MH v The Secretary of State for Defence
[2024] UKUT 241 (AAC)
Secretary of State for Defence v CAW
5 October 2023
[2023] UKUT 246 (AAC)
Upper Tribunal
A veteran claimed money because his disability limited his work. A lower court said he got some money. A higher court disagreed, saying his inability to find a good job wasn't because of his disability, so he didn't qualify for the money.
Key Facts
- •C.A.W. (claimant) served in the armed forces from 1987 to 1994.
- •Claimant was awarded a war pension with a 50% assessment.
- •Claimant worked as a Concierge and Concierge Team Leader from 2005 to 2020.
- •Claimant was made redundant in December 2020.
- •Claimant applied for Allowance for Lowered Standard of Occupation (ALSO) in December 2020.
- •Secretary of State refused the claim.
- •First-tier Tribunal (FTT) allowed the appeal in part, granting ALSO from November 2021.
- •Secretary of State appealed to the Upper Tribunal (UT).
Legal Principles
Entitlement to ALSO depends on whether the claimant's disablement renders them incapable of following their regular occupation or any other occupation with equivalent gross income.
Article 15 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (SPO)
The test for ALSO considers whether the claimant's disablement, not external factors like the labor market, renders them incapable of a suitable occupation.
Article 15(1)(b) of the SPO and case law
Outcomes
The Upper Tribunal allowed the Secretary of State's appeal.
The First-tier Tribunal erred in law by considering the claimant's new Concierge role and the economic climate rather than focusing solely on the claimant's disablement and suitability of the Concierge Team Leader role.
The FTT's decision was set aside.
The FTT misapplied Article 15(1)(b) of the SPO.
The claimant's appeal was dismissed.
The claimant was not incapable of following an occupation with equivalent gross income to his regular service occupation.