Schedule 1 - Amendments to Pensions Appeal Tribunals Act 1943
Armed Forces
9:15 am
Mr Bill O'Brien (Normanton, Labour)
With this it will be convenient to discuss the following amendments:
No. 20, in
schedule 1, page 5, line 5, at end insert—
'( ) (1) Section 1 (Appeals against rejection of war pension claims made in respect of members of the naval, military or air forces) is amended as follows.
(2) After subsection (3) there is inserted—
''(3ZA) Where the Minister has received notification from the claimant of the claimant's wish to appeal whether or not that notification was received before the Minister notified the claimant of his decision under—
(a) this section, or
(b) a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces)
the appeal shall lie to the Tribunal.''
( ) (1) Section 2 (Appeals against rejection of war pension claims made in respect of mariners, pilots, etc) is amended as follows.
(2) After subsection (2) there is inserted—
''(3) Where the Minister has received notification from the claimant of the claimant's wish to appeal whether or not that notification was received before the Minister notified the claimant of his decision under—
(a) this section; or
(b) a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces)
the appeal shall lie to the Tribunal.''.'.
No. 17, in
schedule 1, page 5, line 15, at end insert—
'(4) After subsection (2) there is inserted—
''(2A) A member of the Armed Forces may elect to have an appeal of a claim under this section considered by the Pensions Appeal Tribunal without the claim having first been referred to any Internal Dispute Resolution Process established under the Armed Forces (Pensions and Compensation) Act 2004.''.'.
No. 19, in
schedule 1, page 5, line 15, at end insert—
'( ) After section 3 there is inserted—
''3A Retention of Right to Appeal
(1) Where the Minister accepts any claim under—
(a) sections 1, 2 or 3 of this Act; or
(b) a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces)
the claimant retains the right of appeal to the Pensions Appeal Tribunal.
(2) Any appeal under subsection (1) above may consider the level of tariff attributable to the claim.''.'.