{
  "url": "https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2005-revoked-952011/article-40",
  "json_url": "https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2005-revoked-952011/article-40.json",
  "legislation": "uksi/2005/439",
  "legislation_title": "The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (Revoked 9.5.2011)",
  "legislation_url": "https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2005-revoked-952011",
  "path": "article/40",
  "kind": "article",
  "number": "40",
  "heading": "Time for making a claim – exceptional circumstances",
  "text": "(1) Article 39 does not apply where—\n(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;\n(b) the death of a former member of the forces—\n(i) is caused by a late onset illness\n(ii) occurs in circumstances specified in article 9(3)(c)(ii).\n(2) Where paragraph (1) applies, the time specified for making a claim is 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/439/article/40",
    "retrieved_at": "2026-10-29T05:08:45.926081+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}