Paragraph 5
Where a claimant satisfies the Secretary of State that—
(a)
he would have made a claim or an application for a review on a date (“the earlier date”) earlier than that (“the actual date”) on which he actually did so but for the fact that he was incapable of so doing or of instructing someone to act on his behalf by reason of illness or disability; and
(b)
that illness or disability continued to be the cause of the delay up to the moment the claim or application was made
any reference in this Schedule to the date of claim or date of application for review shall be treated as a reference to the later of—
(i)
the earlier date; and
(ii)
the date three years before the actual date.