Index

Page 353

Index

References are to page numbers. AFCS and WPS refer to the Armed Forces Compensation Scheme and the War Pensions Scheme, respectively. The index entries for the overarching themes of the book are short; details are covered in entries for narrower topics.

Abatement
AFCS award
damages see under Damages negligence or misconduct, effect

187
WPS award see under Award Adjudication
burden of proof see Burden of proof decisions
form 144
lay 144
reconsideration see under Decision evidence see under Evidence
standard of proof see Standard of proof Age allowance
entitlement and rates 75
Alcohol
dependency as disease 65
injury caused by, assessment of disablement 65
Allowance
age 75
clothing 70
comforts 73
constant attendance see Constant attendance allowance
lowered standard of occupation, for see

Lowered standard of occupation allowance
medical treatment, for see Medical treatment allowance suspension pending appeals 96–7

unemployability see Unemployability allowance

Appeal
assessment see Assessment appeal case management see Case management

decision see under Tribunal disadvantageous decisions, power to make 253–5
England and Wales, in
absolute time limit, appeal after 221 form of notice of appeal 218–19 jurisdiction 202
late appeal 220–1
notice of appeal 217, 218 posthumous appeal 221–2 statement of case 223–4, 226
time limits 219–21
transfer to Northern Ireland or

Scotland 217
withdrawal 222–3
entitlement see Entitlement appeal hearing see Hearing
lapse 215
limitations on powers
down to date of decision 251–3 generally 250
issues raised by appeal 250–1 statutory provision 250
Northern Ireland, in
absolute time limit, appeal after 221 form of notice of appeal 219

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354 War Pensions and Armed Forces Compensation – Law and Practice

Appeal (continued)
Northern Ireland, in (continued) jurisdiction 203
lapsed appeals 215
notice of appeal 217, 218
on behalf of others 218
Pensions Appeal Commissioners, to see Pensions Appeal Commissioners, to below

posthumous appeal 222 statement of case 225, 226
time limits 219–20
Upper Tribunal, to 202, 203 withdrawal 222
Pensions Appeal Commissioners, to decision
appeal from 284
correction and setting aside 284 generally 283–4
legislation as to 283–4
oral 284
reasons for 284
generally 202, 279
hearing
decision see decision above failure to attend 282
notice of time and place 282 parties’ powers at 282
public nature 282
regulations as to 282 representation 282
video-link, etc., by 282
with or without 282
witnesses, summoning 283 legislation governing 279
notice in writing
contents 280
documents to accompany 280 time for sending 281
validity 281
onward appeal 284
powers of Commissioners 283 procedure
directions 281
harmful evidence 281–3 hearing see hearing above

withdrawal of application for leave

282
written observations 281 renewal of application for leave to appeal 279–80
Pensions Appeal Tribunals Act 1943, under
dispensing instrument, decision made under 205
entitlement appeal see Entitlement appeal
posthumous appeal 221
procedure
absolute time limit, appeal after

221–2
generally 217–18
time limits 219–21
structure of provisions 205 review, against decision to carry out

209
revision of decision under appeal 215 Scotland, in
absolute time limit, appeal after

221
form of notice of appeal 219 jurisdiction 202–3
notice of appeal 217–18
on behalf of others 218 posthumous appeal 222 statement of case 224–5, 226 time limits 219–20
Upper Tribunal, to 202–3 withdrawal 222–3
Secretary of State, by, suspension of benefit pending
further appeals 188–9 look-a-like appeals 189 tribunal decision, against 188 specified decisions, against

AFCS decision 213–14
right to be notified about 212 specified decision: meaning 212–

13
temporary awards 214 statement of case 223–6 temporary award 214

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Upper Tribunal, to see under Upper

Tribunal
withdrawal 222–3
Armed Forces Compensation Scheme adjudication
burden of proof see under Burden of proof
evidence see under Evidence standard of proof 142
AFCS 2011, effect 105–6 Afghanistan, serious injuries sustained in 104
Boyce Review, recommendations generally 104–5, 110 implementation 105, 106 bullying 119–20
burden of proof see under Burden of proof
causation

‘but for’ cause 121–2 claimant’s personal or domestic sphere, events in 120 contributing injury 123–4 exceptions to article 8, relevance

121
judicial analysis 118–20 predominant cause, service as 117–

20
pre-existing medical condition see pre-existing medical condition below
principles 120–1
process cause as service cause 119 road accident 121
service, due to
abstract nature of concept 119 attributable to service: meaning

120
‘but for’ cause 121–2
correct approach 119 generally 117–22
matters for consideration 119–

20
mental disorder 120 principles 120–1
service cause, interpretation

120–22

claim
amendment 115
applicable injuries, etc. 109 entitlement, as condition of 111–12 exclusion of entitlement, where 111 facts to be determined 111
failure to attend medical examination, effect 115–16

failure to provide information, effect

115, 116
not required, where
additional benefit, for 113
death in service 112–13 discharge on medical grounds 112 persons able to 109
‘spanning’ cases 109–11
time limit

AFCS 2011, under 113 assessment of injury, time for

113
extension 114
fast payments, for 114 generally 109, 113–14
late onset illness 114–15 medical expenses, where 114 physically or mentally incapable claimant 115
war pension claim, and amendments to prevent dual claim

110–11
dual claim 110
whether more appropriate 109–

11
withdrawal 115
concerns about new proposals 103–4 construction without reference to other schemes 120
consultation paper 101 contributing injury 123–4
core principles 102
criticisms of early approach 104 damages award, review 153
death benefits see Death benefits

(AFCS)
death caused by service 117, 128 decision
form 145

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356 War Pensions and Armed Forces Compensation – Law and Practice

Armed Forces Compensation Scheme
(continued)
decision (continued)
lay 144
reconsideration see under Decision review see Review of Armed Forces

Compensation Scheme decision Defence Select Committee report 101 depression 118–19
diving accident, off-duty 118 downgrading
condition of entitlement, as 126 continual until end of service 124,

127
generally 126
injury during service but not caused by service 124
Medical Employability Standards, use 126
PULHHEEMS system 126–7 service after 6 April 2005, injury worsened by 124
time limits 126
worsening as predominant cause

128
entitlement to
balance of probabilities 117 causation see causation above
death caused by service 117, 128 exclusions from see exclusions from entitlement below
generally 117
injury made worse by see injury made worse by service below onus on claimant 117
service as predominant cause 117 evidence see under Evidence exclusions from entitlement declaratory nature 129
excluded conditions 137–8 exogenous infection, claimant with

138
judicial criticism of provisions 129 scope under AFCS provisions 129–

130
Service Pensions Order Award, claimant in receipt of 137

slipping, tripping and falling emergencies 135
generally 129, 132–3 hazardous activities and training

133
hazardous environment 133–4 ice, slipping on 134
terrorist acts 135
training, where 134
social events 129, 136–7
sports
approved sporting activity, where

136
emergency, attendance at 135 generally 129, 135
sporting activity distinguished

135–6
terrorist acts 135
warlike activities 135
travel between home and work approved sporting activities, travel to and from 132
‘by travel’ test 130–1
change of place of work 131–2 emergencies, travel to or from 132 exceptions 131–2
generally 129
home: meaning 131
legislative provision 130
place of work: meaning 131 process cause of harm, need to identify 130
terrorist acts 132
whether claimant no longer travelling 131
hit-and-run accident 118 Independent Medical Expert Group

Quinquennial Review, response to

106
recommendations, incorporation

105, 107
injury
benefits see Injury benefits (AFCS) compensation for, method of determining 155
made worse by service see injury made worse by service below

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meaning 117
tariff see Tariff (AFCS) injury made worse by service

DBS Veterans UK, consideration by

125
downgrading see downgrading above generally 124–5
limited circumstances 124 original injury not caused by post-6

April service 124
qualifying injury 125
service after 6 April 2005 124 introduction 101
Joint Compensation Review, recommendations 101–2
key features 102–3
mental disorder 120
Ministry of Defence appeal in Duncan and McWilliams
criticism 104
response to judgment 105
‘no fault’ nature 117, 120 pre-existing medical condition constitutional vulnerability 122 Independent Medical Expert Group’s view 122
predisposition 122–3
Upper Tribunal’s analysis 122–3 Quinquennial Review
conclusions 106
Government’s response 107 Independent Medical Expert Group’s response to 106–7 ‘permanent’, need for guidance on meaning 162 recommendations 106
remit 106
Reserve Forces, modifications for 191 review 105
road accident 121
service
death caused by 117, 128
injury made worse by see injury made worse by service above meaning 117
predominant cause of injury, as 117

Service Pensions Order, overlapping award under 25

Armed Forces Independence Payment arrears, payment in 175
claim 176
deductions 176
eligibility 176
generally 175
introduction 175
payment frequency 175
purpose 175
rate 175

Assessment appeal
final 210–12
interim assessment 209–10
review, assessment decision following

212
Award
abatement
amount, judicial approach 92–3 benefits under other schemes, as to

94
compensation: meaning 91–2 complicated nature of process 92 failure to recover compensation, where 91
gratuity, pension abated by 94 Ministry of Defence policy, judicial...