The Pensions Appeal Tribunals Act 1943 (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2011

Made9th May 2011

Coming into force9th May 2011

The Secretary of State1, in exercise of the powers conferred by section 5A(2) of the Pensions Appeal Tribunals Act 19432, makes the following Regulations—

In accordance with section 11A(5)(a) of the Pensions Appeal Tribunals Act 19433, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Citation and commencement1

These Regulations may be cited as the Pensions Appeal Tribunals Act 1943 (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2011 and will come into force on 9th May 2011.

Interpretation2

In these Regulations—

“2011 Order” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 20114;
“benefit” means a benefit payable under the 2011 Order5.

Specified decisions capable of appeal3

1

Subject to paragraph (2), the following decisions are specified for the purposes of section 5A(2) of the Pensions Appeal Tribunals Act 1943, that is a decision which—

a

determines whether a benefit is payable;

b

determines the amount payable under an award of benefit; and

c

is issued under article 26(6) (refusal to make a temporary award permanent etc.) or 26(8) (addition of new descriptor) of the 2011 Order, relating to the making of a permanent award.

2

The following decisions are not specified decisions, that is a decision which—

a

makes or arises from the making of an interim award under article 52(1) of the 2011 Order;

b

suspends the payment of an award of benefit;

c

makes or arises from the making of a temporary award under article 26(2) of the 2011 Order;

d

determines whether a fast payment is made under article 27(1) of the 2011 Order;

e

relates to the payment, in whole or in part, of medical expenses under article 28(1) of the 2011 Order.

Revocation4

The following instruments are revoked—

a

The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 20056;

b

The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 20067.

Andrew RobathanParliamentary Under Secretary of StateMinistry of Defence9th May 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Pensions Appeal Tribunals Act 1943 (“the 1943 Act”) allows claimants to appeal to an appropriate tribunal in respect of certain types of decisions made by the Secretary of State which relate to war pensions. This includes a “specified decision” arising from a claim made under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (“the 2011 Order”) (S.I. 2011/517). A “specified decision” is a decision specified by regulations made under section 5A of the 1943 Act.

These Regulations specify the types of decisions made under the 2011 Order which are specified for the purposes of section 5A of the 1943 Act. They re-enact, with modifications, the provisions in the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 (S.I. 2005/1029) which are revoked by regulation 4.