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43.—(1) The Secretary of State shall determine any claim for benefit and any question arising out of the claim.
(2) The Secretary of State shall give reasons for his decision.
(3) The decision of the Secretary of State on any claim or any question arising out of a claim and the reasons for the decision shall be in writing and shall be sent to the claimant who shall, at the same time, be informed o [F3of any right that he may have]—
(a)to a reconsideration of the decision under article 45; and
(b)to appeal [F4that decision] to [F5the appropriate tribunal] under section 5A(1) of the Pensions Appeal Tribunals Act 1943.
Textual Amendments
F3Words in art. 43(3) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 13(1)
F4Words in art. 43(3)(b) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 13(2)
F5Words in art. 43(3)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 280