The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Suspension in individual cases – F1. . . [F2an appropriate tribunal]U.K.

61.—(1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of [F3an appropriate tribunal], he may, subject to paragraph (2), direct that payment of a pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.

(2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.

(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.

(4) Subject to paragraph (5), where the pensioner has been given notice within the relevant period that an application for leave to appeal against a decision of [F3an appropriate tribunal] has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.

(5) Where an application for leave to appeal against a decision of [F3an appropriate tribunal] is made to [F3an appropriate tribunal] and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of [F4the appropriate tribunal] refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.

(6) Where, on an appeal against a decision of [F5an appropriate tribunal], [F6a Commissioner or the Upper Tribunal, as the case may be] remits the matter for rehearing and determination by [F5an appropriate tribunal], the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.

(7) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.

(8) In this article—

(a)“appeal” means an appeal under [F7 section 6A ]M1 of the Pensions Appeal Tribunals Act 1943 [F8or, as the case may be, [F9 section 11 ]M2 of the Tribunals, Courts and Enforcement Act 2007 (c.15)]M3;

[F10(b) “ application for leave to appeal ” means an application for leave under section 6A(6) of the Pensions Appeal Tribunals Act 1943 or, as the case may be, section 11 of the Tribunals, Courts and Enforcement Act 2007; ]

[F11(ba) “ appropriate tribunal ” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943; ]

(c)“[F12a] Commissioner” means F13. . . a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 1943 M4

(d)“relevant period” means the period of [F14six weeks] beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Textual Amendments

Marginal Citations

M1Section 6A of the Pensions Appeal Tribunals Act 1943 (c. 39); section 6A was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), and amended by the Transfer of Tribunal Functions Order 2008 S.I. 2008/2833, article 9 and Schedule 3, paragraph 13.

M2Section 11 of the Tribunals, Courts and Enforcement Act 2007 (c.15) provides for the right of appeal from the First-tier Tribunal to the Upper Tribunal.

M31943 c. 39. Section 6(A) has been inserted by the Armed Forces (Pensions and Compensation Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.

M4Section 6D(5) was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.