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

• Citation: S.I. 2011/1240
• Sections: 4

Section 1 Citation and commencement

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.

Section 2 Interpretation

In these Regulations—

“ 2011 Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ;

“benefit” means a benefit payable under the 2011 Order .

Section 3 Specified decisions capable of appeal

(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.

Section 4 Revocation

The following instruments are revoked—

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

(b) The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 .