War Pensions and Armed Forces Compensation

Law and Practice
Erscheinungsjahr 2016
ISBN: 978-0-85490-190-6
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 390 Seiten, Format (B × H): 250 mm x 161 mm, Gewicht: 690 g

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 Although the war pensions scheme has now been replaced by the armed forces compensation scheme, claims continue to be made under it in respect of new conditions and in respect of deterioration in the condition of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.

Zielgruppe

Judiciary, legal practitioners, advice agencies, and service charities

Autoren/Hrsg.

Bano, Andrew

Weitere Mitwirkende

Ryder, Ernest

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Bano, Andrew
Andrew Bano is a visiting judge of the Upper Tribunal and a former president of the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal.