The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (Revoked 9.5.2011)

Review – exceptional circumstances U.K.

48.—(1) The Secretary of State may revise an award of injury benefit [F1 or of an additional multiple injury lump sum] if the conditions specified in paragraph (2) are satisfied and an application for a review is sent to the Veterans Agency.

(2) The circumstances referred to in paragraph (1) are that, within the period of 10 years starting with the date of the final decision [F2 to award injury benefit], the injury in respect of which the final decision was made either has—

(a) become worse; or

(b) caused a further injury to develop

and in both cases—

(i) the worsening or the development is unexpected and exceptional, and

(ii) the injury, or the injury and the further injury together, would, on the date of the application for review, attract an amount specified in column (b) of Table 10 of the tariff which is higher than that awarded under the final decision.

(3) An application for review under this article may only be made within the period of one year starting with the day on which the worsening or the development began.

(4) The Secretary of State may only review an award under this article once.

(5) An application for a review under this article shall—

(a) be in writing;

(b) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) be signed by or on behalf of the person making the application; and

(d) specify the ground on which the application is made.

(6) The decision of the Secretary of State on an application for review under this article and the reasons for the decision shall be in writing and shall be given or sent to the applicant who shall, at the same time, be informed of his right—

(a) to a reconsideration of the decision under article 45; and

(b) to appeal to [F4 the appropriate tribunal] under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

[F5 (7) Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the amount of the original award and the amount of the revised award shall be paid.

(8) For the purposes of paragraph (7), the original award means the amount of the lump sum awarded in the original decision together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that original decision.]

Textual Amendments

F1 Words in art. 48(1) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 13(1)

F2 Words in art. 48(2) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 13(2)

F3 Art. 48(5)(b) omitted (30.6.2006) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 15

F4 Words in art. 48(6)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 283

F5 Art. 48(7)(8) inserted (15.12.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 (S.I. 2008/2942), arts. 1(1), 16