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

Date on which awards of benefit become payable U.K.

64.—(1) A lump sum, a fast payment, medical expenses and a bereavement grant are to be paid as soon as is reasonably practicable after the award has been made.

(2) Subject to paragraphs (5) and (6) an award of guaranteed income payment becomes payable—

(a) where a member is discharged from the forces on medical grounds and the award is for the injury which caused the member to be discharged on medical grounds, on the day after the discharge;

(b) where a member is awarded injury benefit which includes an award of guaranteed income payment, on the day after the day on which the member's service ends;

(c) in any case where sub-paragraph (a) or (b) does not apply, on the date of claim.

[F1 (2A) Subject to paragraph (2B) and notwithstanding paragraph (8), where a person becomes entitled to armed forces independence payment, that allowance becomes payable on—

(a) subject to paragraph (b), the date of claim; or

(b) where the date of claim is no later than 3 months after the date an award of guaranteed income payment has been determined or revised—

(i) the date of claim for that award; or

(ii) where paragraph (5) applies, the date on which the guaranteed income payment is, or, but for article 16(10) would have been, payable.

(2B) No armed forces independence payment is payable for any period before 8th April 2013.]

(3) Where a person who is entitled to a pension for disablement or death under the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (“the 2006 Order”) subsequently becomes entitled to benefit under this Order for the same injury or death for which there was entitlement under the 2006 Order, the date on which benefit under this Order becomes payable is the date on which—

(a) a claim for benefit is determined under article 51;

(b) a final award is made under article 54;

(c) a decision of the Secretary of State is reconsidered under article 53 or revised under article 55, 56, 57 or 59;

(d) a decision relating to benefit is revised by an appropriate tribunal, the Upper Tribunal, an appropriate Social Security Commissioner or a court, as the case may be.

[F2 (4) Subject to paragraph (6), an award of survivor's guaranteed income payment and an award of child's payment become payable—

(a) on the day following the date of death where—

(i) a member dies in service; or

(ii) a former member dies and a claim for benefit is made within 3 months of the date of death; or

(b) on the date of claim where sub-paragraph (a) does not apply.]

(5) Subject to article 16(10), an award—

(a) revised under article 53 becomes payable on the date of claim;

(b) revised under article 55 becomes payable on the day after the member's service ends;

(c) revised under article 56 or 57 becomes payable on the date the application for review is sent to the Secretary of State;

(d) subject to paragraph (6), revised under 59 becomes payable—

(i) on the date the application for review is sent to the Secretary of State; or

(ii) where no application for a review has been made, the date on which the decision in relation to the revised award is sent to the claimant.

(6) Subject to paragraph (8), where a decision of the Secretary of State is revised under article 59 so as to award benefit or increase the amount of benefit awarded, guaranteed income payment, survivor's guaranteed income payment or child's payment becomes payable from the beginning of the period starting 6 years—

(a) before the date on which the application for review is sent to the Secretary of State; or

(b) where no application for a review has been made, before the date on which the decision in relation to the revised award is sent to the claimant.

(7) Where the amount of an award is reduced following a review under article 58 or 59, the reduced amount becomes payable on the date on which notification of the revised award is given or sent to the claimant.

(8) [F3 Except where paragraph (4)(a)(ii) applies,] no benefit is payable for any period before the date of claim.

Textual Amendments

F1 Art. 64(2A)(2B) inserted (8.4.2013) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2013 (S.I. 2013/436), arts. 1(1), 2(8)

F2 Art. 64(4) substituted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 7(a) (with art. 10)

F3 Words in art. 64(8) inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 7(b) (with art. 10)