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The Personal Injuries (Civilians) Amendment Scheme 1997
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6.—(1) Where, upon review of a decision rejecting a claim for pension, the Secretary of State makes an award on the basis that medical opinion has developed since the date of the decision which is the subject of the review, no payment may be made in respect of any period preceding whichever is the later of—
(a)the date on which the Secretary of State considers that medical opinion had developed to the extent that an award in the claimant’s case was justified; and
(b)the date three years before the date of application for a review or, where the review is at the instigation of the Secretary of State, the date three years before the date of the Secretary of State’s review decision.
(2) Where the Secretary of State accepts a claim and he is satisfied that a claimant would have made a claim at an earlier date but for advice given by the Secretary of State that a claim would be rejected on the basis of medical opinion, the Secretary of State may make payment in respect of a period commencing on whichever is the later of—
(a)the date on which the Secretary of State considers that medical opinion had developed to the extent that an award in the claimant’s case was justified; and
(b)the date three years before the date of claim.
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