The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Cancellation – failure to comply with request

66.—(1) Where a pensioner whose award has been suspended under article 65(3) does not, within the period of 12 months beginning with date on which the notice referred to in article 65(1) or (2) is given or sent to him, comply with a requirement to supply information or evidence or to attend for a medical examination the Secretary of State shall cancel that award.

(2) A pensioner whose award has been cancelled under paragraph (1) may make a further claim in respect of the matters which gave rise to that award.

(3) The Secretary of State shall send written notification of the cancellation of the award, which shall inform the pensioner—

(a) that the award has been cancelled;

(b) of the reasons for such cancellation; and

(c) that he may make a further claim for the award in question in accordance with paragraph (2).

(4) Where a pensioner makes a further claim under paragraph (2), the award shall, if the conditions specified in paragraph (5) are satisfied, be paid in accordance with paragraph 1(9) of Schedule 3.

(5) The conditions referred to in paragraph (4) are that—

(a) the pensioner has supplied the information or evidence required in a notice given or sent under article 65(1)(a) or article 65(2); or

(b) the pensioner has attended for a medical examination as required by the Secretary of State; or

(c) the Secretary of State, by notice in writing, has informed the pensioner that it is no longer necessary for him to supply the information or evidence referred to in subparagraph (a) above, or to attend the medical examination referred to in subparagraph (b) above.