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War Pensions and Armed Forces Compensation: Law and Practice 2nd Edition

War Pensions and Armed Forces Compensation: Law and Practice 2nd Edition

Author: Andrew Bano
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854902897

Previous Edition ISBN: 9780854901906
Published In: January 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

RM694.98

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 'This is an excellent publication and it should be close at hand for any practitioner advising personnel in personal injury, employment and occupational claims.' From review of second edition in Law Society Gazette.

This second edition of this authoritative work, written by a former president of the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal, takes full account of legal cases and developments since publication of the first edition. War Pensions and Armed Forces Compensation: Law and Practice is a comprehensive reference work covering all aspects of war pensions and armed forces compensation law and practice. The book provides a thorough explanation of 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) and Pensions Appeal Tribunals (in Scotland and Northern Ireland), together with guidance on bringing appeals to the Upper Tribunal.

War Pensions and Armed Forces Compensation: Law and Practice is designed to be a practical and easily understood guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals. The book also provides for the first time in the nearly one-hundred-year history of war pensions appeals a comprehensive analysis of the legal principles underlying entitlement to compensation for those injured or killed in the service of their country.

This book will also be of interest to all those interested in the development of our oldest system of welfare benefits, and in how the special position of the armed forces is reflected in the injury compensation schemes.

Preface to the Second Edition

Preface to the First Edition

Table of Court and Nominated Judges’ Decisions

Table of Commissioners’ and Upper Tribunal Decisions

Table of Statutes

Table of Statutory Instruments

Table of Practice Statements

Table of Conventions

Citation of Cases

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:

1. Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended)

2. Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended)

3. Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended)

Index

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