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Paragraph 4 Period for making an electionF1

(1)

Subject to sub-paragraph (2), a member who has not made an election before the commencement date is not entitled to elect to receive a diffuse mesothelioma lump sum unless the member makes an election within the period of three months beginning with whichever is the later of—

(a)

the commencement date; and

(b)

the date on which the Secretary of State notifies or notified the member that his or her claim has been accepted.

(2)

Sub-paragraph (3) applies to a member of the armed forces—

(a)

to whom an award under Part 2 of the Order in respect of disablement due to diffuse mesothelioma is in payment on the commencement date; and

(b)

who has not made an election before that date.

(3)

The member is not entitled to elect to receive a diffuse mesothelioma lump sum unless he or she makes an election within the period of three months beginning with whichever is the later of—

(a)

the commencement date; and

(b)

the date on which the Secretary of State provides the member with a written estimate of the amount of the diffuse mesothelioma lump sum to which the member will be entitled if the member makes an election.

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