Overview

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.

Full Product Details

Author:   Andrew Bano
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
Edition:   2nd Revised edition
Dimensions:   Width: 15.20cm , Height: 2.90cm , Length: 22.90cm
Weight:   0.754kg
ISBN:  

9780854902897

ISBN 10:   0854902899
Pages:   436
Publication Date:   31 January 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of 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

Reviews

'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.

Author Information

Andrew Bano was a visiting Judge of the Upper Tribunal (2013-2019), Social Security Commissioner (2000-2013) and President of the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal between 2009 and 2012.

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