Description
Book SynopsisThis book 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 also a practical and accessible guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals.
Trade Review 'This is an excellent publication and it should be close at hand for any practitioner advising personnel in personal injury, employment and occupational claims.' From review of second edition in Law Society Gazette.
Table of ContentsPreface 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