Section 4 Upper Tribunal to decide whether rule applies to social security benefits.F24C1P1

Where a question arises as to whether, if a person were otherwise entitled to or eligible for any benefit or advantage under a relevant enactment, he would be precluded by virtue of the forfeiture rule from receiving the whole or part of the benefit or advantage, that question shall (notwithstanding anything in any relevant enactment) be determined by F1the Upper Tribunal.

Where F3the Upper Tribunal determines that the forfeiture rule has precluded a person (in this section referred to as “the offender”) who has unlawfully killed another from receiving the whole or part of any such benefit or advantage, F4the Upper Tribunalmay make a decision under this subsection modifying the effect of that rule and may do so whether the unlawful killing occurred before or after the coming into force of this subsection.

F5The Upper Tribunal shall not make a decision under subsection (1A) above modifying the effect of the forfeiture rule in any case unless F6it is satisfied that, having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the Upper Tribunal to be material, the justice of the case requires the effect of the rule to be so modified in that case.

Subject to subsection (1D) below, a decision under subsection (1A) above may modify the effect of the forfeiture rule in either or both of the following ways—

Such a decision may not modify the effect of the forfeiture rule so as to allow any person to receive the whole or any part of a benefit or advantage in respect of any period before the commencement of this subsection.

If F7the Upper Tribunal thinks it expedient to do so, F8the Upper Tribunal may direct that its decision shall apply to any future claim for a benefit or advantage under a relevant enactment, on which a question such as is mentioned in subsection (1) above arises by reason of the same unlawful killing.

It is immaterial for the purposes of subsection (1E) above whether the claim is in respect of the same or a different benefit or advantage.

For the purpose of obtaining a decision whether the forfeiture rule should be modified the Secretary of State may refer to F9the Upper Tribunal for review any determination of a question such as is mentioned in subsection (1) above that was made before the commencement of subsections (1A) to (1F) above (whether by the Upper Tribunal or not) and shall do so if the offender requests him to refer such a determination.

Subsections (1A) to (1F) above shall have effect on a reference under subsection (1G) above as if in subsection (1A) the words “it has been determined” were substituted for the words “F10the Upper Tribunal determines”.

F11Tribunal Procedure Rules may make provision for carrying this section into effect; and (without prejudice to the generality of that) F12the rules may, in relation to the question mentioned in subsection (1) above or any determination under that subsection F13or any decision under subsection (1A) above—

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In this section—

• F16...

• “relevant enactment” means any provision of the following and any instrument made by virtue of such a provision:

  the M1Personal Injuries (Emergency Provisions) Act 1939,

  F17the Pension Schemes Act 1993

  F18Part 1 of the Pensions Act 2014, F19section 30 of that Act,

  the M2Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939,

  the M3Polish Resettlement Act 1947,

  F20. . ., F21the Social Security Acts 1975 to 1991,

• F22the Social Security Contributions and Benefits Act 1992,

• F23section 1 of the Armed Forces (Pensions and Compensation) Act 2004,

and any other enactment relating to pensions or social security prescribed by regulations under this section.