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Pensions Appeal Tribunals Act 1943

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This is the original version (as it was originally enacted).

2Appeals against rejection of war pension claims made in respect of mariners, pilots, and c

(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 Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939, as amended by the Pensions (Mercantile Marine) Act, 1042, 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 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 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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