The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Suspension – Social Security Commissioner [F1 and Upper Tribunal] U.K.

62.—(1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of [F2 a] Commissioner under section 6C of the Pensions Appeal Tribunals Act 1943 [F3 or, as the case may be, the Upper Tribunal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)]M1 , he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.

(2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.

(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given or sent notice in writing that an application for leave to appeal has been made against that decision.

(4) Where the pensioner has been given or sent notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.

(5) Where an application for leave to appeal against a decision of [F2 a] Commissioner is made under section 6C of the Pensions Appeal Tribunals Act 1943 [F3 or, as the case may be, the Upper Tribunal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)] and that application is refused, the suspension shall cease unless the Secretary of State, within the period of 28 days beginning with the date on which notice in writing of the decision under that section refusing leave to appeal is received by him, applies to the appropriate court for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal has been determined.

(6) In this article—

(a) “appeal” means an appeal under section 6C of the Pensions Appeal Tribunals Act 1943 [F4 or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)];

(b) “application for leave to appeal” means an application for leave to appeal under section 6C(2) of [F5 the Pensions Appeal Tribunals Act 1943 or an application for permission to appeal under section 13(4) of the Tribunals, Courts and Enforcement Act 2007 (c.15)];

(c) “appropriate court” means—

(i) in England, Wales and Northern Ireland, the Court of Appeal or, in Scotland, the Inner House of the Court of Session,

(ii) the House of Lords;

(d) “relevant period” means the period of 6 weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State;

(e) “ [F6 a] Commissioner” has the same meaning as in article 61.

Textual Amendments

F1 Words in art. 62 heading inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(a)

F2 Words in art. 62(1)(5) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(b)(i)

F3 Words in art. 62(1)(5) inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(b)(ii)

F4 Words in art. 62(6)(a) inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(c)(i)

F5 Words in art. 62(6)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(c)(ii)

F6 Words in art. 62(6)(e) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(c)(iii)

Marginal Citations

M1 Section 6C was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.