Article 76 Review of decisions, assessments and awards

(1)

Subject to the provisions of paragraphs (3), (4) and (7), any decision accepting or rejecting a claim for pension or any assessment of the degree or nature of the disablement of any person or any final decision that the disablement is not or is no longer serious or prolonged may be reviewed by the Secretary of State at any time on any ground.

(2)

Subject as aforesaid, any award under this Scheme may be reviewed by the Secretary of State at any time if the Secretary of State is satisfied that—

(a)

the award was made in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law;

(b)

there has been any relevant change of circumstances since the award was made;

(c)

the award was based on a decision or assessment to which paragraph (1) applies, and that decision or assessment has been revised.

(3)

Subject to the provisions of paragraph (7), following a review under paragraph (1) of any decision accepting a claim for pension or any assessment of the degree or nature of the disablement of any person, that decision or assessment may be revised by the Secretary of State to the detriment of a person only where the Secretary of State is satisfied that—

(a)

the decision or assessment was given or made in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law; or

(b)

in the case of an interim assessment there has been a change in the degree of disablement which is due to the qualifying injury since the assessment was made.

(4)

An award under this Scheme may be revised by the Secretary of State to the detriment of a person only where the Secretary of State is satisfied that—

(a)

the award was made in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law; or

(b)

there has been any relevant change of circumstances since the award was made; or

(c)

the decision or assessment upon which the award was based has been revised under paragraph (3).

(5)

Subject to the provisions of paragraphs (3) and (4), on a review under this Article the Secretary of State may maintain, continue, vary or cancel the decision, assessment or award and any revised decision, assessment or award shall be such as may be appropriate having regard to the provisions of this Scheme.

(6)

Notwithstanding the provisions of paragraphs (3), (4) and (5) where a decision accepting a claim for pension is revised, the Secretary of State may, if in any case he sees fit, continue any award based on that decision at a rate not exceeding that which may be from time to time appropriate to the assessment of the degree of disablement existing immediately before the date of the revision.

(7)

Nothing in this Article shall be taken to authorise the review of any assessment or decision made, given or upheld under the Pensions Appeal Tribunals Acts 1943 and 1949.^f1

Annotations

Footnotes

f1: This Act was amended and modified by the Pensions Appeal Tribunals Act 1949 (c.12); sections 5 and 6 were amended by section 23 of the Chronically Sick and Disabled Persons Act 1970(c.44). Sections 5 and 6 were also amended by section 43 of the Social Security and Housing Benefits Act 1982 (c.24).