[2025] UKUT 250 (AAC)

Appeal No. UA-2025-000195-AFCS

Between:

J.K.

Appellant

- v -

Secretary of State for Defence

Respondent

Before: Upper Tribunal Judge Wikeley

Hearing date(s): 22 July 2025

Decision date: 28 July 2025

Representation:

Appellant: In person

Respondent: Mr Paul Carolan, Veterans UK, Defence Business Services

On appeal from:

Tribunal: First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber)

Tribunal Case No: WP/2024/0826

Tribunal Venue: Remote hearing

Hearing Date: 11 November 2024

Decision Date: 26 November 2024

Anonymity: The appellant in this case is anonymised in accordance with the practice of the Upper Tribunal approved in Adams v Secretary of State for Work and Pensions and Green (CSM) [2017] UKUT 9 (AAC), [2017] AACR 28.

Keywords

56.5 Armed Forces Compensation Scheme

SUMMARY OF DECISION

The Appellant made a claim for injury benefit under the Armed Forces Compensation Scheme (AFCS) Order 2011. His relevant conditions were originally assessed at Level 13 and so there was no entitlement to a Guaranteed Income Payment (GIP). Later, following an Article 59 review, his relevant conditions were re-assessed at Level 11, and so GIP became payable. However, Veterans UK decided that GIP was payable only from the end of the Appellant’s (reserve) service as per Article 16(10) and GE v Secretary of State for Defence [2024] UKUT 92 (AAC). The Appellant argued that GE v SSD should be distinguished and Article 64(6) enabled payment of the GIP to commence before the end of his service. The FTT dismissed the Appellant’s appeal, ruling it was bound by GE v SSD (which concerned an Article 64(2)(b) case, not an Article 64(6) case). The Upper Tribunal refused the Appellant’s further appeal.

DECISION