The Personal Injuries (Civilians) Amendment Scheme 1997

4.  Where an award or an adjustment to an award is made following a decision of the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside—

(a) subject to paragraph 8, payment shall not be made in respect of any period before the date of the application to the President of the Pensions Appeal Tribunals where the ground for setting aside the decision of the Tribunal is the availability of additional evidence(1);

(b) the Secretary of State may make payment for a past period which does not exceed six years from the date of the application which led to the decision of the President of the Pensions Appeal Tribunals where the ground for setting aside the decision is that the Tribunal’s decision was erroneous in point of law(2).

(1)

See section 6(2A)(b)(i) of the Pensions Appeal Tribunals Act 1943 (1943 c. 39); section 6(2A) was inserted by the Chronically Sick and Disabled Persons Act 1970 (c. 44), section 23(1) and amended by the Social Security and Housing Benefits Act 1982 (c. 24), section 43(1).

(2)

See section 6(2A)(b)(ii) of the Pensions Appeal Tribunals Act 1943 (1943 c. 39).