War Pensions and Armed Forces Compensation. Law and Practice - 2nd Edition
- Publisher:
- Wildy Simmonds & Hill
- Publication date:
- 2022-08-30
- Authors:
- Andrew Bano
- ISBN:
- 9780854902897
Description:
'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. 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.
Part I. War Pensions
- Preliminary Sections
- Preface to the Second Edition
- Addendum - Armed Forces Bill 2021
- 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
- Table of Warrants and Orders in Council
- Table of Other Materials
- Citation of Cases
- 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
- Awards in Respect of Death
- Reduction and Cancellation of Awards
Part II. Armed Forces Compensation
- The Armed Forces Compensation Scheme
- Claiming Armed Forces Compensation
- Entitlement to Armed Forces Compensation - General Principles
- Exclusions from Entitlement
- Adjudication
- Review of Armed Forces Compensation Scheme Decisions
- Injury Benefits - The Tariff
- Injury Benefits
- Death Benefits
- Adjustment and Cessation of Benefit
- Modifications for Reserve Forces
Part III. Administration and Adjudication
Appendices
- Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended)
- Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended)
- Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended)
- Index