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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

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Time for making a claim - physical or mental incapacity

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49.—(1) This paragraph applies if throughout the time specified for making a claim in article 47 or 48 a person is physically or mentally incapable of making a claim for injury benefit or death benefit or instructing another person to make a claim on their behalf.

(2) Where paragraph (1) applies, that time is to be extended for such further period as in all circumstances of the case the Secretary of State considers reasonable.

(3) This paragraph applies if a person—

(a)has been physically or mentally incapable of making a claim for injury benefit or death benefit or instructing another to make it on their behalf;

(b)becomes so capable within the period referred to in article 47 or 48.

(4) Where paragraph (3) applies, the time for making a claim may be extended for a period of up to 3 years, if the Secretary of State considers there is insufficient time for the person to make a claim, or instruct a person to make it on their behalf, within the period referred to in article 47 or 48.

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