War Pensions and Armed Forces Compensation: Law and Practice 3rd ed

Name: War Pensions and Armed Forces Compensation: Law and Practice 3rd ed
Brand: Wildy, Simmonds and Hill Publishing
SKU: 9780854903160
Price: 1625.00 HKD
Availability: PreOrder
Author: Andrew Bano
ISBN: 9780854903160

By Andrew Bano

Coming Soon Wildy, Simmonds and Hill Publishing Available January 2027

Specifications

ISBN-13: 9780854903160
Publisher: Wildy, Simmonds and Hill Publishing
Publication: January 2027
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Since the first edition was published in 2016, War Pensions and Armed Forces Compensation: Law and Practice has established itself as the definitive guide to one of the most specialised areas of UK law, providing 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 also deals with the practice and procedure for making a claim and for bringing an appeal before the First-tier Tribunal (in England and Wales) or Pensions Appeal Tribunals (in Scotland and Northern Ireland), together with guidance on appeals to the Upper Tribunal.

This third edition includes coverage of almost thirty new Upper Tribunal decisions and the recent case of Pearson v Secretary of State for Defence [2024] EWCA Civ 150. It also deals with important procedural developments since the publication of the last edition; including relaxation of the requirements for establishing mental disorders in the armed forces compensation scheme, direct lodgement of appeals in England and Wales, legislative changes relating to late appeals, new Presidential guidance on making applications to the First-tier Tribunal, and on the giving of evidence from witnesses abroad and guidance from the Senior President of Tribunals on reasons for decisions.

An essential reference for judges, tribunal members, legal practitioners, service charities, and advice agencies, 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 Third 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: The scope of the War Pensions Scheme; Making a Service Pensions Order claim; When a claim is not required; What a claim covers; Date of claim; Receipt of claim or enquiry about claiming benefit; Date of claim for additional benefits; ‘Deemed’ claim on medical discharge; Scope of ‘deemed’ claim; Withdrawal of claims; Power to treat claims as withdrawn; Withdrawal by claimant; 3.
Entitlement to War Pension – General Principles: Disablement or death ‘due to service’; Initial burden on the claimant – the Royston principle; ‘Disablement’ and ‘injury’; Diagnostic labelling; ‘Attributable to service’; Meaning of ‘attributable to service’; Service cause; Injury due to more than one cause; Self-harm; Bullying; Medical treatment; Injury aggravated by service; Difference between injury ‘attributable to’ and injury ‘aggravated by’ service; Injury aggravated by service – duration of award; Death due to or hastened by service; No note in official records; Overlapping award under the Armed Forces Compensation Scheme; 4.
Claims for Disablement or Death within 7 Years of Termination of Service – Article 40 of the SPO 2006: Article 40 burden and standard of proof; Injury not noted on entry medical; Article 40 onus of proof; Diseases of unknown aetiology; Claims by members of the Reserve or Auxiliary Forces; 5.
Claims for Disablement or Death more than 7 Years after Termination of Service – Article 41 of the SPO 2006: Article 41 burden and standard of proof; ‘Reliable evidence’; Difference in medical opinion; Article 41 – the overall approach; 6.
Review of War Pensions Decisions and Awards: Review in the War Pensions Scheme; Review of decisions and assessments; Review of awards; Meaning of ‘award’; Grounds for reviewing awards; Ignorance of a material fact or mistake of fact or law; Relevant change of circumstances; Revision of underlying decision or assessment; Review of decisions or assessments by tribunals; Review powers; Review – the general approach; Instigating a review; Treating a claim as a review application; Carrying out a review; Restrictions on detrimental revisions; 7.
Commencing Dates of Awards: Normal commencement date of awards; Award of pension following claim or review; Award of pension without claim; Backdating – previous discretionary powers; Official error; Contribution to error by another person; Duty to consider backdating; Exercise of the review power; ‘Officer of the Secretary of State’; Award following development of medical opinion; Claim or review application delayed by illness or disability; Delay caused by act or omission of the Secretary of State; Failure to provide information about the War Pensions Scheme; Other cases; 8.
The Basic Award and the Assessment of Disablement: The basic award; Amount of the basic award; Assessing disablement; Prescribed assessments; Assessing disablement – general principles; Interacting or overlapping disablements; Disablement due to injury aggravated by service; Hearing loss; Awards for sensorineural hearing loss and related conditions –; minimum degree of disablement; Measurement of hearing loss; Assessment of disablement in respect of noise-induced sensorineural hearing loss; Hearing loss – age-related and other non-service-related factors; Mental illness; Alcohol and tobacco; Interim and final assessments; 9.
Other Awards in Respect of Disablement: Constant attendance allowance and associated benefits; Constant attendance allowance; Entitlement and rates of allowance; Satisfying the attendance requirements; Exceptionally severe disablement allowance; Severe disablement occupational allowance; Constant attendance allowance under earlier schemes; Clothing allowance; Unemployability allowances; Additional unemployability allowances for dependants; Dependants other than children; Child dependants; Discretion to take into account state pension benefits and equivalent non-UK benefits; Invalidity allowance; Comforts allowance; Allowance for lowered standard of occupation; Entitlement and rates of allowance; ‘Regular occupation’; Restrictions on entitlement; Age allowance; Medical treatment; Mobility supplement; Conditions of entitlement; Impaired mobility; Other grounds of entitlement; Loss of payment if vehicle provided by the National Health Service; Diffuse mesothelioma lump sums; Entitlement to diffuse mesothelioma lump sum; Election to receive diffuse mesothelioma lump sum; Period for electing to receive diffuse mesothelioma lump sum; Amount of diffuse mesothelioma lump sum; Effect of diffuse mesothelioma lump sum; Repayment of diffuse mesothelioma lump sum; 10.
Awards in Respect of Death: Entitlement to death benefits; Conditions of entitlement; Surviving spouses and civil partners; Rates of pension; Basic pension; Supplementary pension; Pensions to dependants who lived as spouses and dependants who lived as; civil partners; Entitlement; Rent allowance; Entitlement; Elderly persons allowance; Entitlement; Temporary allowances; Entitlement; Duration of allowances; Temporary allowances in respect of children; Aggregation and power to vary payments; Children’s allowances; Entitlement; Orphans; Children aged 16 or over; Ineligible children of members in receipt of unemployability allowances; Relationships subsequent to the award of a pension; Forfeiture of pensions; Restoration of benefits; Abolition of forfeiture provisions; Funeral expenses; 11.
Reduction and Cancellation of Awards: Abatement; Abatement in respect of third party compensation; Ministry of Defence policy; Abatement in respect of benefits under other schemes; Pension abated by gratuity; Maintenance in hospital or other institution; Chelsea Pensioners; Social security benefits; Forfeiture; Refusal of treatment; Serious negligence or misconduct; Failure to draw pension; Suspension of benefits pending appeals; Failure to comply with request or pensioner not at last known address; Restoration of suspended benefits; Cancellation of suspended benefits; PART II - ARMED FORCES COMPENSATION; 12.
The Armed Forces Compensation Scheme: 13.
Claiming Armed Forces Compensation: Who can claim; ‘Spanning’ cases; Making a claim under the Armed Forces Compensation Scheme; Claim a condition of entitlement; When a claim is not required; Discharge on medical grounds; Death in service; Additional benefit; Time limit for bringing a claim; Claims for fast payments and medical expenses; Late onset illness; Claimant physically or mentally incapable of making claim; Withdrawal or amendment of claims; Failure to provide information or to attend medical examination; 14.
Entitlement to Armed Forces Compensation –General Principles: Causation in the Armed Forces Compensation Scheme; Injury ‘caused by service’ and ‘predominant cause’; ‘Service cause’; Pre-existing medical conditions; Predisposition; Contributing injury; Injury made worse by service; Qualifying injury; Downgrading; PULHHEEMS; ‘Continually downgraded until service ends’; ‘Worsening was the predominant cause of the downgrading’; Death caused by service; 15.
Exclusions from Entitlement: Scope of exclusions from entitlement to benefit; Travel between home and work; ‘By travel’; Home; Place of work; Exceptions to travel exclusion; Change of place of work; Travel to and from approved sporting activities; Acts of terrorism and travelling to or from emergencies; Slipping, tripping and falling; Exceptions to slipping, tripping and falling exclusion; Hazardous activities and training; Hazardous environment; Training; Acts of terrorism and emergencies; Disqualification relating to sport; Sporting activity; Approved sporting activity; Social events; Other exclusions; Service Pensions Order award; Excluded conditions; 16.
Adjudication: Burden and standard of proof; Burden of proof; Missing official records; Recognised diseases; The ‘Ophelia’ principle; Standard of proof; Evidence; Medical issues; Decisions; Lay decision making; Form of decision; Reconsideration; Exceptions; Applying for a reconsideration; Powers on reconsideration; Form of reconsideration decision; Further reconsideration applications; 17.
Review of Armed Forces Compensation Scheme Decisions: Review under the Armed Forces Compensation Scheme 2011; Finality of decisions; Service termination; Eligibility; Applying for a service termination review; Form of decision; Exceptional circumstances within 10 years; Applying for an exceptional circumstances review; Form of decision; Review of decisions after 10 years; Awards of damages; Ignorance or mistake; Review powers; Form of decision; 18.
Injury Benefits – The Tariff: The structure of the tariff; The overall approach to the tariff; Interpreting the tariff; Principles of statutory construction; The scope of the descriptors; Medical treatment; Functional limitation or restriction; Duration of effects; ‘Permanent’; ‘Persistent’; ‘Operative treatment’; Mental disorders; 19.
Injury Benefits: Types of injury benefit; Lump sum; Supplementary award; Calculating lump sum benefit; Single descriptor; Multiple descriptors – 100% Guaranteed Income Payment; Body zones; Multiple descriptors – other cases; Guaranteed Income Payment; Amount of Guaranteed Income Payment; ‘Relevant salary’; ‘Relevant factor’; ‘Relevant percentage’; More than one descriptor from same incident; Additonal injury from same incident; Injury to paired body structures; Temporary awards; Interim awards; Fast payment; Armed Forces Independence Payment; Eligibility for Armed Forces Independence Payment; Claiming Armed Forces Independence Payment; Medical expenses; 20.
Death Benefits: Types of death benefit; Survivor’s Guaranteed Income Payment; Eligibility; Surviving adult dependant; ‘Substantial and exclusive relationship’; Amount of survivor’s Guaranteed Income Payment; Bereavement grant; Eligibility; Eligible child; Amount of bereavement grant; Child’s payments; Amount of child’s payment; Recalculation of child’s payment; Adjustment of child’s payment; Three or more awards of child’s payment; 21.
Adjustment and Cessation of Benefit: Other pension benefits; Abatement for awards of damages; Exclusions; Duty to notify claim; Negligence or misconduct; Chelsea Pensioners; Suspension of benefit pending appeals by the Secretary of State; Appeal against tribunal decision; Further appeals; ‘Look-alike’ appeals; 22.
Modifications for Reserve Forces: PART III - ADMINISTRATION AND ADJUDICATION; 23.
Administration of Benefits: Decision making; Central Advisory Committee on Compensation; Veterans Advisory Pensions Committees; Independent Medical Expert Group; 24.
Appeal Tribunals: The development of the tribunal system; 25.
Rights of Appeal: The Pensions Appeal Tribunals Act 1943; Entitlement appeals; Injury claims; ‘On that ground’; Claims in respect of death; Relevant service; Appeals against entitlement review decisions; Assessment appeals; Interim assessments; Final assessments; Appeals against assessment decisions following a review; Specified decisions; Armed Forces Compensation Scheme decisions; Appeals in respect of temporary awards; Revision and lapse of appeals; 26.
Bringing an Appeal: Procedure; Form of notice of appeal; Time limits for appeals; Appeals after the absolute time limit; Posthumous appeals; Withdrawal of appeals; Statement of case; 27.
Case Management: Case management powers; Applying for directions; Non-compliance with directions; Striking out; Obtaining and using documents and other information; Commissioning of medical or other expert evidence; 28.
The Hearing: Composition of the tribunal; England and Wales; Scotland and Northern Ireland; Notice of hearing; Adjourning or postponing a hearing; ‘In absence’ hearings; Attendance and representation; Public and private hearings; Evidence; Evidence by video or telephone from persons located abroad; Medical examinations; Procedure at the hearing; Record of proceedings; Use of specialist knowledge and tribunal’s observations; Expenses and allowances; 29.
Powers of the Tribunal on an Appeal: The role of the tribunal; Limitations on the tribunal’s powers; Issues raised by the ‘appellant or the Minister’; ‘Down to the date of decision’; Previous tribunal decisions; Disadvantageous decisions; 30.
The Decision: England and Wales; Reasons; Adequacy of reasons; Scotland and Northern Ireland; Majority decisions; Consent orders; 31.
Correcting, Setting Aside and Reviewing Decisions: Correcting accidental errors; Setting aside; Review; 32.
Appeals to the Upper Tribunal: Right of appeal to the Upper Tribunal; Point of law; Applying to the First-tier or Pensions Appeal Tribunal for permission to; appeal; England and Wales; Consideration of the application; Application for permission to appeal in Scotland and in assessment; appeals in Northern Ireland; Applying to the Upper Tribunal for permission to appeal; Appealing to the Upper Tribunal; Proceedings before the Upper Tribunal; Oral hearings; Powers of the Upper Tribunal; Decisions; Correcting, setting aside and review of decisions; Onward appeals; 33.
Appeals to the Northern Ireland Pensions Appeal Commissioners: Renewing an application for leave to appeal; Appeals to the Pensions Appeal Commissioners; Procedure; Written observations; Directions; Harmful evidence; Withdrawal; Hearings; Summoning witnesses; Powers of the Pensions Appeal Commissioners; Decisions; Correction and setting aside of decisions; Onward appeals; 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