Pensions Appeal Tribunals Act 1943

JurisdictionUK Non-devolved
Citation1943 c. 39


Pensions Appeal Tribunals Act, 1943

(6 & 7 Geo. 6.) CHAPTER 39.

An Act to provide for the bringing of appeals against the rejection by the Minister of Pensions on certain grounds of claims in respect of incapacity for work, disablement or death arising out of the war and against certain other decisions of the Minister of Pensions affecting awards in respect of such claims; to give a statutory right to sums payable under such awards; and for purposes connected with the matters aforesaid.

[5th August 1943]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Appeals against rejection of war pension claims made in respect of members of the naval, military or air forces.

1 Appeals against rejection of war pension claims made in respect of members of the naval, military or air forces.

(1) Where any claim in respect of the disablement of any person made under any such Royal Warrant, Order in Council or Order of His Majesty as is administered by the Minister is rejected by the Minister on the ground that the injury on which the claim is based—

(a ) is not attributable to war service; and

(b ) does not fulfil the following conditions, namely, that it existed before or arose during war service and has been and remains aggravated thereby;

the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to a Pensions Appeal Tribunal constituted under this Act (hereafter in this Act referred to as ‘the Tribunal’) on the issue whether the claim was rightly rejected on that ground.

(2) Where, for the purposes of any such claim as aforesaid, the injury on which the claim is based is accepted by the Minister as fulfilling the conditions specified in paragraph (b ) of the last foregoing subsection but not as attributable to war service, the Minister shall notify the claimant of his decision, specifying that the injury is so accepted, and thereupon an appeal shall lie to the Tribunal on the issue whether the injury was attributable to such service.

(3) Where any claim in respect of the death of any person made under any such Royal Warrant, Order in Council or Order of His Majesty as aforesaid is rejected by the Minister on the ground that neither of the following conditions is fulfilled, namely—

(a ) that the death of that person was due to or hastened by an injury which was attributable to war service;

(b ) that the death was due to or hastened by the aggravation by war service of an injury which existed before or arose during war service;

the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the Tribunal on the issue whether the claim was rightly rejected on that ground.

(4) Where, in connection with the determination, for the purposes of any such claim as is referred to in the foregoing provisions of this section, of—

(i) the date by reference to which the rank of the disabled or deceased person is to be determined, or

(ii) in the case of a claim by or in respect of a widow, widower, wife, husband or child, the date before which any marriage or any birth, legitimation or adoption of a child must have taken place,

it is contended that, as the result of a particular period of war service, the disabled or deceased person suffered aggravation of the injury on which the claim is based, being aggravation which in the case of death persisted until death, the Minister shall, if he rejects the said contention, notify the claimant of his decision, and thereupon an appeal shall lie to the Tribunal on the issue whether, as a result of such service during that period, the disabled or deceased person suffered such aggravation.

S-2 Appeals against rejection of war pension claims made in respect of mariners, pilots, &c. 2 & 3 Geo. 6. c. 83.

2 Appeals against rejection of war pension claims made in respect of mariners, pilots, &c. 2 & 3 Geo. 6. c. 83.

(1) Where any claim in respect of the disablement or death of any person made under any scheme made under section three, section four or section five of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939, as amended by the Pensions (Mercantile Marine) Act, 1942 , is rejected by the Minister on either or both of the following grounds, namely—

(a ) that the disablement or death of the said person is not directly attributable to a war injury, war risk injury or detention;

(b ) that the case is not one in which—

(i) the said person is to be treated for the purpose of the said section three as having sustained the injury or suffered the detention by reason of his service as a mariner in a British ship; or

(ii) the said person is to be treated for the purpose of the said section four as having sustained the injury or suffered the detention by reason of his service; or

(iii) the injury was sustained in the circumstances specified in a scheme made under the said section five or the detention was caused by reason of his service in a ship forming part of His Majesty's navy;

the Minister shall notify the claimant of his decision, specifying the ground or grounds of the rejection, and thereupon an appeal shall lie to the Tribunal on the issue whether the claim was rightly rejected on that ground or those grounds.

(2) Where the Minister rejects any such claim as aforesaid on one of the grounds specified in the last foregoing subsection and an appeal is brought from his decision,—

(a ) the Minister may notify the appellant before the hearing of the appeal that he also rejects the said claim on the other ground so specified, and thereupon the Tribunal shall treat the appeal as an appeal on the issue whether the claim was rightly rejected on both the said grounds;

(b ) unless the Minister notifies the appellant as aforesaid, he shall not be entitled, if the appeal is allowed, subsequently to reject the said claim on the said other ground.

S-3 Appeals against rejection of war pension claims made in respect of civil defence volunteers and other civilians.

3 Appeals against rejection of war pension claims made in respect of civil defence volunteers and other civilians.

(1) Where any claim in respect of the incapacity for work, disablement or death of any person made under any scheme made under section one of the Personal Injuries (Emergency Provisions) Act, 1939 , is rejected by the Minister on the ground that the incapacity for work or the disablement was not caused by, or the death was not the direct result of, a war injury, or, in the case of a civil defence volunteer, a war service injury, the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the Tribunal on the issue whether the claim was rightly rejected on that ground.

(2) Where an appeal is brought under the last foregoing subsection in any case where the Minister has refused to certify an injury sustained by a civil defence volunteer as a war service injury or has revoked such a certificate, the Tribunal shall consider whether it is a physical injury (as defined by section five of the Pensions (Mercantile Marine) Act, 1942) which arose out of and in the course of the performance by the volunteer of his duties as a member of the civil defence organisation to which he belonged at the time when the injury was sustained, and (except in the case of a war injury), did not arise out of and in the course of his employment in any other capacity, and if they decide that question in the affirmative, the injury shall be deemed for the purposes of the Personal Injuries (Emergency Provisions) Act, 1939, and any scheme made thereunder to have been certified by the Minister as a war service injury.

S-4 Appeals in cases where award is withheld or reduced on ground of serious negligence or misconduct.

4 Appeals in cases where award is withheld or reduced on ground of serious negligence or misconduct.

(1) Where, in the case of any such claim as is referred to in section one, section two or section three of this Act in respect of the incapacity for work, disablement or death of any person, the Minister withholds or reduces the award on the ground that the injury or detention on which the claim is based was caused or contributed to by the serious negligence or misconduct of the said person or, as the case may be, that his death was so caused or contributed to, the Minister shall notify the claimant of his decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the Tribunal on the issue whether the injury or detention or, as the case may be, the death was so caused or contributed to.

(2) Where an appeal is brought under this Act on any of the issues specified in section one, section two or section three, and the Minister notifies the appellant before the hearing of the appeal that, if the appeal is allowed, he intends to withhold or reduce the award on the ground specified in the last foregoing subsection, the Tribunal shall, if they allow...

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