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


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



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.

Subjects:
Charities, Social Security and Welfare Law, Pensions Law, Wildy, Simmonds and Hill, Judiciary
Contents:
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