# The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (Revoked 9.5.2011), Article 40: Time for making a claim – exceptional circumstances

Extent: E+W+S+N.I.

(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 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.

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Source: https://www.legislation.gov.uk/uksi/2005/439/article/40 (the official version)
Page: https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2005-revoked-952011/article-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.