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Claim Procedures

Claim time limits

6.—(1) Subject to paragraph (3)—

(a)an ordinary claim must be made within—

(i)43 days starting with the riot reference date unless the ordinary claimant makes a claim against an insurance company, under a policy of insurance, for the damage, destruction or theft of property in the course of the riot, or

(ii)43 days starting with the date of issue by an insurance company of its decision to refuse or meet (partially or fully) a claim mentioned in paragraph (i);

(b)an insurer claim must be made within 43 days starting with the riot reference date.

(2) Except in the circumstances described in regulation 13, any further details and any evidence in support of the section 1 claim must be received by the Authority within 91 days starting with the day on which the claim—

(a)was received, if made under regulation 5(2)(a); or

(b)was made under regulation 5(2)(b) or (c).

(3) For the purposes of determining either 43-day period referred to in paragraph (1) and the 91-day period referred to in paragraph (2), any period during which paragraph (4) applies is to be disregarded.

(4) This paragraph applies to any period during which in the Authority’s opinion—

(a)an ordinary claimant is prevented from making, or submitting details or evidence (or both) in support of, an ordinary claim due to the ordinary claimant’s health, personal circumstances or other circumstances beyond the ordinary claimant’s control,

(b)an ordinary claimant or representative (if any) delays making, or submitting details or evidence (or both) in support of, an ordinary claim due to an unsettled legal issue concerning the ownership, rebuilding or repair of property relating to the claim, or

(c)an insurer claimant is prevented from making, or submitting details or evidence (or both) in support of, an insurer claim because—

(i)it has not received any related insurance claim against it, or

(ii)it has not received adequate details of, or adequate evidence relevant to, any such related insurance claim.

(5) In this regulation, “riot reference date” means, in relation to a riot, the date on which the riot ends and, for the purposes of this definition, a riot which occurs in any police area within 24 hours of the last riot (whether or not in the same area) is to be treated as part of the same riot.