Pensions Appeal Tribunals Act 1943

2 Appeals against rejection of war pension claims made in respect of mariners, pilots, etc. U.K.

(1) Where any claim in respect of the disablement or death of any person made under any scheme made under section three, section four or section five of the M1 Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, as amended by the M2 Pensions (Mercantile Marine) Act 1942, is rejected by the Minister on either or both of the following grounds, namely—

(a) that the disablement or death of the said person is not directly attributable to a war injury, war risk injury or detention;

(b) that the case is not one in which—

(i) the said person is to be treated for the purpose of the said section three as having sustained the injury or suffered the detention by reason of his service as a mariner in a British ship; or

(ii) the said person is to be treated for the purpose of the said section four as having sustained the injury or suffered the detention by reason of his service; or

(iii) the injury was sustained in the circumstances specified in a scheme made under the said section five or the detention was caused by reason of his service in a ship forming part of His Majesty’s navy;

the Minister shall notify the claimant of his decision, specifying the ground or grounds of the rejection, and thereupon an appeal shall lie to the [F1 appropriate tribunal] on the issue whether the claim was rightly rejected on that ground or those grounds.

(2) Where the Minister rejects any such claim as aforesaid on one of the grounds specified in the last foregoing subsection and an appeal is brought from his decision,—

(a) the Minister may notify the appellant before the hearing of the appeal that he also rejects the said claim on the other ground so specified, and thereupon the [F1 appropriate tribunal] shall treat the appeal as an appeal on the issue whether the claim was rightly rejected on both the said grounds;

(b) unless the Minister notifies the appellant as aforesaid, he shall not be entitled, if the appeal is allowed, subsequently to reject the said claim on the said other ground.

Textual Amendments

F1 Words in s. 2(1)(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 6

Modifications etc. (not altering text)

C1 Ss. 2–3 amended by S.I. 1980/1082, arts. 3, 5

Marginal Citations

M1 1939 c. 83.

M2 1942 c. 26.