The Pensions Appeal Tribunals hear appeals from ex-servicemen or women who have had their claims for a War Pension rejected by the Secretary of State for Defence. The Tribunals' jurisdiction covers Scotland (England & Wales and Northern Ireland have their own Tribunals), and they are independent from the Veterans Agency.
The Tribunals have been set up in their present form since 1943 although they have been in existence, as part of the Lord President of the Court of Session's responsibility since the War Pensions Act 1919.
The Tribunals are headed by a President who is legally qualified and supported by a panel of part-time Legal Chairmen, Medical Members and Service Members.
The Pensions Appeal Tribunals are completely independent from the Veterans Agency. We can deal with appeals about:
In an entitlement appeal, the main question is whether the disablement or death is a result of service in the armed forces. (War pensions also apply to the Mercantile Marine and Civilians in some circumstances).
In an assessment appeal, the question for the Tribunal is whether or not the Veterans Agency have accurately assessed the percentage of disablement awarded.
In a supplementary allowance appeal, the main question is whether the conditions needed for a supplementary allowance have been met.
The Tribunal's hearings are kept as informal as possible and the Appellant is usually represented, free of charge, by one of the service organisations such as the Royal British Legion or Royal Air Force Association. The Secretary of State is represented by one of his civil servants.
The appeal process begins with the appellant informing the Veterans Agency that they wish to appeal against their decision. The Veterans Agency then prepare a Statement of Case which is sent to the Appellant, who is given 28 days to comment thereon. This period can be extended in exceptional circumstances, on application to the President. The appeal papers are then issued to the Appellant, any representative and the Pensions Appeal Office, so that the appeal can be issued.
Once an appeal has been dealt with, the Pensions Appeal Tribunals have nothing further to do with the case, unless the appellant wishes to appeal against the decision.
If the appellant's Entitlement appeal is unsuccessful, they have the right to appeal - on a Point of Law - by making an application for Leave to Appeal to the High Court.
If the appellant's Assessment appeal is unsuccessful, there is no right of appeal via the Tribunal. You can either appeal to the High Court by way of Judicial Review, or ask the Veterans Agency to review your assessment. if you consider your condition has worsened. Their decision will give fresh rights of appeal.