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War Pensions and Armed Forces Compensation: Law and Practice

War Pensions and Armed Forces Compensation: Law and Practice

Author: Andrew Bano
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854901906
Published In: September 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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With a foreword by Sir Ernest Ryder, Senior President of Tribunals <p. War pensions law 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 Although the war pensions scheme has now been replaced by the armed forces compensation scheme, claims continue to be made under it in respect of new conditions and in respect of deterioration in the condition of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

War Pensions – A Historical Introduction

Claiming a War Pension

Entitlement to War Pension – General Principles

Claims for Disablement or Death within 7 Years of Termination of Service

– Article 40 of the SPO 2006

Claims for Disablement or Death more than 7 Years after Termination of Service – Article 41 of the SPO 2006

Review of War Pensions Decisions and Awards

Commencing Dates of Awards

The Basic Award and the Assessment of Disablement

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