Appeals to the Northern Ireland Pensions Appeal Commissioners
| Author | Andrew Bano |
| Pages | 279-284 |
Chapter 33
Appeals to the Northern Ireland Pensions Appeal Commissioners
33.1 Appeals in Northern Ireland against decisions of the Pensions Appeal Tribunal in entitlement and specified decision cases (including armed forces compensation appeals) are dealt with by the Social Security Commissioners in Northern Ireland, who are referred to as Pensions Appeal Commissioners when exercising this jurisdiction. These appeals are governed by the Pensions Appeal Commissioners (Procedure) (Northern Ireland) Regulations 2005
RENEWING AN APPLICATION FOR LEAVE TO APPEAL
33.2 If an application for permission to appeal to the Pensions Appeal Commissioners has been refused by the Pensions Appeal Tribunal, the application may be renewed to the Pensions Appeal Commissioners, but the application must be made to the Pensions Appeal Tribunal first. Under regulation 8 of the Pensions Appeal Commissioners Procedure Regulations, the application must be made within 1 month of the date on which notice of the refusal of leave to appeal or rejection of the application was sent to the appellant, but there is power to extend the time if the appellant failed to seek leave to appeal from the tribunal in time, but did so within 13 months from the date when the decision or statement of reasons was sent to the applicant, provided that there are special reasons for doing so.
33.3 Under regulation 9 of the Pensions Appeal Commissioners Procedure Regulations, the application for leave to appeal must be in writing and give the following information:
280 War Pensions and Armed Forces Compensation – Law and Practice
(a) the name and address of the applicant;
(b) the grounds on which the applicant intends to rely;
(c) if the application is made late, the grounds for seeking late acceptance; and ͒
(d) an address for sending notices and other documents to the applicant.
The applicant must send with the application copies of:
(a) the decision against which leave to appeal is sought;
(b) if separate, the written statement of the appeal tribunal’s reasons for it; and
(c) the notice of refusal or rejection sent to the applicant by the appeal tribunal. ͒
If an application for leave to appeal is made by the Secretary of State, the claimant must be sent a copy of the notice of application and any documents sent with it when they are sent to the Commissioners.
33.4 Under regulation 10(1) of the Pensions Appeal Commissioners Procedure Regulations, when the application for leave to appeal has been determined, the parties must be sent written notice of the determination. If leave to appeal is given, the notice of application for leave to appeal is treated as the appeal and the appeal...
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