War Pensions and Armed Forces Compensation: Law and Practice

War pensions law some contains a number of unique features, in particular, the onus on the Secretary of State to disprove entitlement to benefit beyond reasonable doubt. Although the war pensions scheme has now been replaced by the armed forces compensation scheme, claims continue to be made under it in respect of new conditions and in respect of deterioration in the condition of claimants already in receipt of awards. The armed forces compensation scheme, which was introduced in 2005, proved controversial, particularly against the background of the very serious injuries sustained by members of the armed forces serving in Afghanistan, and was substantially amended in 2011 as a result of a review of the Scheme carried out under the chairmanship of Lord Boyce. This book is written by an acknowledged expert in the field and provides for the first time an indispensable reference work covering all aspects of war pensions and armed forces compensation law and practice. The book traces the history of both schemes and provides a detailed commentary on the provisions of the Service Pensions Order 2006 and of the Armed Forces Compensation Scheme 2011, as interpreted by the nominated judges and by the judges of the Upper Tribunal and the appellate courts. The book covers the procedure for making a claim, bringing an appeal, and practice and procedure before the First-tier Tribunal (in England and Wales), the Pensions Appeal Tribunals (in Scotland and Northern Ireland), and the Upper Tribunal. War Pensions and Armed Forces Compensation: Law and Practice is an authoritative and comprehensive analysis of the legal principles underlying entitlement to compensation for those injured or killed in the service of their country. It is designed also to be a practical and accessible guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals.

Foreword Preface Table of Court and Nominated Judges' Decisions Table of Commissioners' and Upper Tribunal Decisions Table of Statutes Table of Statutory Instruments Glossary PART I - WAR PENSIONS 1 War Pensions - A Historical Introduction 2 Claiming a War Pension 3 Entitlement to War Pension - General Principles 4 Claims for Disablement or Death within 7 Years of Termination of Service - Article 40 of the SPO 2006 5 Claims for Disablement or Death more than 7 Years after Termination of Service - Article 41 of the SPO 2006 6 Review of War Pensions Decisions and Awards 7 Commencing Dates of Awards 8 The Basic Award and the Assessment of Disablement 9 Other Awards in Respect of Disablement 10 Awards in Respect of Death 11 Reduction and Cancellation of Awards PART II - ARMED FORCES COMPENSATION 12 The Armed Forces Compensation Scheme 13 Claiming Armed Forces Compensation 14 Entitlement to Armed Forces Compensation - General Principles 15 Exclusions from Entitlement 16 Adjudication 17 Review of Armed Forces Compensation Scheme Decisions 18 Injury Benefits - The Tariff 19 Injury Benefits 20 Death Benefits 21 Adjustment and Cessation of Benefit 22 Modifications for Reserve Forces PART III - ADMINISTRATION AND ADJUDICATION 23 Administration of Benefits 24 Appeal Tribunals 25 Rights of Appeal 26 Bringing an Appeal 27 Case Management 28 The Hearing 29 Powers of the Tribunal on an Appeal 30 The Decision 31 Correcting, Setting Aside and Reviewing Decisions 32 Appeals to the Upper Tribunal 33 Appeals to the Northern Ireland Pensions Appeal Commissioners APPENDICES Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) - Disablement Due to Service in the Armed Forces Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) - Death Due to Service in the Armed Forces Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended) - The Tariff and Supplementary Awards