Appeals in cases where award is withheld or reduced on ground
or mis- conduct.
(b) that the death was due to or hastened by the aggravation by service with the Force which existed before or arose during service with the Force;
the Board shall notify the claimant of their decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the Tribunal on the issue whether or not the claim was rightly rejected on that ground.
(4) Where, in connexion with the determination, for the purposes of any such claim as is referred to in the foregoing provisions of this regulation, of
(0) the date by reference to which the rank of the disabled
or deceased officer or member is to be determined, or
(b) in the case of a claim by or in respect of a widow, widower, wife, husband or child, the date before which any marriage or any birth, legitimation or adoption of a child must have taken place,
it is contended that, as the result of a particular period of service with the Force, the disabled or deceased member suffered aggra- vation of the injury on which the claim is based, being aggrava- tion which in the case of death persisted until death, the Board shall, if they reject the said contention, notify the claimant of their decision, and thereupon an appeal shall lie to the Tribunal on the issue of whether or not, as a result of such service during that period, the disabled or deceased member suffered such aggravation.
13. (1) Where, in the case of any such claim as is referred to in regulation 12 in respect of the disablement or death of any officer or member, the Board withhold or reduce the award on the ground that the injury on which the claim is based was caused
of serious or contributed to by the serious negligence or misconduct of the negligence
said person or, as the case may be, that his death was so caused or contributed to, the Board shall notify the claimant of their decision, specifying that it is made on that ground, and there- upon an appeal shall lie to the Tribunal on the issue whether or not the injury or, as the case may be, the death was so caused or contributed to.
(2) Where an appeal is brought under this Part on any of the issues specified in regulation 12, and the Board notifies the appellant before the hearing of the appeal that, if the appeal is allowed, they intend to withhold or reduce the award on the ground specified in sub-regulation (1), the Tribunal shall, if they allow the appeal, determine tlie issue specified in that sub- regulation, and, unless the Board notifies the appellant as afore said, they shall not be entitled, if the appeal is allowed, to with- hold or reduce the award on the said ground.
against
299635-
ment of
extent of
14. (1) Where, in the case of any such claim as is referred Appeals to in regulation 12 in respect of the disablement of
officer or any member of the Force, the Board make an interim assessment of the degree of the disablement, the Board shall notify the claimant disable- thereof and if, at the expiration of two years from the time when meat, they first notified the claimant of such an interim assessment, the Board have not made such a final decision or assessment as is referred to in sub-regulation (2), an appeal shall lie to the Tri- bunal from the interim assessment, in force at the end of the said period of two years and from any subsequent interim assess- ment, and the Tribunal on any such appeal may uphold the Board's assessment or may assess the disablement at such higher or lower degree as they think proper.
In this sub-regulation the expression "interim assessment" means any assessment other than such final assessment as is referred to in sub-regulation (2).
(a) Where, in the case of any such claim as is referred to in regulation 12 in respect of any officer or member of the Force, it appears to the Board that the circumstances of the case permit a final settlement of the question to what extent, if any, the said officer or member of the Force is disabled, and accordingly-
(a) they decide that there is no disablement or that the dis-
ablement has come to any end; or
(b) they make a final assessment of the degree or nature of the disablement, they shall notify the claimant of their decision or assessment, stating that it is a final one, and thereupon an appeal shall lie to the Tribunal on the following issues, namely-
(i) whether or not the circumstances of the case permit a final settlement of the question aforesaid;