The War Pensions (Commencing Dates of Past Awards) Order 1982

Made: 21st July 1982

Laid before Parliament: 9th August 1982

Coming into Operation: 30th August 1982

The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 43(3), (4) and (5) of the Social Security and Housing Benefits Act 1982 and in exercise of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1

• (1) This Order, which may be cited as the War Pensions (Commencing Dates of Past Awards) Order 1982, shall come into operation on 30th August 1982.

• (2) In this Order—

• “appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the 1943 Act;

• “instruments” means the instruments as amended by the amendments appropriate at the date the awards referred to in this Order were made;

• ...

• “the 1943 Act” means the Pensions Appeal Tribunals Act 1943;

• “the Personal Injuries (Civilians) Scheme” means the Personal Injuries (Civilians) Scheme 1976[^f00002] ;

• “the rules” means the rules made under paragraph 5 of the Schedule to the 1943 Act or Tribunal Procedure Rules;

• “the Service Pensions Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978[^f00003] ;

• “war pension” means— such pensions and other benefits as are referred to in section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (exercise by Order in Council of existing powers relating to benefits for death or disablement through service in the armed forces);any pension or benefit awarded under the Personal Injuries (Emergency Provisions) Act 1939 Pensions (Naval, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947;any pension or benefit which the Secretary of State considers to be analogous to any such pension or benefit mentioned in the preceding sub-paragraphs of this definition.

Dates awards of war pension taken to have had effect

2

Subject to article 4 of this Order, the date from which any award made before 30th August 1982 under or by application of the provisions of the instruments specified in Schedule 1 to this Order, or instruments considered by the Secretary of State to be analogous thereto, in respect of a claim for war pension now administered by the Secretary of State for Social Services is to be taken to have had effect in a case where—

• (a) at the time when the award was made there was no provision in force for determining that date; or

• (b) the award was made following—

• (i) an appeal to the High Court, Court of Session or Court of Appeal; or

• (ii) the rehearing of any appeal;

and the date from which payment under the award was first made was later than the date from which payment was, by virtue of any provision in force at the time when the award was made, required to be first made,

Classes of case and commencing dates

3

Except in so far as the Secretary of State may direct that an earlier date applies in respect of any particular case or class of case, in relation to each of the classes of case set out in column 2 of Schedule 2 to this Order, the date from which a war pension is awarded or restored is to be taken to have had effect is the date set opposite that class of case in column 3 of that Schedule ascertained in accordance with the provisions of the Service Pensions Order set opposite that class of case in column 4, or as the case may be, the provisions of the Personal Injuries (Civilians) Scheme set opposite it in column 5 of that Schedule.

Limitation on arrears

4

Except in so far as the Secretary of State may otherwise direct with respect to any particular case or class of case, in any case where the date from which an award is by virtue of this Order to be taken to have had effect is earlier than the date from which payment under the award was first made, any arrears due to a person in respect of the award shall be limited to those payable in respect of a period of 6 years prior to the following dates—

• (a) in the case of an award made following a direction made under the rules or by the Upper Tribunal in which a rehearing of an appeal by an appropriate tribunal has been ordered, whether or not followed by such a rehearing, the date of the application which resulted in such a direction;

• (b) in the case of an award made following an order under section 6(2A) (joint application) of the 1943 Act, whether or not followed by a rehearing of an appeal by an appropriate tribunal, the date of the application under Section 6(2A) which resulted in the order;

• (c) in the case of an award made following an appeal under section 6(2) (appeal from the appropriate tribunal) of the 1943 Act, whether or not followed by a rehearing of an appeal by an appropriate tribunal, the date of the successful application for leave to appeal under section 6(2);

SCHEDULE 1

SCHEDULE 2

Signed

Signed by authority of Secretary of State for Social Services.

Hugh Rossi — Minister for Social Security — Department of Health and Social Security — 21st July 1982

Explanatory note

EXPLANATORY NOTE

This Order makes provision for commencing dates of awards of war pension in respect of disablement and death in cases where awards were made prior to the coming into operation of section 43 of the Social Security and Housing Benefits Act 1982 on 30 August 1982. The Order has retrospective effect, the power to make it retrospective being conferred by section 43 of the 1982 Act.

Article 2 makes provision for awards made in specified circumstances under or by application of the instruments specified in Schedule 1 to the Order, or analogous instruments, to be taken to have had effect from the dates specified in relation to the appropriate class of case as referred to in article 3.

Article 3 refers to Schedule 2 to the Order which specifies the classes of case and corresponding dates from which awards are to be taken to have had effect, by reference to the provisions of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 and the Personal Injuries (Civilians) Scheme 1976 relating to commencing dates of awards of war pension in respect of the disablement or death due to service in the armed forces of the Crown during the 1914–1918 World War and after 2 September 1939 and in respect of civilians injured or killed in the 1939–1945 World War. Under article 3 the Secretary of State may direct that a date earlier than that specified may apply in a particular case or class of case.

Article 4 makes provision for arrears of war pension due by virtue of the application of Schedule 2 to this Order to be limited to 6 years prior to specified dates in classes of case set out in that article subject to exercise of discretion by the Secretary of State to extend that limit.

Footnotes

[^f00002]: As amended by S.I. 1976/1167, 1977/404, 1640, 1978/384, 1426, 1979/270, 1232, 1980/1102, 1103, 1950, 1981/1143, 1678, 1982/810.

[^f00003]: As amended by S.I. 1978/1902, 1979/113, 1312, 1980/1080, 1081, 1955, 1981/1110, 1672, 1982/845.

Editorial notes

[^key-89a2245ba255cc33a8569ab642159732]: Art. 1 in force at 30.8.1982, see art. 1(1)

[^key-eb722b47298e9722774f4abd6611f878]: Art. 4 in force at 30.8.1982, see art. 1(1)

[^key-c5e74b93201eb3feaf56dfac4ef627fb]: Sch. 2 in force at 30.8.1982, see art. 1(1)

[^key-92028ae195da7e02b2518f03f5373441]: Art. 2 in force at 30.8.1982, see art. 1(1)

[^key-6decd99e6d82049a8c888bb10fd161b5]: Art. 3 in force at 30.8.1982, see art. 1(1)

[^key-7f9126c0d3c968d717b7265673320b65]: Sch. 1 in force at 30.8.1982, see art. 1(1)

[^key-2e6f3e222cecdc6ac6508996bb2ed243]: Words in Sch. 2 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 22(a)(i)

[^key-aef0457ace885a0ba3795c6ebe78853d]: Words in Sch. 2 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 22(a)(i)

[^key-85b218c126c1ddcb5b961d78dc543f3c]: Words in Sch. 2 substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 22(a)(ii)

[^key-b16d58fc9207fd0c3fa1b55ab9bffdf0]: Words in Sch. 2 substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 22(a)(ii)

[^key-bbd8c1436e58f5605d6a272ed16337b8]: Words in Sch. 2 substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 22(b)

[^key-0b40420d097c03fc145fd34ff2329733]: Words in Sch. 2 substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 22(b)

[^key-9a1f5e1901458b8c7984d93ec130dd05]: Words in art. 4(a) inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(a)(i)

[^key-f9ddd982a527034239cf851310f0dd6e]: Words in art. 4(a) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(a)(ii)

[^key-d7eb1f9a058f0cdd1ff7d3773741b655]: Words in art. 4(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(b)

[^key-07f1da7b24a41476d5a74f66505af0d9]: Words in art. 4(c) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(c)(i)

[^key-506e5db459394f11add997e616f6da4e]: Words in art. 4(c) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(c)(ii)

[^key-5d3c48cc338787241d181a996ace6890]: Words in art. 1 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 20(a)

[^key-088c1383a3deef11dc9d3db11c65c168]: Words in art. 1 omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 20(b)

[^key-776ef6541488a04f77825288ed6582c7]: Words in art. 1 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 20(c)