||All England Reporter
|| All ER (D) 71 (Apr)
|| EWCA Civ 451
||Court of Appeal, Civil Division
Laws, Wall and Aikens LJJ
||The claimant appeared in person.
||The first defendant was not represented and did not appear.
||Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
||7 April 2009
War pension - Appeal - Pensions Appeal Tribunal - Tribunal's jurisdiction - Second defendant Secretary of State finding claimant entitled to disablement pension in respect of injuries attributable to service in RAF - Secretary of State making interim assessment of 70% - Claimant appealing - First defendant Pensions Appeal Tribunal considering how far injuries attributable to service in RAF - Tribunal reducing assessment to 30% - Claimant seeking judicial review - Whether tribunal exceeding jurisdiction - s 5(1) - Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, .
War pension Appeal. Court of Appeal, Civil Division: The court considered the jurisdiction of the Pensions Appeal Tribunal on an assessment appeal. The court held that the tribunal was not entitled to challenge the Secretary of State's decision that a particular disability was due to an injury that was attributable to service, or that a particular disability was due to an injury that existed before or during service and had been and remained aggravated by that service. All that it could do was to consider the determination that had been made by the Secretary of State of the degree of disablement due to service.
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