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

Review - service termination

55.—(1) This article applies where—

(a) a person has been awarded injury benefit;

(b) a decision in relation to injury benefit (“the injury benefit decision”) has been made within 7 years of the day the service of the member ends; and

(c) the service of the member has ended.

(2) Subject to paragraph (3), the Secretary of State must review an injury benefit decision, where an application for review made in accordance with paragraph (6) is given or sent to the Service Personnel and Veterans Agency.

(3) Where a member has more than one period of service—

(a) the time limit for an application for a review under this article, and

(b) the condition specified in paragraph (1)(b),

relate to the period of service during which the injury for which injury benefit has been awarded arose.

(4) On a review under this article the Secretary of State may—

(a) make a new decision which maintains the final decision; or

(b) subject to paragraph (5), revise an award of injury benefit.

(5) An award may be revised only where the injury in respect of which it has been awarded has—

(a) become worse or caused a further injury to develop; and

(b) the injury, or the injury and the further injury together is described by—

(i) a descriptor at a tariff level which is higher than that already awarded for the injury; or

(ii) an additional descriptor for the injury or the further injury.

(6) An application for a review under this article must be made within the period of 1 year starting with the day on which service ends and must—

(a) be in writing;

(b) be signed by or on behalf of the person making the application; and

(c) specify the ground on which the application is made.

(7) The decision of the Secretary of State on a review under this article and the reasons for the decision must—

(a) be in writing;

(b) be given or sent to the applicant;

(c) inform the applicant of any right the applicant may have—

(i) to a reconsideration of the decision under article 53; and

(ii) to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

(8) Article 49 has effect in respect of an application for a review under this article as though a reference to making a claim was a reference to making an application for a review and reference to the time for making a claim was a reference to the time for making an application for a review.

(9) The Secretary of State is to review an injury benefit decision under this article on one occasion only.

(10) In this article and articles 56 and 57 “an injury benefit decision” means—

(a) a final decision in relation to injury benefit;

(b) a decision in relation to injury benefit where—

(i) an application for a reconsideration has been made under article 53(1), or

(ii) article 53(5) applies,

and in either case the reconsideration has not been determined;

(c) a decision in relation to injury benefit made by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court.