2006 No. 2893
The Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006
Made
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 5A(2) of the Pensions Appeal Tribunals Act 19431 and now vested in him2;
In accordance with section 11A(5) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006 and shall come into force on the day after the day on which they are made or on 26th July 2006, whichever is the later.
2
In these Regulations “the principal Regulations” means the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 20013 and, except where the context otherwise requires, a reference to a numbered regulation or Schedule, is a reference to the regulation or Schedule in the principal Regulations which bears that number.
Amendments2
The amendments to the principal Regulations set out in the Schedule to these Regulations shall have effect.
SCHEDULEAmendments to the principal Regulations
Amendment to the principal Regulations – regulation 21
In regulation 2, after the definition of “the Service Pensions Order”, there shall be inserted—
“the 2006 Service Pensions Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;4
Amendment to the principal Regulations – regulation 32
After regulation 3, there shall be inserted, as regulation 3A—
New appeal rights: the 2006 Service Pensions Order3A
1
Each decision—
a
which is made in exercise of any provision of the 2006 Service Pensions Order listed in Schedule 1A; and
b
which—
i
refuses or discontinues an award;
ii
establishes or varies the amount of an award; or
iii
establishes or varies the date from which an award has effect,
shall be a specified decision.
2
Any decision as to the amount to be deducted from an award by virtue of any of the following provisions of the 2006 Service Pensions Order—
a
article 50 (payment of public claims out of pensions);
b
article 52 (adjustment of awards in respect of other compensation); or
c
article 56 (abatement of awards in respect of social security benefits),
shall be a specified decision.
Amendment to the principal Regulations – new Schedule 1A3
After Schedule 1, there shall be inserted, as Schedule 1A, the following new Schedule—
SCHEDULE 1AThe 2006 Service Pensions Order: List of Provisions
Article
8
Constant attendance allowance
9
Exceptionally severe disablement allowance
10
Severe disablement occupational allowance
11
Clothing allowance
12
Unemployability allowance
13
Invalidity allowance
14
Comforts allowance
15
Allowance for lowered standard of occupation
16
Age allowance
17
Treatment allowance
18
Abstention from work following treatment in a hospital or similar institution
19
Part-time treatment allowance
20
Mobility Supplement
23(2)
Supplementary pension to surviving spouses and surviving civil partners of members of the armed forces whose service terminated before 31st March 1973
24
Pensions to dependants who lived as spouses and dependants who lived as civil partners
25
Rent allowance to surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners, who have children
26
Elderly persons allowance
27
Temporary allowances
28
Allowances for children under the child’s age limit
29
Pensions for orphans under the child’s age limit
30
Award for children who have attained the child’s age limit
31
Awards to or in respect of ineligible members of the families of unemployable pensioners
32
Funeral expenses
33
Relationships subsequent to the award of pension
46 and Schedule 3
Commencing dates of awards
53
Maintenance in a hospital or an institution
54
Chelsea pensioners
55
Children whose maintenance is otherwise provided for
57
Forfeiture of pensions etc.
58
Refusal of treatment
59
Serious negligence or misconduct
60
Failure to draw pension
66
Cancellation – failure to comply with request
71(2) and Schedule 4
Revocations, general and transitory provisions
(This note is not part of the Regulations)