The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Initiation of posthumous appeals in the High Court

4.—(1) Where the claimant has appealed to the Pensions Appeal Tribunal against the rejection of his claim by the Secretary of State and the decision of that Tribunal has not been communicated to him before his death, the Secretary of State shall, within the period of seven days of the communication to him of that Tribunal's decision, or within the period of seven days of his becoming aware of the claimant's death and the existence and identity of the designated person, whichever period ends later, communicate that decision in writing to the designated person by sending it by post to that person's ordinary or last known address, and the designated person may, subject to the following provisions of this Order, bring an appeal to the High Court under section 6(2) of the Act.

(2) Where the claimant has appealed to the Pensions Appeal Tribunal as aforesaid and the decision of that Tribunal has been communicated to him and he has not appealed against that decision in his life time, the designated person may, subject to the following provisions of this Order, and subject in particular to one of the conditions specified in paragraph (3) below being satisfied, bring an appeal against that decision to the High Court under the said section 6(2).

(3) The conditions referred to in paragraph (2) above are that—

(a) throughout the period from the communication of the Tribunal's decision to the claimant to the date of his death, the claimant was incapable of bringing an appeal by reason of his physical or mental condition; or

(b) the failure of the claimant to bring an appeal was due to an error or misdirection by or on behalf of the Secretary of State or a Pensions Appeal Tribunal.