# The Personal Injuries (Civilians) Scheme 1983, Paragraph 1


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:
(a) in the case of an application for the award of a pension as a result of which a pension is awarded—
Item
Circumstances applicable
Time limit for application for pension
Day before which payment of pension not to be made
(i)
where application by disabled person
time limit in Article 54(2)
the day following date disabled person ceases whole-time service as a member of the armed forces of the Crown.
(ii)
where application in respect of a person's death
time limit in Article 54(3)
the day following date of death.
(iii)
where circumstances in either (i) or (ii) above apply
application not made within time limit in (i) or (ii) above as the case may be
the date of the application for pension.
(b) subject to the provisions of paragraphs 2 and 3 of this Schedule, in the case of:
an appeal under section 3, 4 or 6(2) of the Pensions Appeal Tribunals Act 1943 (appeal to and from Pensions Appeal Tribunal), or
a 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)
as a result of which appeal or review a pension is awarded or, as the case may be, restored—
Item
Circumstances applicable
Time limit for application for pension
In 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
Day before which payment of pension not to be made
(i)
where application by disabled person
time limit in Article 54(2)
within 3 months of date of notification of rejection of application or of notification of withholding or reduction under Article 6
the day following date disabled person ceases whole-time service as a member of the armed forces of the Crown.
(ii)
where application in respect of a person's death
time limit in Article 54(3)
within 3 months of date of notification of rejection of claim or of notification of withholding or reduction under Article 6
the day following date of death.
(iii)
where circumstances in either (i) or (ii) above apply
application not made within time limit in (i) or (ii) above as the case may be
appeal or review not made within periods in (i) or (ii) above as the case may be
in 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.
(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—
Item
Circumstances applicable
Day before which payment of a pension not to be made
(i)
where such appeal is commenced within time prescribed by the said Act
the date of commencement of assessment of degree of disablement.
(ii)
where circumstances in (i) above do not apply
the date of commencement of such an appeal.
(d) in the case of a review under article 76 of an assessment as a result of which the rate of pension is increased—
Item
Circumstances applicable
Day before which payment of a pension not to be made
(i)
where 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
the date of commencement of assessment of degree of disablement.
(ii)
where circumstances in (i) above do not apply
the date of application for review, or if no such application, the date the Secretary of State first decided that there should be a review.

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Source: https://www.legislation.gov.uk/uksi/1983/686/schedule/5/paragraph/1 (the official version)
Page: https://openlegislation.uk/personal-injuries-civilians-scheme-1983/schedule-5/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.