Statutory Instrument 2001 No. 419

The War Pensions (Mercantile Marine) (Amendment) Scheme 2001

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© Crown Copyright 2001

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(a) omit sub-paragraphs (2)(c) and (4)(c);

(b) in sub-paragraph 4(iii) omit "of issue", for "claim, review" substitute "claim or review" and omit from "or, as appropriate" to the end;

(c) in sub-paragraph (6) before "Where" insert "Subject to sub-paragraph (7)"; and

(d) after sub-paragraph (6) insert - 

    " (7) Where an award is reviewed as a result of a decision ("the original decision") which arose from an official error, the reviewed decision shall take effect from the effective date of the original decision and for this purpose "official error" means an error made by the Secretary of State, or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.".

    (3) In paragraph 4 omit sub-paragraph (a).

    (4) In paragraph 5 - 

(a) in sub-paragraph (a) for "claim, an application" substitute "claim or an application" and omit "or, as the case may be, an application for an appeal"; and

(b) in the full-out words for "claim, application" substitute "claim or an application" and omit "or application for an appeal".

    (5) In paragraph 9 - 

(a) for sub-paragraph (a) substitute - 


" (a) he would have made a claim or an application for a review on an earlier date than he actually did but for an act or omission of the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, which wrongly caused him to delay the claim or application and that act or omission was the dominant cause of the delay;"



(b) in sub-paragraph (b) for "error" substitute "act or omission"; and

(c) in the full-out words for "an appeal" substitute "a review".

Hugh Bayley
Parliamentary Under-Secretary of State, Department of Social Security

12th February 2001



We consent


Jim Dowd

Clive Betts
Two of the Lords Commissioners of Her Majesty's Treasury

14th February 2001

[2] See the Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), article 2, Ministry of Social Security Act 1966 (c. 20), section 2, the Secretary of State for Social Services Order 1968 (S.I. 1968/1699), article 2, and the Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843), article 3.back

[3] 1964/2058. Amending instruments are S.I. 1987/585, 1988/639, 1989/540, 1993/692 and 1997/811.back

[4] Schedule 7 was substituted by S.I. 1997/811.back