The dispute arose from the treatment of a claim by the respondent, a service widow, for an Attributable Family Pension under the Armed Forces Pension Scheme. AFPS evolved as an occupational pension scheme for the benefit of the armed forces generally, with provisions for age-related retirement pensions, as well as for attributable and non-attributable invaliding and death benefits.
This case turns on the interpretation of the relevant provisions of a prerogative instrument, the Queen’s Regulations for the Royal Air Force (the QR-RAF), which relate to the determination of the issue whether the death or injury, in respect of which a pension is claimed, was ‘attributable to service.’ Similar provisions are contained in other prerogative instruments for each of the other two branches of the armed forces.
Lord Justice Mummery Lord Justice Sedley Mr Justice Munby
[2003] EWCA Civ 1611
Bailii
England and Wales
Updated: 29 August 2021; Ref: scu.188106 br>