The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (Revoked 9.5.2011)

PART VI U.K. CLAIMS

Entitlement to benefit dependant on claim U.K.

35.—(1) Except as provided in article 37, no person is entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied, he makes a claim for it in the manner, and within the time, specified in the following provisions of this Part.

(2) Where a person who is in service on or after 6th April 2005 or a surviving spouse, surviving civil partner or surviving adult dependant of such a person makes a claim for a pension for disablement or death under The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 M1 , the Secretary of State [F2 may] treat that claim as also being a claim for benefit under this Order.

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Time for making a claim – general U.K.

39.—(1) Subject to articles 40 and 41, the time specified for making a claim for injury benefit is [F6 7 years] beginning with the day on which—

(a) the injury occurs;

(b) an injury which is not caused by service is made worse by service;

(c) where the member or former member of the forces is suffering from an illness, he first seeks medical advice in relation to that illness; or

(d) the service of the member of the forces ends

whichever is the earlier.

(2) Where an illness first presents within the period specified in paragraph (1) but diagnosis of the illness is not made until less than one year before the end of that period, the time for making a claim is extended by [F7 3 years] starting from the date on which diagnosis was made.

(3) The time specified for making a claim for death benefit where—

(a) the death occurs after the day on which the service of the former member of the forces ends; and

(b) within a period of [F6 7 years] starting with the day on which that service ends;

is [F8 3 years beginning with the day on which death occurred.].

Time for making a claim – exceptional circumstances U.K.

40.—(1) Article 39 does not apply where—

(a) a claim is made by a former member of the forces for a late onset illness and the illness has been diagnosed by an accredited medical specialist;

(b) the death of a former member of the forces—

(i) is caused by a late onset illness

(ii) occurs in circumstances specified in article 9(3)(c)(ii).

(2) Where paragraph (1) applies, the time specified for making a claim is [F9 3 years] beginning with the day the late onset illness was first diagnosed or the day on which the death occurred as the case may be.

Time for making a claim – physical or mental incapacity U.K.

41.—(1) Where a person is physically or mentally incapable of making a claim or instructing another person to make it on his behalf throughout the time specified for making a claim in article 39 or 40, that time shall be extended by the Secretary of State for such further period as in all circumstances of the case he considers reasonable.

(2) Where a person—

(a) has been physically or mentally incapable of making a claim or instructing another to make it on his behalf; but

(b) becomes so capable within the period referred to in [F10 article 39 or 40]

the Secretary of State may extend the time for making a claim for a period of up to [F11 3 years] if he considers there is insufficient time for the person to make a claim or instruct a person to make it on his behalf within the period referred to in [F12 article 39 or 40].

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