Article 85 Claims and applications for reconsideration or review made before 9th May 2011

(1)

Where paragraph (2) applies, and subject to article 88, a claim, a reconsideration, or a review is to be determined in accordance with this Order.

(2)

This paragraph applies where before 9th May 2011—

(a)

a claim or application, under a provision of the AFCS 2005 specified in paragraph (3) was made, but a decision on that claim or application was not given or sent to the claimant before that date;

(b)

an appeal was made to an appropriate tribunal but the Secretary of State had not reconsidered the decision under appeal under article 45(5) of the AFCS 2005 before that date.

(3)

The claims and applications referred to in paragraph (2) are—

(a)

a claim for injury benefit or death benefit under article 35, including a case where a claim is not required under article 37;

(b)

an application for reconsideration under article 45(1);

(c)

an application for review under article 48(1);

(d)

an application for review under article 49(1).

(4)

In paragraph (2)(a) “a decision on that claim or application” means a decision under the following provisions of the AFCS 2005—

(a)

article 43(1);

(b)

article 45(2);

(c)

article 48(1); or

(d)

article 49(3).