The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

More than one injury to the same part of the body U.K.

19.—(1) This article does not apply to an injury which is a fracture or a dislocation.

(2) Paragraphs (3) and (4) of this article apply where a member of the forces sustains an injury to a part of the body (“the first injury”) and later, in another incident, sustains another injury to the same part of the body (“the second injury”) and—

(a) both injuries are caused by service; and

(b) an award of injury benefit has been made for the first injury.

(3) Subject to article 14(5) and (6) where the second injury is sustained after the relevant period has ended, injury benefit is payable in accordance with this Order.

(4) Where the second injury is sustained before the relevant period ends—

(a) if the second injury is an injury which gives rise to entitlement at the same or a lower level of column (a) of Table 10 of the tariff compared with the first injury, the lump sum payable for the second injury is the relevant percentage of the lump sum which would, but for this article, be payable for that injury;

(b) if the second injury is an injury which gives rise to an entitlement at a higher level in column (a) of Table 10 of the tariff compared with the first injury, the lump sum payable for the second injury under this article is (A - B) + P; and

(c) subject to article 14(5) and (6), guaranteed income payment is payable in accordance with this Order and, for the purposes of determining under article 14(5) which is the highest guaranteed income payment that has been awarded, subparagraphs (a) and (b) of this paragraph have no effect.

(5) Paragraph (6) of this article applies where a member of the forces sustains a third or a fourth or more injuries to the same part of the body and all the injuries are caused by service.

(6) Where paragraph (5) applies, paragraph (2) to (4) apply as though references in those paragraphs to—

(a) the first injury were references to the second injury (or to the third or fourth injury and so on where further injuries are sustained to the same part of the body);

(b) the second injury were references to the third injury (or to the fourth or fifth injury and so on where further injuries are sustained to the same part of the body); and

(c) the relevant period were references to the period of 9 years starting with the date on which the injury referred to in subparagraph (a) of this paragraph was sustained.

(7) In this article—

(a) A is the lump sum which would, but for this article, be payable for the second injury;

(b) B is the lump sum which has been awarded for the first injury;

(c) P is the relevant percentage of the lump sum which would be awarded for the second injury if that injury gave rise to entitlement at the same level in column (a) of Table 10 of the tariff as the first injury;

(d) “a part of the body” means shoulder, elbow, wrist, hip, knee, ankle joints and associated ligaments or cervical, thoracic or lumbosacral sections of the back;

(e) “relevant period” means a period of 9 years starting with the date on which the first injury is sustained;

(f) “relevant percentage” means the percentage specified in column (b) of the following table in relation to the number of whole years specified in paragraph (a) of that table being the number of whole years the second injury is sustained after the first injury was sustained.

The number of whole years	The percentage paid
(a)	(b)
Less than 1	10 per cent.
1	20 per cent.
2	30 per cent.
3	40 per cent.
4	50 per cent.
5	60 per cent.
6	70 per cent.
7	80 per cent.
8	90 per cent.