The hearing

You will receive a Notice of Hearing from the Pensions Appeal Office at least 10 days before the date fixed for your hearing.

You will find the atmosphere at the Tribunal informal and you will have a good opportunity to state your case. The Tribunal will see that you get a fair hearing. You should do your best to come.

You may find it helpful to make notes about the main points you want to tell the Tribunal. These notes will also help your Representative.

If you live abroad

The Tribunal will normally take place without you. If you want to be there, write to the Pensions Appeal Office in London. In some circumstances, they may postpone the hearing until you visit the United Kingdom. You are not entitled to travelling expenses for travel outside the United Kingdom.

Arriving at the Tribunal

When you arrive at the Tribunal, the Clerk to the Tribunal will meet you. The Clerk is there to help the Tribunal run smoothly. If you have any questions you should ask the Clerk.

The Clerk will deal with your claim for expenses and will also explain how the Tribunal hearing room is set out.

If you have a Representative, you will normally have access to a separate room where you can speak privately.

You will be asked to go into the room where the Tribunal is meeting. Your Representative will go with you. You will meet the Members of the Tribunal. The Clerk will probably also be in the room but will not take part in your Appeal.

All parties go into the room together. When you go into the hearing room, the person representing the Veterans´ Agency will also be there. The Veterans´ Agency Representative is at the Tribunal to help with the facts of the case. They have a duty to see that all relevant information is available to the Tribunal.

The Tribunal tries to be informal. You will be sitting next to your Representative, normally at an ordinary table. Facing you will be the Tribunal.

At the hearing

The hearing is your opportunity to explain your case to the Tribunal. The Tribunal Chairman will introduce the Members of the Tribunal and the person representing the Veterans´ Agency. They will then explain that:

the Tribunal is an independent judicial body separate to the Veterans´ Agency;
the Members of the Tribunal have copies of the same papers that the Veterans´ Agency sent to you; and
that is all the Tribunal knows about your Appeal until you tell them your case.

The Tribunal has a duty to make sure the hearing is fair. This means you will have a proper opportunity to explain your case. It is important that you feel that the atmosphere at the hearing allows you to relax and do justice to your case.

The Tribunal´s job is to discover the facts. This means that the Tribunal Members will help and encourage you if you do not have a Representative. It also means that the Members of the Tribunal may ask questions about any aspect of your Appeal. The Tribunal may also want to discuss facts or points of law that affect the Appeal, even if those points have not been raised during the hearing.

The Chairman will usually ask the Representative of the Veterans´ Agency to confirm that originals of copied documents are available for inspection. You or your Representative will be asked to put your case.

After that, the Members of the Tribunal and the Representative of the Veterans´ Agency may want to ask you some questions about your Appeal. The Medical Member of the Tribunal may then want to medically examine you. There are facilities available for them to do this in private.

The Veterans´ Agency Representative and you or your Representative will then be asked if you have any closing comments to make. When everything has been said, the Tribunal will want to discuss the case in private.

Once it has discussed the evidence, the Tribunal will come to a decision. This will normally happen on the same day, but it may take longer if, for example, there is not enough time or your case is complex. You will receive the Tribunal´s Decision in writing.

Withdrawing your Appeal

If you decide that, you do not want to go on with your Appeal, you should write to the Pensions Appeal Office. Tell them that you want to withdraw your Appeal. Please be aware that the effect is to end the Appeal, so do not ask for withdrawal if what you want is, for instance, a delay or for the Appeal to be heard in your absence.

If you move house

If you move house after you have made your appeal, send your new address to the Pensions Appeal Office as soon as possible. If you do not, they may send the Notice about the hearing to the wrong address.

If you cannot come to the hearing

If you find out that you will not be able to come to the hearing, write to the Pensions Appeal Office immediately. You will need to return any railway warrants which have been sent to you.

If you simply do not go to the hearing without explanation, the Tribunal may decide the Appeal without you. That is why it is important to tell the Pensions Appeal Office if you cannot go and to explain why.

If you give a good reason for not going, the Tribunal may decide to put off the hearing until you can go.

Appeals left inactive

If you do not take any steps about your Appeal (for example, by not answering letters sent to you) and there is no good reason for this, your Appeal may go on the ´Deferred List´. This means that no action will be taken on the Appeal.

Witnesses

Medical witnesses

If you have decided to call a medical witness to give evidence at the hearing, the following Rules apply to their expenses.

You must make the claim for their expenses.

The Chairman or the President of the Tribunal must have provided a certificate to say that a witness was needed at your Appeal. Without this certificate, the Tribunal will not pay the expenses. You will not always get a certificate because a medical witness attends. You can apply for a certificate before the hearing if you want.

The expenses must relate only to your case. This means that the witness will need to provide a detailed statement showing their fees and other expenses for acting as your witness.

There is a limit to the amount of expenses available for medical witnesses to claim.

Other witnesses

You may decide to call other witnesses to give evidence at your hearing. If so, those witnesses will be entitled to claim travelling expenses, a living allowance and loss of earnings in the same way as you.

However, they can only claim expenses if the Chairman or President of the Tribunal provides a certificate to show that they need to be at the hearing. You should apply for this certificate as soon as you have a date for the hearing. You will need to explain why you want each witness to give evidence.

Bringing someone to help you at the Tribunal

You can come to your Appeal by yourself. Or you may prefer to ask someone to help you or to represent you. If you appoint someone as your Representative, they will have all the rights and powers which you are entitled to. For example, they can call witnesses or question witnesses.

The Royal British Legion will act for Officers, other ranks and their widows for all branches of the Armed Forces free of charge. You do not need to be a Member. The Royal Air Forces Association will act for officers and all ranks and their widows and widowers of the RAF, free of charge.

Other ex-service organisations also provide free representation. Those representing regularly at Tribunals include:

Combat Stress
British Limbless Ex-Service Men´s Association
National Gulf Veterans & Families Association
Soldiers, Sailors and Air Force Association

If you need someone to represent you, get in touch as soon as possible with the organisation or person you want to help you. They can then prepare your case in good time for the hearing. You should also tell the Veterans´ Agency that you have a Representative. The Agency will send a copy of the Statement of Case to your Representative.

Please remember that you will have to pay any fees or expenses for your Representative yourself.

If you need a travelling companion to get to the hearing

If you are not well enough to travel alone to the Tribunal, write to the Pensions Appeal Office as soon as you receive Notice of the Hearing. You will need to send a note from your doctor which supports what you say.

The Pensions Appeal Office will then send a railway warrant for you and your travelling companion.

Travelling to the Hearing

The Pensions Appeal Office will send you a railway warrant if you need one. You are also entitled to any other travelling expenses which you reasonably need to pay to get to the hearing.

However, if you need to use a taxi or hire car, the Pensions Appeal Office must agree to this in advance. You must provide a doctor´s certificate if you wish to use a taxi or hire car. You will need to provide at least two quotes of how much it will cost. If you do not do this, you may not get these costs back.

Travelling from Overseas

If you are travelling to a hearing from outside the United Kingdom, you are only entitled to travelling expenses within the United Kingdom. You will need to provide receipts with your claim. Please remember that the United Kingdom does not include the Isle of Man or the Channel Islands.

Expenses

Travelling expenses

If you want to claim expenses, you will need to provide receipts with your claim. When you go to the hearing, speak to the Clerk about your travelling expenses.

Living expenses

You will be entitled to an allowance for living expenses based on the time you spend away from home. If you believe that you will need to stay overnight before or after the hearing, write to the Pensions Appeal Office before the hearing and ask for approval.

The Pensions Appeal Office will not agree to pay for your overnight stay unless it is absolutely necessary. If you do not apply to the Pensions Appeal Office to get approval for an overnight stay, you may have to pay the cost yourself.

Loss of earnings

If your Appeal is successful (and in some other cases), you may be entitled to compensation for loss of your earnings while you were at the hearing. To apply for loss of earnings you should contact the Clerk to the Pensions Appeal Office. You must provide details of your employment with your application.

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