OpenLegislation

Paragraph 2 Entitlement to diffuse mesothelioma lump sumF1

(1)

A member of the armed forces is entitled to a diffuse mesothelioma lump sum if sub-paragraph (2) applies.

(2)

This sub-paragraph applies where—

(a)

a consultant respiratory physician or consultant oncologist makes or has made a diagnosis that the member has diffuse mesothelioma;

(b)

the member makes or has made a claim under article 34(1) and (2) (making of claims) in respect of disablement due to diffuse mesothelioma which was caused by service in the period before 6th April 2005;

(c)

the Secretary of State accepts or has accepted that claim under article 40 or 41 (whichever is applicable); and

(d)

after the claim is or was accepted, the member elects or has elected to receive a diffuse mesothelioma lump sum under paragraph 3.

Annotations

Textual amendments

F1

Sch. 1A inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 12