Chronically Sick and Disabled Persons Act 1970

23 War pensions appeals. U.K.

(1) The M1 Pensions Appeal Tribunals Act 1943 shall have effect with the amendments specified in the subsequent provisions of this section.

(2) In section 5—

(a) so much of subsection (1) as prevents the making of an appeal from an interim assessment of the degree of a disablement before the expiration of two years from the first notification of the making of an interim assessment (that is to say, the words from “if” to “subsection” where first occurring, and the words “in force at the expiration of the said period of two years”) is hereby repealed except in relation to a claim in the case of which the said first notification was given before the commencement of this Act;

(b) in second paragraph of subsection (1) (which defines “interim assesment”for the purposes of that subsection), for the words “this subsection” there shall be substituted the words “this section”;

(c) in subsection (2) (which provides for an appeal to a tribunal from a Ministerial decision or assessment purporting to be a final settlement of a claim) at the end there shall be added the words “and if the Tribunal so set aside the Minister’s decision or assessment they may, if they think fit, make such interim assessment of the degree or nature of the disablement, to be in force until such a date not later than two years after the making of a Tribunal’s assessment, as they think proper”;

(d) subsection (3) (which makes provision as to the coming into operation of section 5) is hereby repealed.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In consequence of the M2 Secretary of State for Social Services Order 1968, in section 12(1), for the definition of “the Minister” there shall be substituted the following:—

““the Minister”means the Secretary of State for Social Services”.

(6) This section extends to Northern Ireland.

Textual Amendments

F1 S. 23(3)(4) repealed (6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), s. 8, Sch. 3; S.I. 2005/356, art. 2(2), Sch. 2; S.I. 2005/356, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C1 The text of s. 23(2)(b)—(d)(3) and (4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1943 c. 39.

M2 S.I. 1968/1699.