Article 74
1. Except in so far as the Secretary of State may otherwise direct with respect to any particular case or class of case, payment of a pension in respect of disablement or, as the case may be, death, including payment of an increase in the rate of a pension on account of an increased assessment of the degree of disablement, shall not be made in respect of any period preceding:
(a)in the case of an application for the award of a pension as a result of which a pension is awarded—
| Item | Circumstances applicable | Time limit for application for pension | Day before which payment of pension not to be made |
|---|---|---|---|
| (i) | where application by disabled person | time limit in Article 54(2) | the day following date disabled person ceases whole-time service as a member of the armed forces of the Crown. |
| (ii) | where application in respect of a person's death | time limit in Article 54(3) | the day following date of death. |
| (iii) | where circumstances in either (i) or (ii) above apply | application not made within time limit in (i) or (ii) above as the case may be | the date of the application for pension. |
(b)subject to the provisions of paragraphs 2 and 3 of this Schedule, in the case of:
an appeal under section 3, 4 or 6(2) of the Pensions Appeal Tribunals Act 1943(1) (appeal to and from Pensions Appeal Tribunal), or
a review under Article 76 or under section 6(2C) of the 1943 Act (review following order under section 6(2A) of the 1943 Act for a rehearing of an appeal by a Pensions Appeal Tribunal)
as a result of which appeal or review a pension is awarded or, as the case may be, restored—
| Item | Circumstances applicable | Time limit for application for pension | In all appeal cases and section 6(2C) reviews the appeal to Pensions Appeal Tribunal commenced, orin other review cases application for review, or where no such application, date Secretary of State first decided there should be a review | Day before which payment of pension not to be made |
|---|---|---|---|---|
| (i) | where application by disabled person | time limit in Article 54(2) | within 3 months of date of notification of rejection of application or of notification of withholding or reduction under Article 6 | the day following date disabled person ceases whole-time service as a member of the armed forces of the Crown. |
| (ii) | where application in respect of a person's death | time limit in Article 54(3) | within 3 months of date of notification of rejection of claim or of notification of withholding or reduction under Article 6 | the day following date of death. |
| (iii) | where circumstances in either (i) or (ii) above apply | application not made within time limit in (i) or (ii) above as the case may be | appeal or review not made within periods in (i) or (ii) above as the case may be | in all appeal cases and section 6(2C) reviews the date appeal under section 3 or 4 1943 Act commenced; in other review cases the date of application for review, or where no such application, the date the Secretary of State first decided there should be a review. |
(c)in the case of an appeal under section 5 of the 1943 Act as a result of which the claim to the continuance or resumption of the payment of the pension is accepted or the rate of pension is increased—
| Item | Circumstances applicable | Day before which payment of a pension not to be made |
|---|---|---|
| (i) | where such appeal is commenced within time prescribed by the said Act | the date of commencement of assessment of degree of disablement. |
| (ii) | where circumstances in (i) above do not apply | the date of commencement of such an appeal. |
(d)in the case of a review under article 76 of an assessment as a result of which the rate of pension is increased—
| Item | Circumstances applicable | Day before which payment of a pension not to be made |
|---|---|---|
| (i) | where date review is applied for or, if there is no application for review, date Secretary of State first decided that there should be a review is within 3 months of notification of interim assessment, or 12 months in the case of final assessment | the date of commencement of assessment of degree of disablement. |
| (ii) | where circumstances in (i) above do not apply | the date of application for review, or if no such application, the date the Secretary of State first decided that there should be a review. |
2. Except in so far as the Secretary of State may otherwise direct with respect to any particular case or class of case, in a case referred to in paragraph 1(b) of this Schedule where following—
(a)an appeal under section 6(2) of the Pensions Appeal Tribunals Act 1943 (appeal from Pensions Appeal Tribunal), or
(b)an order under section 6(2A) of that Act (joint application), or
(c)an order for a rehearing of an appeal made on directions given under rules made under paragraph 5 of the Schedule to that Act,
an appeal under section 3 or 4 of that Act has been reheard, the payment of a pension shall not be made in respect of any period preceding the date 6 years prior to the date (as the case may be) of the successful application for leave to appeal under section 6(2), the application under section 6(2A) which resulted in the order under that section, or the application for directions which resulted in the order for a rehearing.
3. Except in so far as the Secretary of State may otherwise direct with respect to any particular case or class of case—
(a)in the case of an appeal under section 6(2) of the 1943 Act (appeal from Pensions Appeal Tribunal) as a result of which appeal a pension is awarded or restored, the payment of a pension shall not be made in respect of any period preceding the date 6 years prior to the date of the successful application for leave to appeal under section 6(2), and
(b)in the case of a review under section 6(2C) of the 1943 Act as a result of which a pension is awarded or restored, the payment of a pension shall not be made in respect of any period preceding the date 6 years prior to the date of the application under section 6(2A) of the 1943 Act which resulted in the order for a rehearing of an appeal by a Pensions Appeal Tribunal.
4. In this Schedule the expression “pension”
This Act was amended and modified by the Pensions Appeal Tribunals Act 1949 (c. 12); sections 5 and 6 were amended by section 23 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), Sections 5 and 6 were also amended by section 16 of the Social Security Act 1980 (c. 30), and section 6 was also amended by section 43 of the Social Security and Housing Benefits Act 1982 (c. 24).