Article 41 Time for making a claim – physical or mental incapacity
United Kingdom
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.
Where a person—
has been physically or mentally incapable of making a claim or instructing another to make it on his behalf; but
becomes so capable within the period referred to in F1article 39 or 40
the Secretary of State may extend the time for making a claim for a period of up to F23 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 F3article 39 or 40.
Annotations
Textual amendments
- F1
Words in art. 41(2)(b) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 12(1)
- F2
Words in art. 41 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)
- F3
Words in art. 41(2) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 12(2)