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

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Time for making a claim – general

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39.—(1) Subject to articles 40 and 41, the time specified for making a claim for injury benefit is 5 years beginning with the day on which—

(a)the injury occurs;

(b)an injury which is not caused by service is made worse by service;

(c)where the member or former member of the forces is suffering from an illness, he first seeks medical advice in relation to that illness; or

(d)the service of the member of the forces ends

whichever is the earlier.

(2) Where an illness first presents within the period specified in paragraph (1) but diagnosis of the illness is not made until less than one year before the end of that period, the time for making a claim is extended by one year starting from the date on which diagnosis was made.

(3) The time specified for making a claim for death benefit where—

(a)the death occurs after the day on which the service of the former member of the forces ends; and

(b)within a period of 5 years starting with the day on which that service ends;

is one year from the date of the death.

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