Summary
The Supreme Court awarded disability-pension arrears for the gap between 24 March 1995 and 30 January 2014. Medical boards had assessed pensionable disability before the gap and, in 2014, assessed permanent disability of 20%; an intervening accounts-authority reassessment below 20% had stopped payment. Denial for the intervening period was misconceived. The separate rejection of war-injury pension remained undisturbed.
Issues
- Whether disability pension was payable for the intervening unpaid period.
- Whether the disability qualified for war-injury pension.
Held
- The Tribunal correctly rejected war-injury pension because the disability was not attributable to participation in operations or the active line of duty. The appeal notice was confined to the disability-pension gap. (¶ 5–7)
- The successive medical assessments and the later permanent assessment of 20% disability demonstrated that denial between 24 March 1995 and 30 January 2014 was misconceived. The disability element had already been rounded off under the Tribunal’s previous order. (¶ 8–11)
- Arrears must be calculated at the rates applicable during the relevant period and paid within three months of receipt of the order. (¶ 12–13)
Result
Appeal allowed without costs. Disability-pension arrears directed for 24 March 1995 to 30 January 2014, with computation and payment within three months of receipt of the order. Pending applications disposed of.