163.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Pension Board—
(a)does not admit the claim at all; or
(b)does not admit the claim to its full extent,
the Pension Board shall reconsider the case if he applies to it to do so.
(2) If a person is dissatisfied with any determination given by the Pension Board on reconsidering the case he may, within 2 months of being informed by the Pension Board of the decision, appeal to the Department against the decision of the Pension Board.
(3) The Department shall, unless it appears to it that the case is of such a nature that it can properly be determined without taking oral evidence, arrange for the hearing of the appeal, and at any such hearing the appellant shall be entitled to have an opportunity of submitting statements relating to the subject matter of the appeal, calling witnesses, giving evidence and making such representations as he desires, and shall be entitled to have the assistance in presenting his case of a person selected by himself.
(4) After considering in accordance with the foregoing provisions of this regulation all the circumstances of the case the Department shall either allow the claim to such extent as it thinks fit or dismiss the appeal.
(5) Nothing in this paragraph shall authorise the Department to:-
(a)control or restrict the exercise of any discretion which is by this Scheme vested in the Pension Board other than the discretion so vested by the following;
(i)Subject to sub-paragraph (iv), in the circumstances specified in sub-paragraph (ii), the Pension Board may withdraw a pension in whole or in part, and permanently or temporarily as it may specify.
(ii)The circumstances are—
(aa)that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within sub-paragraph (iii), and in the case of a pension under Part C of the FPS that the offence was committed after the death on which the pensioner became entitled to it; or
(bb)that the pensioner has been convicted of an offence committed in connection with his service as a member of the fire and rescue service which is certified by a Minister of the Crown either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.
(iii)The offences mentioned in sub-paragraph (ii)(aa) are—
(aa)an offence of treason; and
(bb)one or more offences under the Official Secrets Act 1911 to 1989 M1 for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.
(iv)In determining whether the withdrawal of a pension should—
(aa)be permanent or temporary; and
(bb)affect the pension in whole or in part,
the Pension Board may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion may not be withdrawn permanently and may only be withdrawn temporarily for a period ending before the pensioner attains state pensionable age or one during which he is imprisoned or otherwise detained in legal custody.
(v)The Pension Board may, to such extent as it thinks fit—
(aa)apply for the benefit of any dependant of the pensioner's; or
(bb)restore to the pensioner'
so much of any pension as has been withdrawn under this regulation.
(b)reopen any medical issue decided on appeal under regulation 162; or
(c)question any certificate as to pensionable service which has become conclusive and states that if he does not appeal, the certificate as supplied, and if he does appeal, the certificate as confirmed or varied, is conclusive as to the pensionable service he was entitled to reckon on the material date.
(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.
Marginal Citations