Article 43 Decisions

United Kingdom

(1)

The Secretary of State shall determine any claim for benefit and any question arising out of the claim.

(2)

The Secretary of State shall give reasons for his decision.

(3)

The decision of the Secretary of State on any claim or any question arising out of a claim and the reasons for the decision shall be in writing and shall be sent to the claimant who shall, at the same time, be informed o F1of any right that he may have—

(a)

to a reconsideration of the decision under article 45; and

(b)

to appeal F2that decision to F3the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

Annotations

Textual amendments

F1: Words in art. 43(3) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 13(1)
F2: Words in art. 43(3)(b) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 13(2)
F3: Words in art. 43(3)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 280

Notes on Part VII

Textual amendments

F1: Art. 48A inserted (3.8.2010) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 (S.I. 2010/1723), arts. 1(1), 9 (with art. 12)