Determination by Commission overriding Authority’s decision in relation to Statements of Principles
120C Determination by Commission overriding Authority’s decision in relation to Statements of Principles
If:
the Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease or death (see Part 3 of Chapter 9A of the MRCA); and
the Commission is of the opinion that, because the Statement of Principles is in force, or because of the decision by the Authority not to make or amend the Statement of Principles:
claims for pensions in respect of incapacity from injury or disease of that kind made by veterans, members of the Forces, or members of a Peacekeeping Force, of a particular class; or
claims for pensions made by dependants of those veterans or members in respect of the death of such a veteran or member;
cannot succeed; and
the Commission is also of the opinion that, in all the circumstances of the case, those veterans, members or their dependants should receive a pension;
the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under subsection (2) or (3), or determinations under both subsections (as the case requires).
A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
state that it has effect only in relation to the class of veterans, members of the Forces, or members of a Peacekeeping Force referred to in subparagraph (1)(b)(i); and
state that it applies only in respect of claims relating to:
operational service rendered by a veteran; or
peacekeeping service rendered by a member of a Peacekeeping Force; or
hazardous service rendered by a member of the Forces; or
British nuclear test defence service rendered by a member of the Forces; and
set out:
the factors that must as a minimum exist; and
which of those factors must be related to service (within the meaning of the MRCA) rendered by a person;
before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.
A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
state that it has effect only in relation to the class of veterans or members of the Forces referred to in subparagraph (1)(b)(i); and
state that it applies only in respect of claims relating to:
eligible war service (other than operational service) rendered by a veteran; or
defence service (other than hazardous service and British nuclear test defence service) rendered by a member of the Forces; and
set out:
the factors that must exist; and
which of those factors must be related to service (within the meaning of the MRCA) rendered by a person;
before it can be said, on the balance of probabilities, that an injury, disease or death of that kind is connected with the circumstances of that service.
While there is in force under subsection (2) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under section 370CB of the MRCA in respect of that kind of injury, disease or death does not apply in respect of any veteran, member of the Forces, member of any Peacekeeping Force or dependant in relation to whom the determination has effect.
While there is in force under subsection (3) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under section 370CC of the MRCA in respect of that kind of injury, disease or death does not apply in respect of any veteran or member of the Forces or dependant in relation to whom the determination has effect.
This Act’s bill:Second reading speech
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