A member of the armed forces had died. The Department of Social Services had decided that his death was attributable to service for the purposes of the War Pension Scheme. The Defence Council sought to determine again whether his widow was entitled to a family pension under the Armed Forces Pension Scheme.
Held: The decision of the Social Service department was binding on the Secretary of State. Construing the regulation so as to require a second determination of substantially the same question was not intended, and the Defence Council was not in a position itself to make such an inquiry.
Judges:
Neuberger J
Citations:
Times 25-Apr-2003
Statutes:
Queens Regulations for the Royal Air Force 3090(1)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Secretary of State for Defence v Pensions Ombudsman CA 19-Nov-2003
A member of the Armed Forces had died whilst mountaineering. The Department of Social Security had decided that the death was attributable to his service for the purposes of the war pension scheme. The Ombudsman had held himself bound by that . .
Lists of cited by and citing cases may be incomplete.
Armed Forces
Updated: 20 November 2022; Ref: scu.181853
