The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

Reconsideration U.K.

53.—(1) Subject to paragraphs (2) and (11), a decision (“ the original decision”) is to be reconsidered if an application for a reconsideration, made in accordance with paragraph (4), is given or sent to the Service Personnel and Veterans Agency.

(2) Paragraph (1) does not apply where the decision—

(a) is to make a temporary award under article 26(1);

(b) is to make a fast payment under article 27(1) [F1 or];

(c) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) is to make an interim award under article 52(1).

(3) On a reconsideration of the original decision, the Secretary of State may—

(a) make a new decision which maintains the original decision; or

(b) revise that decision by—

(i) awarding benefit where no award of benefit was made in the original decision;

(ii) changing the descriptor applied so as to maintain or increase the amount awarded in the original decision;

(iii) increasing the amount awarded in the original decision;

(iv) changing the date on which an award of benefit becomes payable.

[F3 (v) making an interim award under article 52(1).]

(4) An application for a reconsideration must be made within the period of 1 year starting with the date on which notice of the original decision is given or sent to the claimant and must—

(a) be in writing;

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

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

(5) Where an appeal has been made to an appropriate tribunal against an original decision and no application for a reconsideration has been made in respect of that decision under paragraph (1), the Secretary of State must reconsider the decision.

(6) The decision of the Secretary of State on an application for a reconsideration under paragraph (1), or a reconsideration under paragraph (5), and the reasons for that decision, must—

(a) be in writing;

(b) be given or sent to the claimant; and

(c) inform the claimant of any right the claimant may have to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

(7) A decision on reconsideration does not give rise to a right for the claimant to make a further application for reconsideration under this article unless that decision is to make —

(a) a temporary award under article 26; or

(b) an interim award under article 52.

(8) Where a revised decision makes a temporary award or an interim award the claimant may apply for a reconsideration under this article when that award is made final.

(9) Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the original award and the revised award is to be paid.

(10) Article 49 has effect in respect of an application for a reconsideration under this article as though a reference to making a claim was a reference to making an application for a reconsideration and reference to the time for making a claim was a reference to the time for making an application for a reconsideration.

(11) Where a person applies for a review under article 55 or 56 before the Secretary of State has determined a reconsideration under this article, the application for the review supersedes the application for reconsideration.

Textual Amendments

F1 Word in art. 53(2)(b) inserted (21.7.2012) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 5(a) (with art. 8)

F2 Art. 53(2)(c) omitted (21.7.2012) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 5(b) (with art. 8)

F3 Art. 53(3)(b)(v) inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 8