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Article 8 Application of provisions of Pensions Order and Civilians Scheme in relation to commencement of awards

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of any award by the Secretary of State implementing a decision of the Pensions Appeal Tribunal in any appeal under article 3(1) above or an order of the High Court on an appeal from that decision, article 65 of the Pensions Order or, as the case may be, article 74 of the Civilians Scheme shall apply—

(a)

in the case of the said article 65 as if the references in heads (i), (ii) and (iii) of paragraph (b) of that article to the date of the notification of the rejection of the claim were references to the date of the notification of such rejection to the designated person;

(b)

in the case of the said article 74 as if the reference in head (i) of paragraph (b) of that article to the date of the notification of the rejection of the claim was a reference to the date of the notification of such rejection to the designated person;

(2)

For the purposes of any award by the Secretary of State implementing such a decision in any appeal under article 3(2) above or an order of the High Court on an appeal from such decision, the said article 65 or, as the case may be, the said article 74 shall apply—

(a)

in the case of the said article 65 as if the references in heads (i), (ii) and (iii) of paragraph (b) of that article to six months of the date of the notification of the rejection of the claim and to three months of such notification were references to six months from the date of the claimant's death;

(b)

in the case of the said article 74 as if the reference in head (i) of paragraph (b) of that article to three months of the date of the notification of the rejection of the claim was a reference to six months from the date of the claimant's death;

provided that the claimant died within six months or, as the case may be, three months of the date of such notification.