F91 Administration of pensions, &c. under Injuries in War (Compensation) Acts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

C23 Extension of power to pay pensions in advance. C1

1

Notwithstanding anything in any Act, Order in Council, Royal Warrant, or other order to the contrary, any pension administered by or under the authority of the Minister of Pensions, the Army Council, or the Air Council may, in special circumstances, be issued in advance for such period not exceeding six months, and subject to such conditions as may be prescribed by rules made by the Minister of Pensions, the Army Council, or the Air Council, as the case may be, with the approval of the Treasury.

2

Nothing in this section shall affect any other right of issuing pensions in advance.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

7 Statutory right to pensions.

Every officer or man suffering from a disability attributable to or aggravated by naval, military, or air force service during the present war, and not due to his serious negligence or misconduct, shall be entitled to receive such pension, gratuity, or allowance as shall be awarded by the Minister of Pensions under any Warrant or Order in Council in respect of such disability, and for the payment whereof money shall have been provided by Parliament; but the award of any such pension, gratuity, or allowance shall be subject to the conditions contained in the Warrant or Order in Council.

8C3 Appeals F10. . .

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3where the claim of the widow or F8surviving civil partner or the orphan,F4parent or dependant of an officer or man under any such Royal Warrant or Order in Council is rejected on the ground

i

that the death of the officer or man was not due to, or that the disease from which he died was not attributable to or aggravated by, such service, nor, in the case of a man, contracted or commenced while he was on active service, or

ii

that the death of the officer or man was due to his serious negligence or misconduct,

an appeal shall lie to F11the appropriate tribunal, whose decision shall be final (subject, in the case of a decision of the First-Tier Tribunal, to provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007).

F121A

For the purposes of subsection (1) above “the appropriate tribunal” means—

a

in relation to England and Wales, the First-tier Tribunal;

b

in relation to Scotland, a Pensions Appeal Tribunal for Scotland established under this section; and

c

in relation to Northern Ireland, a Pensions Appeal Tribunal for Northern Ireland established under this section.

C42

Pensions Appeal Tribunals shall be established for F13Scotland and Northern Ireland, in accordance with the provisions of the Schedule to this Act. The provisions of that Schedule shall have effect in relation to the constitution, jurisdiction and procedure F14of those tribunals.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

9 Extension of Acts.

Unless the context otherwise requires—

  • . . . F7

  • The provisions of the M1Naval and Military War Pensions, &c., Act, 1915, and any Act amending the same, including this Act, which are applicable to officers, shall extend so as to be applicable to nurses; and, accordingly in those Acts any reference to officers shall be construed as including a reference to nurses.

10 Short title.

This Act may be cited as the War Pensions (Administrative Provisions) Act, 1919, and the War Pensions Acts, 1915 to 1918, and this Act may be cited together as the War Pensions Acts, 1915 to 1919.