Article 58 Review - award of damages

(1)

This article applies where—

(a)

the Secretary of State has made an award of benefit to a person;

(b)

the person has recovered damages in respect of the injury or death for which the award of benefit is payable; and

(c)

the Secretary of State is satisfied that benefit paid or payable under this Order has not been taken into account in the assessment of the damages.

(2)

On a review under this article the Secretary of State may revise a decision by decreasing the amount of the award, or so as to cancel the award of benefit.

(3)

The decision of the Secretary of State on a review under this article and the reasons for the decision must—

(a)

be in writing;

(b)

be given or sent to the claimant; and

(c)

inform the applicant of any right the applicant may have—

(i)

to a reconsideration of the decision under article 53; and

(ii)

to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

(4)

In this article “damages” has the meaning given in article 40(6) and (8).