The Pensions Appeal Tribunals (Late Appeals) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to war pensions, and the circumstances in which a Pensions Appeal Tribunal may, under the Pensions Appeal Tribunals Act 1943 (“the 1943 Act”), hear a late appeal against a decision by the Secretary of State.

The time limits for the bringing of an appeal are provided for in section 8(1) of the 1943 Act, as amended by section 58 of the Child Support, Pensions and Social Security Act 2000. The time limit is 6 months for decisions on or after 9th April 2001, 12 months for assessment decisions made before that date and 12 months from April 2001 for entitlement decisions made before that date.

These Regulations provide that a late appeal may be brought within a year of the expiry of the statutory time limit in certain circumstances (regulation 4). These are where the delay has been caused by serious illness of the claimant or a member of the claimant’s family, postal disruption, failure of the Secretary of State to notify the decision or where a claimant has suffered exceptional circumstances which prevented the bringing of an appeal within the time limit.

These Regulations do not impose a charge on business.