The fact that a military veteran has been convicted and is in prison will not normally affect their Armed Forces pension entitlement. It is something they earned whilst serving and there are only a few exceptions why their benefits may be withheld, for example those convicted of treason or certain offences under the Official Secrets Act, and those who have an outstanding financial debt to the State. However, many prisoners who are veterans will qualify to receive their Armed Forces pension benefits.
If an Armed Forces pension benefit is already in payment when an individual is imprisoned, only in an exceptional circumstance (as outlined above) will it be stopped, as it is an occupational benefit. However, it is different for a War Pension which will stop when a veteran is imprisoned, and the individual will need to apply for it to be restarted when they are released.
An Armed Forces veteran who is imprisoned and not in receipt of a pension, may still be entitled to one in the future – this is known as a preserved or deferred pension.
Whether a veteran is eligible for Armed Forces pension benefits will depend on how long they served in the Armed Forces and when, but if it was for more than two years after 6 April 1988, they will likely be entitled to pension benefits at some stage. Before that date the rules are more complicated.
How much a veteran will receive and when will depend upon the pension scheme they belonged to when they were serving in the military.
You can download our factsheet here: Veterans in the Justice Sysem
