium, Italy, the
United States, etc.
It is true that this classification is not strictly accurate in all
its implications, because in all those countries the payment of
certain benefits (for example, parents' pensions) is subject to con-'
ditions of economic dependence or necessitous circumstances.
On the whole, however; it accords with the principles underlying
the legislation of those countries, which, generally speaking, do
not make their pensions dependent on the economic situation of the
claimants, as was done, for example, in the Central European
countries after the war of 1914-1918, when the benefits granted
to war victims were systematically administered as part of the
poor relief measures of the country, no benefits being paid if the
claimant had a substantial income from another source.
B. — Conditions for Claiming Compensation
The right of war victims to compensation is affected in the
first place by the rules defining the military formations or services
to which the legislation applies.
In the present article, however, it was not feasible to make
a comparative study of the rules laid down in the different countries
to define the scope of their compensation or pension laws. It would
be impossible to assess exactly the implications of these rules without
considering whether the provisions in question cover all persons
liable to suffer one of the injuries mentioned in the legislation or
not. That would involve a study of the various types of military
organisation adopted in each country during the war and a comparison of the military organisation with the scope of the pensions
legislation. Such an enquiry would go far beyond the scope of this
study, and in any case the conclusions reached would have little
more than academic value, since in most cases injury caused by the war
to persons not covered by the military pensions legislation is covered
by special provisions concerning civilian war victims. The con-

GENERAL PRINCIPLES OP THE COMPENSATION

13

ditions under which persons falling within the scope of the legislation may claim compensation will therefore be considered without
any reference to the clauses defining those persons. Any differences that may exist between the national laws as to their exact
scope will be ignored.
The acceptance of the claims of ex-service men or their survivors
for compensation for injury suffered is always dependent on the
origin and severity of the injuries, which must be attributable to the
soldier's service and reach a specified degree of severity, with
sufficiently marked consequences, before compensation can be
granted.
In most of the laws, as was pointed out, the right to certain
benefits depends on the claimant's being actually in want, or at
least in straitened circumstances.
As a general rule, also, claims for compensation are not accepted
as valid unless they are submitted within a certain time limit, beyond
which the ex-soldier or his survivors are precluded from making
any claim.
The above conditions do not, of course, exhaust the list of those
that are laid down for the granting of compensation ; there are also
conditions of nationality, age, family situation, marriage, etc., which
apply more particularly to survivors. These, however, are subsidiary
conditions, which may affect the extent of the rights of war victims
once they have satisfied the general conditions concerning the origin
or severity of the disability, the time limit for submitting claims,
and the means test, if any. The present study will deal only with the
general conditions.
Origin of the

Disability

The conditions concerning the origin of the disability include :
(1) the existence of a relationship of cause and effect between the
soldier's service and the injury or disease found to exist either during
his service with the colours or within a time limit fixed by the
legislation after his discharge ; (2) the existence of a medical relationship between the disability attributable to his service and t h a t on
which the claim to compensation is based.
To supply proof of a relationship of cause and effect between the
soldier's service and his disability does not necessarily imply t h a t
the whole of that disability must be shown to be due to the strain
or danger of his service. The service may merely have aggravated a
pre-existing condition, in which case one must consider whether it is
necessary to determine what fraction of the disability is due to his
service and whether compensation should be paid for that fraction
only. The special case of a condition aggravated by the soldier's
service will be dealt with separately below.
Attribution to Service of Disabilities
within a Statutory Time Limit.

Occurring

Disabilities from which a soldier is found to be suffering while
serving with the colours or before the expiration of a certain time

14

COMPENSATION OF WAR VICTIMS

limit laid down in the legislation may be legally presumed to be
attributable to his service or may be accepted as such only in so far
as the existence of a relationship of cause and effect between his
service and t h e disability can be reasonably proved.
Legal presumption of imputability.
When the legislation establishes a legal presumption that the disability is attributable to service,
any disability which is discovered during the period of presumption
must be considered as due to the soldier's service.
When a man is accepted for military. service, he is deemed
to be in good health and fit to bear the fatigues and dangers involved.
As soon as he is under the supervision of his commanding officer, he
has no possibility of avoiding the obligations and risks imposed on
him. I n return for this presumption of good health at the outset and
subordination to a military authority, the soldier and his survivors
are given the guarantee that any accidents occurring during his
period of subordination to the military authority will be considered
as due to his service, even if they were brought about by chance or
by inadvertence or some fault on the part of the soldier himself.
Diseases contracted or aggravated during the period of service
are deemed to be due to the fatigue and state of low resistance resulting from the general obligations imposed on the soldier. Even
diseases which appear after the ex-soldier has ceased to be under a
military authority may be presumed to be attributable to his service.
If one considers that the strain of the service is such as to reduce the
soldier's powers of resistance to disease, it must be concluded that
this condition continues for a certain time after his discharge and
therefore t h a t diseases contracted or aggravated during that period
after his military service may nevertheless be attributed to his
service.
I n those circumstances, it is unnecessary to show proof of a
relationship of cause and effect between the disability suffered and
any fact or group of facts connected with his military service. The
mere certification of some disability during the period of presumption
is sufficient for that disability to be attributed to his service. .
If the legal presumption thus established is conclusive, any
disability t h a t exists must be attributed to the soldier's service. On
the other hand, a conditional legal presumption can be rebutted by
proving that in the special circumstances the infirmity cannot be
considered as attributable to his service.
The evidence adduced cannot destroy the legal presumption
unless it definitely shows that the hypothesis accepted by the legisla. tion cannot apply to the particular case.
If the facts advanced in opposition to the legal presumption
merely create in the mind of the judge a more or less intuitive, and
therefore arbitrary, counter-presumption, this cannot suffice to
overthrow the presumption established in the law. A mere possi-.
bility cannot destroy the legal presumption.
The. question whether proof to the contrary has been given
is for the judge to determine in each case. It is à point of fact in
respect of which the judge's decision cannot be quashed.

GENERAL PRINCIPLES OF THE COMPENSATION

15

In any case, a mere interpretation of medical theory, which is in
a constant state of evolution, is not sufficient to overthrow the legal
presumption ; it cannot, of course, be a question here of anything
other than an interpretation of medical theory, for there can be
no ignoring the soundly-established concrete data of science. If
science is sufficiently advanced to permit of undoubted proof to the
contrary, that proof should be sought and exhibited. In short,
when the legal presumption is conditional it can "be rebutted by a
scientific fact but not by mere medical opinion. 1
I t is only in very exceptional cases that provision is made for
conclusive presumption ; such provision is found only in the United
States, where it applies only to disabilities reducing the claimant to
a state of indigence. Subject to that reservation, the legal presumption of imputability is or was merely conditional and liable to
be overthrown by proof to the contrary in Canada, the United States
(for infirmities other than those mentioned), France, Italy, and
Belgium.
In Canada the presumption applied to all injuries detected prior
to the demobilisation of members of the Canadian Expeditionary
Forces.
In the United States the period of legal presumption expired on
1 January 1925 for those who took part in the war of 1914-1918
and were suffering from any neuro-psychiatric infirmity, tuberculosis,
etc.
In France, the Decree of 20 January 1940 lays down that infirmities resulting from wounds noted before the soldier is discharged
entitle him to a pension unless it can be shown that these wounds
were not due to war action or to accidents sufferred as a result of
and in the course of his service, the burden of proof resting on the
State.
Unless the State can show proof to the contrary, any disease
contracted by a soldier on active service is presumed to be due to
his service if its existence is discovered within a certain time limit.
This presumption of origin applies to diseases discovered : (a)
during any period when the soldier or seaman in question is on
active service ; (b) within the 30 days following any such period ;
(c) before the individual is discharged in the case of a soldier or
seaman who has been on active service for 90 days, whether consecutive or not.
According to the Decree, claimants in whose case there is no
presumption of origin are free to advance proof of any kind t h a t
their infirmities are really attributable to their war service. Conversely, when there is a presumption of origin the State may bring a n y
kind of evidence to prove the contrary.
Italian legislation excludes from the legal presumption of
imputability to service any injuries suffered by soldiers serving in
offices or engaged in sedentary work outside the zone of operations.
In Belgium the presumption extended to all injuries discovered
within the statutory time limit, but the rates of compensation
1

Charles VALENTINO : La présomption

d'origine (Paris, 1927).

16

COMPENSATION OF WAB, VICTIMS

differed according to whether the infirmity or death was actually
due to the performance of the soldier's duty—that is, was caused
as a result of his service—or whether it was merely presumed to be
attributable to his service because the injury was discovered within
the statutory period.
All injuries noted during the period of service or during the six
months following the discharge of the soldier or within a period of
six months from the date of promulgation of the Act of 25 August
1920 were considered as being attributable to his service. All
injuries suffered by men who had taken part in the war of 1914-1918
were therefore presumed to be attributable to their service if they
were discovered before 25 February 1921. Similar rules applied
in the case of death. .
Disability attributable to service in the absence of presumption.
When there can be no legal presumption that the disability is
attributable to service, either because the infirmity is not discovered
within the statutory time limit or because the legislation makes no
provision for such a presumption, the ex-soldier or his survivors
must as a rule " prove " that the condition in question is due to
the period of service.
In Germany the existence of a relationship of cause and effect
between the service and the disability is taken to exist if it seems
probable. The claimant must therefore show in the first place that
his injuries were probably due to his service ; the legislation does
not require him to bring formal proof nor does it state what conditions constitute probability. This is therefore a case of mere presumption left largely to the personal opinion of the official or
magistrate responsible for dealing with the case.
In Great Britain, on the other hand, the legislation would seem
to require proof of a definite relationship of cause and effect between
the service and the disability. It stipulates that there must be
definite direct or collateral evidence sufficiently good to leave no
doubt in the mind of the certifying authority that the disability or
its aggravation is in fact attributable to war service.
The same obviously holds good in countries in which there is
a legal presumption if for any reason this legal presumption does
not apply to the disability in question because it is reported too
late or because of the nature of the service, etc.
In the absence of any legal presumption, then, the question of
the influence of the service on the origin or development of any
disability remains a question of individual opinion or conviction
as to the value of the evidence advanced in support of the claim.
When the relationship of cause and effect is sufficiently clear the
disability may be presumed to be attributable to service. It would
seem that absolute proof of a direct relationship of cause and effect
is scarcely ever required, but this type of presumption, which is left
to the intelligence and wisdom of the official or magistrate responsible,
is very different from the legal presumption discussed above. In
this case it is the claimant who must show that there is sufficient

GENERAL PRINCIPLES OF THE COMPENSATION

17

evidence of a relationship of cause and effect between his service
and his disability. He must convince the responsible official that
any affection from which he suffers was brought on by his service.
Thus, the personal views of the official and his convictions arising
out of those views are the decisive factor.
Medical Justification of ihe Claim ; Time Limits.
The existence of a disability recognised as attributable to service
is not a sufficient reason for the payment of compensation unless
it can be shown that the disability in question was responsible
for the state of disablement or the death in respect of which the
pension is claimed.
In the case of both death and disablement a relationship must
be shown to exist between this event or condition and the disability
caused by the claimant's service. This relationship must be proved
by certificates from a doctor or doctors who treated the case or by
some other evidence sufficient to convince the administrative or
judicial authority that the relationship exists. It is always the
claimant who is responsible for proving the medical relationship
of cause and effect, the existence of which is a matter of fact left
to the responsible authority to decide.
The fact that the widow of a seriously disabled man is entitled
to a reduced pension (reversionary pension), even if his infirmities
were not responsible for his death, does not invalidate the above
rule. For in this case the widow's claim would seem to be based
mainly on the desire to provide some compensation for the fact
that the disabled man was unable as a result of his infirmities to
earn enough to provide for the future of his family. That desire
is probably supplemented by a certain presumption that the man's
physical resistance was reduced by his infirmities, but this would
seem to be a very secondary consideration. The widow's claim
to a reversionary pension is based much more on the economic
consequences legally attributed to her husband's infirmities than
on any presumption of reduced powers of resistance. That is why
under the laws of certain countries the widow of a seriously disabled
man may claim either a reversionary pension (in France) or relief
in place of the pension (in Germany), even although it can be shown
that the infirmities resulting from his service had no influence
whatsoever on his death.
This payment of a pension when no relationship of cause and
effect can be shown to exist between the death or disablement
and the service is exceptional, and is to be met with only in the
case of the reversionary pension to a widow when death cannot
be attributed to the husband's service. This right is rarely granted,
and the new British legislation, for example, does not contain any
such provision, although the legislation applying to victims of the
war of 1914-1918 did so.
The obligation to establish a medical relationship between
the death or disablement and the physical lesion resulting from
2

18

COMPENSATION OP WAB, VICTIMS

service is thus a general rule governing the right to a pension, there
being apparently only one exception : French legislation provides
that if death occurs within one year of the date on which the soldier
returns home it is deemed to be due to a disease or wounds attributable to his service unless evidence can be brought to the contrary.
The second obligation imposed on claimants is that they must
make application for their pension within a certain period from
the date of their discharge or from the date of origin of their
infirmities. The only justification for this rule is that it is difficult,
if not impossible, in many cases to establish a relationship of cause
and effect between a man's service and his infirmities if the latter
do not appear until several years after his discharge. On the other
hand, it may be argued that although it is difficult or even impossible to prove such a relationship because of the long period that
has elapsed this is not a sufficient reason to deprive the claimant of
his right to a pension. Although the first manifestations of the infirmity do not appear for some considerable time, the medical relationship between an affection due to service, the origin of which is not
contested" although no claim was based upon it at the time, and certain disorders occurring at a much later date may be perfectly clear.
It is the claimant who is always responsible for showing the relationship between the occurrence which has,been recognised as due to
his service (by presumption or by legal proof) and the condition
on which he bases his claim. However difficult it may be for the
claimant to supply such proof, he should have the possibility of
asserting his rights, and such a possibility would not open the door
for unfounded claims because it is always the administrative or
judicial authority who must decide whether the condition in question
is in fact attributable to the claimant's service.
Most laws, however, lay down time limits beyond which war
victims cannot make good their claims.
I n the case of disabled men, the period for submitting claims
for pensions after the war of 1914-1918 expired on 31 December 1928
in Belgium, 1 April 1922 in Germany, 31 December 1923 in Italy, etc.
I n France applications for a pension must be submitted within
five years of the date on which the infirmity is detected or on which
the claimant's service comes to an end. If, however, the infirmity
is due to wounds resulting from military action or accidents suffered
as a result and in the course of service there is no time limit for
claiming a pension.
I n Great Britain, under the present regulations, the time limit
is reckoned from the date of termination of the soldier's service
or the end of the war, whichever is the earlier. The claim must
be submitted within seven years, but this is not an absolute limit,
as the responsible Minister may in certain duly justified cases accept
later claims.
I n the case of survivors, applications for pensions are always
in order if submitted within the time limits mentioned above in
connection with disablement claims. In all other cases, the claim

GENERAL PRINCIPLES OF THE COMPENSATION

19

must be made within a certain period following the date of death.
Widows and orphans may, as a rule, claim pensions irrespective of
the period that elapses between the soldier's discharge and his death.
In Great Britain, however, widows, orphans, and parents, are
not entitled to pensions unless death occurs within seven years
from the date on which the soldier is wounded or from the date of
his discharge in the case of illness. It is a question here of the
latest date, not for the submission of a claim (for which no time
limit is laid down), but for the event of death in order that it may
create a valid claim.
With regard to parents, the time limit begins at the date on
which they satisfy the conditions of age and necessitous circumstances required by the legislation. The only exception to this rule
would seem to be in Germany, where applications for parents'
pensions must as a rule be submitted within three years of the death
of the person in respect of whom the claim exists.
Aggravation of Existing Disability Attributable to Service^
The strain or danger of war service may not only give rise to
entirely new infirmities irrespective of the previous state of health
but may also affect the development of existing affections or infirmities.
If compensation is to be paid for an infirmity aggravated by
war service the aggravation must be mainly attributable to the
claimant's service with the colours, since the right to compensation
depends on the presumption of a relationship of cause and effect.
between the claimant's service and his injury.
If an aggravation of an infirmity after the soldier's discharge
is obviously due to the normal development of a state of health
which was not affected by his service, either because his service
was short or because the nature of the affection renders such an
influence impossible, no compensation is due. When the presumption
of imputability to service applies to aggravations of a disease noted
within a specified period (as was the case in Canada, the United
States, Italy, and Belgium, and also in France under the scheme
originally established by the Act of 31 March 1919), the presumption
is rebutted if it can be shown that the aggravation in question
merely represents the normal development of a state of affairs
which existed when the soldier entered the army. On the other
hand, whenever war service can be considered as having been the
real or presumed cause of the aggravation, the question arises
whether the compensation should cover the whole of the injury
suffered or only that fraction due to the influence of war service.
In the event of death the degree to which the disability was
aggravated by' war service is never separately assessed, and compensation is paid as if death were actually due to infirmities contracted while on service.
In the case of disablement the situation is different, and two
systems exist.

20

COMPENSATION OF WAE VICTIMS

The first system follows from the position that it is impossible
in practice to discriminate between those consequences of a disease
which are probably due to war service and those representing
the normal evolution of a pre-existing state of ill-health : only
the total disability can be assessed. Consequently, certain laws,
such as those of Great Britain and Italy, expressly or implicitly
provide that compensation must be paid for any disability only
partially due to war service as if it were wholly attributable to
the strain and danger to which the soldier was exposed while with
the colours. The same system existed in France under the original
scheme laid down by the Act of 31 March 1919.
On the other hand, in Belgium, Germany, the United States,
and since 20 January 1940 in France, the legislation or regulations state that compensation must be proportionate to the aggravation of the pre-existing state, the degree of incapacity existing
when service began being deducted from the total degree of injury.
Compensation is thus paid for the whole of the aggravation
that is found to have taken place since the claimant's service began
and not 'simply for that part of the aggravation attributable to
his war service. The Belgian, German and United States legislation
further provides that pre-existing disabilities cannot be deducted
from the total disability unless they were officially recorded when
the claimant was enrolled.
French legislation adds that a pension payable in respect of
the aggravation of a pre-existing infirmity must be based on the
total percentage of invalidity resulting from the earlier infirmity
and its aggravation if that percentage is 60 per cent, or over.
The second system, which was formerly applied in Austria,
is based on exactly the opposite conception. The view is taken
that only that fraction of the aggravation of the disability which
can be attributed to war service can be taken into consideration
in determining the compensation. In the case of a pre-existing
disease the aggravation must be divided into two parts, the one
being assumed to be due to the normal development of the disease
and the other attributable to war service. There is no need to
point out the great hardships that may result from such a
conception.
Minimum Degree of Loss Suffered
Whatever method may be adopted for assessing the injury
resulting from death or disablement, the compensation is always
based on some economic loss ; it is impossible to assess in terms
of money and compensate with a pension the suffering caused by
the loss of a husband, a father, or a son, the amputation of a limb,
blindness, or the ravages of a disease. The injury " suffered must
therefore be assessed in its material aspects.
The basis for the payment of compensation is always the loss
of income resulting from the death of the family breadwinner,
or the reduction (actual or presumed) in his earnings in the event

GENERAL PRINCIPLES OF THE COMPENSATION

21

of incapacity. But the conditions under which a sufficient degree
of material loss is considered to exist vary considerably from legislation to legislation, and even for different categories of claimants
within the same country. The provisions applying to disabled
persons and to survivors will be examined successively.
Disabled Persons.
Infirmities involving a very slight loss of working capacity are
considered as relatively unimportant, since physiological and occupational adaptation can quickly take place and, in the end, the injured
person suffers no appreciable loss. In accordance with this principle
most laws grant a pension only when a certain minimum degree
of incapacity is shown to exist ; this may be calculated either in
terms of actual loss of earning capacity or in accordance with a
schedule showing the average degree of incapacity for work involved
in various types of infirmities.
The minimum is fixed at 25 per cent, incapacity in Germany
and 10 per cent, in the United States. In countries in which a
schedule is applied showing the average percentage of loss of working
capacity for each type of injury, the minimum for pension purposes
is sometimes 10 per cent, (in Belgium and, in the case of infirmities
resulting from a wound, in Prance) or 20 per cent, (in Great Britain
and, in the case of infirmities resulting from disease, in France) or
about 30 per cent, (in Italy). I t should be added that in Great Britain
and in Italy, when an infirmity involves a degree of disablement
lower than the minimum for pension purposes, a lump sum or a
temporary pension during the period of physiological and occupational rehabilitation are, or have been, granted.
/Survivors.
I n the case of survivors, as was mentioned, the material loss is the
decbine in income resulting from the death of the family breadwinner ; the degree of severity of the loss therefore depends on the
extent to which the former soldier contributed towards the maintenance of the dependants.
In practice, the payments made to survivors rarely depend on
the actual amount of the contribution of the deceased towards the
needs of his family. The amount of that contribution is presumed
by the law according to the age and capacity or incapacity for work
of the survivors, the number of persons maintained by the deceased,
his rank or occupation, and the degree of relationship to the deceased.
In the case of the widow and children, it is generally assumed
that they were economically dependent and have therefore suffered
a material loss. The age above which children are no longer conclusively presumed to be dependent is fixed at 16 in Germany, 18 in
France, and 16 or 18 in Great Britain, according as the child's father
was a soldier or an officer.

22

COMPENSATION OF WAR VICTIMS

After the war of 1914-1918, however, an exception to this rule
was made in most of the central European countries, where widows'
and orphans' pensions were granted only when the claimants were
in necessitous circumstances.
In Belgium, France, Germany, Great Britain, Italy 1 , and the
United States, on the other hand, the right to a widow's or orphan's
pension does not depend on the material situation of the claimant.
The position is different for parents and collateral relatives, who
may never claim benefits unless they are in necessitous circumstances
or were at least economically dependent on the deceased.
It should be remembered that in Germany (supplementary
pensions) and in Great Britain (special pension rates for widows
incapable of self-support or with family responsibilities, and special
education grants for children) the pecuniary circumstances of widows
and orphans influence the rate of benefit although they do not affect
their right to compensation.
The rules for assessing the degree of economic dependence or the
pecuniary circumstances in France, Germany, and Great Britain, are
summarised below.
^Pecuniary Circumstances
France.
The only type of benefit under French legislation which is made
conditional on pecuniary circumstances is the parents' pension,
which cannot be paid in full unless the income from other sources
is leas than 15,000 francs a year in the case of a single claimant or
20,000 francs in the case of two parents. Moreover, the parents'
pension is only granted to the father and to the mother from ages
60 and 55 respectively. No age condition is imposed, however, if the
parents or either of them is infirm or suffering from incurable disease.
It should be noted, however, that the supplementary assistance
which may be granted to war victims in addition to the statutory
benefits—a particularly important factor in the case of orphans
and the children of seriously disabled men (wards of the nation)—is
always dependent on the claimant's being, if not actually indigent,
at least in straitened circumstances.
Germany.
German legislation does not insist on the existence of necessitous
circumstances in the case of disabled persons, widows, or orphans,
except when it is a case of granting reHef because there is no valid
claim to a pension or a case of granting a supplementary pension in
addition to that normally due under the legislation.
The supplementary pension is payable only if the income of
the claimant does not exceed a sum varying between 80 and 125
marks a month according to the place of residence, degree of loss of
1

Provisions applying to victims of t h e war of 1914-1918.

GENERAL PRINCIPLES OF THE COMPENSATION

23

earning capacity, etc. This maximum may be increased to take
account of family responsibilities, and certain sources of income
are not included in reckoning the total income for this purpose. For
example, any income earned by the widow up to 30 marks a month
is exempt.
In the case of parents, the conditions concerning pecuniary
circumstances are much more strict, the pension being reserved for
parents maintained by the deceased and suffering from a general
loss of earning capacity deemed to be not less than two-thirds,
provided always that they are not entitled to claim maintenance
from any other person who could reasonably provide it. Moreover,
the right to a pension may not be granted unless the monthly income
of the parties does not exceed from 52 to 60 marks, according to
the place of residence, when there are two parents, or 80 per cent.
of those figures when there is a single parent. A mother who is fit
for work but is responsible for the maintenance and education of
children is deemed to be incapable of self-support. When the income
exceeds the above limits or when the persons responsible for the
maintenance of the parents would have considerable difficulty in
meeting their obligations, parents' relief may be granted. This
relief may also be provided when the condition of dependence on
the deceased soldier is not entirely fulfilled.
Great Britain.
In British legislation there are quite a number of benefits which
are payable only when the pecuniary circumstances call for them,
but apart from parents' pensions these benefits are of only secondary
importance among the various pensions and allowances payable to
war victims.
The pecuniary circumstances of the claimant are taken into
account for the payment of family allowances as a supplement to
the disability pension, but only if the pensioner was an officer. The
special education grant which may be paid in respect of any child
over the age' of eight years is always subject to a condition of pecuniary necessity, whether the claimant was a soldier or an officer.
Similarly, the pension to the unmarried wife of a deceased soldier
is payable only in the light of her pecuniary circumstances.
Parents' pensions are granted only to persons who are wholly
or partially incapable of self-support and have not adequate resources.
The amount of the parent's pension is left to the discretion of
the competent Minister, who fixes the amount according to the
circumstances of the claimants within certain statutory limits.

24

COMPENSATION OF WAE VICTIMS

C. — Benefits Provided
In so far as it can be quantitatively assessed, the loss suffered
by war victims is essentially economic : it is usually a loss of earnings
resulting from wounds or infirmities or from the death of the family
breadwinner ; it may also be the increased expenditure involved for
certain disabled persons because they need constant attendance,
must wear costly artificial limbs, must use certain means of transport
because of infirmity, must incur exceptional medical and pharmaceutical expenses, etc.
The exceptional expense involved is usually either borne directly
out of public funds (for orthopaedic appliances, medical attention,
etc.) or made good by the payment of a fixed amount for constant
attendance, allowance in the event of death, etc.).
The permanent economic loss resulting from the decline in
income or earnings because of wounds or infirmities is reduced as
far as possible or even completely neutralised by vocational rehabilitation or by granting priority for public or private employment.
The following pages will deal only with the general principles
governing the medical care and the pensions and allowances due to
war victims.
Medical Care and Allowances for Temporary Incapacity
The medical care provided for war victims to remedy the physical
consequences of their infirmities usually covers all measures deemed
necessary for curing or reducing the sequelae of infirmities attributable to war service.
It is true that the organisation of medical treatment differs very
considerably. from country to country, being entrusted to the
compulsory sickness insurance scheme in Germany, for example,
while in Belgium, France, Great Britain, and Italy, there are special
services for supervising and paying for the treatment given to
disabled men who need medical or surgical attention, but on the
whole the treatment provided extends to all the consequences of
war infirmities.
The new German legislation is unique in that it provides medical
care not only for disabled men but also for survivors in receipt of
pensions. These persons, on payment of a very small contribution, .
are compulsorily insured against sickness and thus have an unconditional right to medical attendance for any illness from which
they may suffer.
Apart from this special feature of the German system, the right
to medical attendance is generally organised on the basis of identical
principles, the differences being only those of practical application.

GENERAL PRINCIPLES OF THE COMPENSATION

25

On tbe other hand, the right to a special allowance to compensate
for loss of earnings during temporary incapacity corresponding to
an acute phase of the disability differs greatly from country to
country. These differences are clearly brought out by the French,
German and British systems.
In France, the sick or injured man merely retains bis right to
his normal pension, but he may apply for supplementary assistance
in the form of an allowance intended to make good a fraction at
least of Ms loss of earnings. This allowance, wMch is paid out of
the appropriation for the National Office for Disabled Ex-Service
Men and its local branches, is granted according to the pecuniary
resources of the pensioner during Ms period of temporary incapacity :
war pension, half-wages under compulsory sickness insurance, etc.
In Germany, when medical treatment is not given in a hospital
or at a spa and when no sickness fund is responsible for paying an
allowance under a compulsory insurance scheme, the sickness fund
responsible for the treatment of the ex-soldier pays an allowance
equal, as a general rule, to half his wages.
The disabled person does not receive this allowance unless Ms
income has fallen as a result of Ms illness ; if he receives in addition
an invalidity pension, the sickness allowance is granted only in so
far as, together with the pension, it does not exceed the total amount
wMch would be due to him in the event of complete loss of earmng
. capacity.
A pension continues to be paid during hospital treatment, but
if it is a pension for loss of earning capacity of less than 80 per cent.
the family supported by the disabled man receives a family allowance
equal to the difference between the pension actually paid and that
which would be due for 80 per cent, incapacity. This allowance
is not granted unless the income of the disabled man is reduced
as a result of Ms iUness. Moreover, the amount of the family
allowance may not in any case exceed the allowance which the
sickness fund would be reqmred to pay under compulsory insurance.
In Great Britain, when a pensioner is obliged in consequence
of his disablement tMough war service to undergo a course of
medical or surgical treatment and is unable to provide for his own
support and that of Ms family, he may be granted in lieu of his
current award an allowance equivalent to the pension for complete
disablement.
The rate of this allowance varies with the rank and conditions
of service of the individual. If the treatment is in an institution,
an amount to be determined by the Mimster of Pensions is deducted
from the allowance on account of the cost of maintenance in the
institution.
If the treatment is provided in the home of the individual
concerned, the allowance in respect of the first and second weeks
of Ms course of treatment may not exceed the current award or the
rate appropriate to a disablement of 50 per cent., whichever is tbe
greater.

26

COMPENSATION OP WAE VICTIMS

Pensions and Allowances for Permanent Disablement
As the purpose of the pensions or allowances for permanent
disablement is to make good the reduction in earnings resulting
from the injury, it might be expected that the pensions would be
calculated on the basis of the actual loss of earnings suffered. In
•practice, however, this is just as rare in the case of compensation
for war victims as in the case of workmen's compensation.
Among the laws concerning compensation for disabled men
and their survivors after the war of 1914-1918, the British and
South African were the only ones which in certain circumstances
determined the degree of injury in terms of loss of earnings.
The British Eoyal Warrant of 6 December 1919 gave disabled
men the possibility of choosing either an allowance varying with
.their rank and degree of invalidity or a pension calculated on the
basis of their loss of earnings. In the former case the pension was
calculated by multiplying the basic amount for the individual's
military rank by a percentage representing his degree of disablement. This was known as the normal pension.
In the second case the pension "was calculated on the basis of
the difference in annual earnings or, if it was impossible to determine with sufficient accuracy the earnings after the claimant's
infirmities showed themselves, by applying a percentage of loss
of earning capacity to his pre-war earnings. Rank did not influence
the rate of this pension except in so far as maximum rates were
fixed, one for officers and one for other ranks.
This system has been abandoned in the British Act of 1939.
The degree of the injury in respect of which compensation is paid
is fixed in two stages in practically all legislations. For a disabled
man the extent of his loss of earning capacity, that is to say
his loss of physical integrity, is calculated ; the resulting percentage
of incapacity or invalidity is then applied to a fixed amount which
is deemed to represent the expenditure required for the maintenance
of the individual. The loss suffered is then expressed in a certain
number of monetary units.
An identical method is applied in the case of survivors, except
that the first factor representing the degree of the loss is not a
percentage of invalidity or loss of earning capacity, but a percentage
representing the presumed degree of economic dependence on the
deceased ; this percentage is generally laid down in the legislation.
Evaluation of Disablement.
The degree of disablement resulting from infirmities may be
considered either from the point of view of the loss of physical
integrity or the extent of the organic disturbances resulting from
a disease (physical invalidity), or from the point of view of inability
to engage in one's former occupation as shown by the difference
in output in that occupation before and after the infirmity

GENERAL PRINCIPLES OF THE COMPENSATION

27

(occupational incapacity), or in terms of the possibility of rehabilitating the disabled man and finding him work in the general
employment market (general incapacity for work).
The relative merits of these three conceptions, the difficulties
of applying them, the means of overcoming those difficulties, and
in particular the preparation and use of schedules of invalidity
or incapacity, have been discussed at length in a study published
by the International Labour Office.1 I t is therefore unnecessary
to go into the matter here.
In practice, the idea of occupational incapacity has very rarely
been applied in assessing the injury suffered by war victims. I t
was, however, adopted in the United States, where Section 202 (4)
of the World War Veterans Act of 7 July 1924 provides that the
loss of earning capacity shall be based upon " the average impairments of earning capacity in civil occupations similar to the occupation of the injured man at the time of enlistment . . . .
so
that there shall be no reduction in the rate of compensation for
individual success in overcoming the handicap of an injury ".
General incapacity for work, on the other hand, has been widely
adopted as an indication of the injury suffered, not only in Germany
and in Central Europe but also in Australia, and in certain cases
in South Africa. I t is still the determining factor in the evaluation
of incapacity in Germany. The German legislation states t h a t
earning capacity is deemed to be reduced as a result of injury if
the disabled man is no longer capable, or is capable only by dint
of extraordinary exertion, of earning his living by a kind of work
which he may reasonably be expected to undertake in view of his
circumstances, attainments, and capacities.
The remuneration
actually earned must not be considered a sufficient criterion of
earning capacity.
The present-day German legislation does, however, take account
of the loss of physical integrity, at least in some small measure.
I t expressly states that no account must be taken of any exceptional
efforts made by the disabled person to overcome his physical disabilities in order to earn a living, and indicates that the actual
present earnings must not be used as a criterion.. I n this way the
importance attributed to the physiological consequences of his
infirmities is demonstrated ; incapacity is measured not according to the claimant's success in obtaining employment but according
to the difficulty encountered in obtaining it.
I t is further laid down that serious mutilation is deemed to
be equivalent to loss of earning capacity of from 25 to 50 per cent.
even if the earning capacity is not reduced at all or is reduced by
less than 50 per cent.
The loss of physical integrity, or what may be called physical
invalidity, is taken as the sole basis of evaluation in France and
in Great Britain, as it was also in Belgium and Italy after the war
of 1914-1918.
1
The Evaluation of Permanent Incapacity for Work in Social Insurance,
and Reports, Series M (Social Insurance) No. 14 (Geneva, 1937).

Studies

28

COMPENSATION OP WAR VICTIMS

According to British legislation the degree of disablement is
taken to mean the percentage of physical disablement which is
suffered by a member of the military forces as a result of his war
service, ascertained by a comparison of his condition as disabled
with the condition of a normally healthy person of the same age,
without taking into account his earning capacity in his disabled
condition in his own or in any other specified trade and without
taking into account the effect of any individual factors or extraneous
circumstances.
This definition corresponds quite closely to the indications
given in the introduction to the Belgian invalidity schedule as regards
the definition of invalidity : " A fit man is fully able to co-ordinate
and use all his faculties, strength, and movements, for work in general.
This standard of fitness must be taken as the basis of comparison
in evaluating the extent of the incapacity resulting from a wound
or disease. If complete fitness is represented by 100, complete loss
of fitness will constitute a loss of 100 per cent, of general capacity
for work. A disabled ex-serviceman is one who suffers from partial
or total permanent incapacity for work as a result of a wound or
infirmity or the aggravation of an existing infirmity, occurring
in the course of his service."
The French schedule would seem to have been drawn up in
the light of the same considerations. Thus, the degrees of incapacity
for each infirmity laid down in schedules of physical incapacity
represent averages assessed in the light of some imaginary, abstract,
employment which would call for the exercise of all the faculties
and physiological functions of the various organs of the human
body. It will be clear that it can only be a coincidence if this average
theoretical degree of incapacity represents the actual loss of earning
capacity, the main element of the economic loss suffered.
Degree of Economic Dependence.
The methods used in the drafting of war pensions legislation for
assessing the extent to which a soldier who dies supported or could
have supported the persons for whose maintenance he is presumed to
have been responsible have, as far as the present writer is aware, never
been analysed. Generally speaking, however, it would seem that
theoretical ideas have been entirely ignored in favour of practical
considerations based on financial possibilities or of the desire to grant
the survivors of war victims a percentage of the pension for complete
disablement corresponding to the fraction granted to survivors
under civil service pensions schemes or workmen's compensation
legislation.

29

GENERAL PRINCIPLES OF THE COMPENSATION

PERCENTAGE OF THE PENSION FOR COMPLETE DISABLEMENT
GRANTED TO CERTAIN CATEGORIES OF SURVIVORS
Germany
Category

Belgium
Not
Including including
(rate
supplesupple- of 1931)
mentarya mentary
pension
pension

Widow
capable
of e a r n i n g ; n o
s u p p l e m e n t for
family
responsibilities

United
States
(rate of
1931)

France

4

Great
Britain

Italy
(rate of
1931)

45

29

30

40

48

25

Widow
incapable of e a r n i n g ;
no supplement
for f a m i l y r e s ponsibilities

CO

45

29

30

40

69

38

Widow . capable
of e a r n i n g ; t w o
children

80

65

41

46

60

100

33

Motherless
o r p h a n (first)

33

30

29

20

40

30

25

Motherless
o r p h a n (second)

33

30

6

10

20

30

Two parents

70

16

3

30

27

38

5
6

38«

1
1
The percentages have all been calculated on the basis of the rates applying to private
soldiers and their survivors.
2
The supplementary pension is payable only in cases of proved indigence.
3
When there are no other claimants and when the annual income of the individuals
does not exceed from 10,000 to 15,000 Belgian francs according to the place of residence.
* Percentages calculated on the basis of the minimum pension payable for complete
disablement ; these percentages are higher than in reality because the minimum pension for
complete disablement is practically always accompanied by considerable supplements, which
in the case of a person who has lost one arm, for example, double its amount.
5
Maximum payable when there are no other claimants and when the parents satisfy
the statutory conditions of age, inability to earn, and necessitous circumstances.

If the basic pension payable in respect of complete disablement
is taken as representing at least the amount considered necessary for
subsistence, the percentages in the above table indicate that the
contribution presumed to have been made by the family breadwinner
to the maintenance of members of his family varies considerably
from country to country. The variation, which is quite marked
in the case of widows and orphans, is still more striking in the case
of parents, because the allowances paid to them are sometimes
payable only when there are no other claimants (for example, in
Belgium and Italy) or may be reduced or even withheld altogether

30

COMPENSATION OF WAE VICTIMS

if the pensions to be paid to the widow and orphans exceed a certain
amount. One tendency appears quite clearly in the table. In
Germany, Great Britain, and Italy, the rate of pension payable
to a widow varies according to whether or not she is capable of
earning her living or has family responsibilities, it being assumed
that the contribution made by the breadwinner to the maintenance
of his family was greater when the members of the family were
unable to earn their own living. For that matter, in Great Britain,
the rate of the widow's pension varies, not only according as the
widow is or is not capable of self-support, or has children or not,
but also according to her age : the pension of a widow over 40 is
about half again as much as that of a widow under 40 who is capable
of self-support and has no children. In this way the pension is
adapted more closely to the actual needs of the claimants.
Fixing the Amount of Compensation.
Percentages of incapacity, invalidity, or economic dependence,
are only one factor in assessing the actual injury suffered. The
injury actually suffered is a loss of earnings or a disappearance of
income which can be measured only—and then merely approximately
—by applying the percentage of disablement to previous earnings.
In practice, the method of multiplying earnings by the percentage
of disablement or economic dependence is very rarely used ; after
the war of 1914-1918 it was only used subsidiarily under British and
South African legislation.
At the present time the right to select a pension calculated on the
basis of previous earnings has been abolished in British legislation,
and in point of fact the extent of the injury for which compensation
is payable (which is the only important matter) is usually independent of previous earnings. The amount of the compensation paid is
determined by taking a certain percentage of a fixed sum deemed to
represent the "cost of living", and bears very little relationship to
the actual loss of earnings.
The concept of the " cost of living " is indeed a purely subjective
one. It depends on what needs are considered as being essential
and it must vary according to the individual, his habits, and his
social environment.
The sum considered necessary for subsistence will depend mainly
on the standard of living which is to be guaranteed. There is no
possibility of fixing this sum in a general manner, ignoring circumstances. In practice, the standard of living provided for war victims
is based on a compromise between the rights of the individual and
the possibilities of the country. It depends just as much on the
economic and financial position, the burden of taxation,, the sums
available in the budget, and the action of groups of pensioners or of
public opinion on the Government, as it does on the index of prices.
The assessment of the loss to be made good on the basis of a fixed
amount which is expressly or tacitly, assumed to represent the cost
of living does not entirely exclude the possibility of taking into

GENERAL PRINCIPLES OF THE COMPENSATION

31

account previous earnings. It is quite conceivable that the cost of
living taken as a basis for compensation may be fixed at different
amounts according to the trade or occupation previously followed
by the claimant.
German legislation, for example, provides for the payment of an
occupational supplement of 35 per cent, of the pension when
the pensioner was formerly engaged in an occupation calling for
considerable knowledge and skill.
It might even be suggested that the differences in the rates of
pensions sometimes paid to different ranks are intended to take
some account of the inequalities in the standards of living of those
concerned before they suffered their infirmities, it being presumed
that their military rank was an indication of those standards. It is,
however, equally possible and indeed more probable to assume that
the influence of rank is intended to take account of the importance
and nature of the services rendered.
However that may be, although the rate of indemnity is determined by multiplying a sum taken as representing the cost of living
by a percentage of disablement or economic dependence, the amount
of the basic sum often varies quite widely under the influence of
certain subsidiary criteria intended to secure compensation for the
extent or nature of the services rendered (special rates being fixed
for combatants or for persons of higher military rank), or to make the
pension more or less proportionate to the responsibilities of the
pensioner as measured by the family situation, or to take account
of the very varying consequences of disablement according to
whether it is almost complete or is very near the minimum degree
for which compensation is payable.
The most important of these subsidiary factors is undoubtedly
the actual degree of disablement. If disablement is only partial there
are two possible methods of determining the amount of the pension.
According to one method the amount may be fixed by multiplying the basic pension by a coefficient expressing the ratio of the
actual degree of disablement to complete disablement—that is, the
percentage of disablement. The amount of the pension is then
exactly proportionate to the degree of disablement (for example,
in Great Britain).
The amount may, on the other hand, be determined by multiplying the basic pension by a coefficient which rises progressively
with the degree of disablement but not proportionately to it.
Under the first system the percentage of the pension for total
disablement (basic pension) payable for partial disablement corresponds exactly to the percentage of disablement—20 per cent, of
the basic pension for 20 per cent, disablement;—while under the
second system the ratio of the pension for partial disablement
to that for complete disablement falls more rapidly than the percentage of disablement, so that the pension for 20 per cent., disablement may be, say, 5 per cent, of the basic pension. In the first
case, the compensation bears a constant proportion to the disablement, but in the second case a progressive proportion.

32

COMPENSATION OF WAR VICTIMS

The choice between these two methods of determining the
compensation for partial disablement depends1 mainly on the
degree of accuracy with which the percentage of disablement in
each individual case represents the difficulty which the individual
actually finds in providing for his own maintenance.
A pensioner suffering from infirmities involving 80 per cent.
actual loss of earning capacity in the employment market suffers
a great economic handicap which he cannot overcome by his own
efforts. On the other hand, a disabled man whose loss of earning
capacity is relatively slight and who can be comparatively easily
restored to employment will doubtless benefit by certain rehabilitation measures (vocational retraining, compulsory employment,
priority in placing, etc.) and will in most cases earn from his work
the same or almost the same remuneration as a perfectly fit person.
A disabled man with 80 per cent, loss of earning capacity will
hardly obtain compensation for his actual economic loss, while
an individual with only 30 per cent, incapacity who has regained
his place in industry will receive a pension the only purpose of which
henceforth is to compensate him for a certain loss of physical integrity.
The situation outlined above is even more striking in the case
of two disabled persons receiving pensions calculated in terms
of average physical incapacity.
A slight degree of physiological invalidity has only slight economic consequences or none at all, but as soon as the actual incapacity reaches or exceeds a certain degree it becomes extremely
difficult for the individual to find employment. If, nevertheless,
the basic pension in respect of complete disablement corresponds
exactly to the sum required for subsistence, the situation of a person who, although unable to work, receives only a pension that is
5,10, 20 or 30 per cent, lower than the basic pension will be extremely
difficult. In return for the economic loss actually suffered, the pensioner does not even receive the amount deemed indispensable
for subsistence, and he gets no compensation whatsoever for his
loss of physical integrity. On the other hand, in the cases—fortunately very numerous—in which the loss of physical integrity has
little or no economic consequence the pension paid will compensate,
although to a very variable degree, for physiological invalidity.
In this case the only loss really suffered will be made good by
compensation which, however imperfect it may be, places the disabled
man who has succeeded in finding employment in an infinitely
better position than a disabled man whose infirmities make it
impossible for him to engage in any remunerative employment.
The fact is that very often the actual economic loss increases
at a much more rapid rate at certain stages than the arithmetic
progression of percentages of disablement.
That is why in some cases the pension in respect of each unit
of disablement is fixed at a different rate according to the number
of units at which the disablement is assessed. In this way there
will be a progressive scale of compensation, 20 monetary units being
paid, for example, in respect of each unit of disablement between

GENERAL PBINCIPLES OF THE COMPENSATION

33

20 and 30 per cent, and 100 monetary units for each unit of disablement between 90 and 100 per cent. When the pension is calculated
in this way account is taken of the fact that the difficulties of
readaptation are not simply proportionate to the percentage of
disablement, the possibilities and probabilities of employment
being extremely slight when the actual degree of incapacity for
work is high.
The necessity for taking at least some account of the loss of
physical integrity when fixing the percentage of disablement has
led a number of countries to introduce a progressive scale of compensation in their legislation. Such is now the case in Prance and
in Germany.
Pension Bates and Public

Opinion.

One conclusion may be drawn from the above facts : logically
the injury for which compensation is to be paid should be assessed
on the basis of the actual loss of earnings, either directly, which
would be extremely difficult in most cases, or at least indirectly
by multiplying the previous earnings by the percentage of disablement or of economic dependence. In practice, however, the compensation is usually assessed on a quite different basis and the pension is calculated in terms of the cost of living.
The reason is that if the injury for which compensation is to
be paid were assessed on the basis of loss of earnings the result
would be different rates of compensation in each individual case,
the amount depending on personal factors ; as the compensation
would be strictly proportionate to the material loss suffered, no
pension whatsoever would be paid to certain war victims whose
earnings remained the same as before.
In many countries such a system would meet with violent
opposition from public opinion.
There can be no doubt that the existence of an infirmity or
the death of the family breadwinner means a loss, quite apart
from their economic consequences. The fact that this loss cannot
be assessed in terms of money and cannot indeed be made good
at all carries little weight with the general public ; the mere fact
of the existence of the loss is held to justify the payment of some
compensation, however arbitrarily it may be calculated. Public
feeling has sometimes gone further and objected to the idea of any
ratio being established between the amount of the pension and the
amount of income lost by the claimant.
One may accept and extend the argument of Mr. Valentino
in his excellent work on compensation for war infirmities 1 and
say that, although it is perfectly equitable to assess the loss and
therefore calculate the compensation in terms of the reduction
in earnings, this method, which has all the harsh rigidity as well
as the strict correctness of logic, offends popular feeling, and popular
1

L'indemnisation

des infirmités

de guerre (Paris, 1917).
3

34

COMPENSATION OF WAR VICTIMS

feeling is by no means negligible even in matters of law, since law
is not intended to give transcendental satisfaction to pure reason
hut to provide positive rules which are in harmony not only with
material conditions but also with the general conceptions and moral
principles underlying social life.
In many countries public opinion prefers an apparent equality
involving arbitrary decisions within certain statutory limits to strict
equity which would require the compensation to be proportionate
to the actual economic loss.
This desire not to offend public opinion has led the legislative
authorities either to measure the extent of the loss on a fictitious
basis, the criteria—so-called physical incapacity, the presumed
state of dependence, and the cost of living—being the same for
all (as in Belgium, Prance, Great Britain, and Italy), or to give
an option between that method of evaluation and the actual loss
of .earnings (as in South Africa and formerly in Great Britain),
or lastly to correct in great measure „thé inequalities—although
purely apparent—involved in evaluating the loss on the basis
of reduced earning capacity and the former income from employment (as in Germany). The new German legislation takes very little
account of the previous occupational situation and makes a considerable allowance for physical invalidity in assessing incapacity.
To sum up, it may be said that the rules laid down concerning
compensation for war victims show a marked tendency to eliminate
personal factors in assessing the loss suffered or to reduce the
importance of these factors to a minimum so as to respect a very
strong current of opinion according to which some compensation
should be paid for purely moral or physiological injury and the
rates of compensation should be fixed with little reference to
individual circumstances.

THE LEGISLATION IN FORCE
IN FRANCE, IN GERMANY,
IN GREAT BRITAIN AND IN ITALY

FRANCE
The question of compensation for war victims is governed in
Prance by a number of Acts, passed since 1918, relating respectively
to military pensions (Act of 31 March 1919), pensions for civilian
victims (Acts of 24 June and 28 July 1921), and vocational retrainning, placing; and supplementary assistance for disabled men and
survivors (Act of 2 January 1918 concerning the National Office for
Bx-Service Men and War Victims, Act of 26 April 1924 concerning
the obligation to employ war victims, etc.
The various changes made in those measures—chiefly in order
•to adapt the rates of compensation to the purchasing power of the
currency—have not modified to any great extent the basic principles of the original legislation, and consequently the present
regulations governing compensation for disabled men, widows,
orphans, and ascendants, are mainly those which were drawn u p
after the war of 1914-1918.
An analysis is given below of the principal provisions, including
a Decree of 20 January 1940, governing medical aid and the right
to a pension.
In making this survey, due account will be taken of the extensive
efforts of the public authorities to supplement the statutory compensation by additional assistance, the value of which must not be
underestimated.
The supplementary assistance granted, for instance, to orphans
and to the children of severely disabled men (wards of the
nation), although not strictly prescribed by. the legislation, and
therefore dependent to some extent on the discretion of the authorities, constitutes an important part of the compensation payable
to war victims.
This account of the system will therefore include certain measures
for the benefit of war victims which go beyond the scope of t h e
statutory provisions concerning pensions ; it will not deal with

36

COMPENSATION OP WAR VICTIMS

vocational retraining and placing, which will form the subject of a
separate article.

COMPENSATION FOE E X - S E R V I C E M E N AND THEIR SURVIVORS

Scope and Bisks Covered
The scope of the Act of 31 March 1919 and the risks covered are
defined in Section 1, which, after giving expression to the gratitude
of the Eepublic to those who fought for the safety of the country,
states that ex-service men suffering from infirmities brought about
by the war and the survivors of those who died for their country
are entitled to compensation. '
Pensions are payable in respect for :
(1) Wounds the presence of which was noted before the soldier
returned home, unless it is proved that they were not due to the
events of t h e war or to accidents suffered as a result of or in connection with the soldier's service (the burden of proof resting on the
State);
(2) Infirmities resulting from diseases caused or aggravated
by the fatigue, danger, or accidents, to which the soldier was exposed
as a result of or in connection with his service.
An accident is deemed to have been a result of service if it occurred at a place and time at which the soldier was subject to military
authority.
An accident is deemed to be connected with service it if occurred
at a place and time at which the soldier was subject to military
authority, b u t was not caused by the performance of his service ;
the term " as a result of or in connection with service " is to be
interpreted in the widest sense.
Unless the State can show proof to the contrary, any disease
affecting a soldier taking part in fighting operations is presumed to
be attributable to his service if it is noted within a certain time limit.
The presumption that a disease is attributable to military service
applies (a) during any period when the soldier or seaman is taking
part in fighting operations ; (b) during the 30 days following any
such period ; (c) until the soldier or seaman is discharged, provided
he has taken part in fighting operations for 90 days, which need not
be consecutive.
I n the case of soldiers and seamen who have not been discharged
before the termination of hostilities, the period defined under (c)
expires when hostilities end.
A Decree of 20 January 1940 stipulates that, failing a presumption thus established, the person concerned may use any means of
proving t h a t a disease is attributable to military service. Conversely, where the presumption exists, the State may use any means
of proving the contrary.

COMPENSATION IN

Benefits

FRANCE

37

Guaranteed

The guaranteed benefits include :
(1) Medical and surgical treatment, including the supply of
»rthopaedic appliances and artificial limbs ;
(2) A pension, with various supplements ;
(3) Supplementary assistance in the form of relief, allowances,
or loans guaranteed by the National Office for Ex-service Men and
War Victims.
Medical and Surgical Treatment and the Supply of Appliances
The State must provide all soldiers, seamen, and nurses, in
receipt of pensions under the Act of 31 March 1919 with such medical
and surgical attention and drugs as may be required by the infirmity
or disease, contracted or aggravated by their service, in respect
of which their pension was granted. These benefits must be granted
throughout the lifetime of the person concerned ; the entire cost
is borne by the State.
Persons entitled to free medical attention can choose their own
doctor or surgeon, provided that the practitioner in question accepts
the conditions of supervision and payment.
The free choice of a druggist may be made only from among
those whose names figure on a list approved by the Ministry of
Pensions. In practice, all druggists who accept the national scale of
payment are approved.
If hospital treatment is considered necessary, the medical attendant must send a certificate to this effect, if possible six days in
advance, to a supervisory commission, and indicate the public or
private institution selected by the patient.
If a private institution is chosen, the doctor must add a declaration from that institution to the effect that it can accept the patient.
Private institutions may not accept persons in receipt of free treatment unless they have been approved by the supervisory commission
mentioned above.
I n urgent cases, the patient may be admitted to hospital without
these formalities, but the institution, whether public or private,
must inform the departmental supervisory commission as soon as
possible.
Hospital treatment must always be given either in the appropriate hospital nearest the patient's home or in an approved private
institution of his choice—and in either case the institution must be
within the area of the faculty of medicine for the patient's place
of residence. The only exception to this rule is for spa treatment.
The medical expenses refunded by the State include :
(a) Payment at a fixed rate for all medical interventions and
travelling expenses, the practitioner being entitled in respect of
each medical intervention (consultation, visit, surgical operation,
etc.) to the fees prescribed in a scale approved by the public authorities after consulting the organisations of the medical profession ;

38

COMPENSATION OF WAR VICTIMS

(b) The cost of pharmaceutical products according to a scale
approved b y the authorities ;
(e) The cost of the pensioner's board in the public hospital in
which he is treated.
If the patient is admitted to a private institution, the expenses
borne by t h e State include the cost of any medical interventions
at the special rate laid down for medical practitioners and the full
.cost of maintenance (food, special diet, etc.).
These expenses are refunded on the basis of the price per day
charged in the civilian wards of the public hospital nearest the
patient's domicile, in which he would have been treated if he had
not requested admission to a private institution.
Persons under treatment who are subsequently sent to a hospital
are entitled to free transport from their place of residence to the
institution in question.
Artificial Limbs and Orthopaedic Appliances.
Disabled persons are entitled, under the supervision and through
the agency of the State, to the supply and maintenance of artificial
limbs, orthopaedic appliances, and accessories.
A pensioner may select his appliances from among the approved
types suited to his infirmity.
Two appliances are provided in the first instance, subject to
the following reservations. Persons who have suffered amputation
are entitled, in respect of each limb t h a t has been amputated, to
two appliances of the same type or of different types, save in certain exceptional cases.
Persons who have not suffered amputation and whose injuries
are healed are entitled to two appliances of the same type or of
different types in respect of each infirmity.
Persons who have not suffered amputation but whose injuries
are still in course of development are only entitled to a single appliance, but this is renewed whenever its condition, or a change in the
state of the injury, makes it necessary.
When a person who has suffered amputation or disarticulation
cannot wear an artificial limb or can do so only with pain, he is
granted a higher rate of pension, t e supplement being 5 per cent.
This supplement is awarded by the Minister of Pensions on the
advice of the invalidity board after consulting the committee on
orthopaedic appliances. As artificial limbs are of little practical
use in cases of disarticulation of the shoulder or hip, persons in this
category are automatically considered as being unable to wear any
appliances.
The appliances are repaired free of charge by the State ; wherever
possible, t h e repairs must be carried out by the workshops attached
to the centres for the supply of appliances or by the makers.
Appliances are renewed free of charge when, in the opinion of the
committee on appliances, they are worn out or beyond repair..

COMPENSATION IN

FRANCE

39

Pensions and Allowances
The pensions and allowances include the basic pension and various
statutory supplements (children's bonuses, etc.).
I n addition to this statutory compensation for an injury caused
by military service, supplementary assistance is granted ; the nature
of this assistance and the rules governing it will be considered later.
Invalidity Pensions.
Invalidity pensions, whether permanent or temporary, depend
on the degree of invalidity.
According to French legislation, invalidity means physical
incapacity ; in reality, this amounts to a prescribed average degree
of incapacity laid down for different injuries in a scale ; these degrees
of incapacity are binding on the authorities responsible for assessing
invalidity.
The degree of invalidity corresponding to certain clearly defined
lesions (a mutilation, for example) is absolutely binding : the degree
of invalidity assessed in respect of the loss of a finger or a limb, or in
respect of some clearly defined functional injury, must be that laid
down in the scale.
When, however, the invalidity is due to affections which may vary
considerably in their degree of seriousness (for example, a disease
of the heart, or neuritis) the scale contains maximum and minimum
figures which alone are binding, the authorities being left in many
cases quite a wide margin of assessment.
There are also certain specific diseases for which a binding rate
of invalidity is laid down ; pulmonary tuberculosis, for instance,
when confirmed by bacteriological or clinical evidence, is always
deemed to involve complete invalidity within the meaning of the Act.
The right to a pension does not exist unless the degree of invalidity is at least 10 per cent, in the case of a wound or 20 per cent.
in the case of a disease or the aggravation of a pre-existing infirmity.
A pension granted on the ground of aggravation of a pre-existing
infirmity is based only on the aggravation unless the total degree
of invalidity due to the infirmity as aggravated is 60 per cent, or
more, in which case it is based on the total degree of invalidity.
Pension claims must be presented within five years from the
discovery of the infirmity and from the termination of service.
Nevertheless, when the infirmity results from wounds due to acts
of war or to accidents incurred through or in connection with military
service, there is no time limit.
Bates of Invalidity Pensions.
The rate of the invalidity pension varies according to the military
rank of the claimant, the origin of his infirmities, and the number
of children maintained by him.
Military rank. The influence of, the military rank, which was
originally very marked (under the Act of 31 March 1919), has decli-

40

COMPENSATION OP WAE. VICTIMS

ned considerably since additional benefits have been paid to adapt
pensions to changes in the cost of living. These benefits are calculated, irrespective of the rank of the pensioner, on the basis of the
pension payable to a private ; as they represent 154 per cent, of the
amount of the initial pension, the influence of rank is now of minor
importance. In 1919 the pension of a battalion commander was
about 2 Va times that of a private, but to-day it is only about IV2
times.
Origin of the infirmities. At first, the origin of the infirmities
did not affect the compensation, the amount of which was always the
same for any given degree of invalidity, irrespective of whether it
was due to a wound received on active service or to a disease aggravated during home service. The situation was changed by a Legislative Decree of 16 July 1935, which reduced by about a third the
cost of living supplement for non-combatants. In addition, those who
were in combatant services, irrespective of whether they receive
an invalidity pension or not, are entitled to an old-age pension of
500 francs a year between the ages of 50 and 55 years and 1,200
francs a year from the age of 55 years onward.
Children maintained by the pensioner. The basic pension is
supplemented by a bonus in respect of children, if any. This bonus
is payable for each child up to the age of 18 years, but it is continued
beyond that age in the case of children suffering from an incurable
infirmity which prevents them from earning their living, unless they
are maintained in an institution at the expense of the State.
Pension scale. Subject to the above considerations, the rates
at present in force for privates who formerly served with the combatant forces are as follows :
of invalidity
er cent.)

Total amount of
basic pension 1
(francs)

10
20
30
40
50
60
70
80
85
90
95
100

609.60
1,219.20
1,828.80
2,438.40
3,048.00
3,657.60
' 4,277.20
4,876.80
5,982.35
6,376.80
6,978.40
7,580.00

Supplement for each
child under 18 years
(francs)

76.20
152.40
228.60
304.80
381.00
467.20
533:40
609.60
647.70
685.80
723.90
762.00

Supplements for certain categories of pensioners. Certain categories of pensioners receive in addition to the basic pension supple1
When the former combatant reaches the age of 50 years, he receives in addition t o this pension an allowance of 500 francs a year, which is increased to 1,200
when he reaches the age of 55 years.

COMPENSATION IN

FRANCE

41

ments varying according to the seriousness of their condition or the
nature of their injuries. Those who have suffered amputation, for
example, receive a supplement ranging from 928 francs a year
(amputation of the foot) to 9,280 francs (disarticulation of the
shoulder).
Seriously disabled men who have not suffered amputation, b u t
whose degree of invalidity as a result of war injuries is 85 per cent.
or over, receive a supplement ranging from 2,320 to 5,800 francs
a year.
Blinded men receive a supplement of 11,368 francs a year.
Those requiring the constant attendance of another person
receive a special allowance, independent of those just mentioned,
which amounts to 18,424 francs a year (19,484 in the case of blinded
men).
Those suffering from tuberculosis receive an allowance of 10,600
francs a year to enable them to obtain the necessary care, provided
that they accept special medical supervision.
There are other supplements, such as those for persons suffering
from several infirmities one of which in itself is deemed to be equivalent to complete invalidity.
Widows' and Orphans' Pensions.
Widows' and orphans' pensions, like those paid to disabled men,
vary according to the military rank of the deceased, but, as was
mentioned above, the influence of rank has diminished considerably
since supplements have been paid to adapt pensions to the rise in the
cost of living.
Widows' pensions also vary according to whether or not the
marriage took place before the occurrence or the aggravation of the
infirmity from which the husband suffered.
Illegitimate children are entitled to a pension only if they are
recognised voluntarily or as the result of a ruling by a court of law,
and only if they were conceived before the occurrence or aggravation
of the infirmities in question.
Widows' and orphans' pensions also vary according to the
relationship between the cause of death and the military service of
the deceased.
As the combined influence of all these conditions is somewhat
complex, examples will be given below of the rates of widows'
pensions in the cases that arise most frequently in actual practice.
Examples will then be given of how the rates apply to orphans when
there is no widow or when the widow is not competent to claim her
rights.
Pension when the widow does not remarry. (1) When death can
be attributed to the soldier's service, and the marriage took place
before the occurrence or aggravation of the injury or disease, the
widow of a private receives a pension of 3,048 francs a year. The
marriage is deemed to have taken place before the injury or disease

42

COMPENSATION OF WAE VICTIMS

if at the date of the marriage the affection caused or aggravated
by military service was not sufficiently serious to justify a fatal
prognosis.
(2) When death can be attributed to military service, and the
marriage took place after the occurrence or aggravation of the injury
or disease, the widow of a private receives a pension of 2,032 francs a
year. This pension (reversionary pension) is payable only if the
marriage lasted for not less t h a n two years.
(3) When death is not attributable to müitary service, but the
husband at the time of death was drawing a pension in respect of
invalidity of 60 per cent, or over, the widow of a private receives a
pension of 2,032 francs a year. 1 This reversionary pension is payable
only if the marriage took place before the occurrence or aggravation
of the infirmities in respect of which the invabdity pension was
granted.
An exception to the rule of prior marriage is made in the case of
women who marry a disabled ex-service man whose degree of
invalidity is 80 per cent, or over.
Pension when the widow remarries. A widow who marries again
may, in the course of the year following her remarriage, give up her
pension and receive in exchange a lump sum representing three
annual instalments of her previous pension. If the widow takes
advantage of t is possibility and there are children who are minors,
the widow's pension is transferred to the children until the last of
them reaches majority. The pension is, however, reduced to the
initial rate prescribed by the Act of 31 March 1919, which is 800
francs a year in the case of t h e widow of a private.
If the widow continues to draw her pension, the amount is also
reduced to the figure just mentioned.
Bonuses for children. A supplement of 762 francs a year is payable,
in addition to the widow's pension, in respect of each child under the
age of 18 years. The supplement is paid beyond that, age in the case
of children suffering from an incurable infirmity which makes them
incapable of earning their living, unless they are maintained in an
institution at the expense of the State.
If the widow is not entitled to a pension, any children born of the
marriage with the pensioner receive up to the age of 18 years the
supplement which they received during the lifetime of their father,
irrespective of the cause of bis death (see the rates set out above,
p. 157).
Orphans' pensions. If the mother dies or forfeits her rights or is
not competent to exercise them, the basic pension for orphans who
are minors is equal to the pension which would be payable to a widow
who did not remarry.. Orphans continue to draw this pension up to
the age of 21 years.
1
The rate is increased t o 3,048 francs a year if the husband was in receipt of
the special allowance payable t o those requiring t h e constant attendance-of another
person.

COMPENSATION IN

FRANCE

43

In addition to the basic pension, a supplement of 762 francs a
year per child is paid in respect of each additional orphan under the
age of 18 years (no supplement being payable if there is only one
orphan).
When the claim to an orphan's pension arises out of the remarriage of the mother, the rate of the pension, as was mentioned, is that
fixed for a widow who remarries.
•
Ascendants'

Pensions.

Ascendants' pensions do not depend on the military rank of the
deceased ; they are payable from the age of 60 years to the father
and from the age of 55 years to the mother. Ño age condition is
required if the ascendants are infirm, or suffering from an incurable
disease, or if the husband or wife of the ascendant entitled to a
pension is infirm or suffers from an incurable disease.
A mother who is a widow or divorced or judicially separated or
unmarried is considered as satisfying the age condition, even if she
is under 55 years of age, provided that she is responsible for the
maintenance of one or more children who are infirm or under 21
years of age or serving with the colours.
An ascendant's pension may be claimed by any person (stepfather, stepmother, adoptive parent, etc.) who can prove that
he or she brought up and maintained the child and took the place
of one or both parents until the child reached majority or was
called to the colours.
The ascendants' pensions differ from widows' pensions or invalidity pensions in that they are not granted or continued unless the
claimants are in necessitous circumstances.
In order to claim a pension, an ascendant must prove that he is
not liable for general income tax or, if he is, t h a t his net income does
not exceed by more than 5,000 francs the maximum income which
is free of tax. 1
The rate of pension is fixed at 2,032 francs a year for a single
ascendant who is a widow or widower, divorced, or unmarried, and
at 1,016 francs a year for an ascendant who has remarried or who
married after the death of the soldier in respect of whom the claim
arises. These sums are increased, by 254 francs a year in respect of
each son lost beyond the first.
Bules Concerning Duality of Pensions.
The rules laid down in French legislation concerning duality of
pensions are intended mainly to prevent compensation from being
paid twice for the same injury. For instance, the same person may
not draw an accident pension and a war pension in respect of invali1
The maximum income free of tax in 1939 was 10,000 francs a year, so t h a t
an unmarried person without family responsibilities or a widow who has not
remarried may claim the full ascendant's pension if his or her income does not
exceed 15,000 francs a year. I n the case of a couple of ascendants, the total income
must not exceed 20,000 francs a year.

44

COMPENSATION OP WAR VICTIMS

dity resulting from injuries received while working in a munitions
factory ; two supplements for family responsibilities may not be
paid in respect of the same child, so that if a civil servant in receipt
of a military pension is entitled to a supplement for children as part
of his salary he must choose between t h a t supplement and the one
payable with his military pension ; similarly, a woman may not draw
more than one widow's pension.
On the other hand, subject to the reservation concerning the
maximum income of ascendants, the military pensions granted to
disabled men and to survivors are payable unconditionally, and may
therefore be drawn simultaneously with a salary as a civil servant
or with wages, or with a pension for long service, a social insurance
•pension, assistance allowance, etc.
Supplementary

Assistance

The supplementary assistance granted by the public authorities
to war victims takes a great variety of forms, a full and detailed
account of which would go beyond the scope of the present survey.
The assistance may include the payment of temporary or exceptional relief, the provision of scholarships for orphans, the grant
of loans to facilitate the purchase by pensioners of small holdings,
cheap houses, etc. With the exception of certain types of relief
(such as that payable to a person who cohabited with a deceased
soldier), the supplementary assistance is generally paid by an
independent public institution, the National Office for Ex-Service
Men and War Victims, working under the supervision of the public
authorities.
The National Office and its departmental branches are administered by representatives of t h e authorities, organisations of ex-service men and war victims, and representatives of the various institutions which collaborate in placing activities, the distribution of
assistance, etc. The Minister of Pensions is president of the National
Office, and the prefects preside over the departmental offices. The
administration of the Office is supervised by the Finance Inspection
Department and the Court of Accounts.
The Office was established by an Act of 2 January 1918, and
acts as a liaison body between the public authorities and the private
associations for helping war victims. I t s purpose is to centralise
information concerning the work of these authorities and organisations, to promote and facilitate the occupational rehabilitation of
war victims, to consider possible legislative measures and regulations
for the benefit of ex-service men, to supervise the application of
such measures, to provide various forms of assistance, and generally
speaking to ensure the permanent protection and support which
these men are entitled to receive from a grateful country.
In addition to its statutory duties with regard to vocational
retraining and placing, the National Office may grant immediate
assistance (generally small sums only) in the event of illness, death,

COMPENSATION IN

FEANCB

45

etc. ; loans of varying amounts, scholarships to wards of the nation,
etc., may also be granted.
The loans granted by the Office may be intended to help retrained
disabled men to set up on their own account (the maximum amount
being 6,000 francs, repayable over ten years), or to develop the
undertakings of ex-service men in handicrafts, trade, industry, or
agriculture (up to a maximum of 15,000 francs, repayable over ten
years), or to assist pensioners or ex-service men to purchase a cheap
dwelling (up to a maximum of 20,000 francs, repayable over ten
years).
Some details will be found below as to the rules for granting :
(1) loans to facilitate the purchase of cheap houses by pensioners
and ex-service men ; (2) scholarships or apprenticeship allowances
to wards of the nation.
Loans for the Purchase of Cheap Houses.1
War pensioners or ex-service men who take advantage of the
credit facilities provided under the legislation concerning cheap
dwellings can obtain advances from the National Office for the
purchase or construction of houses fulfilling the conditions specified
in the legislation.
These advances are of two kinds :
(1) Loans to make up the personal contribution required of
applicants ;
(2) Loans on mortgage. °
Loans to malee up the personal contribution.
Although fully
recognising the desirability of a personal effort b y the borrower.
the National Office considers that it is its duty to help war pensioners
and ex-service men to make the personal contribution required when
a house is being built or purchased.
The maximum amount of these loans has been fixed at oneeighth of the value of the building. Interest is payable at 1 per cent.,
and the loan must be repaid in equal instalments over a period not
exceeding ten years ; the total amount of the loan may in no case
exceed 15,000 francs.
1
From Jean SOUQUET : Code des anciens combattants et des victimes de la guerre
(Paris, 1936).
2
Special mortgage loans of 25,000 francs bearing 1 per cent, interest and
repayable over fifteen years may be granted when the pensioner is unable because
of his state of health to contract the life insurance required by building credit
funds as a guarantee for the repayment of t h e loan in t h e event of t h e death of the
borrower, and is also unable t o obtain the special guarantee reserved for uninsurable persons who have been disabled b y war injuries. The loans granted under
these conditions b y the National Office take t h e place of t h e advance which an
uninsurable disabled man could have received from a building credit fund if his
state of health had been considered satisfactory or if his bad health could be attributed entirely to the consequences of t h e war.

46

COMPENSATION OF WAR VICTIMS

The National Office is entitled to take a mortgage as security, b u t
in such cases it is itself responsible for the cost of this operation.
Loans on mortgage. Loans on mortgage are granted in the case
of applicants who have certain personal resources or can provide
practically the whole of the sum required for the purchase of a
cheap and healthy dwelling. .
Persons in those circumstances could doubtless apply to one
of the various credit institutions for cheap houses, b u t the formalities are somewhat numerous and lengthy, more particularly
as regards insurance, so that the would-be purchaser might lose his
opportunity, and it is therefore to his advantage if he can obtain a
loan immediately.
The National Office therefore offers to advance the whole or a
fraction of the sum still required for the purchase of the dwelling.
This advance is limited to a maximum of 20,000 francs 2, b u t a
supplement of 10 per cent, of the amount of the loan is permitted
in order to cover the cost of t h e mortgage, which is about one-tenth
of the actual amount of the loan.
The rate of interest is 3 per cent., and the period of repayment
is fixed by agreement with t h e borrower in each case, subject to a
maximum of ten years.
As the advances given in these circumstances are somewhat
high, the National Office requires a first mortgage.
I t should be noted t h a t these advances may be granted not only
when a pensioner or ex-service man purchases a cheap dwelling
from a private individual, b u t also—ana indeed more-readily—when
he purchases a house of his own which has been built by a building
society and wishes to pay off the entire cost at once so as to become
the owner of the house immediately.
Scholarships and Apprenticeship Allowances
for Wards of the Nation
The granting of scholarships and apprenticeship allowances is the
chief method used by the National Office to enable wards of the
nation to obtain the fullest possible general education or vocational
training.
Apprenticeship allowances. I n order to prevent these young
persons from entering employment which gives them an immediate
opportunity of earning (as minor clerks, page boys, errand boys,
specialised labourers, etc.) b u t has no future, the Office grants
apprenticeship allowances to encourage them to learn a trade.
As the remuneration paid to the apprentice is not sufficient for
maintenance, the apprenticeship allowances must be reasonably
high, in order to induce families to send their children as apprentices,
which may involve quite a long and costly training. No fixed rate
of subsidy is laid down in the regulations, for the sum granted

COMPENSATION IN

PRANCE

47

must vary according to the situation and resources of the family in
each case. In practice, different rates are applied according to
whether the apprentice is a full orphan or has lost only his father
or is a child of a disabled man. In any case, the assistance given by
the State could not be fixed a t a uniform rate for the whole duration
of apprenticeship, because as a rule the apprentice's wage is practically nil at the beginning of bis training and rises during the second
and particularly during the third year.
Scholarships. Wards of the nation who are undergoing training
in a higher elementary or secondary technical school or at a university, or those who are attending courses at higher technical colleges
(public or private), may obtain a scholarship which as a rule is
sufficient for their maintenance, provided t h a t they have successfully passed an examination showing that they are likely to profit
by the course of training in question.
, The Office also grants subsidies to enable applicants to study
for the above examination, and these may be renewed not more than
twice in the event of failure to pass.
In the case of secondary education more particularly, the representatives of the Office are instructed to point out to parents that
so many pupils take a course of secondary education that it cannot
be considered sufficient to ensure a good situation unless the pupil
completes the full course and supplements it by further study.
Various examinations are therefore held in order to keep out those
whose ability is insufficient and to ensure that those who seem unlikely to obtain diplomas are not allowed to continue their studies
too long, but can be guided into other careers. Oh the other hand,
pupils belonging to families in difficult circumstances receive considerable assistance if they show great aptitude and make satisfactory
progress.
The rate of the scholarship varies according to the institution
attended by the student and the type of training received.
Residential scholarships are granted only to those whose families
do not live in the town in which the institution is situated.
Other candidates normally receive a nonresidential scholarship,
possibly providing for half board. These scholarships are granted for
the whole duration of the course of study, provided the pupil continues to the end.
Supplementary maintenance grants may be made to pupils
living at home or receiving half board in the institution, if their
family situation justifies such grants.
For higher courses of training, the amount of the scholarship
and supplementary grant may not exceed 9,000 francs a year in
Paris or 8,000 francs in the provinces.
In addition to the scholarships, special outfit allowances and,
in exceptional circumstances, allowances for books and instruments
may also be granted.

48

COMPENSATION OF WAR VICTIMS

COMPENSATION FOR CIVILIAN WAR VICTIMS

The question of compensation for civilian war victims is governed
by an Act of 24 June 1919, as amended by the Act of 28 July 1921.
According to these texts, any French citizen who is not covered
by the Act of 31 March 1919 and who, as a result of some war action,
receives an injury or contracts a disease resulting in infirmity
is entitled to a pension equal to that which would have been awarded
to him under that Act if he had been a soldier ; the same right is
granted to his dependants.
Civilian war victims are thus entitled not only to the cash compensation prescribed in the Act of 31 March 1919, but also to practically all the other advantages granted to ex-service pensioners :
vocational retraining, free medical attendance, artificial limbs and
appliances, allowances for severely disabled persons, supplementary
assistance, etc.
There are, however, two fundamental differences between the
conditions for the grant of pensions to civilian war victims and to
ex-service men or their dependants.
In the case of an infirmity resulting from illness, civilian war
victims are entitled to a pension only in respect of illnesses contracted
(and not those aggravated) as a result of ill-treatment or brutality
suffered at the hands of the enemy, while ex-service men are entitled
to a pension in respect of affections aggravated by their service
in much the same way as for those contracted during service.
In the second place, in the case of civilian war victims there is
only a very limited presumption of causal connection between the
infirmity and the war action to which that infirmity is attributed.
According to Section 2 of the Act relating to civilian victims,
the presumption of causal connection is limited to wounds
resulting from war operations. Wounds, whether fatal or not, are
deemed to be due to war action if they are received during military
operations carried on by the allied or enemy armies, or are due
to acts of violence committed by the enemy.
The following are also deemed to be due to war action : injuries
or death, even after the conclusion of military operations, as a result
of the explosion of projectiles, the collapse of buildings, or any other
acts which can be ascribed to war conditions because of the state
of the premises in which the injury is received ; and death occurring
or injuries received during the performance of work imposed on the
individual by the enemy, either in captivity or in occupied territory.
In the case of infirmities or death resulting from a disease contracted during hostilities and due to brutality suffered at the hands
of the enemy, or to ill-treatment in a fortress or prison camp, the
applicant or his representatives must show adequate proof of the
facts alleged and of the causal connection between those facts and
the infirmities in question.
Compensation for civilian war victims is always paid at the rate
applicable to privates or their dependants.

GERMANY
The German legislation on war pensions is still based essentially
on the Act of 12 May 1920, which has been amended on several
occasions and consolidated by Orders of 22 December 1927 and
1 April 1939. 1 An analysis is given below of the main provisions at
present governing compensation for war victims ; the analysis is
limited to compensation in the narrower sense and medical assistance
to disabled persons and their survivors, leaving for a subsequent
study the questions of vocational rehabilitation and placing.
The first part of the survey deals with the position of ex-service
men and their dependants, and the second contains an outline of the
special system of compensation for civilian war victims.
COMPENSATION FOR E X - S E R V I C E M E N AND THEIR DEPENDANTS

Scope and Risks Covered
The Act defines the general basis of the compensation scheme
in the following terms :
Persons formerly serving in the German armed forces and their
dependants shall be entitled to claim pensions on the ground of the
physical or pecuniary consequences of an injury received while
on service.
An injury received on service shall be deemed to be an injury
to health caused either by the performance of military duties or by
an accident during the performance of military service or by conditions peculiar to military service.
A probable causal connection shall be sufficient to establish that
an injury to health is due to an injury received on service.
Work on which persons serving in the German armed forces
have been employed while prisoners of war, provided that such
captivity arose through no fault of their own, and also the conditions attendant on such captivity shall be treated in the same way
as military service and the conditions peculiar to such service.
Cases shall be decided on the statement of the disabled person as to
his treatment when taken prisoner and during captivity, in so far as
such statements do not conflict with the known circumstances of
the case. A similar provision shall apply in cases in which documents
or parts thereof have been lost through no fault of the disabled man
or his dependants, and cannot be replaced. If the documents are
found, the decision reached may be revised accordingly.
An injury to health inflicted on himself by a disabled man shall
not be deemed to be an injury received on service.
1

Reichsgesetzblatt,

1939, I, p. 663.
4

50

COMPENSATION OF WAE VICTIMS

Guaranteed Benefits
The guaranteed benefits shall include : (1) curative treatment,
sickness allowance, and family allowance ; (2) social assistance ;
(3) the pension, attendance allowance, combatant's allowance, and
supplementary pension ; (4) a certificate for employment in the civil
service ; and (5) funeral allowance, and special payments during the
three months following decease.
Curative Treatment, Sickness Allowance, and Family Allowance
Disabled Persons.
A disabled man whose claim to pension has been recognised
shall receive curative treatment, to cure or lead to substantial
improvement in an injury to health, or reduction of earning capacity
due to an injury received on service and giving rise to the claim to
pension, to prevent the aggravation of the injury, or to alleviate
physical suffering. The same rule shall apply when a pension has
been granted without recognition of any legal right thereto, but in this
case medical aid shall be provided only so long as the disabled man
continues to draw the pension.
If the consequences of the recognised injury on service do not
justify the payment of a pension, curative treatment shall be granted
provided that it will prevent the aggravation of the suffering due to the
injury. The curative treatment, sickness allowance, and family allowance, may be granted before the claim to pension has been recognised.
I n the case of a disabled man who requires permanent care but
to whom the conditions laid down above do not apply, the Government may pay the cost of maintenance and treatment in an institution, such expenses being deducted from the payment of pensions,
provided that suitable care cannot otherwise be granted.
Extent of curative treatment. Curative treatment shall comprise
medical treatment, the provision of drugs and other medicaments,
and the supply of artificial limbs and orthopaedic and other appliances
which are needed to ensure the success of the curative treatment
or alleviate the consequences of the injury received on service.
The curative treatment to be given to disabled persons shall be
exactly the same in its nature and scope as that which must be
guaranteed by sickness funds to compulsorily insured persons,
except in so far as exceptions are permitted under this Act. The
Minister of Labour, in agreement with the Minister of Finance, shall
determine the nature and type of artificial limbs and orthopaedic
appliances to be supplied to disabled men.
Instead of the medical treatment and supply of drugs and other
medicaments, a cure and maintenance in a hospital (hospital treatment) may be granted, or a cure and maintenance in a health resort,
if other methods of treatment do not succeed, or are unlikely to
succeed within a reasonable period.
A disabled man may not b e compelled to undergo any operation
which would involve serious mutilation.
Blinded men shall be given a dog.

COMPENSATION

IN

GERMANY

51

If the disabled man ought to be treated in a hospital and this
is impossible, or if there are important reasons for leaving him with
his family, he may be granted the assistance and attendance of
nurses or other suitable persons (home treatment), provided that he
consents.
Artificial limbs. The requisite number of artificial limbs and
orthopaedic and other appliances shall be supplied. They must be
adapted to the personal and occupational circumstances of the
disabled man. The disabled man shall be entitled to the repair and
renewal of artificial limbs and appliances, unless the damage or
loss is to be attributed to misuse, design, or gross negligence, on
the part of the disabled man.
The grant of appliances may be made conditional on the disabled
man's allowing them to be fitted to him, or undergoing suitable
training in order to become accustomed to their use. The renewal
of an appliance which can no longer be used may be refused if the
appliance is not returned. In the case of valuable appliances the
proprietary rights may be reserved.
Similar provisions apply to the supply and replacement of
dogs for blinded men. The annual grant for the maintenance of a
dog varies from 180 to 240 marks, according to the size of the locality
in which the man lives.
Bodies providing appliances and medical treatment.
. Artificial
limbs, orthopaedic appliances, and dogs for blinded men, are supplied
by the Government.
Treatment at a health resort is also paid for by the Government.
Otherwise, curative treatment, including hospital treatment, is
granted by the compulsory sickness insurance funds.
When no sickness insurance fund is bound by law or by its rules
to grant curative treatment, the disabled man is not compulsorily
insured, the cost of his treatment must be borne by the local sickness fund or, failing that, by the rural fund for the district in which
the disabled man resides. Where the disabled man is liable to sickness insurance as an employed person, and therefore a member of a
sickness fund, this fund pays for the treatment in any case.
When treatment is undertaken or carried out without the intervention of the competent sickness fund, the expenditure involved
will not be refunded, but a reasonable allowance may be paid if
there were valid reasons preventing the disabled man from applying
to the fund. The Government may take the place of sickness funds
and itself provide treatment in a curative establishment or treatment at home.
Duration of free treatment. Medical treatment is granted so long
as it is expected to lead to an improvement in health or an increase
in earning capacity or so long as special curative measures are
necessary to prevent an aggravation of the patient's state or to
alleviate physical suffering.
The disabled man is not required to make any payment in respect
of medical or surgical treatment or the supply of drugs provided

52

COMPENSATION OF WAE VICTIMS

that the infirmity or disease in question was caused by military
service.
The decision as to the nature, extent, and duration, of the treatment required for infirmities due to military service lies with the
administrative authorities responsible for enforcing this Act (pensions
authorities). Their decision is binding on the sickness fund concerned.
Remuneration of doctors, chemists, etc. The remuneration payable
to doctors, dentists, chemists, auxiliary medical staff, and curative
and other establishments, is exactly the same as that laid down for
the " sickness insurance scheme in similar circumstances ; this rule
applies even if the treatment, drugs, etc., were provided solely on
account of infirmities due to military service and not because the
patient was compulsorily insured.
Organisation of the medical service. The authorities of the various
States may require public hospitals and other curative establishments to reserve a certain number of beds for disabled men, reasonable compensation being paid.
If the curative treatment for which a sickness fund is responsible
solely under this Act is seriously compromised by the fact that the
fund cannot enter into an agreement on reasonable terms with a
sufficient number of doctors, or that, the doctors will not observe the
agreement, the pensions authorities may empower the fund on
request, and until further order, to grant instead of curative treatment a payment in cash up to two-thirds of the average amount of
their statutory sickness benefit.
The pensions authorities may at the same time decide : (1) how
the state of health of the disabled man who is to receive the payments
may be determined otherwise than by medical certificate ; (2) that
the fund may postpone or hold hack its payments until adequate
proof has been offered ; (3) under what conditions the fund may refer
the disabled man for whose curative treatment it is responsible under
this Act to a hospital.
Hospital treatment may not, as a general rule, be granted
without the consent of the disabled man if he has a household of his
own or is a member of the household of his family.
ïïo consent is needed if : (1) the nature of the disablement necessitates treatment or care which is impossible in the family of the
disabled man ; (2) the disease is infectious ; (3) the disabled man
repeatedly acts in contravention of the Sickness Order or the instructions of the doctor in charge of the case ; or (4) the condition or
conduct of the disabled man requires continued observation.
Sickness benefit. If curative treatment is granted neither in a
hospital nor in a health resort, and no sickness fund is responsible
for payment of sickness benefit in virtue of compulsory insurance,
the dißabled man will receive sickness benefit provided that this
would be due to him by law or the rules if the were a member hable

COMPENSATION

IN

GERMANY

53

to insurance, from the sickness fund responsible for providing curative
treatment.
The pensions authorities are responsible for deciding whether
the payment of sickness benefit should continue beyond the maximum period laid down in insurance legislation (six months) or
prescribed by the rules of the fund.
The amount of the sickness benefit is the same as if the disabled
person had voluntarily become a member of the insurance fund.
The disabled man may not receive benefit unless his income is
reduced as a result of his illness. If, in addition to sickness benefit,
he is in receipt of an invalidity pension, the amount of the sickness
benefit must be such that, together with the pension, it does not
exceed the amount that would be paid to the person concerned in
the event of complete invalidity.
Family allowance. The pension continues to be paid during
hospital treatment. If the pension for loss of earning capacity is less
than 80 per cent, of the full pension, the family of the disabled
man, if supported by him, receives a family allowance equal to the
difference between the pension actually paid and that payable for
incapacity of 80 per cent. This allowance is due only if the income
of the disabled person is reduced as a result of his illness. The amount
of the family allowance thus paid may not in any circumstances exceed
the allowance which the sickness fund would be required to pay
under compulsory insurance ; nevertheless a disabled man may be
granted a supplementary pension (the amount of which will be
mentioned below) when in necessitous circumstances.
Refund of the cost of treatment and benefit. When the sickness fund
is required to provide medical treatment either in a hospital or at
home and to pay sickness benefit and family allowances solely in
pursuance of the Act concerning compensation for disabled men and
their dependants, the expenditure thus involved and a corresponding
fraction of the administrative expenses will be refunded.
The Minister of Labour is empowered to fix a lump sum as a
basis for the reimbursement.
Travelling expenses, etc. Any travelling expenses incurred in
connection with his treatment and the cost of food and accommodation are refunded to the disabled person. He is also granted a reasonable allowance in compensation for his loss of earnings when an
artificial limb is being fitted and during the period of adaptation to
any such appliance.
Survivors.
The Minister of Labour has power, in agreement with the
Ministers of Home Affairs and of Finance, to lay down rules for the
provision of the necessary medical treatment for the survivors of
war victims.

54

COMPENSATION OP WAR

VICTIMS

These rules were laid down in an Order of 20 April 1939, on the
basis of which an agreement was drawn up on 5 May between the
Minister of Labour and the National Federations of Sickness Funds.
These provisions define t h e scope of compulsory and voluntary
insurance, establish the procedure to be followed to make insurance
effective for all concerned, and fix the rates and methods of payment
of contributions and the rates of benefit due to the new members
of the sickness funds.
The main provisions of the Order and of the agreement are
discussed belbw.
Scope. Survivors of persons killed in war, including war widows
and orphans in receipt of pensions or allowances under the War
Pensions Act, will in future be required to belong to the general
sickness fund or the rural fund competent for the district in which
they reside. Survivors not in receipt of a war pension or allowance
affiliate voluntarily to a sickness insurance fund if they are in may
necessitous circumstances. This right is also extended to wives and
other persons giving their services free of charge to completely
disabled ex-service men in receipt of an extra-allowance to cover
the cost of the constant attendance of a third person.
The Order does not apply to survivors already insured against
sickness under the general provisions of the Social Insurance Code.
Registration. War pensions and allowances being paid to survivors by the ex-service men's relief offices, the Order requires these
offices to provide the sickness funds with a list of the new persons
covered by compulsory insurance. These offices are also competent
to take statements, with a view to their transmission to the competent
sickness fund, from survivors who, in accordance with the Order,
can prove their, right to voluntary insurance.
Contributions. The contribution rate, which for all other insured
persons is usually based on weekly earnings, is' fixed for each survivor at 2.50 marks a month under compulsory and voluntary,
insurance alike.
When in a given household there are several survivors liable to
compulsory insurance (for example, the widow and children of an
ex-service man), the monthly contribution of 2.50 marks is payable
only by the survivor in receipt of the highest war pension or allowance.
The other survivors, called " dependent insured persons ", pay a
contribution of 50 pfennigs.
'
'
Contributions are paid to the sickness fund concerned by the
ex-service men's relief office responsible for the payment of the
pension or allowance due to the compulsorily insured person, but only
a part of the monthly contribution, varying with the amount of the
pension or allowance between 0.25 and 1.50 marks, is deducted from
the pension or allowance, the rest of the contribution being paid from
the budget of the relief office concerned.
Voluntarily insured persons on the other hand must as a rule
pay the whole of the contribution. The relief office must, however,

COMPENSATION

IN

GERMANY

55

facilitate admission to voluntary insurance when necessary by paying
at least part of the monthly contribution due from survivors. I n
no case has the sickness fund any immediate claim on voluntarily
insured persons in connection with the payment of contributions,
these being paid solely by the relief office with which the insured
person is connected.
In this way the contributions for all war survivors, whether
covered by compulsory or by voluntary insurance, are paid to the
sickness funds through the ex-service men's relief offices. As, however,
it may be foreseen t h a t the distribution of the insured persons over
the various local and rural funds is likely to be very uneven, and that
elderly survivors will be a heavy risk for any fund which has a
number of them on its books, it has been decided to form an equalisation fund, into which 20 per cent, of the proceeds from contributions
will be paid, only the remaining 80 per cent, going to the sickness
funds. The Minister of Labour will regulate the details of the distribution of the equalisation fund's income among the sickness funds.
Benefit. In case of sickness, survivors of persons killed in the
war, whether insured compulsorily or voluntarily, will be entitled
to medical attendance and other benefits in kind granted by the
insurance system, but not to daily cash benefit intended to replace
a loss of earnings due to illness.
Benefit in kind, which is granted for an unlimited period, except
for hospital treatment, includes treatment by an ordinary general
practitioner and, where necessary by a specialist or a dentist, as
well as the supply of medicines and simple therapeutic appliances,
such as spectacles, hernia trusses, etc. Like all other insured persons,
the survivors of war victims are free to choose their doctor from the
list of approved insurance doctors. Institutional treatment is granted
for a maximum of 26 weeks as a rule, and for a maximum of 13 weeks
for dependent insured persons for one and the same illness.
Obstetrical treatment includes the assistance of a midwife or, where
necessary, of a doctor, and the supply of the necessary simple therapeutic appliances. When the confinement of an insured woman takes
place in a maternity home, the sickness funds replace the abovementioned benefit with a lump-sum payment of 50 marks.
As in the ease of all other insured persons, survivors of war
victims are required to pay a fee of 25 pfennigs for each case of
medical treatment. They must also contribute towards expenditure
on medicines and therapeutic appliances by paying one-tenth of the
cost, but not more than 25 pfennigs per prescription.
The sickness fund may, however, waive its right to such fees and
payments whenever it thinks fit to do so.
Pensions and Allowances
The cash benefits payable to pensioners are the following :
(a) the basic pension and the various statutory supplements; (6) the
supplementary pension payable only to those in necessitous cir-

56

COMPENSATION OF WAR VICTIMS

cumstances ; (c) a general supplement added to all pensions so as to
adapt their purchasing power to fluctuations in the cost of living.
An analysis will first be given of the method of fixing the basic
pensions and supplements payable to disabled men or their survivors ; the general provisions covering all pensioners and referring
to supplementary pensions, cost of living supplements, overlapping
of pensions and other income, etc., will then be examined.
Pensions^ for Disabled Men
A disabled man is entitled to a pension whenever his earning
capacity is reduced by not less than 25 per cent, or he is seriously
mutilated by an injury received on service.
He may receive a supplementary pension if he is in necessitous
circumstances. Earning capacity is deemed to be reduced as a result
of injury if the disabled man is no longer capable, or is capable only
by dint of extraordinary exertion, of earning his living by a kind of
work which he may reasonably be expected to undertake in view of his
circumstances, attainments, and capacities. The remuneration
actually earned shall not be considered a sufficient criterion of earning
capacity.
Serious mutilation is deemed to be equivalent to a loss of earning
capacity of 25 to 50 per cent, even if the earning capacity is not
reduced at all or is reduced by less than 50 per cent.
Amount of the pension. Pensions are calculated on the following
bases : (1) loss of earning capacity ; (2) occupation ; (3) family
responsibilities ; (4) place of residence.
The annual amounts of the basic pension and the serious disablement supplement are fixed at the following figures :
Loss of earning
capacity
(per cent.)

30
40
50
60
70
80
90
100

• Basic pension
(marks)

130
173
270
324
378
432
486
540

Serious
disablement
supplement (marks)

—

36
42
54
72
108
168

From 1 July 1939 onward thèse amounts are increased by the
following supplements : (1) 35 per cent., irrespective of the previous
occupational status of the disabled man x ; (2) 14 to 30 per cent.
according to the place of residence of the pensioner (residence
allowance).
1
Before t h a t date t h e supplement of 35 per cent, was reserved for disabled
persons whose occupation called foï considerable knowledge and skill.

COMPENSATION

IN

GERMANT

57

For the purpose of the residence allowance localities are classified
in five groups as for civil servants' salaries.
Any person whose loss of earning capacity exceeds 90 per cent.
is deemed to be totally disabled.
Blindness is also considered in every case as involving total
disablement.
Occupational supplement. Disabled men receive an occupational
supplement equal to 70 per cent. x of the basic pension mentioned
above if their former occupation required considerable knowledge
and skill and at the same time involved a special degree of effort and
responsibility.
This compensatory allowance is also granted if the injury is the
sole cause preventing the disabled person from engaging in an
occupation which otherwise, judging by his circumstances, attainments, and capacities, would have been open to him or in which,
judging by his previous choice of work and training, he would pro. bably be engaged, or if he is engaged in such an occupation only by
dint of. extraordinary exertion.
This supplement may be increased by 14 to 30 per cent, according
to the locality of residence.
Family supplement.
A married disabled man whose loss of
earning capacity owing to an injury received on service is not less
than 50 per cent, (seriously disabled man) is granted a wife's allowance equal to 10 per cent, of the basic pension and the supplementary
allowances. If the disabled man does not support his wife, the
pensions authorities decide to whom this allowance should be paid.
The disabled man is also entitled to a supplement of 20 per cent.
of the allowances mentioned above in respect of each legitimate
child under the age of 16 years. In certain circumstances children
acknowledged as legitimate, adopted children, stepchildren, foster
children, and illegitimate children for whom the paternity of the
disabled man has been established, may be treated as legitimate
children. This supplement is paid, so long as the disabled man
provides free maintenance, for any child over the age of 16 years who
is unable to earn a livelihood because of bodily or mental infirmity.
The supplement is also continued if the child has not completed
his vocational training at the age of 16 years, b u t it cannot be paid
in those circumstances beyond the age of 21 years.
A supplementary residence allowance may be added to the
allowances for family responsibilities in the same way as in the cases
mentioned above (from 14 to 30 per cent, according to the locality).
Attendance allowance. If, owing to an injury received on service,
a disabled man is so helpless as to require the attendance of another
person, he receives an annual attendance allowance of 600 marks.
If the decline in his health or physical condition is so serious that
1

Instead of 35 per cent, as in other cases.

58

COMPENSATION OF WAR VICTIMS

it renders him permanently bedridden or necessitates special attendance, the allowance may be raised to 900, 1,200 or 1,500 marks
according to circumstances and the expenditure involved.
As a general rule, blind persons- receive an allowance of 1,200
marks. The attendance allowance is suspended so long as the invalid
is being maintained and treated free of charge in a curative establishment. I t may also be suspended in whole or in part if the disabled
person is being cared for at home.
Combatant's allowance. Disabled ex-service men whose loss of
earning capacity is 30 per cent, or over receive a special allowance
of 60 marks a year. This is payable only if the injury was caused by
the special " circumstances of the war—that is to say, is directly
connected with military operations.
Temporary benefit. A member of the armed forces who is not
entitled to a pension and whose earning capacity on leaving military
service is reduced by ah injury to health may, if necessitous, receive
a temporary allowance for not more than three years after leaving
the service in order to facilitate his return to employment. This
allowance may not exceed two^thirds of the full pension and the
supplement for seriously disabled men (including the residence
allowance).
Medical treatment, together with sickness benefit or a family
allowance, may be granted in place of a temporary allowance.
Funeral allowance. I n the event of the death of a pensioner
funeral benefit varying according to the place of residence is granted.
If the death is due to an injury received on service, the allowance
varies from 165 to 210 marks according to the locality.
When death is not due to a service injury the allowance m reduced
by two-thirds.
.
Death is always considered as being a consequence of an injury
received on service if the pensioner dies of a disease or infirmity
recognised as due to his service, in respect of which he received a
pension up to the time of his death.
I n addition to the funeral benefit the survivors of the pensioner
continue to draw the pension and supplements due to the pensioner
for three months following the month in which he dies.
The following are entitled, in the order stated, to receive such
sums : husband or wife, children, father, mother, grandfather,
grandmother, brothers and sisters, and nephews and nieces, provided
that they were living in the household of the deceased at the time
of his death.
If none of the persons specified lived in the same household aB
the deceased, the pensions authorities decide whether and to whom
the payments during the three months following the decease shall
be made.

COMPENSATION

Survivors'

IN

GERMANY

59

Pensions

When death is due to an injury received on service a pension
is paid to survivors (widow's, orphan's or ascendant's pension).
Death is always considered as having been the consequence of an
injury received on service when the pensioner dies as a result of an
infirmity or disease recognised as due to his service, in respect of
which he received a pension up to the time of his death.
Survivors may also claim a supplementary pension if they are in
necessitous circumstances.
Widow's pension. A widow may not claim a pension unless the
marriage took place before the deceased was released from service
or before 6 June 1931. If this condition is not fulfilled, the widow
may still claim a bonus if she is in necessitous circumstances (see
below : widow's bonus).
In the event of divorce or separation the former wife of the
deceased does not receive the widow's pension unless the deceased
was pronounced to be the only guilty party, or the grounds for divorce
were mental disease in the deceased.
A widow receives 60 per cent, of the pension which would have
been payable to her husband in the event of complete invalidity.
A residence allowance of 6 to 24 per cent, is added, according to the
place of residence.
Suspension of pension in the event of remarriage. If the widow
remarries a German national, she receives in lieu of her widow's
pension a lump sum equal to three times the last annual pension
payment made to her. If her husband dies within ten years of the
remarriage, the provisions relating to widows' bonuses apply.
If the remarriage is with an alien, the pension is as a general
rule withheld, but a lump-sum payment equal to three annual
pension instalments may be granted by special decision of the
authorities.
Widow's bonus. When the death of the husband is not due to a
service injury the widow may, if she is in necessitous circumstances
and if her husband's disablement was not less than 50 per cent.,
claim a widow's bonus, the amount of which may not as a general
rule exceed two-thirds of the widow's pension, including the residence
allowance. The sum of 240 marks is added to the bonus if the
husband was in receipt of an attendance allowance.
Orphans' pensions and bonuses. The legitimate children of the
deceased receive an orphan's pension until they reach the age of
16 years.
If one parent is still alive the orphan's pension is 25 per cent.,
or if both parents are dead 40 per cent., of the full pension of the
deceased in respect of whom the orphans have a claim.

60

COMPENSATION OF WAR VICTIMS

The orphan's pension may be increased by 6 to 24 per cent.,
according to the place of residence.
Children acknowledged as legitimate, adopted children, and
illegitimate children for whom the paternity of the deceased has
been established, are also entitled to an orphan's pension, which
may continue to be paid beyond the age of 16, but in no case beyond
the age of 21 years, so long as the child is continuing a course of
vocational training.
When death is not due to an injury received on service a bonus
may be paid in place of a pension to orphans in necessitous circumstances.
The orphan's bonus may not exceed two-thirds of the orphan's
pension ; if the father of the orphan was in receipt of an attendance
allowance, the orphan's bonus may be increased by 96 marks a year,
provided always that it may not exceed the full amount of the
orphan's pension.
Ascendants' pensions. In the event of death due to service the
father, mother, grandfather, and grandmother, of the deceased are
entitled to ascendants' pensions.
Adoptive parents are treated as ascendants if the adoption took
place before the deceased received his injury. The same applies in
the case of step-parents if the deceased was entirely maintained by
them before his injury.
A pension is paid to ascendants in necessitous circumstances
if the deceased maintained them or would have done so on being
released from military service.
Ascendants are considered to be in necessitous circumstances
if their general earning capacity is reduced by not less than twothirds, or, in the case of mothers, if they have passed their 60th year,
provided always that they have no claim to be supported by any
persons in a position adequately to provide for them.
The right to a pension cannot be granted if the monthly income
of the claimants exceeds 52 to 60 marks, according to the place of
residence, in the case of a couple of ascendants. If there is only
one ascendant the income must not exceed 80 per cent, of the above
figures.
A mother who is able to work but is responsible for the maintenance and education of children is considered incapacitated for
employment.
When the income exceeds the limits laid down above, or when
the persons who should be responsible for the maintenance of the
ascendants can meet their obligations only with great difficulty,
an ascendants' bonus may be paid.
This bonus may also be granted when the ascendants were not
entirely maintained by the deceased.
The ascendants' pension for two parents is 50 per cent., or for
one parent 30 per cent., of the pension which would have been payable
to the son in the event of complete incapacity.

COMPENSATION IN GERMANY

61

If more than one son has died as a result of injuries received on
service, the ascendants' pension is increased by one-fifth in respect
oi each additional son.
The ascendant's bonus must never exceed the amount of the
ascendants' pension together with the residence allowance. If the
claimants were not entirely dependent on the deceased, it may not
exceed two-thirds of that amount.
The bonus must in every case be fixed at a figure such t h a t the
total income of the recipients or recipient does not exceed the amount
of the total pension payable to ascendants (including the residence
allowance) and the maximum income which may be received jointly
with the pension.
Grandparents receive a pension only if there are no parents
entitled to claim it. Apart from this condition the rules for the
granting of pensions or bonuses to parents apply equally to grandparents.

General Provisions Covering All Categories of Pensioners
Supplementary pensions. A supplementary pension is payable
only to disabled persons whose loss of earning capacity is 50 per cent.
or over, and to widows and orphans. I t is never granted unless the
recipients are in necessitous circumstances.
ÏTo supplementary pension is provided for ascendants, because
their normal pension is payable only when they are in necessitous
circumstances and they automatically receive a supplement, fixed as
a general rule at 240 marks a year for a couple of ascendants and
150 marks for each single ascendant.
Amount of the supplementary pension. The annual supplementary
pension is as follows :
Seriously disabled men :
Marks
incapacity from 50 to 60 per cent.
144
incapacity from 70 to 80 per cent.
300
incapacity over 80 per cent.
504
Widows or widowers entitled to a pension
408
Fatherless orphans entitled to a pension
120
Full orphans
180
Persons in receipt of a family allowance (being in hospital) or of
temporary benefit
300
Seriously disabled men and persons in receipt of a family allowance receive in addition to their supplementary pension
an allowance in respect of each child of
108

A residence allowance is added to each of these amounts ; the
rate varies, according to the locality, from 14 to 30 per cent, for
disabled men and from 6 to 24 per cent, for survivors.

62

COMPENSATION OF WAR VICTIMS

Supplementary pensions and other income.
Disabled men in
receipt of an attendance allowance of not less than 900 marks a year
automatically receive half the supplementary pension if their gross
monthly income does not exceed 530 marks.
In the case of other pensions the maximum income which may
be enjoyed simultaneously with a supplementary pension is fixed
for disabled men as follows :
Monthly income (marks)
Incapacity from.
Incapacity from
50 to 70 per cent.
80 to 100 per cent. ,

Place
of residence

Special class
Class A
Class B
Class C
Class D

100
95
90
. 8 5
80

125
120
115
110
105

An additional amount of 20 marks a month in respect of each
child maintained by the pensioner must be added to these figures.
In the case of widows and orphans, the supplementary pension
may not be drawn simultaneously with an income exceeding :
Marks per month

100
95
90
85
80

>• Place of residence

Special class
Class A
Class B
Class C
Class D

These limits must be increased by 10,marks a month in respect
of each child maintained by t h e pensioner.
As a general rule all the pensioner's sources of income must be
taken into account in calculating income for the purpose of the
supplementary pension. Certain items, however, such as a war
pension, are exempt. Similarly, any income earned by a widow from
her employment is exempt up to 30' marks a month, and half the
income from paid employment of the disabled man's wife is also
exempt.
Adaptation to cost of living. In order to ensure that these allowances take account of the cost of living it is prescribed t h a t a cost
of living bonus shall be added to the various pensions, supplements, and allowances ; this bonus fluctuates in the same way as
that payable to civil servants, and pensions are adjusted at the
same time as civil servants' salaries.
Loss or suspension of the right to a pension. The right to a pension
is suspended in the following circumstances among others : (1) for
the period of a return to active military service ; (2) for as long as the

COMPENSATION

IN

GERMANY

63

person entitled to a pension is not a German national (notwithstanding, pensions may be granted to aliens or persons with no
nationality who have served in the German armed forces and to
their survivors) ; (3) if the person entitled to a pension has been
prosecuted for high treason, treason against t h e State, etc., for as
long as it is not known where he is ; (4) in the event of the person's
being sentenced to imprisonment for high treason, treason agamst
the State, etc. ; (5) for as long as the person entitled to a pension is
undergoing a sentence of imprisonment of not less than three months
or is detained in a penitentiary ; (6) for as long as the pensioner
resides abroad without the permission of the Minister of Labour ;
(7) when the pensioner engages in activities contrary to the interests
of the State.
If the pension is suspended for one of the reasons enumerated
under (3) to (7) above, the dependants of the pensioner may receive
a fraction of the allowances due to him if they are in necessitous circumstances.
A fraction of the pension not exceeding one-half may be suspended
if the pensioner receives a salary, pay, or retiring allowance, out
of public funds exceeding 210 marks a month.
The pension may not be held jointly with certain accident
insurance benefits or statutory civil or military retiring allowances.

COMPENSATION F O E CIVILIAN W A R VICTIMS

An Order of 1 September 1939 extends to civilian war victims
with certain amendments the provisions of the Act of 26 August
1938 relating to pensions for soldiers wounded on active service.
The main provisions of the Order are summarised below.
Beneficiaries
All German subjects who have sustained any bodily injury as a
result of an attack directed against German territory, or as a result
of any military action undertaken by the German army, will be
entitled to assistance. If the injury in question results in the death
of the victim, the widow, orphans, and ascendants, of the deceased
person will be given assistance. !N"o compensation is payable unless
the injury was the direct result either of an action by the German
army, the army of one of Germany's allies, or an enemy army, or of
measures taken by the German authorities owing to an attack
directed against German territory or to a particular action of the
German army, or of measures taken by authorities, organisations,
or persons, belonging to enemy countries, or of flight before the
enemy when this was inevitable in order to escape from danger of
death.
The Minister of the Interior is authorised to extend the benefits
to persons of other nationalities.

64

COMPENSATION OF WAR VICTIMS

Injured persons who are entitled to compensation for bodily
injury under the special legislation applicable to civil servants,
soldiers, or members of the National Labour Service, may not
avail themselves of the provisions of the Legislative Decree of
1 September 1939 unless these provisions are more favourable than
those of the special legislation. The same rule applies in the case
of injured persons who are entitled to benefit under the compulsory
industrial accident insurance scheme.
Bights of Injured

Persons

Injured persons are entitled to medical and occupational assistance. Persons who sustain bodily injury or are in no fit state to
work will be granted the following cash benefit : grants in respect of
physical injury, invalidity pensions, and lump-sum payments.
Medical Assistance.
I n addition to medical and surgical treatment, the injured
person will be entitled to receive free pharmaceutical aid, artificial
limbs, and surgical appliances. Treatment may be given at the home
of the injured person or in a hospital, and a daily sick benefit is paid
throughout the treatment.
Artificial limbs and surgical appliances will be supplied by the
army offices for pensions and assistance, and the other benefits will
he administered by the sick funds. As a general rule, the injured
person should apply to his sick fund, b u t if he is not a member of a
fund he must apply to the nearest local or rural sick fund
The injured person may be given a cure in a health resort or
sanatorium if other methods of treatment do not appear to be
equally efficacious.
The normal renewal of artificial limbs and surgical appliances
is provided for, unless the appliances in question have been lost or
damaged through misuse or a serious fault of the injured person.
Benefit for Physical Injury.
Any person who sustains a physical injury, either permanent or
of considerable duration, is entitled to benefit. The monthly rate of
benefit depends on the gravity of the physiological injury, and three
degrees are provided for, as follows : first degree, benefit of 15 marks ;
second degree, 30 marks ; third degree, 50 marks.
If there are several injuries, a single benefit is paid in respect
of them jointly. The benefit for physical injury is payable in addition to any other income except the salary or pension of a civil
servant or an army officer's pay.
Invalidity Pension.
A pension is granted t o any injured person whose working
capacity cannot be re-established within a reasonable time, and who
cannot engage in his former occupation or some similar occupation,
or be retrained for some other occupation.

65

COMPENSATION IN GERMANT

The pension (in marks per month) varies according to the family
responsibilities and residence of the person concerned, as follows :
For
For
For
For

an unmarried person under 35 years of age
an unmarried person over 35 years of age
an injured person who is married but has no children.
an injured person who is married and has one child or
more

40 to 65
55 to 80
70 to 95
80 to 105

If the injured person is under 17, he will be given, in addition
to the benefit for physical injury, an allowance which varies, according to his age, from 20 to 80 per cent, of the invalidity pension.
An occupational supplement may be added to an adult's pension,
this supplement being 10 marks a month if the injured person was
engaged in an occupation requiring several years' training and a
qualifying examination. The supplement may be increased to 50
marks a month if the occupation in question requires considerable
knowledge and special qualifications, and involves marked responsibility.
Special supplements are provided for injured persons whose
condition requires the constant assistance of a third person, and also
for the blind.
A lump-sum capital payment may be substituted for the periodic
payments if the injured person is under 55 years of age and in good
health. A guarantee must be given of the judicious use of the capital
in question, and the sum paid must be used either for the purchase
of a small agricultural holding, or to enable the injured person to
engage in an independent occupation or share in a co-operative
building or co-operative settlement undertaking.
Bights of Survivors
Widow's Pension.
A widow may claim a pension equal to 60 per cent, of the invalidity pension and occupational supplement to which the deceased
injured person was or would have been entitled.
If the widow remarries before she is 35 years old, she receives a
lump sum equal to five years' annual pension payments instead of a
pension. If she remarries between the ages of 35 and 45, the lumpsum payment is equal to three annual pension payments. A widower
who, owing to invalidity, was supported by his wife, is also entitled
to a pension if the wife dies as the result of a war injury.
Orphan's Pension.
The pension for an orphan who loses his or her father, if the
mother is alive and herself a pensioner, amounts to 20 per cent, of
the widow's pension. If the mother is dead or is not entitled to a
pension, the orphan's pension is equal to 30 per cent, of a widow's
pension. Orphans' pensions are usually paid up to 18 years of age,
but they may be paid up to the age of 24, and even longer, especially
5

66

COMPENSATION OF WAR VICTIMS

in the case of an orphan who is incapable of earning his or her living.
If the mother dies as a result of a war injury, and the father
is in receipt of a pension, or dead, the children are entitled to a
pension which amounts in the first case to 20 per cent., and in the
second case to 30 per cent., of the widower's pension.
Pensions for Ascendants.
An ascendant is entitled to 25 per cent., and a married couple
of ascendants to 50 per cent., of the invalidity pension and occupational supplement to which the deceased person was or would
have been entitled in case of invalidity.

GREAT BRITAIN
The whole of the British legislation on war pensions was revised
on the outbreak of hostilities, and now comprises five texts, dealing
respectively with the army (Eoyal Warrant of 15 September 1939),
the navy and marines (Order in Councñ of 21 September 1939), the
air force (Order of 22 September 1939), mariners (scheme of 22 September 1939), and civilian war victims (scheme of 14 September
1939).
The first four of these texts were issued in pursuance of the Act
of 3 September 1939 transferring to the Minister of Pensions certain
powers concerning pensions in respect of disablement or death,
previously vested in naval, military or air force authorities.
The Orders apply equally to women members of the military forces,
such as nurses and members of Voluntary Aid Detachments. Women
who are mobilised are classified in groups corresponding approximately to the various ranks of officers or non-commissioned officers :
a staff nurse, for example, ranks as an officer, a matron as a major,
an uncertificated nurse member of a V.A.D. as a warrant officer,
etc. The rates of pensions payable to women pensioners in respect
of disablement or to the survivors of deceased women (children,
parents, or a disabled husband in necessitous circumstances) are as
a rule lower than the rates for members of the armed forces with
corresponding rank.
The scheme of compensation for civilian war victims was drawn
up in pursuance of the Personal Injuries (Emergency Provisions)
Act, 1939. The main provisions of the Eoyal Warrant of 15 September 1939 concerning pensions for the military forces and the
schemes of 22 and 14 September concerning pensions for mariners
and civilian war victims are analysed below.
MILITABY PENSIONS

The Eoyal Warrant concerning pensions for members of the
military forces covers officers, warrant officers, soldiers, and assimilated women members, the depot of whose unit is situated in the
United Kingdom or the Isle of Man.
Disability cannot be accepted as attributable to military service
for the purpose of the Warrant unless it is (a) directly attributable
to military service during the war ; or (b) due t o a wound, injury,
or disease, which arose during war service or existed before such
service and was aggravated by war service t o a material extent
and remained so aggravated.
A disabüity may not be certified to be attributable to military
service during the war unless there is definite evidence of the wound,
injury, or disease, in contemporary official records or, where such

68

COMPENSATION OP WAR VICTIMS

records are not available, there is other definite collateral evidence ;
in either case the evidence must be good and sufficient and leave
no doubt in the mind of the certifying medical authority that the
disability is in fact attributable to war service.
A disability which is deemed to be due to the serious negligence
or misconduct of the member of the military forces concerned cannot
be regarded as attributable to military service.
The benefits provided for include : (1) medical and surgical
treatment, an allowance during treatment, and an allowance for
the family during treatment ; (2) a disability pension, with a family
allowance and, if necessary, an allowance for a constant attendant ;
(3) survivors' pensions.
I n due course these will doubtless be supplemented by other
benefits, such as vocational rehabilitation, priority in obtaining
employment, etc., such as were guaranteed to pensioners after the
war of 1914-1918.
Medical and Surgical Treatment and Allowances
during Treatment
The right to medical and surgical treatment is governed mainly
by Article 37 of the Eoyal Warrant, which authorises the Minister
of Pensions, under such conditions and up to such amount as he
may determine, to. defray any necessary charges, fees, or expenses,
in respect of the treatment of the disablement through war service
of a member of the military forces not otherwise provided for ; this
treatment includes remedial training if necessary.
The Warrant makes it clear, however, that the powers thus
conferred on the Minister of Pensions are limited to the actual
period of the war if the charges, fees, or expenses, are incurred when
the individual is being treated at home.
Allowance during

Treatment.

When a member of the military forces eligible for an award
under the Eoyal Warrant must, in consequence of his disablement
through war service, undergo a course of medical or surgical treatment and is unable in consequence to provide by his normal earnings
for his own support and t h a t of his family, he may be granted, in
lieu of his current award and under such conditions as the Minister
may determine, an allowance equivalent to the pension for total
disablement.
The rate of this allowance varies with the rank and conditions
of service of the individual. If the treatment is in an institution,
án amount to be determined b y the Minister will be deducted from
his allowance on account of the cost of maintenance in that
institution.
If the treatment is provided in the home of the individual
concerned, the allowance in respect of the first and second weeks of
his course of treatment may not exceed the current award or the

COMPENSATION IN GREAT BRITAIN

69

rate appropriate to a disablement of 50 per cent., whichever is the
greater. In the case of treatment at home no allowance is payable
in respect of any period after the end of the war.
Allowance for Family during

Treatment.

If the pensioner is married or has children to support, the allowance during treatment is supplemented by an allowance for his
family, the amount of which varies according to the degree of
disablement for which the former allowance is awarded. The
conditions of these allowances and their amounts are indicated
below in the section dealing with disability pensions.
Partial

Treatment.

If, in consequence of his disablement through war service, a
member of the military forces requires treatment which does not
render him unable to provide for his own support and that of his
family, but requires him to absent himself from his normal employment on one or more occasions in the week, he may be granted an
allowance for the time he is required to absent himself not exceeding
16s. a week in the case of an officer or 12s. a week in the case of a
soldier.
Disability

Pensions

The claim to a disability award must be made within seven years
from the termination of service or the end of the war, whichever is
the earlier.
This time limit does not apply to claims fulfilling the requirements
of any regulations which may be made by the Minister of Pensions
with the approval of the Lords Commissioners of the Treasury. The
disability award comprises a pension and supplementary allowances.
Pensions.
The rate of pension varies according to the degree of disablement
and the rank of the claimant. If the degree of disablement is less
than 20 per cent, no pension is payable, but the disabled person may
receive a gratuity or a final weekly allowance. I t may be mentioned
by way of example t h a t the gratuity for the loss of the terminal
phalanx of the left thumb is £120 in the case of an officer and £60
for other ranks ; that for the loss of one phalanx of the right index
finger is fixed at £80 and £40 respectively.
The degree of disablement for the purposes of the Royal Warrant
is taken to mean the percentage of physical disablement which is
suffered by a member of the military forces as a result of his war
service by comparison of his condition as disabled with the condition
of a normal healthy person of the same age, without taking into

70

COMPENSATION OF WAR VICTIMS

account his earning capacity in his disabled condition in his own or
any other specific trade and without taking into account the effect
of any individual factors or extraneous circumstances.
In a case of disablement suffered by reason of two or more
disabilities attributable to service, the degree of disablement will be
determined in reference to the combined disablement from the
disabilities together, but may in no case exceed 100 per cent.
The rates of pensions payable to officers and men or assimilated
persons are laid down in schedules to the Warrant.
The following table shows the amount of the pensions payable
to soldiers and certain categories of officers for complete disablement and for not less than 20 per cent, disablement ; for degrees of
disablement between those limits the pension is proportionate.
Rank

Total disablement

Major
Captain or subaltern
Warrant officers,
Class I
Other non-commissioned officers :
Class I
Class I I
Class I I I
Class IV
Privates

£200
£150

Disablement of
20 to 29 per cent.

£40
£30

a year

45s.
42s. 6d.
40s.
37s. 6d.
35s.
32s. 6d.

8s. 6d.
8s.
7s. 6d.
7s.
6s. 6d.

a week

Family Allowances.
The pensioner receives, in addition to his main pension, an
allowance in respect of his children and wife (or unmarried wife)
if these persons fulfil certain conditions of age, circumstances, etc.,
enumerated below.
The Warrant contains two scales of allowances, one for officers
and the other for other ranks. In each case, the rate of allowance
is proportionate to the degree of disablement. The following table
shows the rates of allowance for the wife and children of a man
suffering from total disablement.
Claimant

—
Wife
First child
Second child
Third child
Fourth child

When wife or unmarried
wife is eligible for
a pension
Officers
Other ranks

When wife or unmarried
wife is not eligible for
a pension
Officers
Other ranks

annually

per week

annually

£25
£20
£15
£10

5s.
5s.
3s. 4d.
3s. 4d.

—.

—

—

£20
£20
£15
£10

per week

—

5s.
5s.
3s. 4d.
3s. 4d.

The allowances in respect of children normally cease at the
age of 16 years in the case of soldiers' children and 18 years in the
case of officers' children, but they may be extended beyond those
ages if it can be shown that the child is an apprentice or is being
educated at a university or technical or secondary school.

COMPENSATION IN GREAT BRITAIN

71

I n the case of an officer no family allowance is paid unless the
pecuniary circumstances of the family require it.
Quite apart from the family allowance, a special education
allowance not exceeding £35 a year may be granted in order to
assist the family to provide education for any child of the age of
8 years or over, provided t h a t the pecuniary circumstances of the
family are such as to require it.
The wife of a pensioner is not eligible for an allowance unless
the marriage took place before the end of the war or before the
receipt of the wound or the removal of the husband from duty or
the termination of his war service ; the wife must also be over
40 years of age, or incapable of self-support, or responsible for the
care of at least one child.
Allowance for Constant Attendance.
If the pensioner's disability is such as to necessitate the constant
and continuous attendance of another person, he is entitled to a
special allowance not exceeding 15s. a week for a soldier or £75 a
year for an officer.
Survivors'

Pensions

General Bules.
Pensions in respect of deceased soldiers or officers may not be
claimed as a right, but may be given as a reward of their service ;
no pension will be granted or continued to a person who, in the
opinion of the Minister of Pensions, is unworthy of a grant from
public funds. I t is in the discretionary power of the Minister to
terminate or suspend, in whole or in part, or restore any pension
that may have been granted or to provide for its administration
under such conditions as he may determine.
Categories of Dependants.
Subject to the general condition just mentioned, the members
of the family of a deceased soldier or officer who may claim a pension
are first of all his widow and his children ; parents may claim a
pension only if there is no surviving widow or child.
In certain circumstances an unmarried wife of a deceased soldier
or officer is assimilated to a widow.
Widows'

Pensions.

The widow's pension is payable only if death occurs within
seven years of the date of the injury, removal from duty, or termination of service, of the husband ; moreover, death must be directly
attributable to the husband's service, and the marriage must have
taken place before a certain specified time.

72

COMPENSATION OP WAR VICTIMS

If death is found to be attributable to service, the pension is
payable only if the marriage took place (a) before the end of the war,
or (b) before the termination of the husband's mihtary service, or
(c) before the injury which caused death or the removal of the
husband from duty on account of the disease which caused death.
The marriage must have occurred before the earliest of the events
mentioned above.
The rate of the widow's pension for a soldier or officer depends
on his rank and on the age, earning capacity, and family responsibilities, of the widow.
A widow of a soldier who has one child to maintain or who is
over the age of 40 years or who is incapable of self-support receives
a weekly pension of 22s. 6d. If the conditions of age, family responsibilities, or incapacity for self-support, are not fulfilled, the weekly
pension is reduced to 15s: 6d.
A supplement ranging from Is. 6d. to 7s. 6d. a week is paid if
the husband was a non-commissioned officer.
The widows of officers receive, in addition to their pension, a
gratuity the amount of which varies, like the pension, according to
the husband's rank, b u t in the case of officers' widows ho conditions
of family responsibilities, age, or earning capacity, are attached to
the pension.
The widow of a major receives an annual pension of £140 and a
gratuity of £300. The widow of a captain receives a pension of
£100 and a gratuity of £200, and the widow of a lieutenant a pension
of £90 and a gratuity of £150.
As a general rule the pension ceases immediately on remarriage,
but the widow of a soldier, other than the widow of a warrant officer
Class I, who remarries receives a gratuity equal to one annual
instalment of her pension.
If, after a widow has remarried, her second husband dies, the
pension may be restored entirely or in part in the case of the widow
of a warrant officer or officer if, in the opinion of the Minister, her
pecuniary circumstances justify such restoration.
Children's Allowances.
A weekly allowance of 5s. is added to the pension of a soldier's
widow in respect of each child under the age of 16 years.
An orphan child of a soldier receives a pension of 10s. a week.
I n the case of officers' children, the allowance added to the
widow's pension is £24 a year for each child ; a motherless child
receives a pension of £40 a year.
An additional education allowance, not exceeding £35 a year, may
be granted in order to ensure suitable training for a child if the
' pecuniary circumstances of the family require it.
The conditions for the payment of allowances to the children of
deceased ex-service men are the same as those laid down for the
supplementary allowances attached to disability pensions : the
maximum age is 16 years for soldiers' children and 18 years for
officers' children. The allowances may be paid for a longer period

COMPENSATION IN GREAT BRITAIN

73

in accordance with the rules already mentioned (see above, p. 70).
The remarriage of the mother does not affect the payment of
children's allowances.
Pensions for Parents and other Dependants.
If a soldier or officer dies leaving no widow or child entitled to a
pension, his parents may receive a pension if they were maintained by
him. The amount of the pension is left to the discretion of the Minister
and depends on the circumstances to the claimants. For the survivors of soldiers it may not be less than 2s. or more than 10s. a
week in the case of a single parent, or more than 12s. 6d. a week
when the father and mother draw the pension jointly.
If the deceased was an officer, the rate of pension varies between
£12 and £55 a year for a single parent, and may not exceed £70 in
the case of two parents.
If there are no parents to claim the pension, it may be granted
to step-parents, grandchildren, brothers and sisters, or, generally
speaking, to any persons who acted in the place of parent to the
deceased or mainly supported him during his minority for a period
normally of not less than five years.
Allowances to Unmarried Wives.
A woman who has lived with a member of the forces who has
since died may receive an allowance not exceeding 10s. a week if
the deceased was a soldier, or £50 a year if the deceased was an
officer. In order to claim this allowance, the woman must prove that
she lived on a domestic basis with the deceased from a date not
less than six months prior to the outbreak of war or his first employment with the forces, if later, and was dependent on him at the
date of his death.
Further, the allowance is payable only if the woman is responsible
for the maintenance of one or more children eligible for pensions in
respect of the deceased soldier, or if she is in pecuniary need and
incapable of self-support.
Prevention of Double Payments
The Eoyal Warrant does not prohibit in any way the payment
of the above pensions or allowances simultaneously with salaries,
wages, retiring allowances, etc. The general rule for preventing
the payment of compensation from two or more different sources
for the same injury remains in force, however, and the National
Health Insurance and Contributory Pensions (Emergency Provisions)
Act of 3 September 1939 contains rules restricting the possibility
of a war pension or allowance being paid simultaneously with health
insurance benefits unless- the pensioner, after his discharge on
account of war disablement, completed a qualifying period in
employment which fully restored his rights to health insurance
benefits.
If a pensioner, after being disabled during t h e war, resumes his
insurable employment and pays the number of weekly contributions

74

COMPENSATION OF WAR VICTIMS

required to complete the qualifying period for health insurance, any
rule prohibiting in whole or in part the payment of benefits simultaneously with a war pension ceases to apply. The qualifying
period is 26 weeks for sickness benefit and 104 weeks for disablement
benefit. The old-age pension provided by the insurance scheme may
be drawn in full along with a war disability pension or a pension
paid to the parent of a war victim.
I n all other cases in which a person is entitled simultaneously
to a war pension in respect of the death of a member of his family
and to an old-age pension under the social insurance scheme, a
fraction of the latter pension is deducted, the amount paid being
calculated in proportion to t h e length of time spent in insurance.
A widow's or orphan's pension under the contributory pension
scheme is never payable if the widow or child of the deceased is
already in receipt of a pension under the scheme of compensation
for civilian war victims or under the war pension scheme for members
of t h e naval, military or air forces. If, however, the war pension
is less than the pension t h a t would be due under the contributory
pension scheme, the difference is. made good by the latter scheme,
which transfers the necessary amount to the Ministry of Pensions.
MAEINEBS

The scheme of war pensions and detention allowances for members
of the mercantile marine laid down by the Act of 3 September 1939
and the Order of 22 September 1939 applies to the crews of commercial vessels provisions similar to those applying to the crews
of naval vessels, which are identical in the main with those governing
the army. The scheme covers all mariners — masters, officers,
and lower ratings — on all British merchant vessels engaged or
employed in sea-going service.
Special rules, based on t h e size of the vessel and the duties
performed on board, assign to officers and other members of the
crews of merchant vessels ranks equivalent to those of officer,
warrant officer, petty officer, and seaman, in the naval service.
The rates of compensation are based on these equivalent ranks.
The pensions and allowances cover the risks of death or disablement directly attributable to war injuries sustained by reason of
service in British ships or during a journey by sea, land, or air, as
a result of such service, or during leave outside the British Islands,
while the mariner was in the service of a British ship in a port outside
the British Islands.
" War injuries " mean physical injuries caused b y : (i) the
discharge of any missile (including liquids and gas) ; (n) the use of
any weapon, explosive or other noxious, thing ; (in) the doing of
any other injurious act, either by the enemy or in combating the
enemy or in repelling an imagined attack by the enemy. The term
also includes injuries caused b y the impact of any enemy aircraft
or any aircraft belonging to His Majesty or any Allied Power, or
any part of, or anything dropped from, any such aircraft.

75

COMPENSATION IN GREAT BRITAIN

The same pensions or allowances are payable if death or disablement is directly attributable to the detention of a mariner as a
result of the capture or seizure of his vessel by reason of the existence
of a state of war and in consequence of his service on board.
There must be an appreciable degree of disablement before the
pension is payable. The definition is given in the same terms as
for members of the military forces, the degree of disablement being
determined by comparison of the physical condition of the claimant
with that of a normal healthy person of the same age. ÏTo account
is taken of the actual earning capacity of the disabled man or of the
effect of any individual factors or extraneous circumstances.
A pension may be claimed only if death occurs within seven
years of the date of the war injury or of the mariner's release from
service as a result of a disease attributable to his captivity.
The benefits provided for include : (1) a disability pension, a
family allowance, and if necessary an allowance for constant attendance ; (2) pensions and allowances for survivors ; (3) detention
allowances.
The main provisions concerning disablement and survivors'
pensions and allowances are given below. x
Disability Pensions
Disability pensions are awarded in the first instance temporarily,
unless the physical disablement in question is definitely permanent ;
they are reviewed from time to time until a final settlement is made
or until the pension ceases to be paid.
The amounts of the annual pensions payable for total disablement
to certain typical grades in the Mercantile Marine are given in the
following table.
(a)

OFFICERS

(British ships not being home-trade cargo ships of a tonnage of 1,000 tons
or under or fishing boats)
Grade

Master
Chief mate
First mate on ships with no
chief mate
Second mate if not certificated
Third mate and any junior mate
if not certificated
Chief engineer
Second engineer if not certificated
Surgeon
Radio officer having 3 years'
experience or more
1

Ships u p to
2,500 tons

Ships from
2,501 t o
10,000 tons

Ships over
10,000 tons

£

£

£

175
175

200
175

250
200

150
125

150
150

150
150

125
150

125
175

125
200

125
175

125
175

125
175

125

125

125

The provisions concerning detention allowances were analysed in Industrial
and Labour Information, Vol. LXXIII, Nos. 1-2, 1/8 Jan. 1940, p. 13.

76

COMPENSATION OF WAE VICTIMS
(6) OTHER EATINGS

(Irrespective of the tonnage of the ship)
£
Chief steward not ranking as an officer, carpenter, chief cook,
boilermaker, boatswain
104
Carpenter's mate, pump man, cook, second steward, etc.
97 10s.
Greaser, quartermaster, storekeeper, fireman, etc.
91
Ordinary seaman, etc.
84 10s.
The amount of the pension depends on the degree of disablement
and the rank or equivalent grading of the pensioner. The percentage
of pension payable for partial disablement is approximately proportionate to the degree of disablement : if the degree is assessed
at from 20 to 29 per cent, t h e pension is equal to 20 per cent, of
t h a t for total disablement ; a person whose disablement is between
30 and 39 per cent, receives 30 per cent, of the full pension, and so on.
When the degree of disablement is less than 20 per cent, the
pension is replaced by a gratuity or a final weekly allowance.
Family

Allowances.

The rules for the granting and payment of family allowances in
addition to the disability pension differ only on certain minor points
of detail from those outlined above in connection with military
pensions.
The following table shows the rate of allowances for the wives
and children of pensioners suffering from total disablement.
Officers
(annual rate)

Wife or unmarried wife
Children when the wife is entitled to an
allowance :
1st child
2nd child
3rd child
Children when the wife is not entitled t o
an allowance ;
1st child
2nd child
3rd child
4th child

Other ratings
(weekly rate)

£

s.

d.

25

5

20
15
10

3 4
3 4
3 4

.

20
20
15
10

5
5
3
3

0

0
0
4
4

I n the case of an officer no family allowance is paid unless the
pecuniary circumstances of the individual require it.
In addition, a special education allowance not exceeding £35
a year may be~ granted at t h e discretion of the Minister in order to
assist the family to provide education for any child of the age of
eight years or over, provided t h a t the pecuniary circumstances
of the father are such as to require it.
Allowance for Constant Attendance.

-

•>.•••

The conditions for the payment of this allowance aje the samé
as in the case of mihtary pensions, if the, pensioner's disability

COMPENSATION IN GREAT BRITAIN

77

is such as to necessitate the constant and continuous attendance
of another person he is entitled to a special allowance not exceeding
15s. a week for a mariner not holding the rank of an officer or £75
a year for an officer.
Survivors' Pensions
The conditions for the granting of survivors' pensions and the
scope as regards beneficiaries are on the whole the same as in the'
case of military pensions. I t will suffice therefore to indicate the
rates of pensions or allowances for survivors of officers and other
ratings.
Survivors of Lower Eatings.
Widows. The pension for a widow who is responsible for the
maintenance of one or more children or is over the age of 40 or is
incapable of self-support is 22s. 6d. a week ; for other widows the
rate is 15s. 6d. Supplementary allowances may be granted, varying
from Is. 6d. to 7s. 6d. a week according to the rank or grade of the
deceased. The pension ceases in the event of remarriage, but a gratuity equal to one annual instalment of the pension is then paid.
Unmarried wives. The Minister may grant an allowance not
exceeding 10s. a week to a woman who lived on a domestic basis
with the mariner in question.
This allowance is payable only if the woman was and is responsible for the maintenance of one or more children of the mariner
and was actually maintained by him during the period preceding
his death ; if the woman is not responsible for any children of the
deceased seaman, the allowance is payable only if she is incapable
of self-support and is in pecuniary need.
Children. An allowance of 5s. a week is added to the widow's
pension in respect of each child under the age of 16 years maintained
by her. The pension for each orphan is 10s. a week.
An additional education allowance not exceeding £35 a year
per child may also be paid under the same conditions as for military
pensions.
Parents and assimilated persons. If the deceased mariner leaves
no widow or child entitled to a pension his parents, if maintained
by him, may receive a pension varying according to their pecuniary
circumstances but in no case less than 2s. or more than 10s. a week
for a single .parent, and not exceeding 12s. 6d. a week for two parents.
Survivors of Officers.
Widows. The amount of the widow's pension is from £80 to
£180 a year according to the rank of the officer ; as a general rule a
gratuity is also paid, the amount varying from £80 for the widow
of an assistant purser to £450 for the widow of the master of a vessel
of more than 10,000 tons.
6

78

COMPENSATION OP WAK VICTIMS

Children. An allowance of £24 a year is added to the widow's
pension in respect of each child under the age of 18 years whose
father held a rank not lower than t h a t of Sub-Lieutenant in the
Eoyal Navy, or £18 a year if the father held a rank assimilated to
that of Warrant Officer, B.ÍT.
The pension for orphans is £40 or £30 a year in the two cases
mentioned. In addition an education allowance not exceeding
£35 a year may be paid.
Parents. Parents' pensions may vary between a minimum of
£12 and a maximum of £70 a year; the pensions paid to other
persons maintained by the deceased may not exceed £60 a year in
all for the survivors of a Mercantile Marine officer graded as equivalent to Warrant Officer, B.N., or £70 if the deceased was graded
in a higher rank.
CIVILIAN W A R VICTIMS

Scope
The scheme of compensation for civilian war victims provides
for benefits in respect of bodily injuries or death as a result of accident occurring to any person falling within the following categories :
(a) civil defence volunteers, chiefly persons employed by local
authorities in the execution of precautionary measures against air
raids ; (b) gainfully occupied persons—that is, persons normally
employed or engaged in some occupation on which they are mainly
dependent for a livelihood ; (c) children under 14 and young persons
between 14 and 24 who are undergoing instruction or apprenticeship ; (d) women performing household duties ; (e) persons in receipt
of life annuities.
Bisks Covered
The nature of the risk covered varies according to the class to which
the injured person belongs. I n all cases, however, the risk covered
is a consequence of a physical injury directly caused by war operations
and not sustained by reason of the serious negligence or misconduct
of the person injured.
Cause of Injury.
In the case of a civil defence volunteer, the injury must have
arisen out of or in the course of the performance of his duties as
a member of a civil defence organisation.
In the case of the other classes of persons to whom the scheme
applies the injury must be caused by one of the occurrences (bombardment, gas, falling aeroplane, fire, etc.) defined in connection
with compensation for mariners (see above, p.. 75).
Consequence of Injury.
In the case of civil defence volunteers and gainfully occupied
persons a grant is payable where the injury results in (a) temporary

COMPENSATION IN GREAT

79

BRITAIN

or provisional incapacity for work lasting at least 7 days ; (6) serious
and prolonged disablement ; or (e) death within 7 years.
In respect of children and young persons and housewives a grant
is payable where the injury results in serious and prolonged disablement only.
In the case of annuitants a grant is payable in the event of death
only.
Disablement within the meaning of the Act is deemed to mean
loss of physical or mental capacity as a result of any physical injury
attributable to military operations. The definition coincides with
that laid down for compensation for members of the armed forces
or of the Mercantile Marine. I t will be remembered that the degree
of disablement is measured by comparing the condition of the
disabled man with the condition of a normal healthy person of the
same age, without taking into account his earning capacity in his
disabled condition in his own or any other specific trade and without
taking into account the effect of any individual factors or extraneous
circumstances.
No pension is payable for disablement of less than 20 per cent.
Benefits
The Personal Injuries Scheme makes provision for the grant of
injury allowances, disablement pensions, family allowances, and
survivors' pensions.
lío enforceable rights to benefit are created under the scheme ;
the Minister of Pensions, who is the competent authority, is merely
enabled to grant the benefits where the prescribed conditions are
fulfilled.
The medical care of civilian war casualties is provided for, not
under the Personal Injuries Scheme, but under the Emergency
Hospitals Scheme organised by the Ministry of Health. The State
bears the whole cost of treating and maintaining casualties in hospital.
Injury Allowances.
Injury allowances are payable only to civil defence volunteers
and gainfully occupied persons.
The allowance is granted in case of incapacity for work and is
payable as from the first day when the incapacity has lasted 7 days.
No allowance is continued for longer than 6 months from the
date of the injury.
The basic scales of injury allowances are as follows :
Beneficiaries

Married men
Bachelors and widowers
Women

Weekly rates of allowances
While an in-patient
In any other case
of a hospital
s.

d.

s.

d.

22
8
8

6
0
0

30
18
16

0
0
0

In the case of unmarried persons under 21 these rates are reduced
by half.

80

COMPENSATION OF WAE VICTIMS

The allowance is increased by 3s. a week in respect of each dependent child under age 15.
Disablement Pension.
If the infirmities resulting from an accident as defined above
produce serious and prolonged 'disablement, the disabled person
may receive a pension if he was not already, before the accident,
in receipt of an annuity which constituted his means of livelihood.
Conditions of award. In the case of serious and prolonged disablement as the result of an accident, a civil defence volunteer or gainfully occupied person becomes entitled to a pension when the injury
allowance expires.
I n the case of a child or young person the pension is only granted
if he is incapable of self-support and only as from his attaining
age 15.
I n the case of a housewife the pension is granted, not to her, but
to the person whose house she kept. I t is granted to t h a t person
under the two following conditions : that he maintains her and that
he employs some other person to perform the duties previously
performed by her.
Bate of pension. The rate of the basic pension varies according
to the degree of disablement, and separate scales are prescribed for
three age groups of males and females respectively.
Males
Degree of
disablement

"Under
18

Females
21 and
over

18-21

Under
18

21 and
over

18-21

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

12

6

22

6

32

6

12

6

17

6

22

6

90-99

11

3

20

3

29

3

11

3

15

9

20

3

80-89

10

0

18

0

26

0

10

0

14

0

18

0

70-79

8

9

15

9

22

9

8

9

12

3

15

9

60-69

7

6

13

6

19

6

7

6

10

6

13

6

50-59

6

3

11

3

16

3

6

3

8

9

11

3

40-^,9

5

0

9

0

13

0

5

0

7

0

9

0

30-39

3

9

6

9

9

9

3

9

5

3

6

9

20-29

2

6

4

6

6

6

2

6

3

6

4

6

100

Family allowances. Family allowances are added to pensions
in respect of the wife and children under 15 of the pensioner.
Where there is no child under 15, an allowance is payable in
respect of the wife only if she is aged 40 or over or is incapable of
self-support.

COMPENSATION m

GBEAT BEITAIN

81

The rates of the allowances are proportional to the degree of
disablement ; thus the rate of an allowance where the degree of
disablement is 50 per cent, is half the rate of the allowance where
the disablement is total.
I n case of total disablement, the allowance to a married man is
5s. a week for his wife, 5s. for the first child, and 3s. 4d. for the
second and third. Again in case of total disablement, the allowance
to a widower or widow or to a married woman whose husband is
incapable of self-support is 5s. a week for the first and second children and 3s. 4d. for the third and fourth.
Survivors' Pensions.
Beneficiaries. Subject to certain conditions as to age, means, etc.,
pensions may be awarded to the following classes of relatives of a
civil defence volunteer or gainfully occupied person deceased as the
result of an injury : (a) widow ; (b) child ; (c) where none of the
foregoing is left, one or both parents ; (d) where none of the
foregoing is left, one or more brothers or sisters.
A pension may also be paid to the necessitous widow or child of a
deceased annuitant.
Widow's pension. A pension of 22s. 6d. a week is payable to a
widow if she is aged 40 or over, is incapable of self-support, or has
a child living with her.
A widow who does not fulfil these conditions receives a pension
of 15s. 6d. a week.
Child's pension. An allowance of 5s. a week is added to a widow's
pension in respect of each child under 15 who was dependent on
the deceased father.
A pension of 7s. 6d. a week is payable in respect of each such
child where the deceased was a widower or widow or a married
woman whose husband is incapable of self-support.
Parent's pension. A parent who is incapable of self-support and
in need and who was dependent on the deceased may be awarded
a pension which, having regard to the financial resources of the
parent, cannot exceed 10s. a week ; when two such parents are left
the combined pensions cannot exceed 12s. 6d. a week.
Brother's or sister's pension. An orphan brother or sister under
15 who is in need and was dependent on the deceased may be awarded
a pension which, having regard to the financial resources of the
brother or sister, cannot exceed 5s. a week ; where more than one
such individual is left the combined pensions cannot exceed 10s.
a week.
Relation to Other Indemnities.
The events in respect of which benefits are payable under the
Personal Injuries Scheme may, in the absence of special provisions

82

COMPENSATION OP WAR VICTIMS

to the contrary, give rise also to benefits under various statutory
schemes of insurance, compensation, or superannuation. The
Personal Injuries Scheme, however, provides that the benefits
which it grants shall exclude the payment of the benefits of certain
social insurance, workmen's compensation or State pensions schemes
or, in some cases, shall cause the latter benefits to be reduced.
Social insurance benefits. The general rules governing the payment of military pensions simultaneously with benefits under
compulsory insurance schemes apply equally to compensation for
civilian war victims. These rules have been outlined in connection
with military pensions (see above, p. 73).
)
Workmen's compensation. In case of industrial accident a workman can have recourse to three alternative remedies : the Workmen's Compensation Act, the Employer's Liability Act, and the
common law. The Personal Injuries Act prohibits the payment of
indemnities under any of those provisions to workmen who sustain
an injury recognised by the Minister of Pensions as one falling to be
indemnified under the Personal Injuries Scheme.
Pensions out of public funds. Pensions under the Personal Injuries
Scheme are not payable where the person concerned is already
eligible for a pension as a member of the armed forces or as a public
servant.
Nevertheless, a disablement pension under the Scheme may be
granted, at a reduced rate, to a person already receiving some
survivor's pension payable wholly or partly out of public funds ;
the disablement pension is, in case of total disablement, reduced
by two-thirds of the survivor's pension, and in case of partial disablement by a proportionately smaller fraction of the survivor's
pension.
The Minister of Pensions has power to review all awards of
pensions at any time.1

1
Personal Injuries (Civilians) Scheme, Statutory Rules and Orders, 1939.
No. 1143.

ITALY
Compensation for war victims is governed in Italy by the body
of laws which has been promulgated since 1917 to regulate either
military pensions (Decree of 12 July 1923 representing the fundamental law, which is still in force) or occupational retraining, placing
in employment and supplementary assistance to disabled men and
survivors (Acts of 25 March 1917 and 27 March 1919 concerning
the protection and relief of disabled men, and of 21 August 1921
concerning compulsory employment in public or private undertakings, etc.).
The amendments made to these measures for the purpose of
adjusting the rate of compensation to the purchasing power of the
currency, among other things, have not in general affected the principles on which the legislation is based, and, generally speaking,
the compensation of disabled men, widows, orphans and relatives
is still based on the system of legislation drawn up after the war
of 1914-1918.
An analysis of the essential provisions governing the right to
pensions will be found below.
COMPENSATION FOB E X - S E R V I C E M E N AND THEIR SURVIVORS

Scope and Risks Covered
War pensions, allowances or indemnities are granted to officers
and soldiers of the army, navy, air force and the national volunteer
militia, as well as to individuals belonging to auxiliary corps or
services who have received wounds or hurts of any kind or who
have contracted illnesses involving the loss or considerable reduction
of their capacity for work, and also to their families when such
wounds, hurts or illnesses recognised as due to war service have
involved the death of the member of the forces concerned.
Conditions of Origin of the Injury.
I n case of death or invalidity the person concerned is entitled
to a war pension, allowance or indemnity if the wounds, hurts or
illnesses involving such death or invalidity are due to or have been
aggravated by war service.
Wounds, hurts or illnesses occasioned or aggravated by war
service in the zone of war operations are, failing proof to the contrary,
presumed to be the consequences of war service.
The person concerned has the right to a war pension, allowance
or indemnity even when death or invalidity has been brought on
by wounds or hurts received or by illnesses contracted or aggravated

84

COMPENSATION OF WAR VICTIMS

outside the zone of operations but as the result of service connected
with the war.
War service is deemed to be that which involves greater dangers
and hardships than in time of peace, and wounds, hurts or illnesses
received, contracted or aggravated on the occasion of such service
are presumed to be due to war.
Imputability to war service is also recognised in the case of
epidemics or infectious diseases contracted during the period of
military service or declaring themselves during the period immediately following cessation of such service.
Sedentary work carried on outside the zone of war operations,
even in territory declared to be in a state of war, is never considered
as war service or as service connected with the war.
The presumption of imputability to war service applies when
the death or invalidity of the person concerned results from wounds
or hurts received or illnesses contracted or aggravated during the
time that he is a prisoner of war, but he is never entitled to a pension
when it is proved that he was made prisoner as a result of circumstances for which he was himself responsible.
Similarly, he is not entitled to a pension if his invalidity or death
is considered to be due to fraud or a serious fault on his part or to
circumstances unconnected with war service. Illnesses due to natural
causes (ordinary etiological factors) which would have produced
the same effects if the person concerned had not been on military
service are held to bear no relation to war service. This provision,
however, only applies where it is proved that his service did not
in any way influence the origin or development of the hurts or
illnesses.
Benefits

Guaranteed

The benefits guaranteed include : (1) medical and surgical
treatment, including orthopaedic and prosthetic appliances ; (2) the
pension and the various increments attached to it ; (3) supplementary
assistance in the form of relief, allowances or loans granted by the
national Institution for the Protection of Disabled Men and the
National Institution for Ex-Servicemen.
• .

Medical and Surgical Aid and Appliances

The legislation recognises the right of disabled men to medical
and surgical aid as well as to prosthetic and orthopaedic assistance.
A public establishment specially set up for the purpose, namely the
National Institution for the Protection and Assistance of Disabled
Ex-Servicemen, is entrusted with the task of providing the necessary
care (Act of 25 March 1917, No. 481, as amended by the Decree of
27 March 1919, No. 573).
For the execution of the tasks entrusted to it, the National
Institution has provincial sections whose duty is to centralise
applications from the persons concerned and to decide whether
or no they are receivable, subject to the right of appeal against its
decision.

COMPENSATION IN ITALY

85

Invalidity Pensions and Allowances
The pensions and allowances for invalidity, whether permanent
or temporary, are established in accordance with a scale comprising
eight classes of pensionable disability ; disability of a less serious
character entitles the person concerned to a lump-sum. allowance.
The relative seriousness of the disability is to a large extent
estimated in accordance with the extent of the impairment of the
person's physical health which it involves ; disabilities not included
in the schedules attached to the Act must be classified according
to their similarity to those appearing on the list.
Among the disabilities included in the first class are the following : blindness, loss of two limbs, etc. ; among those included in
the eighth class are total loss of the left thumb, complete ankylosis
of one foot, total loss of the index finger and another finger of the
same hand, etc.
Among the injuries entitling the person concerned to the lumpsum allowance may be mentioned complete and permanent deafness
in one ear, loss of one great toe and the corresponding métatarse,
and the shortening by at least 4 centimetres of one of the lower
limbs.
The pension is not granted as a life annuity unless the wounds,
hurts or disabilities are not capable of being reduced in the course
of time ; when the incurability is not proved, the place of the pension
is taken by a renewable allowance granted for periods of not less
than two or more than four years.
Bates of Pensions and Invalidity Allowances.
The rates of pensions and invalidity allowances vary with the
military rank of the person concerned, the cause of his disabilities
and, to some extent, his state of need.
Influence of rank. The influence of the military rank is of
special importance when the ex-soldier is not in receipt of the special
allowance paid to seriously disabled men, or the renewable allowances provided for unemployable pensioners in need. The pension
of a private soldier suffering from disability due to a war wound of
medium gravity (included in the fourth group) is approximately
half the pension of a second lieutenant, 40 per cent, of that of a
lieutenant, 30 per cent, of that of a captain and 25 per cent, of the
pension of a major suffering from the same disability.
These proportions are, however, considerably altered by the
special allowances granted to seriously disabled men and unemployable pensioners in need. These allowances are in fact independent of the rank, and for a blinded man, for instance (receiving
an allowance of 12,000 lire per year) the total benefits granted to a
private amount to 80 per cent, of those for a second lieutenant,
76 per cent, of those for a lieutenant, 70 per cent, of those for a
captain and 65 per cent, of the allowances granted to a major.

86

COMPENSATION OP WAE VICTIMS

Origin of the disabilities.
The origin of the disability has an
influence on the basic pension and the allowance for unemployable
disabled men in need but does not play any part in the determination
of the rate of allowances for seriously disabled men.
The amount of the basic pension varies according as the wounds,
hurts or disabilities are more or less strictly imputable to the war.
When they are due to weapons or devices of the enemy, or received
or contracted in the fighting zone, as a direct and immediate consequence of war service, the ex-soldier is entitled to a privileged
pension, the rate of which is higher than that of the ordinary war
pension.
The variation of rates is especially marked for privates, in whose
case the privileged pension is from 14 to 24 per cent, higher than
the ordinary pension, according to the gravity of the injuries.
The amount of allowances to unemployable disabled men in
need varies always by about 14 per cent., according as the disabilities
entitle them to a privileged pension or an ordinary war pension.
The existence of a direct and immediate relation of causality
between the injury suffered and the war service is presumed when
it is proved that the wounds, hurts or disabilities were received or
contracted in consequence of service performed in the fighting zone,
even when their effects first displayed themselves outside that zone.
Scales of Pensions.
The scales in force under the conditions outlined above are
fixed as follows (basic pension for privates) :
Class of disability
1
2
3
4
5
6
7
8

Annual rate of
privileged pension
(lire)
4,080
2,880
2,640
2,400
2,040
1,680
1,320
960

Annual rate of
ordinary pension
(lire)
3,240
2,400
2,220
2,040
1,740
1,440
1,140
840

Where a disability entitles the sufferer to a lump-sum allowance,
this is equal to a pension of the eighth class, multiplied by a coefficient
varying from 1 to 5, according to the gravity of the infirmity.
Increments for Certain Classes of Pensioners.
For certain classes there are, added to the basic pension, increments varying with the seriousness of their condition and the consequences of the injuries they have suffered.
The largest increments are paid to disabled men suffering from
disabilities included in the first class of the scale. For instance,
blinded men suffering from a second disability which would by
itself have entailed invalidity of at least 60 per cent, receive an
annual allowance of 14,400 lire. Blinded men not suffering from
any other disability receive an annual pension of 12,000 lire.

COMPENSATION IN ITALY

87

Men who have lost one leg at the thigh receive 7,200 lire ; men
suffering from tuberculosis who are unable to carry on paid employment receive 3,120 lire (including 1,120 lire as an allowance for
treatment) ; men who have lost both feet receive 2,100 lire.
Unemployable pensioners not in receipt of the special allowances
for seriously disabled men receive, if they are in need, an annual
allowance of 960 lire in the case of those drawing privileged pensions
and 840 lire if they are drawing ordinary pensions.
Widows' and Orphans'

Pensions

Widows' and orphans' pensions, like invalidity pensions, vary
with the rank of the deceased and the relation between military
service and the cause of death. They are also proportionate to
family responsibilities and, where occasion arises, to the state of
need.

i

Establishment of the Eight to Pension.
The widow of a member of the forces who dies as the result of
war service, provided there exists against her no final sentence of
judicial separation, is entitled to a privileged pension if the death
of .her husband was due to wounds, hurts or illnesses resulting from
the enemy's weapons or methods of war, or wounds or hurts received
or illnesses contracted in the fighting zone as a direct and immediate
consequence of war service.
When the member of the forces dies as a result of war service
or service connected with the war in circumstances other than
those enumerated above, the widow is entitled to an ordinary pension.
The right to pension is only established if the marriage was
contracted within five years from the date when the soldier was
discharged and on condition that he was not receiving a pension or
renewable allowance at the time when the marriage was contracted.
If there is no child of the marriage it must have lasted for at least
two years.
The conditions concerning the date of the marriage - do not
however apply in regard to claims for a reversionary pension.
The widow of a pensioned soldier may claim a reversionary pension
if her marriage was contracted within five years from the date
when her husband's pension Was first granted and if the marriage
lasted for at least two years or if a child was born.
The reversionary pension is equal to half the husband's pension
if his death was due to war injuries and to one-third in other cases,
provided that it may not exceed the amount of the widow's privileged or ordinary pension which would have been due if the conditions concerning the date of the marriage had been fulfilled.
Bate of Widow's Pension.
The rates of widow's pensions are as follows : (1) widow, of a
private soldier without dependants : ordinary pension, 810 hre a
year ; privileged pension, 990 lire a year ; (2) widow of a private

88

COMPENSATION OF WAR VICTIMS

soldier with dependent children (under 14 if boys, under 16 if girls),
and a widow who is not herself capable of earning : ordinary pension,
1,380 lire a year ; privileged pension, 1,560 lire a year.
Increments for children are as follows : when the widow of a
private supports the family, her pension is increased by 200 lire
a year for the first child, 175 for the second and 150 for the third
and each subsequent child. This increment is paid until the child
reaches the age of 21 or, where the child is a girl, until her marriage,
if she marries before that age. The increment continues to be paid
in respect of children after they have reached the age of 21 if they
are wholly incapable of gainful employment.
For the widows of officers, the increment is 300 lire a year for
the first child, 275 for the second and 250 for the third and each
subsequent child.
Orphans' Pensions.
I n the event of the death of the mother, or in cases where she
is either deprived of her rights or incapable of exercising them, the
principal pension of the minor children is equal to the pension which
would have been granted to the widow herself. This pension is
paid to the orphans till they reach the age of 21. To the principal
pension thus determined is added a supplement of 150 to 300 lire
a year for each child from the second. Where no orphan exists no
increment is payable.
Allowances to Widoivs on Remarriage.
Remarriage terminates the widow's claim to pension. If, however, the new marriage is contracted within fifteen years of the
soldier's death and if there is no orphan in receipt of a pension,
the widow may claim a lump sum, determined as follows : seven
years' pension if at the date of the new marriage the widow was not
over 25 years of age ; six years' pension if she was over 25 but under
30 ; five years if she was over 30 but under 35 ; four years' pension
if she was over 35 but under 40.
If at the time of her remarriage the widow was over 40, or if
there were at that date orphans to whom the pension would revert,
the widow is entitled to a lump sum equal to three years' pension.
The widow is not entitled to any grant if she remarries after
the age of 50.
Pensions of Ascendants and Collaterals.
When a soldier dies in consequence of wounds, hurts or infirmities resulting from war, a maintenance allowance is granted to his
parents and relatives in the collateral line if they meet the conditions
enumerated below and if there is no widow or child entitled to a
pension. The allowance is granted : (a) to a father 60 years of age
or wholly incapable of earning his own living ; (¿>) to a mother,
provided she is a widow ; (c) to minor brothers or minor unmarried

89

COMPENSATION IN ITALY

sisters, when they have neither father nor mother or when the
mother has no right to an allowance.
To be entitled to an allowance, the parents or collaterals must be
deprived of all means of subsistence by the death of the member
of the forces. When the income of the parents or collaterals is merely
reduced in such a way as no longer to suffice for their maintenance,
the allowance is proportionately reduced and due account is taken
of the age, sex and state of health of the persons concerned, as well
as of the members of the family dependent upon them.
The conditions as to need do not, however, apply to parents
who have lost several sons in consequence of war.
Pate of Allowances.
The rate of allowances is in general equal to that of the pension
which would be granted to a widow incapable of earning and without
dependants, namely 990 or 810 lire a year, according as the pension
is a privileged or an ordinary pension.
The allowance is divided in equal shares between the brothers
and sisters and when it ceases to be payable to one of them the
total is consolidated for the others.
Parents or collateral relatives of a private soldier who are wholly
incapable of work and are without means of subsistence, however,
receive an allowance of 1,560 or 1,380 lire a year.
Parents who have lost more than one son as a result of war
receive the most favourable of the allowances to which they may be
entitled, plus 300 lire a year for the second son, 1,000 lire for the
third and 2,000 lire for each other son dying in consequence of war.
Allowances to Ascendants when the Widow is Pensioned.
Parents of soldiers dying in consequence of war are entitled,
where there exists a widow or children entitled to pensions, to
claim a special allowance equal to one-third of that to which they
would have been entitled had there been neither widow nor children.
The conditions as to age, state of need, etc. required to establish
the right to this allowance are the same as those required where
there are neither widow nor children.

Loss, Suspension and Deprivation of Pension

Sights

The rules laid down in regard to suspension, forfeit or deprivation of the right to pension are directed essentially at cases of
misconduct or conviction of a crime involving a prison sentence.
The war pension may be combined with any salary or other
form of remuneration paid by the State, a public establishment, or
a service assimilated thereto. I t may also be combined with a
retiring pension.
On the other hand, pensioners sentenced, in respect of offences
committed after they had become entitled to pension, to penalties

90

COMPENSATION OF WAB VICTIMS

involving lifelong prohibition to hold any public office or implying
unfitness to belong to the militia, forfeit their rights.
When the sentence involves temporary prohibition to hold
any public office, the exercise of the right to pension is suspended
for the duration of this prohibition.
A soldier's widow who engages in open prostitution, or who
has been convicted of procaring, loses her right to pension.
In the event of forfeit or suspension of the right to an invalidity
pension, imposed for offences committed later than the opening
of the right to pension, the wife and children of the soldier receive
the share of the pension or allowance to which they would have
been entitled in the event of his death.
Corresponding provisions apply to survivors. When one survivor
is sentenced to a penalty involving suspension or forfeiture of his
rights, the others (husband or wife, children or collaterals) are
treated as if the guilty pensioner were no longer living.
The right to draw a pension, allowance or compensation, which
has been forfeited under the conditions outlined above, may, even
if the forfeiture is permanent, be re-established if the convicted
person is rehabilitated.
When the exercise of the right has merely been suspended in
consequence of a sentence involving temporary prohibition to hold
any public office, the enjoyment of the pension or allowance is
resumed as soon as the person concerned has served his sentence.
The provisions governing devolution of the pension or allowance
upon the other survivors then cease to have effect. '
Finally, the invalidity pension is reduced by half when the
pensioner is serving a sentence of imprisonment for more than
one year for an offence not involving loss of his rights. If however
the pensioner is married or has children dependent on him, the
deduction from the pension amounts only to one-third, and the
rest of the sums normally due to the pensioner are paid to the wife
and children as a maintenance allowance.

COMPENSATION F O B CIVILIAN W A R VICTIMS

The compensation of civilian war victims is governed by an
Act of 18 August 1940, which amends and supplements the provisions concerning damage due to war (Decree of 27 March 1919,
ÏTo. 426) and concerning military pensions (Decree of 12 July 1923]
No. 1491).
The right to pension is opened, in virtue of the Decree of
18 August 1940, to Italian citizens who have become invalids,
and to the survivors of Italian citizens who have died, in consequence of an act of war.
When the invalidity or death results from a wound, the act
of war must have been the direct, violent and immediate cause,
of the injury.

COMPENSATION IN ITALY

91

When the invalidity or death results from sickness, this sickness
must be imputable to hardships, sufferings or ill-treatment endured
during internment in an enemy country.
The provisions concerning war pensions for soldiers apply also
to civilian victims, in so far as their application is not. contrary
to the special rules laid down for the latter.
The pensions of civilian war victims are liquidated at the rates
applicable to soldiers and their survivors and in accordance with
the scales of ordinary pensions. The allowances for grave disability,
allowances for multiple infirmities and increments to pensions
are added to the principal pension to the same extent as if the
case were one of an ex-serviceman or his survivors.
The pension is only due in its totality to the ascendants and
collaterals in so far as these are wholly without means of subsistence,
but is due in part when their means have undergone considerable
reduction.
Compensation for civilian war victims is, in principle, payable
also when the injury suffered results from an event of war at the
workplace during working hours : in other words, an industrial
accident directly imputable to hostilities. I n this case, however,
the compensation may not be combined with the benefit payable
under compulsory accident insurance, and the injured person
must make his choice between the war pension and the insurance
benefit.
Similar provisions apply to members of the crews of merchant
vessels and their survivors.