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—
- i
an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act; or
- 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:
- 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
- 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.