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War Pension Appeal Allowed

Gregory Jones QC

Re Henry v. Veterans Agency

Mr. Hendry served in the Light Infantry. On 12 March 1997 whilst on service in Northern Ireland he was seriously injured in a road traffic incident involving an armoured personnal carrier. Following a claim for negligence and settlement against the MOD in 14 February 2002 Mr. Hendry received an agreed amount for £470,000. On 12 August 2004 the Veterans Agency notified Mr. Hendry that his 70% war pension assessment was being adjusted to take account of the settlement. The consequence of which was that he would no longer be entitled to any war pension and the Agency sought back payments of £11,330. Mr. Hendry appealed. The Agency conceded that it would not seek recovery of the back payments. On appeal to the Pensions Appeal Tribunal, the Tribunal held that it had no power to consider the appellant's public law arguments under the Pensions Appeal Tribunals Act 1943 and the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 that the Agency had acted unlawfully but it did have power to assess the appellant's appeal as to the amount of the adjustment. In so doing the Pension Appeal Tribunal allowed the appeal and reinstated the war pension albeit with some reduction.

Gregory Jones (instructed by Pardoes) appeared for the appellant.