Article 4 Limitation on arrearsI1

United Kingdom

Except in so far as the Secretary of State may otherwise direct with respect to any particular case or class of case, in any case where the date from which an award is by virtue of this Order to be taken to have had effect is earlier than the date from which payment under the award was first made, any arrears due to a person in respect of the award shall be limited to those payable in respect of a period of 6 years prior to the following dates—

(a)

in the case of an award made following a direction made under the rules F1or by the Upper Tribunal in which a rehearing of an appeal by F2an appropriate tribunal has been ordered, whether or not followed by such a rehearing, the date of the application which resulted in such a direction;

(b)

in the case of an award made following an order under section 6(2A) (joint application) of the 1943 Act, whether or not followed by a rehearing of an appeal by F3an appropriate tribunal, the date of the application under Section 6(2A) which resulted in the order;

(c)

in the case of an award made following an appeal under section 6(2) (appeal F4from the appropriate tribunal) of the 1943 Act, whether or not followed by a rehearing of an appeal by F5an appropriate tribunal, the date of the successful application for leave to appeal under section 6(2);

Annotations

Textual amendments

F1: Words in art. 4(a) inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(a)(i)
F2: Words in art. 4(a) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(a)(ii)
F3: Words in art. 4(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(b)
F4: Words in art. 4(c) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(c)(i)
F5: Words in art. 4(c) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 21(c)(ii)

Commencement

I1: Art. 4 in force at 30.8.1982, see art. 1(1)