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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005
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- UK Statutory Instruments
- 2005 No. 439
- PART VIII
- Article 57
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Changes over time for: Section 57
Version Superseded: 09/05/2011
Alternative versions:
- 06/04/2005- Amendment
- 03/11/2008- Amendment
- 03/11/2008
Point in time - Stop date 09/05/2011- Amendment
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Suspension – Social Security Commissioner [F1and Upper Tribunal]U.K.
This section has no associated Explanatory Memorandum
57.—(1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of [F2a] Commissioner under section 6C M1 of the Pensions Appeal Tribunals Act 1943 [F3or, as the case may be, the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act 2007 (c.15)], he may, subject to paragraph (2), direct that payment of benefit in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.
(2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of benefit in accordance with that decision be suspended within the relevant period.
(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the benefit by virtue of the decision (“the beneficiary”) is given or sent notice in writing that an application for leave to appeal has been made against that decision.
(4) Where the beneficiary has been given or sent notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
(5) Where an application for leave to appeal against a decision of [F4a] Commissioner is made under section 6C of the Pensions Appeal Tribunals Act 1943 [F5or, as the case may be, the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act (c.15)] and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision under that section refusing leave to appeal is received by him, applies to the appropriate court for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal has been determined.
(6) In this article—
(a)“appeal” means an appeal under section 6C of the Pensions Appeal Tribunals Act 1943 [F6or, as the case may be, section 13 of the Tribunals Courts and Enforcement Act (c.15)]
(b)“application for leave to appeal” means an application for leave to appeal under section 6C(2) of [F7the 1943 Act or an application for permission to appeal under section 13(4) of the 2007 Act]; and
(c)“appropriate court” means—
(i)in England, Wales and Northern Ireland, the Court of Appeal or, in Scotland, the Inner House of the Court of Session,
(ii)the House of Lords;
(d)“relevant period” means the period of 6 weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State;
(e)“a Commissioner” means F8. . . a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 1943 M2.
Textual Amendments
F1Words in art. 57 heading inserted (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. 287(2)
F2Words in art. 57(1) 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. 287(3)(a)
F3Words in art. 57(1) inserted (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. 287(3)(b)
F4Words in art. 57(5) 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. 287(4)(a)
F5Words in art. 57(5) 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. 287(4)(b)
F6Words in art. 57(6)(a) inserted (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. 287(5)(a)
F7Words in art. 57(6)(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. 287(5)(b)
F8Words in art. 57(6)(e) omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 287(5)(c)(ii)
Marginal Citations
M1Section 6C was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.
M2Section 6D was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.
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