http://www.legislation.gov.uk/id/uksi/1980/1082

http://www.legislation.gov.uk/uksi/1980/1082/article/4/made

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

Westlaw

King's Printer of Acts of Parliament

2011-04-05

PENSIONS

This Order modifies the provisions of the Pensions Appeals Tribunals Act 1943 (“the Act”) and so makes provision for appeals to a Pensions Appeal Tribunal or, as the case may be, the High Court, or in Scotland the Court of Session, or in Northern Ireland the Court of Appeal, to be brought or continued under the provisions of the Act after the death of a claimant.

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 3(6)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 11(c)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4 heading

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(a)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(1)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(b)(i)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(1)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(b)(ii)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(1)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(b)(iii)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(2)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(c)(i)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(2)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(c)(ii)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(2)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(c)(iii)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 4(3)(b)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 12(d)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 5A heading

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 14(a)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 5A

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 14(b)

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 9(3)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 16

art. 1

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art 4

The Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005

art 5

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art 5A

The Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005

art 8

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 10(b)(c)

Constitutional Reform Act 2005

Sch. 4 Pt. 1

para. 107

s. 148(1)

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

art. 11(b)(c)

Constitutional Reform Act 2005

Sch. 4 Pt. 1

para. 108(a)

s. 148(1)

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

specified amended provision(s)

The Constitutional Reform Act 2005 (Commencement No. 5) Order 2006

art. 2

Sch. 1

commencement order for 2005 c. 4

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

specified amended provision(s)

The Constitutional Reform Act 2005 (Commencement No. 11) Order 2009

art. 2

commencement order for 2005 c. 4

Initiation of posthumous appeals in the High Court4

1

Where the claimant has appealed to the Pensions Appeal Tribunal against the rejection of his claim by the Secretary of State and the decision of that Tribunal has not been communicated to him before his death, the Secretary of State shall, within the period of seven days of the communication to him of that Tribunal's decision, or within the period of seven days of his becoming aware of the claimant's death and the existence and identity of the designated person, whichever period ends later, communicate that decision in writing to the designated person by sending it by post to that person's ordinary or last known address, and the designated person may, subject to the following provisions of this Order, bring an appeal to the High Court under section 6(2) of the Act.

2

Where the claimant has appealed to the Pensions Appeal Tribunal as aforesaid and the decision of that Tribunal has been communicated to him and he has not appealed against that decision in his life time, the designated person may, subject to the following provisions of this Order, and subject in particular to one of the conditions specified in paragraph (3) below being satisfied, bring an appeal against that decision to the High Court under the said section 6(2).

3

The conditions referred to in paragraph (2) above are that—

a

throughout the period from the communication of the Tribunal's decision to the claimant to the date of his death, the claimant was incapable of bringing an appeal by reason of his physical or mental condition; or

b

the failure of the claimant to bring an appeal was due to an error or misdirection by or on behalf of the Secretary of State or a Pensions Appeal Tribunal.