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Pensions: Armed Forces

Volume 686: debated on Tuesday 7 November 2006

asked Her Majesty's Government:

Whether they were satisfied with the accuracy of the Explanatory Memorandum accompanyingthe Pensions Appeal Tribunal (Armed Forcesand Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006; and, if not, what action they have taken tocorrect it.[HL7986]

We are satisfied that the Explanatory Memorandum accompanying the Pensions Appeal Tribunal (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 was accurate, as we had no reason to believe that there would be any adverse reaction to the proposals from the bodies that we consulted.

The ex-service organisations had been briefed in 2005 on the late inclusion of temporary awards into the Armed Forces and Reserve Forces Compensation Scheme Order 2005 and of our intention not to extend appeal rights to such decisions. These groups had already accepted the absence of appeal rights on interim awards, which are in principle similar to temporary awards.

No objections were raised on the lack of appeal rights on interim awards when the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 were scrutinised by Parliament early last year. It was therefore felt that temporary awards would similarly not attract any adverse comment.

asked Her Majesty's Government:

What representations they have received from the president of the Pensions Appeal Tribunals regarding the Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006, the Pensions Appeal Tribunal (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 and the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (SI 2006/1438); and what action they have taken.[HL7987]

Officials have exchanged correspondence with the president of the Pensions Appeal Tribunals (England and Wales) concerning temporary awards under the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme (Rights of Appeal) Amendments Regulations 2006. The issues raised have been fully considered and our position has been explained and clarified in correspondence with the president.

asked Her Majesty's Government:

What representations they have received from the Select Committee on the Merits of Statutory Instruments regarding the Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006, the Pensions Appeal Tribunal (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 and the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (SI 2006/1438); and what action they have taken.[HL7988]

A letter was received on 12 July 2006 from the chairman of the Select Committee on the Merits of Statutory Instruments in relation to consultation arrangements on the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006. A response was provided by the Parliamentary Under-Secretary of State for Defence on 30 October. We understand that these letters will be published by the Merits Committee in due course.