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The Personal Injuries (Civilians) (Amendment) Scheme 2006

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Amendment to the principal Scheme - Schedule 5

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6.—(1) Paragraph 1 of Schedule 5 to the principal Scheme (commencing dates of awards of pension) shall be amended in accordance with the following provisions.

(2) In paragraph 1 sub-paragraph (6), for the words “sub-paragraph (7)” substitute the words “sub-paragraphs (7), (7A) and (7B)”.

(3) In paragraph 1, after sub-paragraph (7) insert sub-paragraphs (7A) and (7B) as follows—

(7A) Where, an award is suspended pursuant to Article 69A(3) but, on one of the conditions set out in Article 69A(5) being satisfied, the Secretary of State subsequently reviews the award, the Secretary of State shall adjust the award in accordance with sub-paragraph (6) and shall make a backdating payment in respect of the award, which payment shall—

(a)apply in respect of the period between the date on which the suspension took effect and the date of the review, and

(b)be calculated by reference to the rate at which the award was in payment prior to its suspension.

(7B) Where, a pensioner’s award has been cancelled (pursuant to Article 69B(1)) but, following submission of a further claim (in accordance with Article 69B(2)) the Secretary of State has made a further award in the pensioner’s favour, such award shall take effect and payment shall be made—

(a)from the date on which the suspension took effect,

(b)at such rate as the Secretary of State determines to be appropriate when making the further award.

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