The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001

Amendment of Schedule 3

21.  In paragraph 1 of Schedule 3 (commencing dates of awards)—

(a) omit sub-paragraphs (2)(d) and (4)(c);

(b) for sub-paragraph (4)(ii) substitute “(ii) except where sub-head (i) applies, the date of notification of a decision on the claim or review.”;

(c) in sub-paragraph (6) before “Where” insert “Subject to sub-paragraph (6A),”; and

(d) after sub-paragraph (6) insert—

“(6A) Where an award is reviewed as a result of a decision (“the original decision”) which arose from an official error, the reviewed decision shall take effect from the effective date of the original decision and for this purpose “official error” means an error made by the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.”.

22.  In paragraph 4 of Schedule 3 omit sub-paragraph (a).

23.  In paragraph 5 of Schedule 3—

(a) in sub-paragraph (a) insert “or” between “claim” and “an application” and omit “or, as the case may be, an application for an appeal”; and

(b) in the full-out words for “claim, application” substitute “claim or date of application” and omit “or application for an appeal”.

24.  In paragraph 10 of Schedule 3—

(a) for sub-paragraph (a) substitute—

“(a) he would have made a claim or an application for a review on an earlier date than he actually did but for an act or omission of the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, which wrongly caused him to delay the claim or application and that act or omission was the dominant cause of the delay;”;

(b) in sub-paragraph (b) for “error” substitute “act or omission”; and

(c) in the full-out words for “claim, date” substitute “claim or date” and omit “or application for an appeal”.