War Pensions (Mercantile Marine) (Amendment) Scheme 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/419 |
| Year | 2001 |
2001 No. 419
PENSIONS
The War Pensions (Mercantile Marine) (Amendment) Scheme 2001
Made 14th February 2001
Coming into force 9th April 2001
The Secretary of State for Social Security, with the consent of the Treasury, in exercise of the powers conferred by sections 3, 4 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 19391, and now vested in him2and of all other powers enabling him in that behalf, hereby makes the following Scheme:
Citation, commencement and interpretation
1. This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 2001 and, subject to article 3, shall come into force on 9th April 2001.
2. This Scheme shall be read as one with the War Pensions (Mercantile Marine) Scheme 19643(“the principal Scheme”).
Amendments to the principal Scheme
3. Schedule 7 to the principal Scheme (commencing dates of awards of benefit)4shall be amended as provided in this article for the purposes of decisions made and notified on or after 9th April 2001.
In paragraph 1—
omit sub-paragraphs (2)(c) and (4)(c);
in sub-paragraph 4(iii) omit “of issue”, for “claim, review” substitute “claim or review” and omit from “or, as appropriate” to the end;
in sub-paragraph (6) before “Where” insert “Subject to sub-paragraph (7)”; and
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.”.
In paragraph 4 omit sub-paragraph (a).
In paragraph 5—
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
in the full-out words for “claim, application”...
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