asked Her Majesty's Government:
How many consolatory payments have been made by the Service Personnel and Veterans Agency to the dependants of war pensioners who have died since serving in the 1990-91 Gulf War and other recent deployments; and of what amounts. [HL811]
One consolatory payment of £500 has been made by the Service Personnel and Veterans Agency, or its predecessors, to the dependants of war pensioners who have died since serving in the 1990-91 Gulf War and other recent deployments. However records in respect of these payments are only kept from 1997 to date.
asked Her Majesty's Government:
Whether they will ensure that, in implementing the powers given in the Tribunals, Courts and Enforcement Act 2007, no change to the structure of tribunals will remove the protection given to the Armed Forces by the existence of an independent and specialised tribunal for war pensions appeals. [HL877]
I can confirm that appeal rights will not be undermined as a result of the Government's proposals. There will be no loss of independence or dilution of expertise.
The 2007 Act puts in place a two-tier structure for most jurisdictions: a first-tier tribunal and an upper tribunal. The Government propose that existing judges and members of the Pensions Appeal Tribunal will transfer to the first-tier tribunal, where they will continue to hear war pensions appeals.
While under the 2007 Act judges and members of the new tribunals will be able to sit in any of the jurisdictions to which they are assigned, chamber presidents will decide how best to use the judges' and members within a chamber in order to match their experience and expertise to the needs of the chamber. Only those with the necessary training and expertise will be allowed to hear war pensions appeals.
The Government are also proposing to extend appeal rights by providing a new onward right of appeal from the first-tier tribunal to the upper tribunal in respect of assessment cases. At present the only remedy is judicial review.
The Government are currently consulting on these proposals and we welcome comments from all interested parties, including the ex-service organisations. The consultation document, Transforming Tribunals, is available on the Ministry of Justice website at www.justice.gov.uk/publications/cp3007.htm. The consultation closes on 22 February 2008.
asked Her Majesty's Government:
Given that the proposals set out in the consultation paper Transforming Tribunals would lead to the abolition of the Pensions Appeal Tribunal for England and Wales, whether they will ensure that there is the widest consultation with ex-service organisations before any such proposals are taken forward. [HL878]
The Transforming Tribunals consultation began on 28 November and will end on 22 February 2008. The Government welcome and will consider carefully representations from all interested parties, including ex-service organisations.
asked Her Majesty's Government:
Whether they will ensure that, in implementing the powers given in the Tribunals, Courts and Enforcement Act 2007, the right to an independent and specialised Tribunal for War Pensions appeals enjoyed by members of the Armed Forces in Scotland and Northern Ireland, whose tribunals are not affected by the Act, will also continue to be enjoyed by members of the Armed Forces in England and Wales. [HL879]
I can confirm that appeal rights will not be undermined as a result of the Government's proposals. There will be no loss of independence or dilution of expertise.
The 2007 Act puts in place a two-tier structure for most jurisdictions: a first-tier tribunal and an upper tribunal. The Government propose that existing judges and members of the Pensions Appeal Tribunal in England and Wales will transfer to the first-tier tribunal, where they will continue to hear war pensions appeals.
While under the 2007 Act judges and members of the new tribunals will be able to sit in any of the jurisdictions to which they are assigned, chamber presidents will decide how best to use the judges and members within a chamber in order to match their experience and expertise to the needs of the chamber. Only those with the necessary training and expertise will be allowed to hear war pensions appeals.
The Government are also proposing to extend appeal rights by providing a new onward right of appeal from the first-tier tribunal to the upper tribunal in respect of assessment cases. At present the only remedy is judicial review.
The Government are currently consulting on these proposals and we welcome comments from all interested parties, including the ex-service organisations. The consultation document, Transforming Tribunals, is available at on the Ministry of Justice website at www.justice.gov.uk/publications/cp3007.htm. The consultation closes on 22 February 2008.