Pensions Appeal Tribunal Scotland

Appeals Process

Making an Appeal

Appeals are started by the appellant obtaining a 'Notice of Appeal' form. A copy of this form is available here: /sites/default/files/Notice%20of%20Appeal%20form.pdf. The 'Notice of Appeal' form should be returned to the Veterans Agency, which is a separate organisation from Pensions Appeal Tribunal. The 'Notice of Appeal' form explains the information needed to make an appeal. Once this form is completed and returned to the Veterans Agency, the Veterans Agency will prepare a collection of papers known as the "Statement of Case" and send a copy of these to the appellant, the appellant's representative (if one has been appointed) and to the Pensions Appeal Tribunal office in Edinburgh.

SPO Claims

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.

AFCS Claims

These are claims for injury arising after 6th April 2005. The questions for decision are whether the injury is caused or by make worse by service and if so the correct tariff to apply.

Supplementary Allowance

In a supplementary allowance appeal, the main question is whether the conditions needed for a supplementary allowance have been met.

Procedure

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 proceed.

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.

Further Appeal

If the appellant's Entitlement or Assessment appeal is unsuccessful, they have the right to appeal - on a Point of Law - by making an application for Leave to Appeal to the Tribunal. If that application for leave is unsuccessful, the appellant may seek leave to appeal from the Upper Tribunal.

The Upper Tribunal is the body which hears appeals from the Pensions Appeal Tribunal on a point of law.

If the appellant considers their condition has worsened, they may ask the Veterans Agency to review their assessment of their condition. That decision may give fresh rights of appeal.