Secretary of State for Defence v CAW (WP): [2023] UKUT 246 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 5 October 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 30 October 2023

• Categories: Earnings and other income, War pensions and armed forces compensation
• Sub-categories: Earnings and other income - other, War pensions and armed forces compensation - war pensions – specified decisions
• Judges: Wikeley, N
• Decision date: 5 October 2023

Read the full decision in UA-2023-000242-WP.

Judicial Summary

Claim under war pensions scheme for Allowance for Lowered Standard of Occupation (ALSO) - Article 15 of the Service Pension Order 2006 - whether the claimant’s “disablement is such as to render him incapable, and likely to remain permanently incapable, of following his regular occupation and incapable of following any other occupation with equivalent gross income which is suitable in his case taking into account his education, training and experience” - focus of Article 15 is on the individual war pensioner and their attributes, and not wider externalities such as the labour market situation.

Published 30 October 2023