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

ISBN13: 9780854902897
Previous Edition ISBN: 9780854901906
To be Published: July 2021
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00

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.

This book is written by an acknowledged expert in the field and provides 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.

Decisions of the Upper Tribunal reported since the publication of the first edition in 2016 have considered a number of important aspects of both the war pensions and armed forces compensation schemes, including when benefit is ‘payable’ under the war pensions scheme and the meaning of ‘downgraded’, ‘hazardous environment’ and injury ‘caused’ and ‘made worse’ by service in the 2011 scheme.

The 2016 quinquennial review of the 2011 Scheme resulted in changes to the tariff awards, including a new descriptor for unemployability resulting from mental illness, and there have been substantial alterations to the scheme resulting from changes to the law on civil partnership with regard to opposite sex couples.

Social Security and Welfare Law, Pensions Law, Wildy, Simmonds and Hill
Table of Court and Nominated Judges’ Decisions
Table of Commissioners’ and Upper Tribunal Decisions
Table of Statutes
Table of Statutory Instruments

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

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

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

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