Amendment to the Social Security Commissioners (Procedure) Regulations 19992

In regulation 4(1)—

a

before the definition of “the 1998 Act”, insert—

  • “the 1943 Act” means the Pensions Appeal Tribunals Act 19439;

b

for the definition of “appeal tribunal” substitute—

  • “appeal tribunal” means—

    1. i

      an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act; or

    2. ii

      a Pensions Appeal Tribunal;

c

in the definition of “authorised officer”, after “the 1998 Act” insert “or section 6D(2) of the 1943 Act”;

d

in paragraph (ii) of the definition of “the chairman”, after “the 1998 Act” insert “, section 6A of the 1943 Act”;

e

for the definition of “Commissioner” substitute—

  • “Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act, and includes a tribunal of:

    1. i

      three or more Commissioners constituted under section 16(7) of the 1998 Act or paragraph 10(5) of Schedule 7 to the 2000 Act; and

    2. ii

      two or more Commissioners constituted under section 6D(5) of the 1943 Act or section 16(7) of the 1998 Act;

f

in the definition of “respondent”, at the end of paragraph (iii) insert—

,

iv

in the case of an application or appeal under the 1943 Act, the person with a right to appeal under section 6A(2) of that Act other than the applicant or appellant

g

after paragraph (2) insert—

3

A Commissioner is to be known as a “Pensions Appeal Commissioner”—

a

where an application or appeal is made to a Commissioner under the 1943 Act;

b

in respect of the determination of a forfeiture rule question, where the relevant enactment for the purposes of section 4(5) of the Forfeiture Act 1982 is—

i

the Personal Injuries (Emergency Provisions) Act 193910;

ii

the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 193911;

iii

the Polish Resettlement Act 194712; or

iv

the Armed Forces (Pensions and Compensation) Act 200413.