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Pensions Appeal Tribunals Act 1943

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1 Appeals against rejection of war pension claims made in respect of members of the naval, military or air forces.E+W+S+N.I.

(1)Where any claim in respect of the disablement of any person made under any such Royal Warrant, Order in Council or Order of His Majesty as is administered by the Minister [F1or under a scheme made under section 1 of the Polish Resettlement Act 1947] is rejected by the Minister on the ground that the injury on which the claim is based—

(a)is not attributable to [F2any relevant service]; and

(b)does not fulfil the following conditions, namely, that it existed before or arose during [F2any relevant service] and has been and remains aggravated thereby;

the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to [F3the appropriate tribunal] on the issue whether the claim was rightly rejected on that ground.

(2)Where, for the purposes of any such claim as aforesaid, the injury on which the claim is based is accepted by the Minister as fulfilling the conditions specified in paragraph (b) of the last foregoing subsection but not as attributable to [F2any relevant service], the Minister shall notify the claimant of his decision, specifying that the injury is so accepted, and thereupon an appeal shall lie to the [F4appropriate tribunal] on the issue whether the injury was attributable to such service.

(3)Where any claim in respect of the death of any person made under any such Royal Warrant, Order in Council [F5, Order of Her Majesty or scheme] as aforesaid is rejected by the Minister on the ground that neither of the following conditions is fulfilled, namely—

(a)that the death of that person was due to or hastened by an injury which was attributable to [F2any relevant service];

(b)that the death was due to or hastened by the aggravation by [F2any relevant service] of an injury which existed before or arose during [F2any relevant service];

the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the [F6appropriate tribunal] on the issue whether the claim was rightly rejected on that ground.

[F7(3A)The last foregoing subsection shall not apply to any claim made under any such Royal Warrant, Order in Council [F5, Order of Her Majesty or scheme] as aforesaid in respect of the death of a person who dies after the expiration of the period of seven years beginning with the end of F8. . . [F9any relevant service] of that person, but where any such claim is rejected by the Minister on the ground that neither of the following conditions is fulfilled, namely—

(a)that the death of that person was due to or substantially hastened by an injury which was attributable to [F9any relevant service];

(b)that the death was due to or substantially hastened by the aggravation by [F9any relevant service] of an injury which existed before or arose during [F9any relevant service];

the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the [F10appropriate tribunal] on the issue whether the claim was rightly rejected on that ground.]

(4)Where, in connection with the determination, for the purposes of any such claim as if referred to in the foregoing provisions of this section, of—

(i)the date by reference to which the rank of the disabled or deceased person is to be determined, or

(ii)in the case of a claim by or in respect of a widow, widower [F11surviving civil partner,], wife, [F12husband, civil partner] or child, the date before which any marriage [F13or civil partnership] or any birth, legitimation or adoption of a child must have taken place [F14or been formed],

it is contended that, as the result of a particular period of [F2any relevant service], the disabled or deceased person suffered aggravation of the injury on which the claim is based, being aggravation which in the case of death persisted until death, the Minister shall, if he rejects the said contention, notify the claimant of his decision, and thereupon an appeal shall lie to the [F15appropriate tribunal] on the issue whether, as a result of such service during that period, the disabled or deceased person suffered such aggravation.

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Amendments (Textual)

F1Words in s. 1(1) inserted (E.W.S.) (2.10.1995) by 1995 c. 26, s. 169(2)(a); S.I. 1995/2548, art. 2

F5Words in s. 1(3)(3A) substituted (E.W.S.) (2.10.1995) by 1995 c. 26, s. 169(2)(b); S.I. 1995/2548, art. 2

F7S. 1(3A) inserted after subsection (3) by S.R. & O. 1947/1143, art. 1 and as amended as indicated

Modifications etc. (not altering text)

C1S. 1 restricted by Pensions Appeal Tribunals Act 1949 (c. 12), s. 1(2); extended by ibid., s. 2

2 Appeals against rejection of war pension claims made in respect of mariners, pilots, etc.E+W+S+N.I.

(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 M1Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, as amended by the M2Pensions (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 [F16appropriate 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 [F16appropriate 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.

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

3 Appeals against rejection of war pension claims made in respect of civil defence volunteers and other civilians.E+W+S+N.I.

(1)Where any claim in respect of the incapacity for work, disablement or death of any person made under any scheme made under section one of the M3Personal Injuries (Emergency Provisions) Act 1939 is rejected by the Minister on the ground that the incapacity for work or the disablement was not caused by, or the death was not the direct result of, a war injury, or, in the case of a civil defence volunteer, a war service injury, the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the [F17appropriate tribunal] on the issue whether the claim was rightly rejected on that ground.

(2)Where an appeal is brought under the last foregoing subsection in any case where the Minister has refused to certify an injury sustained by a civil defence volunteer as a war service injury or has revoked such a certificate, the [F17appropriate tribunal] shall consider whether it is a physical injury (as defined by section five of the M4Pensions (Mercantile Marine) Act 1942) which arose out of and in the course of the performance by the volunteer of his duties as a member of the civil defence organisation to which he belonged at the time when the injury was sustained, and (except in the case of a war injury), did not arise out of and in the course of his employment in any other capacity, and if they decide that question in the affirmative, the injury shall be deemed for the purposes of the Personal Injuries (Emergency Provisions) Act 1939 and any scheme made thereunder to have been certified by the Minister as a war service injury.

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

4 Appeals in cases where award is withheld or reduced on ground of serious negligence or misconduct.E+W+S+N.I.

(1)Where, in the case of any such claim as is referred to in section one, section two or section three of this Act in respect of the incapacity for work, disablement or death of any person, the Minister withholds or reduces the award on the ground that the injury or detention on which the claim is based was caused or contributed to by the serious negligence or misconduct of the said person or, as the case may be, that his death was so caused or contributed to, the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the [F18appropriate tribunal] on the issue whether the injury or detention or, as the case may be, the death was so caused or contributed to.

(2)Where an appeal is brought under this Act on any of the issues specified in section one, section two or section three, and the Minister notifies the appellant before the hearing of the appeal that, if the appeal is allowed, he intends to withhold or reduce the award on the ground specified in the last foregoing subsection, the [F18appropriate tribunal] shall, if they allow the appeal, determine the issue specified in that subsection, and unless the Minister notifies the appellant as aforesaid, he shall not be entitled, if the appeal is allowed, to withhold or reduce the award on the said ground.

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Amendments (Textual)

5 Appeals against assessment of extent of disablement.E+W+S+N.I.

(1)Where, in the case of any such claim as is referred to in section one, section two or section three of this Act in respect of the disablement of any person, the Minister makes an interim assessment of the degree of the disablement, he shall notify the claimant thereof and . . . . . . F19 an appeal shall lie to the [F20appropriate tribunal] from the interim assessment . . . F19 and from any subsequent interim assessment, and the [F20appropriate tribunal] on any such appeal may uphold the Minister’s assessment or may [F21alter the assessment in one or both of the following ways, namely—

(a)by increasing or reducing the degree of disablement it specifies; and

(b)by reducing the period for which the assessment is to be in force.]

In [F22this section] the expression “interim assessment” means any assessment other than such a final assessment as is referred to in the next following subsection.

(2)Where, in the case of any such claim as is referred to in section one, section two or section three of this Act in respect of the disablement of any person, it appears to the Minister that the circumstances of the case permit a final settlement of the question to what extent, if any, the said person is disabled, and accordingly—

(a)he decides that there is no disablement or that the disablement has come to an end or, in the case of any such claim as is referred to in section three of this Act, that the disablement is not or is no longer serious and prolonged; or

(b)he makes a final assessment of the degree or nature of the disablement;

he shall notify the claimant of the decision or assessment, stating that it is a final one, and thereupon an appeal shall lie to the [F23appropriate tribunal] on the following issues, namely—

(i)whether the circumstances of the case permit a final settlement of the question aforesaid;

(ii)whether the Minister’s decision referred to in paragraph (a) hereof or, as the case may be, the final assessment of the degree or nature of the disablement, was right;

and the [F23appropriate tribunal] on any such appeal may set aside the said decision or assessment on the ground that the circumstances of the case do not permit of such a final settlement, or may uphold that decision or assessment, or may make such final assessment of the degree or nature of the disablement as they think proper, which may be either higher or lower than the Minister’s assessment, if any [F24and if the [F23appropriate tribunal] so set aside the Minister’s decision or assessment they may, if they think fit, make such interim assessment of the degree or nature of the disablement, to be in force until such date not later than two years after the making of the [F25appropriate tribunal's] assessment, as they think proper].

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C6S. 5 amended by S.I. 1980/1082, arts. 5, 6

C7S. 5: functions transferred (3.11.2008) by The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), art. 7(a)(ii);

[F275A Appeals in other cases.E+W+S+N.I.

(1)Where, in the case of [F28a claim to which this section applies], the Minister makes a specified decision—

(a)he shall notify the claimant of the decision, specifying the ground on which it is made, and

(b)thereupon an appeal against the decision shall lie to the [F29appropriate tribunal] on the issue whether the decision was rightly made on that ground.

[F30(1A)This section applies to—

(a)any such claim as is referred to in section 1, 2 or 3 of this Act;

(b)a claim under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces).]

(2)For the purposes of subsection (1), a “specified decision” is a decision (other than a decision which is capable of being the subject of an appeal under any other provision of this Act) which is of a kind specified by the Minister in regulations F31. . . .

(3)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F27S. 5A inserted (15.11.2000 for specified purposes otherwise 9.4.2001) by 2000 c. 19, s. 57(1) (with s. 83(6)); S.I. 2000/2994, art. 2(4)(a)(b)

[F335B Matters relevant on appeal.E+W+S+N.I.

In deciding any [F34appeal under any provision of this Act, the appropriate tribunal]

(a)need not consider any issue that is not raised by the appellant or the Minister in relation to the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.]

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Amendments (Textual)

F33S. 5B inserted (1.1.2001) by 2000 c. 19, s. 59 (with s. 83(6)); S.I. 2000/2994, art. 2(5)

6 Constitution jurisdiction and procedure of Pensions Appeal Tribunals [F35for Scotland and Northern Ireland etc].E+W+S+N.I.

(1)The provisions of the Schedule to this Act shall have effect with respect to the constitution, jurisdiction and procedure of Pensions Appeal Tribunals [F36for Scotland and Northern Ireland].

(2)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(2ZA)In subsection (2) “relevant judicial authority” means—

(a)in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b)in relation to Scotland, the Court of Session;

(c)in relation to Northern Ireland, the Court of Appeal in Northern Ireland.

(2ZB)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2ZA)(a).]

(2A)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39F40(2C)[F41 Where—

(a)a case is referred under section 6B of this Act for redetermination, or determination by a differently constituted [F42Pensions Appeal Tribunal for Scotland or Northern Ireland,]

(b)a direction for a rehearing is given under rules made by virtue of paragraph 5(3B) of the Schedule to this Act,]

[F43(c)the First-tier Tribunal reviews a decision made by it under this Act which it sets aside under section 9(4)(c) of the Tribunals, Courts and Enforcement Act 2007, or

(d)a case involving a decision made by the First-tier Tribunal under this Act is remitted to it by the Upper Tribunal under section 12(2)(b)(i) of that Act,]

the Minister may, before the expiry of the period of two months beginning with the date of the direction, review the original decision.

(2D)If, on any such review, the Minister is of the opinion that there are grounds for revising the original decision he shall—

(a)notify the appellant of his opinion and of the revision which he proposes to make; and

(b)if the appellant withdraws his appeal against the original decision, revise it accordingly.]

(3)[F44 Subject to—

(a)sections 6A and 6B of this Act,F45. . .

(b)rules made by virtue of paragraph 5(3A) of the Schedule to this Act[F46, and

(c)provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007,]]

the decision of [F47the appropriate tribunal] on any issue on which an appeal is brought under this Act shall be final and conclusive.

(4)In determining an appeal under this Act in respect of any claim or award, the [F48appropriate tribunal] shall be bound by the terms of the Royal Warrant, Order in Council, Order of His Majesty or scheme under which the claim or award purports to be made and of any enactment under which any such scheme is made, being terms relating to the issue before the [F48appropriate tribunal].

[F49(5)In the application of subsection (2) in relation to Northern Ireland, “rules of court” means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978.]

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Amendments (Textual)

F40By The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(4), 9(1), Sch. 3 para. 12(4)(c), it is provided that the words "or direction" in s. 6(2C) be substituted (3.11.2008) by the words ", direction, setting aside or remittal"

Modifications etc. (not altering text)

C8S. 6 amended by S.I. 1980/1082, arts. 4, 5, 7

[F506A[F51Appeals from Pensions Appeal Tribunal for Scotland or Northern Ireland]E+W+S+N.I.

[F52(1)Subject to the provisions of this section, an appeal shall lie to the appropriate body from any decision of a Pensions Appeal Tribunal for Scotland or Northern Ireland under any of sections 1 to 5A of this Act on the ground that the decision was erroneous in point of law.

(1A)For the purposes of this section “the appropriate body” means—

(a)in relation to a decision of a Pensions Appeal Tribunal for Scotland, the Upper Tribunal; and

(b)in relation to a decision of a Pensions Appeal Tribunal for Northern Ireland—

(i)the Upper Tribunal in the case of a decision under section 5 of this Act; and

(ii)a Northern Ireland Social Security Commissioner in any other case.]

(2)An appeal shall lie under this section at the instance of the person who appealed to the [F53Pensions Appeal Tribunal for Scotland or Northern Ireland] or of the Minister.

(3)If each of the parties to [F54an appeal under this section to a Northern Ireland Social Security Commissioner] expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to [F55a Pensions Appeal Tribunal for Northern Ireland] with directions for its determination.

(4)Where [F56an appeal is made to a Northern Ireland Social Security Commissioner and] the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and—

(a)he shall have power—

(i)to give the decision which he considers [F57the Pensions Appeal Tribunal for Northern Ireland] should have given, if he can do so without making fresh or further findings of fact; or

(ii)if he considers it expedient, to make such findings and give such decision as he considers appropriate in the light of them;

and

(b)in any other case he shall refer the case to [F58a Pensions Appeal Tribunal for Northern Ireland] with directions for its determination.

[F59(4A)Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Pensions Appeal Tribunal for Scotland or Northern Ireland.]

(5)Subject to any direction of [F60the Northern Ireland Social Security Commissioner], a reference under subsection (3) or (4)(b) above shall be to a differently constituted [F61Pensions Appeal Tribunal for Scotland or Northern Ireland].

[F62(5A)No appeal lies under this section to the Upper Tribunal without the leave of the Pensions Appeal Tribunal for Scotland or Northern Ireland concerned, or of the Upper Tribunal, on an application by the party.]

(6)No appeal lies under this section [F63to a Northern Ireland Social Security Commissioner] without the leave—

(a)of the person who constituted, or was the chairman of, [F64the tribunal concerned] when the decision was given;

(b)of the President or Deputy President of Pensions Appeal Tribunals for [F65Northern Ireland]; or

(c)subject to and in accordance with regulations, of [F66a Northern Ireland Social Security Commissioner].

(7)Regulations may make provision as to the manner in which, and the time within which, appeals [F67to a Northern Ireland Social Security Commissioner] are to be brought and applications made for leave [F68to bring such appeals].

(8)Subject to section 6C of this Act, a decision of a [F69Northern Ireland Social Security Commissioner] under this Act shall be final and conclusive.

(9)F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where it appears convenient to do so by reason of a subsequent change of residence by the person who appealed to the [F71appropriate tribunal under section 1, 2, 3, 4 or 5A, the Upper Tribunal may direct that an application or appeal to it] under this section be transferred to a Northern Ireland Social Security Commissioner; and vice versa.

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Amendments (Textual)

F50Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2

6BRedetermination etc of appeals by [F72appropriate tribunal]E+W+S+N.I.

[F73(1)Subsections (2) and (3) apply where an application is made to—

(a)a Pensions Appeal Tribunal for Scotland or Northern Ireland under section 6A(5A) of this Act, or

(b)a person under section 6A(6)(a) of this Act,

for leave to appeal from a decision of the tribunal concerned.]

(2)If [F74the tribunal or person to whom the application is made] considers that the decision was erroneous in point of law, [F75that tribunal or person] may set aside the decision and refer the case either for redetermination by [F76the tribunal concerned] or for determination by a differently [F77constituted Pensions Appeal Tribunal for Scotland or Northern Ireland].

(3)If each of those who would be parties to the appeal if leave were granted expresses the view that the decision was erroneous in point of law, [F78the tribunal or person to whom the application is made] shall set aside the decision and refer the case for determination by a differently [F79constituted Pensions Appeal Tribunal for Scotland or Northern Ireland].

[F80(4)Subsection (5) applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under this Act.

(5)If each of those who would be parties to the appeal if permission were granted expresses the view that the decision was erroneous in point of the law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.]

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Amendments (Textual)

F50Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2

6CAppeals from CommissionerE+W+S+N.I.

(1)Subject to subsection (2) below, a party to an appeal under section 6A of this Act may appeal on a question of law to the appropriate court from a decision of [F81a Northern Ireland Social Security Commissioner] under that section.

(2)No appeal under this section shall lie from a decision except—

(a)with the leave of the Commissioner who gave the decision or, in a case prescribed by regulations, [F81a Northern Ireland Social Security Commissioner] selected in accordance with regulations; or

(b)if he refuses leave, with the leave of the appropriate court.

(3)On an application to [F81a Northern Ireland Social Security Commissioner] for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—

(a)the Court of Session if it appears to him that the person who appealed to [F82the tribunal concerned] is ordinarily resident in Scotland;

(b)the Court of Appeal in Northern Ireland if it appears to him that that person is ordinarily resident in Northern Ireland;

(c)the Court of Appeal if it appears to him that that person is ordinarily resident elsewhere.

But if it appears to the Commissioner, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.

(4)Regulations may make provision as to—

(a)the manner in which, and the time within which, applications to [F81a Northern Ireland Social Security Commissioner] for leave to appeal under this section must be made;

(b)the procedure for dealing with such applications.

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Amendments (Textual)

F50Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2

6DProcedure in proceedings before CommissionerE+W+S+N.I.

(1)Regulations may make, for the purposes of proceedings under this Act before [F83a Northern Ireland Social Security Commissioner], any provision which may be made by procedure regulations under [F84 Article 16 of the Social Security (Northern Ireland) Order 1998 F85] for the purposes of proceedings under [F86that Order] before a Commissioner.

(2)The Lord Chancellor may by regulations provide—

(a)for officers authorised by the Lord Chancellor F87. . . to make any determinations which fall to be made by [F88Northern Ireland Social Security Commissioners];

(b)for the procedure to be followed by such officers in making such determinations;

(c)for the manner in which such determinations by such officers may be called in question.

(3)Regulations prescribing the procedure to be followed in cases before [F83a Northern Ireland Social Security Commissioner] shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.

(4)If it appears to [F83a Northern Ireland Social Security Commissioner] that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more experts.

In this subsection “expert” means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

(5)If it appears to the [F89 the Chief Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 F90](or, in the case of his inability to act, to such other of the [F91Northern Ireland Social Security Commissioners] as he may have nominated to act for that purpose) that—

(a)an application for leave under section 6A(6)(c) of this Act, or

(b)an appeal,

falling to be heard by one of the [F91Northern Ireland Social Security Commissioners] involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of two or more [F91Northern Ireland Social Security Commissioners].

If the decision of the tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes are equally divided.

(6)Regulations may make provision with respect to—

(a)the correction of accidental errors in any decision or record of a decision of [F83a Northern Ireland Social Security Commissioner] under this Act; and

(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i)additional evidence is available;

(ii)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the Commissioner; or

(iii)a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

(7)Nothing in subsection (6) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.

(8)Except so far as it may be applied in relation to F92. . . Northern Ireland by regulations, Part 1 of the Arbitration Act 1996 shall not apply to any proceedings under this Act.

(9)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F50Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2

7 Application of Act to past decisions and assessments.E+W+S+N.I.

(1)This Act shall apply in cases where any such decision of the Minister as is referred to in section one, section two, section three or section four of this Act has been made before the passing of this Act, and in cases where any such decision or assessment as is referred to in section five of this Act has been made before that section comes into operation, and no further notification of any such decision or assessment as is referred to in any of the said sections shall be necessary in any such case, but the Minister shall take such steps as he considers necessary to bring the rights of appeal conferred by this Act to the notice of persons affected by any such decision or assessment.

(2)[F94Subject to subsection (2A) of this section,]any decision of the Minister given before the passing of this Act which corresponds, apart from any difference arising from the terms of the Royal Warrant, Order in Council or Order of His Majesty, as the case may be, in force when the decision was made, with such a decision as is referred to in section one of this Act, shall be deemed, for the purposes of this Act, to be such a decision, and an appeal shall lie therefrom accordingly.

[F95(2A)Subsection (2) of this section shall not apply in relation to any decision given by the Minister before the passing of this Act which corresponds, apart from any difference of the kind referred to in that subsection, with such a decision as is referred to in section 1 of this Act in respect of claims made under the scheme referred to in that section.]

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Amendments (Textual)

F94Words in s. 7(2) inserted (E.W.S.) (2.10.1995) by 1995 c. 26, s. 169(3)(a); S.I. 1995/2548, art. 2

F95S. 7(2A) inserted (E.W.S.) (2.10.1995) by 1995 c. 26, s. 169(3)(b); S.I. 1995/2548, art. 2

8 Time limit for appeals.E+W+S+N.I.

(1)No appeal shall be brought [F96to [F97a Pensions Appeal Tribunal for Scotland or Northern Ireland]] under any provision of this Act except subsection (1) of section five unless notice of that appeal is given, in such manner as may be prescribed by rules made under the Schedule to this Act, not later than [F98[F99twelve] months after] the date on which the decision or assessment is notified to the claimant:

F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)No appeal shall be brought [F96to [F97a Pensions Appeal Tribunal for Scotland or Northern Ireland]] under subsection (1) of section five of this Act unless notice of that appeal is given in such manner as may be prescribed by rules made under the Schedule to this Act not later than [F102twelve] months after,—

F103(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the date on which the said subsection comes into operation in relation to the assessment from which the appeal is brought; or

(c)the date on which the said assessment is notified; whichever is the latest of those dates:

F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104(4)The Minister may by regulations F105. . . amend subsections (1) and (3) so as to substitute a different number of months for any number of months specified there.

(5)The Minister may by regulations F105. . . provide that [F97a Pensions Appeal Tribunal for Scotland or Northern Ireland] may, in circumstances prescribed in the regulations, allow an appeal to be brought not later than twelve months after the end of any period limited by this section.

(6)F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F98Words in s. 8(1) substituted (15.11.2000 for specified purposes otherwise 9.4.2001) for s. 8(1)(a)-(c) by 2000 c. 19, s. 58(1) (with ss. 58(3), 83(6)); S.I. 2000/2994, art. 2(4)(a)(b)

F100The provisos to s. 8(1)(3) repealed (9.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IV (with s. 83(6)); S.I. 2000/2994, art. 2(6)

F104S. 8(4)-(6) inserted (15.11.2000 for specified purposes otherwise 9.4.2001) by 2000 c. 19, s. 58(2) (with s. 83(6)); S.I. 2000/2994, art. 2(4)(a)(b)

Modifications etc. (not altering text)

C9S. 8(1) modified (15.11.2000 for specified purposes otherwise 9.4.2001) by 2000 c. 19, s. 58(4) (with s. 83(6)); S.I. 2000/2994, art. 2(4)(a)(b)

9 Notices.E+W+S+N.I.

Any notice given by the Minister under this Act shall be in writing and may be sent by post to the last known or usual place of abode of the claimant or any person authorised to act on his behalf in relation to the claim and, in the case of a notice of a decision from which an appeal lies to the [F107appropriate tribunal], shall specify that fact and the time within which and the manner in which notice of such an appeal must be given.

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Amendments (Textual)

10 Power to modify ss. 1, 2, 3 and 4 of this Act by Order in Council.E+W+S+N.I.

(1)Where any such Royal Warrant, Order in Council [F108, Order of Her Majesty or scheme] as is referred to in section one of this Act or any such scheme as is referred to in section two or section three of this Act is amended or replaced so as to modify or extend the grounds on which awards may be made and to give rise to any issue on which it appears to His Majesty that an appeal ought to lie under the said sections or section four of this Act but does not lie thereunder, he may by Order in Council make such modifications of the said sections or section four of this Act as appear to him to be necessary for the purpose of granting such a right of appeal.

(2)Where any Royal Warrant administered by the Minister provides for the awarding of pensions or other grants to any class of persons on grounds similar to those on which awards may be made under any such Royal Warrant, Order in Council [F108, Order of Her Majesty or scheme]as is referred to in section one of this Act or any such scheme as is referred to in section two or section three of this Act, His Majesty may by Order in Council make such modifications of this Act as appear to him to be necessary for the purpose of extending the rights of appeal thereunder in relation to claims made in respect of persons of the said class.

(3)Every Order in Council made under this section shall be laid before Parliament as soon as may be after it is made, and if an address is presented to His Majesty by either House of Parliament within the period of forty days beginning with the day on which any such Order is laid before it, praying that the Order be annulled, His Majesty in Council may annul the Order and it shall thenceforth become void, but without prejudice to the validity of anything previously done thereunder or to the making of a new Order.

F109F109

(4)Any Order in Council made under this section may be varied or revoked by a subsequent Order in Council.

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Amendments (Textual)

F108Words in s. 10(1)(2) substituted (E.W.S.)(2.10.1995) by 1995 c. 26, s. 169(4); S.I. 1995/2548, art. 2

11 Statutory right to pensions.E+W+S+N.I.

Where the Minister has made an award under any such Royal Warrant, Order in Council, Order of His Majesty or scheme as is referred to in section one, section two or section three of this Act, in respect of the incapacity for work, disablement or death of any person, the person to whom the award has been made shall have a right to receive the sums payable under the award:

Provided that this section shall not affect any condition to which the award or any payment thereunder is subject, or any power of the Minister to vary or revoke the award, or to withhold, reduce or apply any payment thereunder, in accordance with any provision of the Royal Warrant, Order in Council, Order of His Majesty or scheme.

[F11011ARegulationsE+W+S+N.I.

(1)Regulations under section 6A, 6C or 6D of this Act shall be made by the Lord Chancellor.

(2)Where the Lord Chancellor proposes to make regulations under this Act which extend to Scotland, it shall be his duty to consult the Scottish Ministers with respect to the proposal.

(3)Subsections (4) to (7) of section 79 of the Social Security Act 1998 (supplemental provision in connection with powers to make subordinate legislation) apply to any power to make regulations under this Act as they apply to any such power under that Act.

(4)Regulations under this Act shall be made by statutory instrument.

(5)A statutory instrument containing—

(a)regulations under section 5A or 8(4) or (5) of this Act, F111. . .

(b)F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)A statutory instrument containing regulations under this Act (but not containing any such regulations as are referred to in subsection (5) above) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F110S. 11A inserted (21.1.2005 for specified purposes and 22.2.2005 for further specified purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 6; S.I. 2005/116, art. 2, Sch; S.I. 2005/356, art. 2, Schs. 1, 2

12 Interpretation.E+W+S+N.I.

(1)In this Act the following expressions have the meanings hereby respectively assigned to them:—

  • [F112the appropriate tribunal” means the First-tier Tribunal or a Pensions Appeal Tribunal for Scotland or Northern Ireland (and see paragraphs 6 to 6B of the Schedule for determining which of those tribunals hears an appeal under this Act);]

  • detention” and “war injuries” have the same meanings as in the M5Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, as amended by the M6Pensions (Mercantile Marine) Act 1942;

  • F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • civil defence organisation” means any organisation established for civil defence purposes which is declared by a scheme made under the M7Personal Injuries (Emergency Provisions) Act 1939, to be a civil defence organisation for the purpose of the said Act and the scheme;

  • civil defence volunteer” and “war service injury” have the same meanings as in the M8Personal Injuries (Emergency Provisions) Act 1939, as amended by the M9Pensions (Mercantile Marine) Act 1942;

  • F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • His Majesty’s naval, military or air forces” include . . . F116any . . . F116auxiliary service of any of His Majesty’s said forces;

  • injury”, in relation to any such claim as is referred to in section one of this Act, includes wound or disease;

  • [F117Northern Ireland Social Security Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 [F118, and includes a tribunal of Commissioners constituted under section 6D(5) of this Act];]

  • [F119[F120the Minister” means [F121(subject to subsection (1A) below)] the Secretary of State;]]

  • war risk injury” means an injury falling within section one of the M10Pensions (Mercantile Marine) Act 1942, except that, in relation to the persons referred to in subsection (4) of section four of that Act, it means an injury falling within the said section one as amended by the said subsection (4);

  • [F122relevant service” in relation to any claim made under any such Royal Warrant, Order in Council [F123, Order of Her Majesty or scheme] as is referred to in section one of this Act means any service which, under that Royal Warrant, Order in Council [F123, Order or scheme], is relevant for the purposes of that claim.]

[F124(1A)In relation to a claim under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces), references in this Act to the Minister shall be read as references to the person administering the scheme.]

(2)References in this Act to the rejection of a claim or the withholding of an award shall be construed as including references to the cancellation of an award made on a claim.

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Amendments (Textual)

F112S. 12: definition of "the appropriate tribunal" inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 20(a)

F113S. 12: definition of "Chief Commissioner" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 20(b)

F114S. 12: definition of "Commissioner" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 20(c)

F115S. 12: definition of "Great Britain Social Security Commissioner" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 20(d)

F117S. 12(1): definition of 'Northern Ireland Social Security Commissioner' inserted (6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 7(2)(b); S.I. 2005/356, art. 2(2), Sch. 2

F118S. 12: words in definition of "Northern Ireland Social Security Commissioner" inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 20(e)

F119Definition of “the Minister”substituted by S.I. 1981/1541, art. 2

F120S. 12(1): definition of “the Minister” substituted (3.12.2001) by S.I. 2001/3506, art. 5, Sch. para. 1

F121S. 12(1): words in definition of 'The Minister' inserted (6.4.2005) by 2004 c. 32, ss. 5, 8, Sch. 1 para. 7(2); S.I. 2005/356, art. 2(2), Sch. 2

F123Words in s. 12 substituted (E.W.S.)(2.10.1995) by 1995 c. 26, s. 169(5); S.I. 1995/2548, art. 2

Marginal Citations

13 Application to Scotland.E+W+S+N.I.

F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

14 Application to Northern Ireland.E+W+S+N.I.

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

15 Short title and extent.E+W+S+N.I.

(1)This Act may be cited as the Pensions Appeal Tribunals Act 1943.

(2)It is hereby declared that this Act extends to Northern Ireland.

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