Explanatory note

Section 8 of the Pensions Appeal Tribunals Act 1943 provides for appeals to be brought to the Pensions Appeal Tribunal in Scotland or Northern Ireland within specified time limits. Appeals, in the main, arise from decisions and assessments made by the Secretary of State regarding claims for war pensions under the Naval, Military and Air Forces etc (Disablement and Death) Service Pension Order 2006 (S.I. 2006/606) and awards under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (S.I. 2005/439). S.I. 2005/439 is revoked and re-enacted with modifications by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).

These Regulations increase the time limits for bringing appeals to 12 months commencing with the date on which the decision or assessment was notified to the claimant.

Under regulation 5, the increased time limits will apply to an appeal in respect of a decision or assessment made before these Regulations come into force (9th May 2011) if the original period for giving notice of the appeal has not expired before this date. Regulation 6 provides that persons who, when the Regulations are brought into force, have an unexpired right to give notice of appeal must be notified in writing by the Secretary of State, no later than 30th June 2011 of the new time limit.

The time limits governing appeals to the First-tier Tribunal in England and Wales are provided in the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (S.I. 2008/2686).