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

PART III U.K. BENEFITS PAYABLE FOR INJURYF1

Textual Amendments

F1 Arts. 15A, 15B inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 8

Interpretation of Part III U.K.

13.  In Part III—

(a) subject to paragraph (c), “first injury” means, in a case where more than one injury is sustained in one incident, the injury in relation to which the highest amount specified in column (b) of Table 10 is payable and “second injury” and “third injury” shall be construed accordingly;

(b) [M1 subject to article 15B(6)] any reference to an amount specified in column (b) of Table 10 means the amount specified in that column on the day on which—

(i) a claim for benefit is determined under article 43,

(ii) a final award is made under article 44

(iii) a decision of the Secretary of State is revised under article 45, 47, 48 or 49

(iv) a decision relating to benefit is revised by a Pension Appeal Tribunal, an appropriate Social Security Commissioner M2 or a court

as the case may be.

[F2 (c) in a case where more than one injury is sustained in one incident and where article 18 or 19 applies to one or more of the injuries sustained in that incident, for the purposes of the calculation at article 15(2), “first injury” means the injury which would attract the highest relevant amount as described in article 14 and “second injury” and “third injury” shall be construed accordingly.]

Textual Amendments

F2 Art. 13(c) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 6(2)

Marginal Citations

M1 Words in art. 13(b) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 5

M2 See section 6A(9) of the Pensions Appeal Tribunals Act 1943 (c. 39) inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.

Description of benefits – injury U.K.

14.—(1) Benefits payable for injury are—

(a) a lump sum;

(b) a guaranteed income payment payable until death.

(2) The tariff shall have effect for the purpose of determining the amount of lump sum [F3 , additional multiple injury lump sum] and the guaranteed income payment as follows—

(a) in Tables 1 to 9 (inclusive) the injuries in column (b) [F4 give] rise to entitlement at the corresponding tariff level in column (a).

(b) [F5 subject to paragraphs (8) and (9),] in Table 10 the amount in column (b) shall be the relevant amount in relation to the injuries of the tariff level referred to in column (a).

(3) Subject to article 20, benefits for injury are only payable in respect of injuries specified in column (b) of Tables 1 to 9 (inclusive).

(4) Guaranteed income payment is not payable in respect of injuries giving rise to entitlement at levels 12 to 15 of the Tables 1 to 9 (inclusive) of the tariff.

(5) A person is only entitled to one guaranteed income payment regardless of the number of injuries which are sustained;

(6) If a member of the forces has sustained more than one injury in separate incidents the [F6 guaranteed income payment] which is payable is the highest such payment which has been awarded.

(7) Guaranteed income payment is not payable until the day after the day on which the service of the member of the forces to whom it was awarded ends and no such payment is payable in respect of any period before that day.

[F7 (8) In the case of an injury to which article 18 applies the relevant amount shall be the amount in article 18(2)(a).

(9) In the case of an injury to which article 19 applies the relevant amount shall be the amount in article 19(4).]

Textual Amendments

F3 Words in art. 14(2) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 6

F4 Words in art. 14(2)(a) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 7(1)

F5 Words in art. 14(2)(b) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 7(2)

F6 Words in art. 14(6) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 7(3)

F7 Art. 14(8)(9) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 7(4)

Amount of lump sum U.K.

15.—(1) Where one injury is sustained in one incident, the amount of the lump sum is the relevant amount, described in article 14 (2)(b), applicable to that injury.

[F8 (1A) Where the conditions in article 15A apply, that article shall apply in place of paragraphs (2) to (7).]

(2) Subject to paragraph (3), where more than one injury is sustained in one incident, the amount of the lump sum shall be calculated as follows—

(a) for the first injury, 100 per cent. of the relevant amount applicable to that injury;

(b) for the second injury, 30 per cent. of the relevant amount applicable to that injury;

(c) for the third injury, 15 per cent. of the relevant amount applicable to that injury;

and no further amount shall be paid where four or more injuries are sustained in one incident.

(3) The total amount payable under paragraph (2) shall not exceed the amount specified at level 1 in column (a) of table 10.

(4) Subject to paragraph (6) where—

(a) more than one injury has been sustained in one incident;

(b) a claim for injury benefit (“the first claim”) is made for some but not all the injuries; and

(c) after notice of the decision on the first claim has been given or sent to the claimant, a further claim for injury benefit is made for other injuries sustained in that incident, the Secretary of State shall [F9 except where paragraph (6B) applies] determine the further claim by recalculating the amount of the lump sum in accordance with paragraphs (2) and (3) taking into account all the injuries sustained in that incident which have been the subject of a claim.

(5) In determining the further claim under paragraph (4) the Secretary of State may

(a) increase the amount of the lump sum awarded in respect of the first claim; or

(b) award no, or no further, amount of benefit.

(6) Where the Secretary of State increases the amount of the lump sum awarded in respect of the first claim, account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award and the later award shall be paid.

[F10 (6A) Paragraph 6B applies where—

(a) more than one injury is sustained in one incident;

(b) the cause of the injuries occurred on or after the coming into force of this Order;

(c) a further claim for injuries is made pursuant to paragraph (4) and the Secretary of State determines that the amount of lump sum awarded in respect of the first claim shall be increased; and

(d) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment for one or more such injuries is recalculated pursuant to article 16(4) and is determined as 100 per cent.

(6B) The first claim shall be recalculated pursuant to article 15A and the further claim determined pursuant to that article, save that account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award and the later award shall be paid.]

(7) Paragraphs (4), (5) and (6) [F11 (6A) and (6B)] shall not apply to a further claim for injury benefit referred to in paragraph (4)(a) unless that claim is made within the time specified in articles 39, 40 and 41 for making a claim.

Textual Amendments

F8 Art. 15(1A) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(1)

F9 Words in art. 15(4)(c) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(2)

F10 Art. 15(6A)(6B) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(3)

F11 Words in art. 15(7) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(4)

Amount of lump sum where 100 per cent guaranteed income payment determined U.K.

15A.—(1) ) This article applies where—

(a) more than one injury is sustained in one incident;

(b) the cause of the injuries occurred on or after the coming into force of this Order; and

(c) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment in accordance with article 16 for one or more such injuries is 100 per cent.

(2) Subject to paragraph (3) the amount of the lump sum is the total of the relevant amount (described in article 14(2)(b)) applicable to each injury.

(3) The total amount payable under paragraph (2) shall not exceed the amount specified at level 1 in column (a) of table 10.

(4) Subject to paragraph (6) where—

(a) a claim for injury benefit (“the first claim”) is made for some but not all the injuries sustained in one incident; and

(b) after notice of the decision on the first claim has been given or sent to the claimant, a further claim for injury benefit is made for other injuries sustained in that incident, the Secretary of State shall determine the further claim by recalculating the amount of the lump sum in accordance with paragraphs (2) and (3) taking into account all the injuries sustained in that incident which have been the subject of a claim.

(5) In determining the further claim under paragraph (4) the Secretary of State may—

(a) increase the amount of the lump sum awarded in respect of the first claim; or

(b) award no, or no further, amount of benefit.

(6) Where the Secretary of State increases the amount of the lump sum awarded in respect of the first claim, account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award and the later award shall be paid.

(7) Paragraphs (4), (5) and (6) shall not apply to a further claim for injury benefit referred to in paragraph (4)(a) unless that claim is made within the time specified in articles 39, 40 and 41 for making a claim.

Additional multiple injury lump sum U.K.

15B.—(1) This article applies where—

(a) more than one injury is sustained in one incident;

(b) the cause of the injuries occurred on or after 6th April 2005 and before the coming into force of this Order;

(c) an entitlement to injury benefit has been determined in respect of more than one such injury either before or after the coming into force of this Order; and

(d) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment in accordance with article 16 for one or more such injuries is 100 per cent.

(2) The Secretary of State shall award an additional benefit (“the additional multiple injury lump sum”) in accordance with this article.

(3) The amount of the additional multiple injury lump sum is, subject to paragraphs (4) and (5), the total of the relevant amount (described in article 14(2)(b)) applicable to each injury in respect of which a lump sum would have been payable but for article 15(2).

(4) Account shall be taken of the lump sum previously awarded and, subject to paragraph (5), the difference between that award and the amount of the additional multiple injury lump sum calculated in accordance with paragraph (3) shall be paid.

(5) The total amount payable in accordance with this article shall not, taking into account the amount of lump sum previously awarded, exceed the amount specified at level 1 in column (a) of Table 10.

(6) The determination of the amount of the additional multiple injury lump sum shall be made according to the tariff in force on the day on which—

(a) the entitlement to injury benefit is determined under article 43;

(b) a final award of injury benefit is made under article 44;

(c) a decision of the Secretary of State in relation to injury benefit is revised under article 45, 47, 48 or 49; or

(d) a decision relating to injury benefit is revised by a Pension Appeal Tribunal, an appropriate Social Security Commissioner or a court.

Yn ddilys o 15/12/2008

Additional lump sum U.K.

15C.—(1) Subject to article 15D, the Secretary of State shall award a benefit (“the additional lump sum”) for a qualifying injury in accordance with this article.

(2) Only one award of additional lump sum shall be made for a qualifying injury.

(3) The amount of the additional lump sum is, subject to paragraph (4), A – B.

(4) The total amount payable under paragraph (3) shall not, taking into account all previous awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident, exceed the amount specified at level 1 in column (a) of the Table in paragraph (6).

(5) In this article—

(a) “A” means the combined total of the amount of benefit that would be awarded for each qualifying injury sustained in one incident if, in making the determination as to the relevant amount of benefit that was to be awarded —

(i) the reference in article 14(2)(b) to the amount in column (b) of Table 10 was read as a reference to the amount in column (b) of the Table in paragraph (6); and

(ii) the reference in articles 15(3), 15A(3) and 15B(5) to the amount specified at level 1 in column (a) of Table 10 was read as a reference to the amount specified at level 1 in column (a) of the Table in paragraph (6);

(b) “B” means the combined total of all previous awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident;

(c) “benefit” means a lump sum or an additional multiple injury lump sum;

(d) “determination” means the determination by the Secretary of State in accordance with this Order as to the total of all awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident;

(e) “qualifying injury” means an injury in respect of which an entitlement to benefit has been determined before 15th December 2008;

(f) “relevant amount” has the meaning described in article 14(2)(b).

(6) The Table referred to in paragraphs (4) and (5) is—

Column (a) Tariff level	Column (b) Amount
1	£570,000
2	£402,500
3	£230,000
4	£172,500
5	£115,000
6	£92,000
7	£63,825
8	£48,875
9	£34,100
10	£23,100
11	£13,750
12	£9,075
13	£5,775
14	£2,888
15	£1,155.

Yn ddilys o 15/12/2008

Exception to entitlement to additional lump sum U.K.

15D.—(1) This article applies where—

(a) a qualifying injury has been sustained; and

(b) on or after 15th December 2008 the award of benefit applicable to that qualifying injury is —

(i) increased under article 15(5) or 15A(5);

(ii) revised under article 45, 47, 48 or 49; or

(iii) revised by a Pension Appeal Tribunal, an appropriate Social Security Commissioner, the First-tier Tribunal, the Upper Tribunal or a court.

(2) Notwithstanding article 15C, there is no entitlement to an additional lump sum award for a qualifying injury if such an award has not been paid before the day on which the award of benefit applicable to that qualifying injury is increased or revised.

(3) In this article, “benefit” and “qualifying injury” have the same meaning as in article 15C.

Amount of guaranteed income payment U.K.

16.—(1) The annual amount of guaranteed income payment is the relevant percentage of the base figure.

(2) The base figure is calculated by multiplying the relevant salary by the relevant factor.

(3) In this article—

(a) where one injury is sustained in one incident, “the relevant percentage” is—

(i) 100 per cent. where the injury gives rise to entitlement at level 1, 2, 3 or 4 of table 10 of the tariff (band A),

(ii) 75 per cent. where the injury gives rise to entitlement at level 5 or 6 of table 10 of the tariff (band B),

(iii) 50 per cent. where the injury gives rise to entitlement at level 7 or 8 of table 10 of the tariff (band C), and

(iv) 30 per cent. where the injury gives rise to entitlement at level 9, 10 or 11 of table 10 of the tariff (band D);

(b) where more than one injury is sustained in one incident and the first and second injuries are specified in the same band, “the relevant percentage” is the percentage specified in the band immediately above the band in which the injuries are specified (except where the injuries are specified in band A in which case “the relevant percentage” is 100 per cent.);

(c) where more than one injury is sustained in one incident and the first and second injuries are specified in different bands, “the relevant percentage” is the percentage specified in respect of the band in which the injury attracting the highest lump sum is specified.

(4) Where the Secretary of State recalculates the amount of a lump sum under article 15(4) and, as a result, the first injury falls within a higher band of Table 10 of the tariff than it did before the recalculation, the Secretary of State shall then recalculate the amount of guaranteed income payment payable under paragraph (3)(b) or (c) of this article on the basis of the increased lump sum.

(5) In this article—

“the relevant salary” is the salary of the member of the forces on the day on which his service ends or, in the case of a former member of the forces, his salary on that day up-rated for inflation to the date of claim;

“the relevant factor” is the figure specified in column (b) of the table set out in Schedule 5 in relation to the relevant age specified in column (a); and

“the relevant age” is the age of the member of the forces on the day on which his service ends or, in the case of a former member of the forces, the date of claim.

(6) Up-rating a former member of the forces' salary for inflation for the purposes of determining “the relevant salary” under this article shall be carried out in accordance with article 64.

More than one injury - general U.K.

17.—(1) Except where article 18 or 19 applies, this article applies where a member of the forces sustains an injury on more than one occasion and in each case the injury is caused by service.

(2) Where a lump sum is payable for a second or subsequent injury, that sum is payable in full and guaranteed income payment is payable with reference to that lump sum but subject to article 14(5) and (6).

Injury to a pair of like parts of the body U.K.

18.—(1) This article applies where a member of the forces loses, or loses the function of, first one (“the first injury”) and later, in another incident, the other (“the second injury”) of a pair of like parts of the body specified in paragraph (4) and—

(a) both the injuries are caused by service; and

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

(2) Where paragraph (1) applies—

(a) the lump sum for the second injury is Y – X;

(b) any award of guaranteed income payment made for the first injury ceases to have effect; and

(c) subject to article 14(5) and (6), guaranteed income payment is payable for the second injury as if the lump sum for that injury was for injury to both of the pair of like parts of the body.

(3) In this article—

(a) Y is the amount in column (b) of Table 10 of the tariff corresponding with the tariff level specified in column (a) of the relevant table for the loss of both of the pair of like parts of the body; and

(b) X is the amount in column (b) of Table 10 of the tariff corresponding with the tariff level specified in column (a) of the relevant table for the loss of one of the pair of like parts of the body.

(4) The pairs of like parts of the body to which this article applies are—

• arms or part of an arm,

• feet (but not toes),

• hands (but not fingers),

• kidneys,

• legs or part of a leg,

• total loss of sight in both eyes,

• total loss of hearing in both ears.

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.

Temporary Awards U.K.

20.—(1) Where the Secretary of State considers that—

(a) a person has sustained an injury of a description for which no provision is made in the tariff; and

(b) that injury is sufficiently serious to warrant an award of injury benefit [F12 or of an additional multiple injury lump sum]; and

(c) that injury is listed in the International Statistical Classification of Diseases and Related Health Problems M3 or in the Diagnostic and Statistical Manual of Mental Disorders M4

he shall make a temporary award in respect of that person relating to the level of the tariff which he considers appropriate for that injury.

(2) The amount of the lump sum [F13 or of the additional multiple injury lump sum] payable under a temporary award is the amount which would have been payable had the injury been included in the level of the tariff which the Secretary of State considers appropriate for the injury.

(3) Where guaranteed income payment is payable under a temporary award, the amount payable is that which would have been payable had the injury been included in the tariff at the level which the Secretary of State considers appropriate for the injury.

[F14 (3A) The making of a temporary award does not give rise to a right to—

(a) a reconsideration of the decision under article 45; or

(b) a review of the decision under articles 47 or 48.]

(4) If the Secretary of State—

(a) does not, within the period of one year starting with the date on which the temporary award is given or sent to the claimant, amend this Order by including the injury for which the temporary award is made in the level of the tariff which he considers appropriate for [F15 that injury—

(i) he shall issue a decision refusing to make a permanent award of benefit in favour of the claimant, and

(ii) guaranteed income payment shall cease to be payable under the temporary award at the end of the period but no amount, [F16 of any lump sum, of any additional multiple injury lump sum or of any guaranteed income payment] paid in accordance with that award is recoverable]

(b) does, within that period, so amend this Order—

(i) [F17 he shall issue a decision making a permanent award in favour of the claimant, which award shall take effect] on the day on which the amending Order comes into force, and

(ii) guaranteed income payment shall continue to be paid in accordance with this Order.

Textual Amendments

F12 Words in art. 20(1)(b) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 9(1)

F13 Words in art. 20(2) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 9(2)

F14 Art. 20(3A) inserted (26.7.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 8(1)

F15 Words in art. 20(4)(a) substituted (26.7.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 8(2)

F16 Words in art. 20(4)(a)(ii) substituted (8.2.2008) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 9(3)

F17 Words in art. 20(4)(b)(i) substituted (26.7.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 8(3)

Marginal Citations

M3 World Health Organisation Press, Geneva. 10th Revision (1992).

M4 American Psychiatric Association, Washington DC 20005 USA. 4th Edition, Text Revision (2000).