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Child Support, Pensions and Social Security Act 2000

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This is the original version (as it was originally enacted).

57Rights of appeal

This section has no associated Explanatory Notes

(1)After section 5 of the [1943 c. 39.] Pensions Appeal Tribunals Act 1943 there shall be inserted—

5AAppeals in other cases

(1)Where, in the case of any such claim as is referred to in section 1, 2 or 3 of this Act, the Minister makes a specified decision—

(a)he shall notify the claimant of the decision, specifying the ground on which it is made, and

(b)thereupon an appeal against the decision shall lie to the Tribunal on the issue whether the decision was rightly made on that ground.

(2)For the purposes of subsection (1), a “specified decision” is a decision (other than a decision which is capable of being the subject of an appeal under any other provision of this Act) which is of a kind specified by the Minister in regulations made by statutory instrument.

(3)Regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(2)In subsection (2) of section 6 of that Act (further appeals to High Court in cases of appeals brought under sections 1 to 4), for the words from “section one” to “four” there shall be substituted “sections 1, 2, 3, 4 or 5A”.

(3)In subsection (2A) of that section (setting aside of decisions of Tribunal on appeals under sections 1, 2, 3 or 4), for “or 4” there shall be substituted “, 4 or 5A”.

(4)Section 1(2) of the [1949 c. 12.] Pensions Appeal Tribunals Act 1949 (no right of appeal against rejection of claims relating to service before 3rd September 1939) shall cease to have effect.

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