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War Pensions and Armed Forces Compensation: Law and Practice

War Pensions and Armed Forces Compensation: Law and Practice

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854901906
  • 出版时间 September 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    With a foreword by Sir Ernest Ryder, Senior President of Tribunals </p> <p. War pensions law contains a number of unique features, in particular, the onus on the Secretary of State to disprove entitlement to benefit beyond reasonable doubt. Although the war pensions scheme has now been replaced by the armed forces compensation scheme, claims continue to be made under it in respect of new conditions and in respect of deterioration in the condition of claimants already in receipt of awards.</p> <p> The armed forces compensation scheme, which was introduced in 2005, proved controversial, particularly against the background of the very serious injuries sustained by members of the armed forces serving in Afghanistan, and was substantially amended in 2011 as a result of a review of the Scheme carried out under the chairmanship of Lord Boyce.<p> <p> This book is written by an acknowledged expert in the field and provides for the first time an indispensable reference work covering all aspects of war pensions and armed forces compensation law and practice. The book traces the history of both schemes and provides a detailed commentary on 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), the Pensions Appeal Tribunals (in Scotland and Northern Ireland), and the Upper Tribunal.<p> <p> <i>War Pensions and Armed Forces Compensation: Law and Practice</i> 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 designed also to be a practical and accessible guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals.</p>

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    Student Edition ISBN 不可用
    Previous edition isbn 不可用
    Hardback edition isbn 不可用
    Paperback edition ISBN 不可用
  • Foreword
    Preface
    Table of Court and Nominated Judges’ Decisions
    Table of Commissioners’ and Upper Tribunal Decisions
    Table of Statutes
    Table of Statutory Instruments
    Glossary
    <br>
    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
    <br>
    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
    <br>
    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
    <br>
    APPENDICES
    Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) – Disablement Due to Service in the Armed Forces
    <br>
    Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) – Death Due to Service in the Armed Forces
    <br>
    Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended) – The Tariff and Supplementary Awards

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