Message from Sir Nicholas Pope KCB CBE
Cobseo Chair:
I attach a letter from HM Courts and Tribunal Services at the Ministry of Justice, announcing the introduction of direct lodgement for War Pension and Armed Forces Compensation appeals in England and Wales. This will apply for appeals against decisions made after 5 April 2023, and places an obligation on Veterans UK, as the respondent, to serve evidence within specified timescales. A new appeals form (WPA1) will be made available at GOV.UK to enable veterans to submit appeals direct to the tribunal (see the link in the attachment), and MOJ are seeking the sector’s support, where appropriate, in ensuring that appellants use the correct forms, which in turn should help in expediting the appeals process. The new arrangements do not apply for appeals against decisions made prior to 6 April 2023.
Many thanks
Sir Nicholas Pope KCB CBE
Cobseo Chair
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03 April 2023 |
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Dear Colleague
Direct Lodgement of War Pensions & Armed Forces Compensation Appeals in England & Wales
Following the public consultation exercise by the independent Tribunal Procedure Committee, Direct Lodgement of appeals is set to be introduced by the First-tier Tribunal War Pensions & Armed Forces Compensation Chamber (WPAFCC).
Direct Lodgement will commence on Thursday 6th April 2023 and will apply to decisions made by Veterans UK dated on or after 6th April.
Decisions dated on or before 5th April will be subject to appeal under the old rules, where the appeal is sent to Veterans UK.
Live appeals already lodged with Veterans UK will continue to be processed under the old rules.
The new rules also impose, for the first time, a requirement on Veterans UK, as the respondent, to serve evidence within a specific timescale. This will usually be 56 days for most AFC and all WP appeals; and 28 days for AFC appeals where a reconsideration must be undertaken before the appeal proceeds. Again, this applies to appeals where the Veterans UK decision is dated on or after 6th April.
To support this change, a new appeal form (WPA1) will be made available on GOV.UK to enable appellants to appeal direct to the tribunal. The appeal form will be a tribunal product, reflecting the fact that the appeal process itself will sit solely with the tribunal and not the decision-making department. At the same time, changes will be made to GOV.UK signposting appellants to appeal to the correct department.
We ask for your support in making sure appellants who decide to bring an appeal to the WPAFCC use the new form when lodging appeals against decisions made on or after 6th April. Providing the right information allows us to process appeals as quickly as possible and avoid unnecessary delays by having to contact appellants for additional details to progress their appeals.
The new appeal form will be available online at War Pensions and Armed Forces Compensation Tribunal: Overview - GOV.UK (www.gov.uk) from 6th April and can be sent to the tribunal by post or email.
Full details of the rule changes are available here:
https://www.legislation.gov.uk/uksi/2023/327/made
If appellants do not have access to online content, hard copies can be made available by emailing armedforces.chamber@justice.gov.uk
If you have any queries regarding the new form and rules, please contact HM Courts & Tribunals Service at armedforces.chamber@justice.gov.uk
With Kind Regards
Yours sincerely
Edward Castle
Service Manager - WPAFCC
