The Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005

Amendment of Schedule 5 (commencing dates of awards of pension)

23.  Schedule 5 shall be amended as follows—

(1) For paragraph 1(4) substitute—

“(4) This sub-paragraph is satisfied where the date of claim or application for review is made within 3 months of—

(a) the date of the disabled person’s qualifying injury or, where an award is made in respect of a person’s death, the date of death; or

(b) except where paragraph (a) applies, the date of notification of a decision on the claim or review.”

(2) For paragraph 2 substitute—

“(1) In a case to which section 168 of the Pensions Act 1995 (war pensions for widows: effect of remarriage) or article 71(1A) (Relationships subsequent to the award of a pension) applies, for paragraph 1(4)(a) of this Schedule substitute “the date of termination of a marriage or of a judicial separation relating to a marriage; or the date of termination of a civil partnership or a separation order relating to a civil partnership; or the date that the claimant ceased to live with another as a spouse or civil partner;”

(2) In this paragraph,

(a) in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pensions Act 1995

(b) in relation to civil partners

(i) the reference to the termination of a civil partnership is to the termination of the civil partnership by death, dissolution or annulment, and

(ii) the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom.

and for those purposes a dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom.”.