# The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001, Paragraph 21


In paragraph 1 of Schedule 3 (commencing dates of awards)—
(a) omit sub-paragraphs (2)(d) and (4)(c);
(b) for sub-paragraph (4)(ii) substitute “(ii) except where sub-head (i) applies, the date of notification of a decision on the claim or review.”;
(c) in sub-paragraph (6) before “Where” insert “Subject to sub-paragraph (6A),”; and
(d) after sub-paragraph (6) insert—
“(6A) Where an award is reviewed as a result of a decision (“the original decision”) which arose from an official error, the reviewed decision shall take effect from the effective date of the original decision and for this purpose “official error” means an error made by the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.”.

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Source: https://www.legislation.gov.uk/uksi/2001/409/schedule/1/paragraph/21 (the official version)
Page: https://openlegislation.uk/naval-military-and-air-forces-etc-disablement-and-death-service-pensions-amendment-order-2001/schedule-1/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

