GAM v Secretary of State for Defence
| Jurisdiction | UK Non-devolved |
| Judge | Judge West |
| Neutral Citation | [2024] UKUT 10 (AAC) |
| Published date | 15 February 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
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GAM v Secretary of State for Defence
[2024] UKUT 10 (AAC)
IN THE UPPER TRIBUNAL Appeal No. UA-2023-SCO-000090-WP
(ADMINISTRATIVE APPEALS CHAMBER)
On Appeal from the First-tier Tribunal (War Pensions and Armed Forces
Compensation Chamber) PATS/S/22/0025
BETWEEN
Claimant GAM
and
Respondent THE SECRETARY OF STATE FOR DEFENCE
BEFORE UPPER TRIBUNAL JUDGE WEST
Decided after an oral hearing: 3 January 2024
DECISION
The decision of the First-tier Tribunal sitting at Edinburgh dated 11 July 2023
under file reference PATS/S/22/0025 does not involve a material error on a point
of law. The appeal against that decision is dismissed.
This decision is made under section 11 of the Tribunals, Courts and Enforcement
Act 2007.
GAM v Secretary of State for Defence [2024] UKUT 10 (AAC)
UA-2023-SCO-000090-WP
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REASONS
Introduction
1. This is an appeal, with the permission of the President of the Pensions
Appeals Tribunal for Scotland, against the decision of the First-tier Tribunal sitting
at Edinburgh on 11 July 2023.
2. I shall refer to the claimant hereafter as “the claimant”. The respondent is the
Secretary of State for Defence. I shall refer to him hereafter as “the Secretary of
State”. I shall refer to the tribunal which sat on 11 July 2023 as “the Tribunal”.
3. The claimant appealed against the decision of 20 January 2022 that his
unemployability supplement (“UnSupp”) be abated in respect of his award of
universal credit (“UC”) with effect from 9 February 2022. As set out in the decision
letter, the effect of the abatement was that the UnSupp was reduced by £79.03
per week from £119.90 to £56.37 per week. His war disablement pension and his
comfort allowance were not reduced and remained payable at £135.80 and
£15.75 per week respectively. Thus, with effect from 9 February 2022 he was to
receive £207.92 per week, comprising the war disablement pension of £135.80,
the abated UnSupp of £56.37 and the comforts allowance of £15.75.
4. The matter came before the Tribunal on 11 July 2023 when the claimant
appeared by video and gave oral evidence. A presenting officer (Mr Ferguson)
also appeared by video on behalf of the Secretary of State. The appeal was
refused and the decision of the Secretary of State upheld.
The Statement of Reasons
5. In its statement of reasons dated 21 July 2023 the Tribunal stated that
“6. Article 41 of the Naval, Military and Air Forces
(Disablement and Death) SPO 2006 applies and governs
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