This book is an authoritative and comprehensive analysis of the legal principles underlying entitlement to compensation for those injured or killed in the service of their country. It is also a practical and accessible guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals.
In 2009 Lord Boyce independently chaired a review of the Armed Forces Compensation Scheme. This report announces that the government will implement, in full, all of the recommendations from that Review. Key recommendations that will be taken forward include: the Guaranteed Income Payment will be increased to reflect the lasting effect of more serious injuries; the top tariff level, already doubled in 2008, will remain at £570,000 whilst all others will be increased; the maximum award for mental award for mental illness will be increased; a new expert medical body will be created to advise on compensation; the burden of proof will remain largely as is but improvements will be made in cases of illness and where records have not been properly maintained; the time limits by which claims must made or appealed will be increased; a new fast interim payment will introduced; and the way in which in the scheme is communicated will be improved
Military Veteran Reintegration: Approach, Management, and Assessment of Military Veterans Transitioning to Civilian Life offers a toolkit for researchers and practitioners on best practices for easing the reintegration of military veterans returning to civilian society. It lays out how transition occurs, identifies factors that promote or impede transition, and operationalizes outcomes associated with transition success. Bringing together experts from around the world to address the most important aspects of military transition, the book looks at what has been shown to work and what has not, while also offering a roadmap for best-results moving forward. - Contains evidence-based interventions for military veteran-to-civilian transition - Features international experts from North America, Europe and Asia - Includes how to measure transition outcomes - Outlines recovery programs for the injured and sick - Identifies factors that promote or impede successful transition
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
Comparing military pay with civilian pay, the authors find that military pay in 2017 was above the 70th percentile of civilian pay. It was at the 85th percentile for enlisted personnel and the 77th percentile for officers.
As the Prime Minister's Special Representative on Veterans' Transition, Lord Ashcroft conducted a comprehensive review of all aspects of the move from a career in the Armed Forces to civilian life. The Veterans' Transition Review, published in February 2014, documents his findings and recommendations. Based on consultation with the Forces, the MOD and wider government, industry and charities - as well as hundreds of former Service personnel and their families - the Review includes more than 50 proposals to improve transition in fields including education, employment, health, housing, welfare, finance, information provision, the charity sector, and the way society perceives Service Leavers.
UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.
In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
Ben Quilty Troy Park, after Afghanistan 2012 Oil on linen 190 x 140 cm Australian War Memorial, Canberra Collection of the artist � Ben Quilty______________________________________This is the only book devoted to the law on veterans' entitlements and military compensation in Australia. The book comprehensively annotates the Veterans' Entitlements Act 1986 (VEA) and, in this third edition, for the first time annotates the new unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA).The third edition covers all of the recent major reports into the veterans' law and military compensation system and includes annotations of all relevant High Court, Federal Court and Administrative Appeals Tribunal decisions on the two Acts. The book is an invaluable reference for all those assisting veterans to obtain their entitlements to the pensions and benefits available to those who have served their country - be they ex-service organisations, tribunal members, legal practitioners or Departmental officials.Highlights of the third edition include:a new section of the book discussing the cases on the application of Statements of Principles under the two Acts;comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions;annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits, and transitional arrangements for previous schemes;the interaction between the VEA and the MRCA; andappendices which include an amendment history of the VEA and of the MRCA, an index of MRCA legislative instruments, discussion of defence honours and awards, and war grave eligibility.