In this section

Forms and Guidance

Forms

These forms will be sent to you by the Tribunal when appropriate. They are listed here for guidance.

Types of appeal

Entitlement
In an entitlement appeal, the question is whether the disablement or death was either caused by or made worse by service in the Armed Forces.

Assessment
In an assessment appeal, the question for the Tribunal is whether the Service Personnel & Veterans Agency (SPVA) has accurately assessed the percentage of disablement awarded. The Tribunal can increase, maintain or even reduce the assessment, as it sees fit.

Supplementary Allowance
In a supplementary allowance appeal, the main question is whether the conditions needed for a supplementary allowance have been met. The Tribunal can also decide on the rate awarded for a supplementary allowance.

Miscellaneous
There are rights of appeal against various other decisions made by SPVA such as commencing date of awards, changes in rates, withholding of pension or recoveries of pension etc. For example, the Tribunal could be asked if the commencing date of an award of a war pension was correct.

Mercantile Mariners and Civilians
There are similar rights of appeal against entitlement, assessment and supplementary allowance for claimants to war disablement pension for mercantile mariners and civilians.

Armed Forces Compensation Scheme
The AFCS is a scheme which applies for an injury occurring or worsening on or after 5 April 2005. Appeals under the AFCS are usually against SPVA's decision to reject a claim or against the amount payable under an award.

Making an appeal

To make an appeal you need to get an Appeal Form (PAT 1) from the SPVA. You must use this form because it explains the information you will need to provide to make an appeal. Return the form to the SPVA, who will tell the Pensions Appeal Office that an appeal has been made. Please refer to the explanatory leaflet pdf download icon (312kb) for further guidance.

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What happens next

If your appeal is under one of the War Pensions Schemes and fresh evidence becomes available, the SPVA may look at its original decision again. This is called a review.

If your appeal is against a decision under the AFCS, SPVA will automatically reconsider its decision if you have not previously asked for reconsideration.

This could mean that previously rejected claims could be accepted or your assessment increased or any other decision changed. In this case it may result in your appeal being discontinued with the agreement of the PAT, because you now have everything that you claimed.

However, SPVA will normally rely on the evidence already held, and if this is the case it will go on to prepare a collection of papers known as the Statement of Case.

This Statement will include: -

The SPVA will send a copy of this Statement to you and to your representative if you named one. They will also send copies of the Statement to the Pensions Appeal Office, which will forward copies to the Tribunal members for the hearing.

After you have made your appeal, the Veterans´ Agency will look again at its decision. This is called ´reconsideration´ or ´Reviewing´ the original decision.

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Replying to the ‘Statement of Case’

When you have received your Statement of Case you will have an opportunity to give any comments on its contents by sending a written "Answer". In the "Answer", you can explain why you disagree with the facts in the Statement.

Presenting other written evidence for your Appeal

If you have other written evidence to support your appeal it should be presented to the SPVA (rather than the Pensions Appeal Office) as soon as possible. It is best to present this before the Pensions Appeal Office has listed your appeal for a hearing. This gives SPVA the opportunity to consider it and make any response it sees fit. You may cause difficulties if you wait to present new evidence at the hearing, particularly if the evidence is complicated or voluminous. If you do this, the hearing may have to be adjourned to be heard at another date because there will not be enough time to hear your case or the SPVA may want to consider this evidence.

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Permission to appeal

If you think that the Tribunal did not apply the law correctly, you can ask for permission to appeal.

For all War Pensions appeal decisions (except Assessment appeal decisions) and for all appeals under the Armed Forces Compensation Scheme

If the Tribunal grants you permission to appeal, your appeal will be considered by a Pensions Appeal Commissioner. If you aren‘t happy with the Commissioner‘s decision, you may be able to appeal to the Court of Appeal in England and Wales, the Court of Session in Scotland or the Northern Ireland Court of Appeal.

You can ask for the Tribunal‘s permission to appeal by writing to the Pensions Appeal Office within six weeks of receiving the Tribunal‘s decision. When you ask for permission, you must explain the point of law on which you are appealing.

If you are given permission to appeal to a Pensions Appeal Commissioner

It is your responsibility to make the appeal. You should do so without delay because you have just one month between being given permission to appeal and notifying the Commissioner‘s Office of your appeal.

If you are refused permission to appeal to a Pensions Appeal Commissioner

If the Tribunal refuses you permission to appeal, you can apply direct to the Pensions Appeal Commissioner. The Tribunal‘s refusal notice will explain your rights and the steps you need to take.

Assessment appeals in the War Pensions Scheme

You cannot appeal against the Tribunal‘s decision about an Assessment appeal. The only available further remedy is ‘judicial review’.

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