The claimant renewed his application for leave to appeal against refusal of a judicial review of a decision of the Pensions Appeal Tribunal. He was injured in a motorcycle accident whilst on National Service in 1951. He challenged a decision to reduce his disability pension from 70 to 30 per cent. The appeal tribunal had declined jurisdiction.
Held: The Pensions Appeal Tribunal had acted beyond its powers. The appeal was allowed. In case of an appeal under section 5(1) of the 1943 Act on the issue of assessment only, the tribunal must start upon the basis of the minister’s acceptance that there was a disability within article 41(1) of the 2006 Order. In this case there was no difficulty in differentiating between the assessment of the extent of disability and whether there was a disability in the first place. This was a decision as to extent, and the tribunal should have allowed the claimant to present his appeal.
Judges:
Lord Justice Laws, Lord Justice Wall and Lord Justice Aikens
Citations:
[2009] EWCA Civ 451, Times 15-Apr-2009
Links:
Statutes:
Pensions Appeal Tribunals Act 1943 5(1), Naval, Military and Air Forces, Etc (Disablement and Death) Service Pensions Order 2006 (SI 2006 No 606)
Jurisdiction:
England and Wales
Citing:
Appeal From – Bunce, Regina (on the Application of) v Pensions Appeal Tribunal Admn 5-Mar-2008
. .
Applied – Scanlon, Regina (on the Application of) v Pensions Appeal Tribunals and Another Admn 31-Jan-2007
Where there was an appeal under section 5(1) of the 1943 Act on the issue of assessment only, the tribunal must start upon the basis of the minister’s acceptance that there was a disability within article 41(1) of the 2006 Order. . .
Lists of cited by and citing cases may be incomplete.
Financial Services, Armed Forces
Updated: 06 December 2022; Ref: scu.330949
