{
  "url": "https://openlegislation.uk/personal-injuries-civilians-scheme-1983/schedule-5/paragraph-1",
  "json_url": "https://openlegislation.uk/personal-injuries-civilians-scheme-1983/schedule-5/paragraph-1.json",
  "legislation": "uksi/1983/686",
  "legislation_title": "The Personal Injuries (Civilians) Scheme 1983",
  "legislation_url": "https://openlegislation.uk/personal-injuries-civilians-scheme-1983",
  "path": "schedule/5/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "Except in so far as the Secretary of State may otherwise direct with respect to any particular case or class of case, payment of a pension in respect of disablement or, as the case may be, death, including payment of an increase in the rate of a pension on account of an increased assessment of the degree of disablement, shall not be made in respect of any period preceding:\n(a) in the case of an application for the award of a pension as a result of which a pension is awarded—\nItem\nCircumstances applicable\nTime limit for application for pension\nDay before which payment of pension not to be made\n(i)\nwhere application by disabled person\ntime limit in Article 54(2)\nthe day following date disabled person ceases whole-time service as a member of the armed forces of the Crown.\n(ii)\nwhere application in respect of a person's death\ntime limit in Article 54(3)\nthe day following date of death.\n(iii)\nwhere circumstances in either (i) or (ii) above apply\napplication not made within time limit in (i) or (ii) above as the case may be\nthe date of the application for pension.\n(b) subject to the provisions of paragraphs 2 and 3 of this Schedule, in the case of:\nan appeal under section 3, 4 or 6(2) of the Pensions Appeal Tribunals Act 1943 (appeal to and from Pensions Appeal Tribunal), or\na review under Article 76 or under section 6(2C) of the 1943 Act (review following order under section 6(2A) of the 1943 Act for a rehearing of an appeal by a Pensions Appeal Tribunal)\nas a result of which appeal or review a pension is awarded or, as the case may be, restored—\nItem\nCircumstances applicable\nTime limit for application for pension\nIn all appeal cases and section 6(2C) reviews the appeal to Pensions Appeal Tribunal commenced, orin other review cases application for review, or where no such application, date Secretary of State first decided there should be a review\nDay before which payment of pension not to be made\n(i)\nwhere application by disabled person\ntime limit in Article 54(2)\nwithin 3 months of date of notification of rejection of application or of notification of withholding or reduction under Article 6\nthe day following date disabled person ceases whole-time service as a member of the armed forces of the Crown.\n(ii)\nwhere application in respect of a person's death\ntime limit in Article 54(3)\nwithin 3 months of date of notification of rejection of claim or of notification of withholding or reduction under Article 6\nthe day following date of death.\n(iii)\nwhere circumstances in either (i) or (ii) above apply\napplication not made within time limit in (i) or (ii) above as the case may be\nappeal or review not made within periods in (i) or (ii) above as the case may be\nin all appeal cases and section 6(2C) reviews the date appeal under section 3 or 4 1943 Act commenced; in other review cases the date of application for review, or where no such application, the date the Secretary of State first decided there should be a review.\n(c) in the case of an appeal under section 5 of the 1943 Act as a result of which the claim to the continuance or resumption of the payment of the pension is accepted or the rate of pension is increased—\nItem\nCircumstances applicable\nDay before which payment of a pension not to be made\n(i)\nwhere such appeal is commenced within time prescribed by the said Act\nthe date of commencement of assessment of degree of disablement.\n(ii)\nwhere circumstances in (i) above do not apply\nthe date of commencement of such an appeal.\n(d) in the case of a review under article 76 of an assessment as a result of which the rate of pension is increased—\nItem\nCircumstances applicable\nDay before which payment of a pension not to be made\n(i)\nwhere date review is applied for or, if there is no application for review, date Secretary of State first decided that there should be a review is within 3 months of notification of interim assessment, or 12 months in the case of final assessment\nthe date of commencement of assessment of degree of disablement.\n(ii)\nwhere circumstances in (i) above do not apply\nthe date of application for review, or if no such application, the date the Secretary of State first decided that there should be a review.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "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 16 of the Social Security Act 1980 (c. 30), and section 6 was also amended by section 43 of the Social Security and Housing Benefits Act 1982 (c. 24)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "rev in pt",
      "affecting": "uksi/2001/420",
      "affecting_title": "The Personal Injuries (Civilians) Amendment Scheme 2001"
    },
    {
      "type": "am",
      "affecting": "uksi/2001/420",
      "affecting_title": "The Personal Injuries (Civilians) Amendment Scheme 2001"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2001/420",
      "affecting_title": "The Personal Injuries (Civilians) Amendment Scheme 2001"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2001/420",
      "affecting_title": "The Personal Injuries (Civilians) Amendment Scheme 2001"
    },
    {
      "type": "am",
      "affecting": "uksi/2001/420",
      "affecting_title": "The Personal Injuries (Civilians) Amendment Scheme 2001"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1997/812",
      "affecting_title": "The Personal Injuries (Civilians) Amendment Scheme 1997"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2008/2683",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2008/2683",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008"
    },
    {
      "type": "am",
      "affecting": "uksi/2005/3031",
      "affecting_title": "The Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005"
    },
    {
      "type": "subst",
      "affecting": "uksi/2005/3031",
      "affecting_title": "The Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005"
    },
    {
      "type": "am",
      "affecting": "uksi/2006/765",
      "affecting_title": "The Personal Injuries (Civilians) (Amendment) Scheme 2006"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2008/2683",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2008/2683",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2008/2683",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2008/2683",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1983/686/schedule/5/paragraph/1",
    "retrieved_at": "2026-10-29T18:02:31.584899+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}