Article 40 Time for making a claim – exceptional circumstances
United Kingdom
(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 F13 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.
Annotations
Textual amendments
- F1
Words in art. 40 substituted (3.8.2010) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 (S.I. 2010/1723), arts. 1(1), 3(5) (with art. 12)