FA -v- Department for Social Development (CAF) (Tribunals - General) [2014] NICom 17 (11 August 2015)

FA -v- Department for Social Development (CAF) (Tribunals - General) [2014] NICom 17 (11 August 2015)

The PAT(NI) erred in law by making an award for an injury not covered by a descriptor under the AFCS 2011 and by purporting to exercise a power to make a temporary award, which is reserved to the Secretary of State. The tribunal's jurisdiction is limited to determining whether the Secretary of State's decision was rightly made on the grounds specified, not to setting descriptors or tariff levels.

Parties
Respondent: FA; Appellant: Secretary of State for Defence
Jurisdiction
Northern Ireland
Judgment Date
11 August 2015
Procedural Posture
Appeal From Pensions Appeal Tribunal (northern Ireland) on a Question of Law / Decision of Tribunal of Pensions Appeal Commissioners
Outcome
Appeal allowed; decision of PAT(NI) set aside; case remitted to Secretary of State for reconsideration.
Legal Topics
Armed Forces Compensation Scheme, Temporary Awards, Appeal Rights, Jurisdiction of Tribunals
Social Security Law Administrative Law Military Law Armed Forces Compensation Scheme Temporary Awards Appeal Rights Jurisdiction of Tribunals

Case Brief

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Parties

FA

Respondent

Secretary of State for Defence

Appellant

Procedural Posture

Appeal From Pensions Appeal Tribunal (northern Ireland) on a Question of Law / Decision of Tribunal of Pensions Appeal Commissioners

Legal Issues

  1. 1 Whether the Pensions Appeal Tribunal (NI) erred in law by making an award for an injury not covered by a descriptor under the AFCS 2011
  2. 2 Whether the Tribunal had jurisdiction to make a temporary award under Article 26 of the AFCS 2011
  3. 3 Proper approach for tribunals in appeals concerning refusal or silence on temporary awards

Ratio Decidendi

The PAT(NI) erred in law by making an award for an injury not covered by a descriptor under the AFCS 2011 and by purporting to exercise a power to make a temporary award, which is reserved to the Secretary of State. The tribunal's jurisdiction is limited to determining whether the Secretary of State's decision was rightly made on the grounds specified, not to setting descriptors or tariff levels.

Court Disposition

Appeal allowed; decision of PAT(NI) set aside; case remitted to Secretary of State for reconsideration.

Orders

  • The decision of the Pensions Appeal Tribunal for Northern Ireland dated 19 April 2012 is set aside.
  • The respondent’s appeal against the decision of 10 February 2011 (as upheld on reconsideration on 15 February 2012) is allowed on the basis that the decision was not rightly made.