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 decision in the context also of entitlement to a family pension under the armed forces pension scheme.
Held: It was a condition of the exercise of the Defence Council panel, that a decision had been made by the Secretary of State for Social Services. It was neither necessary nor permissible for the panel to repeat the exercise.
Mummery, Sedley, LJJ, Munby J
Times 27-Nov-2003, Gazette 22-Jan-2003
Queen’s Regulations for the Royal Air Force 3090(1)
England and Wales
Citing:
Appeal from – Secretary of State for Defence v Pensions Ombudsman and another ChD 4-Apr-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.188379
