HH-T v Secretary of State for Defence (WP): [2016] UKUT 418 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 15 September 2016.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 1 December 2016

• Categories: War pensions and armed forces compensation
• Sub-categories: War pensions and armed forces compensation - war pensions – assessment, War pensions and armed forces compensation - war pensions – entitlement
• Judges: Wright, S
• Decision date: 15 September 2016

Read the full decision in CAF/3318/2012.

Judicial Summary

Spanning case - article 40(2) of SPO 2006 only applies once SofS has decided entitled to AFCS award - distinction between ‘entitlement’ and ‘assessment’ appeals - entitlement under article 40(1) of SPO 2006 is concerned with disablement presenting on claim after end of service and whether that disablement is attributable injury due to service before 06.04.05 - where entitlement accepted, percentage assessment of disablement can, however, be nil.

Published 1 December 2016