(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.
Textual Amendments
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
F2Words substituted by Pensions Appeal Tribunals Act 1949 (c. 12), s. 1(1)
F3Words in s. 1(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 5(a)
F4Words in s. 1(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 5(b)
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
F6Words in s. 1(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 5(b)
F8Word in s. 1(3A) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), ss. 1(1), 2(1), Sch. 1 Pt. 11
F9Words substituted by Pension Appeals Tribunals Act 1949 (c. 12, SIF 101A:3), s. 1(1)
F10Words in s. 1(3A) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 5(b)
F11Words in s. 1(4)(ii) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 257, 263, Sch. 26 para. 15(a); S.I. 2005/1375, art. 2(1), Sch. 1
F12Words in s. 1(4)(ii) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 257, 263, Sch. 26 para. 15(b); S.I. 2005/1375, art. 2(1), Sch. 1
F13Words in s. 1(4)(ii) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 257, 263, Sch. 26 para. 15(c); S.I. 2005/1375, art. 2(1), Sch. 1
F14Words in s. 1(4)(ii) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 257, 263, Sch. 26 para. 15(d); S.I. 2005/1375, art. 2(1), Sch. 1
F15Words in s. 1(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 5(b)
Modifications etc. (not altering text)
C1S. 1 restricted by Pensions Appeal Tribunals Act 1949 (c. 12), s. 1(2); extended by ibid., s. 2
C2S. 1amended by S.I. 1980/1082, arts. 3, 5