The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 (“the 2005 Regulations”) in the manner described below.

The Pensions Appeal Tribunals Act 1943 (“the 1943 Act”) permits a claimant to appeal to a Pensions Appeal Tribunal against certain types of decisions made by the Secretary of State relating to war pensions, or to payments made under the compensation scheme established by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (“the 2005 Order”). Included within the category of decisions which may be appealed to a Pensions Appeal Tribunal are decisions specified by regulations made under section 5A of the 1943 Act (referred to as “specified decisions”). The 2005 Regulations were made under section 5A of the 1943 Act and define which decisions made under the 2005 Order are “specified decisions” and which are not.

The 2005 Order contains, at Schedule 4, a tariff listing the injuries in respect of which compensation may be awarded. Article 20 of the 2005 Order provides that, where an individual appears to be suffering from an injury which is not listed on the tariff and where certain other conditions are met, the Secretary of State shall make a temporary award in the individual’s favour. If the Secretary of State amends the tariff to include reference to the injury within a certain period then a permanent award will be made. If he does not so amend the tariff then no permanent award will be made.

These Regulations amend the 2005 Regulations so that they provide that a decision by the Secretary of State which determines whether a permanent award of compensation is made is a “specified decision”, which decision consequently attracts a right of appeal. These Regulations also amend the 2005 Regulations so that they provide that a decision by the Secretary of State which determines whether a temporary award should be made is not a “specified decision”, which decision does not therefore attract a right of appeal.

A regulatory impact assessment has not been produced for this instrument as it has no significant impact on the costs of business, charities or voluntary bodies.