QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF THE SECRETARY OF STATE FOR DEFENCE||Claimant|
|PENSIONS APPEAL TRIBUNAL||Defendant|
|THOMAS LYNCH||Interested Party|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Defendant and the Interested Party did not appear and were not represented
Crown Copyright ©
"Hears better than pure tone Audiogram suggests.
Recommend Evoked Response Audiometry. In view of a pre-service history of significant levels of noise exposure and a medical board at service release showing that his hearing was then clinically normal, his claim was rejected under the label 'bilateral sensorineural hearing loss'."
"You can make an entitlement appeal at any time, but:
• if you appeal within three months from the date on the letter which comes with this leaflet, we will pay any change in your pension from the date you first asked us to look at your claim.
• if you appeal after three months from the date on the letter we will only be able to pay any change in your pension from the date you wrote asking for an appeal."
"The grounds of the Tribunal's decision are that:"
Then there was a box against which the words appear:
"The circumstances put in by the application do/do not establish a reasonable excuse for the whole period of delay"
and a second box simply with the word "Other" against it.
"I think the decision is wrong for the following reasons [that is the original decision to refuse him entitlement]:
My hearing is getting worse, my wife says she has to shout at me to take any notice, the reason I am late at appealing is my wife was bad in the year 2000, the reason for my lateness was the time decision."
"Provision for late appeals
3. The Tribunal may, in the circumstances prescribed in regulation 4, allow an appeal to be brought not later than twelve months after the expiry of the time limit.
4. The prescribed circumstances are as follows:
(a) where the main cause of non-compliance with the time limit was-
(i) the death or serious illness of the claimant or a spouse or dependant of the claimant;
(ii) the disruption of normal postal services;
(iii) failure on the part of the Secretary of State to notify the claimant of the decision; or
(iv) exceptional circumstances applying to the claimant which rendered it impracticable for the claimant to bring the appeal or to instruct another person to bring it;
(b) the appeal was in any event brought as soon as was reasonably practicable in the circumstances of the case."