MH v Secretary of State for Defence (WP) : [2024] UKUT 241 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 7 August 2024
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War Pensions – interim assessment of disablement decision and removal of war pensions mobility supplement (WPMS) decision - the Upper Tribunal holds that the FTT erred in law (in the first appeal before it) in reducing an assessment of disablement from 60% to 40% on an appeal by the armed services member when it was no part of the service member’s or the Secretary of State’s case on the appeal that a lower assessment was merited – section 5B(a) of the Pensions Appeal Tribunals Act 1943 considered and when an issue arises on the appeal - the Upper Tribunal further holds that the FTT erred in law (in the second appeal before it) by not identifying and applying the correct ground for revision under Article 44 of the Service Pensions Order 2006 of a decision that had awarded the appellant the WPMS