Change of circumstances and backdating
24.—(1) The amount of periodic compensation payable to a surviving dependant under these Regulations may be varied where—
(a)there is a change in the circumstances of a person to whom periodic compensation is payable, and
(b)that change would have resulted in—
(i)a different rate of periodic compensation being payable (including where a rate of nil may apply), or
(ii)periodic compensation being payable from a different date,
and such a variation must take effect from the date that the change in circumstances occurred.
(2) The amount of periodic compensation calculated under paragraph (1) must include any increases under paragraphs 17 and 20 of Schedule 4 (annual increase and Board’s power to alter rates of revaluation and indexation).
(3) Where a person makes a claim for periodic compensation, the claim must be backdated to the date that the person became eligible to claim periodic compensation, or where that date is more than 5 years before the date of the claim, to a date 5 years before the date of the claim.