The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Posthumous notification of, and appeals to Pensions Appeal Tribunals against, decisions of Secretary of State

3.—(1) Where the decision by the Secretary of State of a claim for an award under an instrument mentioned in section 1, 2 or 3 of the Act (appeals to Pensions Appeal Tribunals on entitlement questions) has not been notified to the claimant before his death—

(a) the Secretary of State shall, on becoming aware of that death and the existence and identity of the designated person, notify that person of the decision; and

(b) the designated person may, subject to the following provisions of this Order, bring an appeal under section 1, 2 or as the case may be, 3 of the Act against that decision.

(2) Where the decision by the Secretary of State of such a claim has been notified to the claimant in his life time but the claimant has not appealed against that decision before his death, the designated person may, subject to the following provisions of this Order, bring an appeal under the said section 1, 2 or, as the case may be, 3 as though brought on behalf of the appellant and, without prejudice to the application of article 67A(5) of the Pensions Order or, as the case may be, article 76A(5) of the Civilians Scheme (no award in respect of any period following date of claimant's death), as though the claimant had not died.