The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005

• Citation: S.I. 2005/1029
• Sections: 3

Section 1 Citation and Commencement

These Regulations may be cited as the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 and shall come into force on 6th April 2005.

Section 2 Interpretation

In these Regulations—

“benefit” means a benefit payable under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 ;

“specified decision” means a decision specified for the purposes of section 5A(2) of the Pensions Appeal Tribunals Act 1943; and

“interim award” means a temporary award of benefit payable for a maximum of two years, where the prognosis for an injury is uncertain and therefore the Secretary of State is unable to decide the appropriate level of benefit.

Section 3 New appeal rights – Armed Forces and Reserve Forces Compensation Scheme

(1) Subject to paragraph (2), a decision which determines—

(a) whether an award of benefit is payable, or

(b) the amount payable under an award of benefit,

is a specified decision.

(2) A decision which—

(a) makes an interim award, or

(b) suspends payment of benefit,

is not a specified decision.