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The Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2001, ISBN 0110287231

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 5A(3) of the Pensions Appeal Tribunals Act 1943 for approval by resolution of each House of Parliament.

PENSIONS

Made 2001

Coming into force 9th April 2001

Whereas a draft of this Instrument was laid before Parliament in accordance with section 5A(3) of the Pensions Appeal Tribunals Act 1943f1 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred on him by section 5A(2) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1943 c. 39. Section 5A was inserted by section 57 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3New appeal rights: the Service Pensions Order
  4. 4New appeal rights: the Civilians Scheme
  5. Signature
  6. Schedule 1THE SERVICE PENSIONS ORDER: LIST OF PROVISIONS
  7. Schedule 2THE CIVILIANS SCHEME: LIST OF PROVISIONS
  8. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001, and shall come into force on 9th April 2001.

2Citation, commencement and interpretation

In these Regulations—

  • “the Act” means the Pensions Appeal Tribunals Act 1943;

  • “the Civilians Scheme” means the Personal Injuries (Civilians) Scheme 1983f1;

  • “the commencement date” means 9th April 2001;

  • “the Service Pensions Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983f2;

  • “decision” means a decision notified by the Secretary of State on or after the commencement date;

  • “specified decision” means a decision specified for the purposes of section 5A of the Act; and

any reference to a numbered Schedule is a reference to the Schedule so numbered in these Regulations.

3New appeal rights: the Service Pensions Order

(1)

Each decision—

(a)

which is made in exercise of any provision of the Service Pensions Order listed in Schedule 1; and

(b)

which—

(i)

refuses or discontinues an award;

(ii)

establishes or varies the amount of an award; or

(iii)

establishes or varies the date from which an award has effect,

shall be a specified decision.

(2)

Any decision as to the amount to be deducted from an award by virtue of any of the following provisions of the Service Pensions Order—

(a)

article 55 (adjustment of awards in respect of other compensation);

(b)

article 59 (abatement of awards in respect of social security benefits); or

(c)

article 60 (payment of public claims out of pensions),

shall be a specified decision.

4New appeal rights: the Civilians Scheme

(1)

Each decision:

(a)

which is made in exercise of any provision of the Civilians Scheme listed in Schedule 2; and

(b)

which—

(i)

refuses or discontinues an award;

(ii)

establishes or varies the amount of an award; or

(iii)

establishes or varies the date from which an award has effect,

shall be a specified decision.

(2)

Any decision as to the amount to be deducted from an award by virtue of any of the following provisions of the Civilians Scheme—

(a)

article 62 (prevention of double payments);

(b)

article 63 (adjustment of awards in respect of other compensation);

(c)

article 65 (abatement of awards in respect of social security benefits); or

(d)

article 66 (payment of public claims out of pensions),

shall be a specified decision.

Signature

Signed by authority of the Secretary of State for Social Security.

Parliamentary Under-Secretary of State,

Department of Social Security

2001

Schedule 1THE SERVICE PENSIONS ORDER: LIST OF PROVISIONS

Article
6(Serious negligence or misconduct);
12(Allowances for eligible members of the family);f1
13(Education allowance);f2
14(Constant attendance allowance);
15(Exceptionally severe disablement allowance);
16(Severe disablement occupational allowance);
17(Allowance for wear and tear of clothing);f3
18(Unemployability allowances);f4
19(Invalidity allowance);
20(Comforts allowance);
21(Allowance for lowered standard of occupation);f5
22(Age allowance);
23(Treatment allowances);f6
24(Allowance where abstention from work is necessary following treatment in a hospital or similar institution);f7
25(Allowance for part-time treatment);
26A(Mobility supplement);f8
29(1A)(Supplementary pension for widow of a member of the armed forces whose service terminated before 31st March 1973);f9
30(Pensions to unmarried dependants who lived as spouses);f10
31(Rent allowance to widows, widowers and unmarried dependants who lived as spouses who have children);f11
32(Allowance to elderly widows, widowers and unmarried dependants who lived as spouses);
33(Temporary allowances to widows and unmarried dependants who lived as wives of severely disabled pensioners);f12
34(Pensions to widowers);
35(Allowances in respect of children under the age limit);f13
36(Pensions to motherless or fatherless children under the age limit);
37(Awards to or in respect of children over the age limit);
38(Education allowance);f14
39(Awards to or in respect of ineligible members of the families of unemployable pensioners);f15
40(Pensions to parents);f16
41(Pensions to other dependants);
42(Effects of marriage and living together);f17
42A(Funeral expenses);f18
56(Maintenance in hospital or an institution);
57(Chelsea pensioners);
58(Children whose maintenance is otherwise provided for);
62(Forfeiture of pensions, etc.);
63(Refusal of treatment);
64(Failure to draw pension);
65 and Schedule 3 (Commencing dates of awards under this Order); andf19
72(1) and Schedule 5 (Transitory provisions).

Schedule 2THE CIVILIANS SCHEME: LIST OF PROVISIONS

Article
6(Serious negligence or misconduct);
12(Allowances for eligible members of the family);f1
13(Education allowance);
14(Constant attendance allowance);
15(Exceptionally severe disablement allowance);
16(Severe disablement occupational allowance);f2
17(Allowance for wear and tear of clothing);
18(Unemployability allowances);f3
19(Invalidity allowance);
20(Comforts allowance);
21(Allowance for lowered standard of occupation);f4
22(Age allowance);
23(Treatment allowances);f5
24(Allowance where abstention from work is necessary following treatment in a hospital or similar institution);
25(Allowance for part-time treatment);
25A(Mobility supplement);f6
26A(Funeral grant);f7
28(Rent allowance to widows who have children);f8
29(Allowance to elderly surviving spouses);f9
30(Pensions to unmarried dependants who lived as wives);
31(Temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons);f10
32(Pensions to dependent widowers);
33(Allowances in respect of children under the age of 15);
34(Pensions to motherless or fatherless children under the age of 15);
35(Awards to or in respect of children over the age of 15);
36(Education allowance);
37(Awards to or in respect of ineligible children of unemployable pensioners);f11
38(Pensions to parents);
39(Pensions to other dependants);
43(Constant attendance allowance);
44(Exceptionally severe disablement allowance);
45(Comforts allowance);
46(Allowance for wear and tear of clothing);
47(Age allowance);
48(Treatment allowances);f12
48A(Mobility supplement);f13
49A(Funeral grant);f14
50(Allowance to elderly surviving spouses);f15
51(Temporary allowances to widows of severely disabled persons);
52(Education allowance);
61(Persons ordinarily resident outside the United Kingdom);
64(Maintenance in hospital or an institution);
68(Forfeiture of pensions);
69(Refusal of treatment);
70(Provisions with respect to dependent children);
71(Marriage of female persons);
73(Failure to draw pension); and
74 and Schedule 5 (Commencing dates of awards of pension).

Explanatory note

(This note is not part of the Regulations)

These Regulations apply where, on or after 9th April 2001, the Secretary of State notifies a decision on certain war pension matters.

The Pensions Appeal Tribunals Act 1943 (“the 1943 Act”) allows a claimant in particular cases to appeal to the Pensions Appeal Tribunal against a decision of the Secretary of State relating to rejection of a war pension claim, reduction of an award or assessment of the extent of a claimant’s disability.

Following amendment of the 1943 Act by the Child Support, Pensions and Social Security Act 2000, these Regulations extend the scope of appeal rights so that further war pension decisions may be the subject of an appeal. Regulation 3 and Schedule 1 confer these rights in relation to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and regulation 4 and Schedule 2 in relation to the Personal Injuries (Civilians) Scheme 1983.

These Regulations do not impose a charge on business.