JOC v Secretary of State for Defence (Armed Forced Compensation Scheme): [2022] UKUT 208 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge West on 18 July 2022.
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Judicial Summary
Armed forces compensation – “spanning” case where service both predated and postdated 6 April 2005 – whether compensation for hearing loss under Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order (SPO) or under Armed Forces Compensation Scheme (AFCS) – Tribunal practice when dealing with spanning claims - whether valid grounds for review under Article 44 SPO – correct interpretation of Articles 5 and 42 SPO - for the purposes of article 42(8) and 42(9) “termination of service” means end of service as member of armed forces before 6 April 2005 rather than having general meaning ascribed to that phrase in paragraph 59 of Part II of Schedule 6 SPO.