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Neutral Citation Number:	2008 1
Reported Number:	R(AF)1/09
File Number:	CAF 1913 2008
Appellant:	RS
Respondent:	Secretary of State for Defence
Judge/Commissioner:	Judge H. Levenson
Date Of Decision:	06/11/2008
Date Added:	27/11/2008
Main Category:	Tribunal procedure and practice (including UT)
Main Subcategory:	tribunal jurisdiction
Secondary Category:	War pensions and armed forces compensation
Secondary Subcategory:	War pensions - entitlement
Notes:	Tribunal jurisdiction – time limits for appealing – whether a decision wrongly to admit a late appeal can confer jurisdiction on tribunal deciding the issue at a later stage The claimant’s appeal to the tribunal was made outside the absolute time limit of 13 months imposed by regulations 3 and 4 of the Pensions Appeal Tribunal (Late Appeals) Regulations 2001 (except in respect of one medical condition). A tribunal decided that there were reasons to admit outside the normal time limit, and purported to admit the appeal without considering the question of the absolute time limit. A subsequent tribunal decided that notwithstanding the decision of the earlier tribunal it had no jurisdiction to consider the merits of the appeal. The claimant appealed to the Pensions Appeal Commissioner, whose functions by the time of his decision had been transferred to the Upper Tribunal. Held, dismissing the appeal, that: 1. at least in relation to absolute time limits for appeals to the pensions appeal tribunal, a decision wrongly made without jurisdiction at an earlier stage cannot confer jurisdiction on the court deciding the issue at a later stage and to decide otherwise in this case would be to subvert the very clearly expressed intention of Parliament (following CAF/1133/2007 and cases there cited) (paragraph 25); 2. it is quite clear, following R (Secretary of State for Defence) v PAT (Lockyer Evis and others, interested parties) [2007] EWHC 1177 (Admin), [2008] 1 All ER 287, that a pensions appeal tribunal has no power to hear an appeal brought after the expiry of the final time limit (paragraph 26); 3. however, there appeared to be an outstanding appeal, within the absolute time limit, in respect of a later decision of the Secretary of State and the Judge directed that that be referred to the Acting President of the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal for further directions (paragraph 2).
Decision(s) to Download:	R(AF) 1-09 bv.doc