2005 No. 1029
The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005
Made
Coming into force
The Secretary of State1, in exercise of the powers conferred upon him by section 5A of the Pensions Appeal Tribunals Act 19432 hereby makes the following Regulations, a draft of which was laid before Parliament in accordance with section 11A(5) of that Act3 and approved by resolution of each House of Parliament.
Citation and Commencement1
These Regulations may be cited as the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 and shall come into force on 6th April 2005.
Interpretation2
In these Regulations—
“benefit” means a benefit payable under section 1(2) of the Armed Forces (Pensions and Compensation) Act 20044;
“specified decision” means a decision specified for the purposes of section 5A(2) of the Pensions Appeal Tribunals Act 1943; and
“interim award” means a temporary award of benefit payable for a maximum of two years, where the prognosis for an injury is uncertain and therefore the Secretary of State is unable to decide the appropriate level of benefit.
New appeal rights – Armed Forces and Reserve Forces Compensation Scheme3
1
Subject to paragraph (2), a decision which determines—
a
whether an award of benefit is payable, or
b
the amount payable under an award of benefit,
is a specified decision.
2
A decision which—
a
makes an interim award, or
b
suspends payment of benefit,
is not a specified decision.
(This note is not part of the Regulations.)