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1.—(1) Subject to the following provisions of this Schedule, an award or an adjustment of an award shall have effect from such date as may be specified in the award, being a date not earlier than the date specified in subparagraph (2) which is relevant in the claimant's case.U.K.
(2) The date specified in this subparagraph is whichever date is the latest in time of the date—
(a)following the date of termination of service or, in a case under [F1Part III], following the date of death of the member;
(b)of the claim;
(c)of the last application for review; or
(3) Where in a case to which subparagraph (1) applies, the claimant satisfies the requirements of subparagraph (4) the award shall have effect from the date the subparagraph is satisfied.
(4) This paragraph is satisfied where the date of claim or application for review is made within 3 months of—
(a)the date of termination of service, or the date of death where an award is made in respect of a member's death; or
(b)except where paragraph (a) applies, the date of notification of a decision on the claim or review.
(5) Where the requirements of subparagraph (4) are satisfied on more than one occasion and the occasions on which they are satisfied are consecutive, subparagraph (3) shall apply as from the first occasion on which subparagraph (4) is satisfied.
(6) Subject to subparagraphs (7), (8) and (9), where an award is adjusted upon review instigated by the Secretary of State, the adjustment shall take effect from the date of the review.
(7) Where an award is reviewed as a result of a decision (“the original decision”) which arose from an official error, the reviewed decision shall take effect from the date of the original decision and for this purpose “official error” means an error made by Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.
(8) Where an award is suspended pursuant to Article 65(3) but, on one of the conditions specified in article 65(5) being satisfied, the Secretary of State reviews the award, [F2the Secretary of State shall adjust the award in accordance with subparagraph 6 and shall make a backdating payment in respect of the award, which payment shall]—
(a)apply in respect of the period between the date on which the suspension took effect and the date of the review, and
(b)be calculated by reference to the rate at which the award was in payment prior to its suspension.
(9) Where, a pensioner's award has been cancelled (pursuant to Article 66(1) but, following submission of a further claim (in accordance with Article 66(2) the Secretary of State has made a further award in the pensioner's favour, such award shall take effect and payment shall be made—
(a)from the date on which the suspension took effect,
(b)at such rate as the Secretary of State determines to be appropriate when making the further award.
(10) For the purposes of this paragraph, a claim shall be treated as made for a pension or allowance for which a claim is not required by virtue of article 35 on the date on which the relevant conditions of entitlement to the pension or allowance first became satisfied.
Textual Amendments
F1Words in Sch. 3 para. 1(2)(a) substituted (7.4.2008 with application in accordance with art. 2(3) of the amending S.I.) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(a), Sch. 1 para. 9(a)
F2Words in Sch. 3 para. 1(8) substituted (21.6.2006) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 2) Order 2006 (S.I. 2006/1455), arts. 1(3), 5
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