PART 7ADJUDICATION
Review - award of damages58
1
This article applies where—
a
the Secretary of State has made an award of benefit to a person;
b
the person has recovered damages in respect of the injury or death for which the award of benefit is payable; and
c
the Secretary of State is satisfied that benefit paid or payable under this Order has not been taken into account in the assessment of the damages.
2
On a review under this article the Secretary of State may revise a decision by decreasing the amount of the award, or so as to cancel the award of benefit.
3
The decision of the Secretary of State on a review under this article and the reasons for the decision must—
a
be in writing;
b
be given or sent to the claimant; and
c
inform the applicant of any right the applicant may have—
i
to a reconsideration of the decision under article 53; and
ii
to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.
4
In this article “damages” has the meaning given in article 40(6) and (8).