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

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Definition of “late onset illness”

   4. 4. Definition of “salary”

   5. 5. Service of documents

3. PART II THE COMPENSATION SCHEME

   1. 6. The Compensation Scheme

   2. 7. Injury caused by service

   3. 8. Injury made worse by service

   4. 9. Death caused by service

   5. 10. Injury and death – inclusions

   6. 11. Injury and death - exclusions

   7. 12. Modifications of provisions for members or former members of the reserve forces and Gurkhas

4. PART III BENEFITS PAYABLE FOR INJURY

   1. 13. Interpretation of Part III

   2. 14. Description of benefits – injury

   3. 15. Amount of lump sum

   4. 15A. Amount of lump sum where 100 per cent guaranteed income payment determined

   5. 15B. Additional multiple injury lump sum

   6. 15C. Additional lump sum

   7. 15D. Exception to entitlement to additional lump sum

   8. 16. Amount of guaranteed income payment

   9. 17. More than one injury - general

   10. 18. Injury to a pair of like parts of the body

   11. 19. More than one injury to the same part of the body

   12. 20. Temporary Awards

5. PART IV BENEFITS PAYABLE FOR DEATH

   1. 21. Description of benefits - death

   2. 22. Meaning of “surviving adult dependant”

   3. 23. Meaning of “eligible child”

   4. 24. Eligible child - further provisions

   5. 25. Children born after the death of a member or former member of the forces

   6. 26. Amount of survivor's guaranteed income payment

   7. 27. Amount of bereavement grant

   8. 28. Amount of child's payment

   9. 29. Awards of child's payment: later adjustment

   10. 30. Children entitled to three or more awards of child's payment

6. PART V REDUCTION OF BENEFIT

   1. 31. Reduction of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts.

   2. 32. Reduction in benefit to take account of awards of damages

   3. 33. Abatement of awards in respect of Social Security benefits

   4. 34. Negligence or misconduct

7. PART VA CESSATION OF BENEFIT

   1. 34A. Cessation of guaranteed income payment and survivor's guaranteed income payment on admission to the Royal Hospital, Chelsea

8. PART VI CLAIMS

   1. 35. Entitlement to benefit dependant on claim

   2. 36. Manner of making a claim

   3. 37. Cases where claims are not required

   4. 38. Date of claim

   5. 39. Time for making a claim – general

   6. 40. Time for making a claim – exceptional circumstances

   7. 41. Time for making a claim – physical or mental incapacity

   8. 42. Withdrawal or amendment of claim

9. PART VII ADJUDICATION

   1. 43. Decisions

   2. 44. Interim awards

   3. 45. Reconsideration

   4. 46. Finality of decisions

   5. 47. Review on discharge on medical grounds

   6. 48. Review – exceptional circumstances

   7. 48A. Review - award of damages

   8. 49. Review – ignorance or mistake

   9. 50. Burden of proof

   10. 51. Standard of proof

   11. 52. Evidence

   12. 53. Information and medical examination

10. PART VIII PAYMENT

    1. 54. Date on which awards of benefit become payable

    2. 55. Time of payment

    3. 56. Suspension – Pensions Appeal Tribunal

    4. 57. Suspension – Social Security Commissioner

    5. 58. Suspension – courts

    6. 59. Suspension in other cases

    7. 60. Payments on death

11. PART IX THIRD PARTIES

    1. 61. Persons under 18

    2. 62. Persons who are mentally infirm

12. PART X UP-RATING

    1. 63. Annual up-rating of guaranteed income payment, survivor's guaranteed income payment and child's payment

    2. 64. Up-rating of relevant salary for the purposes of articles 16, 26 and 28

13. PART XI TRANSITORY PROVISION

    1. 65. Transitory provision: Coming into force of the Civil Partnership Act 2004

14. Signature

15. 1. SCHEDULE 1

       MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

       1. PART I SUBSTANTIAL RELATIONSHIP

          1. In deciding whether a relationship of a deceased member of...

          2. 1. Evidence of regular financial support by the deceased.

          3. 2. Evidence of a valid will or life insurance policy, valid...

          4. 3. Evidence indicating that the deceased and the claimant were purchasing...

          5. 4. Evidence of a joint savings plan or joint investments of...

          6. 5. Evidence that the deceased and the claimant operated a joint...

          7. 6. Evidence of joint financial arrangements such as joint repayment of...

          8. 7. Evidence that the deceased or the claimant had given the...

          9. 8. If the deceased and the claimant lived in rented accommodation,...

          10. 9. Evidence that the deceased and the claimant shared responsibility for...

          11. 10. The length of the relationship.

       2. PART II EXCLUSIVE RELATIONSHIP

          1. A relationship is not an exclusive relationship if— one or...

    2. SCHEDULE 2

       MODIFICATIONS FOR RESERVE FORCES

       1. 1. The following definitions are inserted in article 2(1) in the...

       2. 2. (1) For paragraph (1) of article 4 there is substituted...

       3. 2A. In paragraph 2(b) of article 27 for “AFPS 2005” there...

       4. 3. For article 31 there is substituted the following article—

    3. SCHEDULE 3

       MODIFICATIONS FOR GURKHAS WHO ARE MEMBERS OF THE GURKHA PENSION SCHEME

       1. 1. (1)  This Schedule sets out modifications of this Order that...

       2. 2. In the definition of “relevant factor” in articles 16(5), 26(3)...

       3. 3. For article 31 substitute— Reduction of guaranteed income payment, survivor's...

       4. 4. This is the table referred to in articles 16(5), 26(3)...

    4. SCHEDULE 4

       THE TARIFF

    5. SCHEDULE 5

       TABLE OF FACTORS