Pensions Appeal Tribunals (England and Wales) Rules 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1120 |
| Year | 1980 |
1980 No. 1120 (L. 14)
PENSIONS
The Pensions Appeal Tribunals (England and Wales) Rules 198024thJuly 1980
8thAugust 1980
1stSeptember 1980
ARRANGEMENT OF RULES
1. Citation and commencement.
2. Interpretation.
3. Persons by whom appeals may be brought.
4. Method of appealing.
5. Statement of Case and answer.
6. Disclosure of official documents and information.
7. List of cases for hearing.
8. Date for hearing.
9. Withdrawal of appeal.
10. Appeal not prosecuted.
11. Representation of the appellant and the Secretary of State.
12. Evidence.
13. Procedure at hearing.
14. Adjournment for further information or evidence.
15. Power of tribunal to take expert advice.
16. Adjourned hearings.
17. Medical examination of appellant.
18. Decision of the tribunal.
19. Recording and proof of decisions.
20. Appeal in absence of appellant.
21. Appellant unable to attend tribunal through infirmity.
22. Medical evidence injurious to the appellant.
23. Appellant resident overseas.
24. Death of appellant before hearing.
25. Appeal to High Court on point of law.
26. Deferred list cases.
27. Payment of fees, expenses, etc.
28. Expenses of appeals to High Court.
29. Expenses of applications under section 6(2A) of the Act.
30. Claims for expenses.
31. Provision for interpreters in Welsh language.
32. Interlocutory applications for directions.
33. Extension of time.
34. Notices, etc.
35. Sittings of the tribunal.
36. Evidence on oath.
37. Irregularities.
38. Acting President.
39. Revocations.
Schedule 1 Forms.
Schedule 2 Rules Revoked.
The Lord Chancellor, in exercise of the powers conferred on him by section 6(2B) and paragraph 5 of the Schedule to the Pensions Appeal Tribunals Act 1943(a) as amended by the Social Security Act 1980(b) and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971(c), hereby makes the following Rules:—
Citation and commencement
1. These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) Rules 1980 and shall come into operation on 1st September 1980.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires—
(a) "the Act" means the Pensions Appeal Tribunals Acts 1943 and 1949(d);
(b) "appeal" includes an entitlement appeal and an assessment appeal;
(c) "appellant" means the person by whom or on whose behalf the appeal is brought;
(d) "assessment appeal" means an appeal brought under section 5 of the Act;
(e) "entitlement appeal" means an appeal brought under section 1, 2, 3 or 4 of the Act;
(f) "notice of appeal" means notice of an appeal given to the Secretary of State in the manner prescribed by these Rules;
(g) "patient" means a person who, by reason of mental disorder within the meaning of the Mental Health Act 1959(e), is incapable of managing and administering his property and affairs;
(h) "Pensions Appeal Office" means the office of the Pensions Appeal Tribunals at its address in London;
(i) "the President" means the person appointed by the Lord Chancellor to be President of the Pensions Appeal Tribunals;
(j) "the Secretary of State" means the Secretary of State for Social Services;
(k) "tribunal" means a Pensions Appeal Tribunal.
(2) Unless the context otherwise requires, any reference in these Rules to a numbered rule or schedule is a reference to the rule or schedule so numbered in these Rules.
(3) In these Rules a form referred to by number means the form so numbered in Schedule 1 or a form as near thereto as circumstances permit.
Persons by whom appeals may be brought
3.—(1) Subject to the provisions of this Rule—
(a) an entitlement appeal shall be brought by the person in respect of whose claim the Secretary of State has given the decision against which the appeal lies; and
(b) an assessment appeal shall be brought by the person in respect of whose claim the Secretary of State has made the interim assessment, final decision, or final assessment against which the appeal lies.
(a) 1943 c. 39.
(b) 1980 c. 30.
(c) 1971 c. 62.
(d) 1949 c. 12.
(e) 1959 c. 72.
(2) Where the person mentioned in paragraph (1) above has died, an appeal may be brought or carried on by a designated person in the circumstances set out in the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980(a).
For the purpose of these Rules, the expression "designated person" shall have the same meaning as it bears in Article 67A(1)(b) and (2) of the Naval, Military and Air Forces, etc. (Disablement and Death) Services Pensions Order 1978(b) and in Article 76A(1)(b) and (2) of the Personal Injuries (Civilians) Scheme 1976(c).
(3) Where an appeal is brought or carried on in accordance with paragraph (2) above, these Rules shall apply as if—
(a) references to the bringing or commencement of an appeal included the carrying on of an appeal; and
(b) references to the appellant included, as the case may be, a reference to the person in respect of whose claim the appeal was brought or the designated person.
(4) Where the person by whom an appeal may be brought is under the age of 16, or is prevented by mental or physical infirmity from acting on his own behalf, the appeal shall be brought by some other person acting for him.
(5) Where an appeal is brought by a person acting on behalf of another, that person may take all such steps and do all such things for the purposes of the appeal as an appellant is by these Rules required or authorised to take or do.
(6) An appeal on behalf of, or in respect of, the estate of a minor or patient may be brought notwithstanding that a next friend, receiver or committee has not been appointed.
Method of appealing
4.—(1) An appeal to a tribunal shall be commenced by a notice of appeal to the Secretary of State on whichever of the forms of notice of appeal set out in Schedule 1 is appropriate:
Provided that where a person who is desirous of commencing an assessment appeal has signified to the Secretary of State his intention to appeal by a prepaid letter sent to the Secretary of State before the time for commencing the appeal has expired, and the appropriate form of notice of appeal is sent to the Secretary of State within six weeks after the form was sent by the Secretary of State to the appellant for completion, the appeal shall be deemed to have been commenced on the date on which the letter was so sent.
(2) The appropriate form of notice of appeal shall be supplied by the Secretary of State on request.
(3) A notice of appeal in Form 1, 3 or 5, shall be signed by the appellant, and a notice of appeal in Form 2, 4 or 6, shall be signed by the person acting on behalf of the appellant, and in each case shall bear the date on which it was signed, and shall be sent by post addressed to "The Secretary of State for Social Services".
Statement of Case and answer
5.—(1) Subject to the provisions of rules 6, 9 and 22, the Secretary of State shall, on receipt by him of a notice of appeal, prepare a document (to be called a "Statement of Case") containing the following information—
(a) S.I. 1980/1082.
(b) S.I. 1978/1525, as amended by S.I. 1978/1902, 1979/113, 1312 and 1980/1080.
(c) S.I. 1976/585, as amended by S.I. 1976/1167, 1977/404 and 1640, 1978/384 and 1426, 1979/270 and 1232 and 1980/1102.
(a) the relevant facts relating to the appellant's case as known to the Secretary of State, including the relevant medical history of the appellant; and
(b) in the case of an entitlement appeal, the Secretary of State's reasons for making the decision against which the appeal is brought.
(2) When the Statement of Case has been prepared, the Secretary of State shall send two copies to the appellant and shall inform him that he may, if he so desires, submit (on a form to be supplied by the Secretary of State) an answer to the statement indicating—
(a) whether, and in what respect, the facts in the Statement of Case are disputed;
(b) any further facts which, in his opinion, are relevant to the appeal; and
(c) his reasons for thinking that the decision of the Secretary of State, or the interim assessment, final decision or final assessment, as the case may be, made by the Secretary of State, was wrong.
(3) Where the appellant submits an answer disputing any of the facts in the Statement of Case or putting forward further facts, he shall attach to his answer such documentary evidence in support of his case as is in his possession or as he can reasonably obtain.
(4) Except where the appellant is resident outside the United Kingdom, he shall send his answer, and any documents submitted therewith, to the Secretary of State within 28 days from the date on which the Statement of Case was sent to him.
(5) The Secretary of State may, if he so desires, comment in writing on the appellant's answer and, if he does so, the Secretary of State shall send a copy of his comments to the appellant.
(6) As soon as may be after the receipt of the answer or, if the appellant does not send an answer, on the expiration of the said 28 days (or, where the appellant is resident as aforesaid, at the expiration of such time as may be allowed by the President) the Secretary of State shall, subject to the provisions of rule 9, send to the Pensions Appeal Office—
(a) three copies of the Statement of Case;
(b) three copies of the appellant's answer (if any);
(c) any documents submitted by the appellant; and
(d) three copies of any comments made by the Secretary of State on the appellant's answer.
Disclosure of official documents and information
6.—(1) Where for the purposes of his appeal an appellant desires to have disclosed any document, or part of any document, which he has reason to believe is in the possession of a government department, he may, at any time not later than six weeks after the Statement of Case was sent to him, apply to the President for the disclosure of the document or part, and, if the President considers that the document or part is likely to be relevant to any issue to be determined on the appeal, he may give...
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