The Personal Injuries (Civilians) Amendment Scheme 1997

1.—(1) Subject to the adjustments in the following provisions of this Schedule, an award or an adjustment to an award shall have effect from such date as may be specified in the award, being a date not earlier than the date specified in sub-paragraph (2) which is relevant in the claimant’s case.

(2) The date specified in this sub-paragraph is whichever date is the latest in time of the date—

(a) of the claim;

(b) of the last application for review; or

(c) of an application for appeal under section 3, 4 or 5 of the Pensions Appeal Tribunals Act 1943(1).

(3) Where the claimant satisfies the requirements of sub-paragraph (4) the award shall have effect from the date the sub-paragraph is satisfied.

(4) This sub-paragraph is satisfied where the date of—

(a) the claim;

(b) the application for review;

(c) the application for an appeal under section 3, 4 or 5 of the Pensions Appeal Tribunals Act 1943,

whichever is appropriate in the claimant’s case is made within 3 months of—

(i) the date of the disabled person’s qualifying injury or, where an award is made in respect of a person’s death, the date of death, or

(ii) except where sub-head (i) applies, the date of issue of notification of a decision on the claim, review or, as appropriate, on appeal under section 3, 4 or 5 of the Pensions Appeal Tribunals Act 1943.

(5) Where the requirements of sub-paragraph (4) are satisfied on more than one occasion and the occasions on which they are satisfied are consecutive, sub-paragraph (3) shall apply as from the first occasion on which sub-paragraph (4) is satisfied.

(6) Where an award is adjusted upon review instigated by the Secretary of State, the adjustment shall take effect from the date of the review.

(1)

1943 c. 39; section 5 was amended by the Chronically Sick and Disabled Persons Act 1970 (c. 44), section 23(2) and the Social Security Act 1980 (c. 30), section 16(3).