Appeals Process

 

Making an Appeal

Appeals are started by the appellant obtaining a 'Notice of Appeal' form. The form explains the information needed to make an appeal.

From 1st January 2018 this appeal form should be sent to:

The Pensions Appeal Tribunal Scotland, 126 George Street, Edinburgh, EH2 4HH

Once this form is completed and returned, the Pensions Appeal Tribunal Scotland will ask Veterans UK to prepare a collection of papers known as the "Statement of Case" (please note that it can It can take 6 months or longer for Veterans UK to do this). Once the Statement of Case is prepared, Veterans UK will then send a copy of this to the appellant, the appellant's representative (if one has been appointed) and to the Pensions Appeal Tribunal Scotland office in Edinburgh. The Pensions Appeal Tribunal will then aim to list the appeal for a hearing within 3 to 4 months of receiving the Statement of Case.

War Pension Scheme(WPS) 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 UK 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 Pensions Appeal Tribunal Scotland that they wish to appeal against their decision. Veterans UK are then asked to prepare a Statement of Case which contains the reasons for their decision and evidence relating to the appeal. The Statement of Case is then sent to the Appellant (who is given 28 days to comment thereon), any representative and the Pensions Appeal Tribunal Scotland office so that the appeal can proceed.

The Tribunal office aim to list the appeal for a hearing within three months of receiving the Statement of Case from Veterans UK.

Once an appeal has been heard and dealt with, the Pensions Appeal Tribunal Scotland has nothing further to do with the case, unless the appellant wishes to appeal against the decision to the Upper Tribunal.

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 Scotland on a point of law.

If the appellant's is dissatisfied with the result of the appeal, they have the right to appeal to the Upper Tribunal - on a Point of Law - by making an application for Leave to Appeal to the Pensions Appeal Tribunal Scotland for permission. If that application for leave is unsuccessful, the appellant may seek leave to appeal from the Upper Tribunal directly.