War Pensions and Armed Forces Compensation: Law and Practice

Andrew Bano (Autor)

Buch | Hardcover

436 Seiten

2022 | 2nd Revised edition
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-289-7 (ISBN)

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This 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.

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.

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.

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
1War Pensions – A Historical Introduction
2Claiming a War Pension
3Entitlement to War Pension – General Principles
4Claims for Disablement or Death within 7 Years of Termination of Service – Article 40 of the SPO 2006
5Claims for Disablement or Death more than 7 Years after Termination of Service – Article 41 of the SPO 2006
6Review of War Pensions Decisions and Awards
7Commencing Dates of Awards
8The Basic Award and the Assessment of Disablement
9Other Awards in Respect of Disablement
10Awards in Respect of Death
11Reduction and Cancellation of Awards
PART II
ARMED FORCES COMPENSATION
12The Armed Forces Compensation Scheme
13Claiming Armed Forces Compensation
14Entitlement to Armed Forces Compensation – General Principles
15Exclusions from Entitlement
16Adjudication
17Review of Armed Forces Compensation Scheme Decisions
18Injury Benefits – The Tariff
19Injury Benefits
20Death Benefits
21Adjustment and Cessation of Benefit
22Modifications for Reserve Forces
PART III
ADMINISTRATION AND ADJUDICATION
23Administration of Benefits
24Appeal Tribunals
25Rights of Appeal
26Bringing an Appeal
27Case Management
28The Hearing
29Powers of the Tribunal on an Appeal
30The Decision
31Correcting, Setting Aside and Reviewing Decisions
32Appeals to the Upper Tribunal
33Appeals to the Northern Ireland Pensions Appeal Commissioners
APPENDICES
1Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended)
2Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended)
3Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended)

Index

Erscheinungsdatum	01.09.2020
Verlagsort	London
Sprache	englisch
Maße	152 x 229 mm
Gewicht	754 g
Themenwelt	Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht
	Sozialwissenschaften ► Politik / Verwaltung
ISBN-10	0-85490-289-9 / 0854902899
ISBN-13	978-0-85490-289-7 / 9780854902897
Zustand	Neuware