Chwilio Deddfwriaeth

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

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Article 2(1)

SCHEDULE 1MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

PART 1SUBSTANTIAL RELATIONSHIP

1.  In deciding whether a relationship of a deceased member (“the deceased”) and the claimant is a substantial relationship, the Secretary of State is to have regard to—

(a)any evidence which the claimant considers demonstrates that the relationship is substantial; and

(b)must in particular have regard to the examples of the evidence specified in paragraph 2 which could, either alone or together, indicate that the relationship is substantial.

2.  The evidence referred to in paragraph 1(b) is—

(a)evidence of regular financial support of the claimant by the deceased;

(b)evidence of a valid will or life insurance policy, valid at the time of the deceased’s death, in which—

(i)the deceased nominates the claimant as principal beneficiary or co-beneficiary with children; or

(ii)the claimant nominates the deceased as the principal beneficiary;

(c)evidence indicating that the deceased and the claimant were purchasing accommodation as joint owners or evidence of joint ownership of other valuable property, such as a car or land;

(d)evidence of a joint savings plan or joint investments of a substantial nature;

(e)evidence that the deceased and the claimant operated a joint account for which they were co-signatories;

(f)evidence of joint financial arrangements such as joint repayment of a loan or payment of each other’s debts;

(g)evidence that the deceased or the claimant had given the other a power of attorney;

(h)evidence that the names of both the deceased and the claimant appeared on a lease or rental agreement, if they lived in rented accommodation;

(i)evidence that the deceased and the claimant shared responsibility for children;

(j)evidence of the length of the relationship.

PART 2EXCLUSIVE RELATIONSHIP

3.  A relationship is not an exclusive relationship if—

(a)one or both of the parties to the relationship is married to, or is the civil partner of, someone other than the other party to the relationship; or

(b)one or both of the parties is a party to another relationship which is, or could be considered to be, a substantial and exclusive relationship having regard to the provisions of this Schedule.

Article 13

SCHEDULE 2MODIFICATIONS FOR RESERVE FORCES

Modification of article 2 (interpretation)

1.  The following definitions are inserted in article 2(1) in the appropriate alphabetical order—

“relevant service” has the same meaning as in regulations made under sections 83 and 84 of the Reserve Forces Act 1996(1);

“reservists’ award” means an award payable to a member of a reserve force by virtue of regulations made under sections 83 and 84 or the Reserve Forces Act 1996 in respect of financial loss suffered by the member during relevant service, but does not include—

(a)

any award payable to a self-employed member of a reserve force in respect of the member’s status as an employer;

(b)

any amount payable to a reservist as a result of expenses incurred by the member during a period of relevant service; or

(c)

any payments made into the member’s civilian occupational pension scheme.

Modification of article 4 (definition of “salary”)

2.—(1) For paragraph (1) of article 4 substitute the following paragraph—

(1) Subject to paragraph (3), in this Order “salary”, in relation to a member of the reserve forces in respect of whom benefit is payable, means—

(a)the basic pay payable at the rate of a regular member of the forces who is of equivalent substantive rank, or acting rank, as the case may be, and seniority;

(b)an amount which represents any reservist’s award to which the member is entitled on the day the member leaves the service by virtue of being in relevant service on that day;

(c)where the member is not in relevant service on the day the member leaves service, an amount which represents any reservist’s award to which there would have been an entitlement had the member been in relevant service on that day; and

(d)any other amount if and to the extent that the Defence Council have determined that it is to be treated as salary..

(2) In article 4(2) for “(1)(b)” substitute “(1)(d)”.

Modification of article 11 (injury and death – exclusions relating to travel, sport and slipping or tripping)

3.  In article 11(10)(b) after “temporarily attached” insert “for the purpose of service in the reserve forces.”.

Modification of article 35 (amount of bereavement grant)

4.  Where death is caused wholly or partly by service in the reserve forces, for article 35 substitute the following article—

35.(1) Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000.

(2) Subject to paragraph (3), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500.

(3) Where the person was an active member of the RFPS 2005 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the date of death and the amount specified in paragraph (2).

(4) Where a former member of the reserve forces dies, the bereavement grant is £37,500.

(5) In the event that there is more than one surviving spouse entitled to the bereavement grant, the amount to which each such surviving spouse is entitled is to be the amount payable, in accordance with the provisions of this article, divided by the number of spouses so entitled at the date of death of the member or former member of the reserve forces.

(6) In this article—

(a)“active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995(2);

(b)“reserve forces pension scheme” means the FTRSPS 2010, the NRPSPS or the RFPS 2005..

Modification of article 39 (adjustment of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts)

5.  For article 39 substitute the following article—

39.(1) This article applies where a person is entitled to guaranteed income payment, survivor’s guaranteed income payment or child’s payment for any period during which the person is also entitled to—

(a)a pension under the AFPS 1975, the AFPS 2005 or the Gurkha Pension Scheme (“a pension”);

(b)a payment under the Armed Forces Early Departure Payments Scheme Order 2005 (“a payment”)(3);

(c)a pension under the FTRSPS 2010, the NRPSPS or the RFPS 2005 (“a reserve forces pension”); or

(d)benefit under an occupational pension scheme or a personal pension scheme in respect of the same injury or death for which guaranteed income payment, survivor’s guaranteed income payment or child’s payment is paid (“a civilian pension”).

(2) Guaranteed income payment, survivor’s guaranteed income payment or child’s payment, as the case may be, is adjusted in accordance with paragraphs (3) or (5).

(3) Where a person is entitled to a guaranteed income payment for any period during which the person is also entitled to a pension or payment—

(a)specified in paragraph (4)(a), the amount of guaranteed income payment is reduced by 75% of that pension or payment;

(b)specified in paragraph (4)(b), the amount of guaranteed income payment is reduced by the full amount of that pension.

(4) The pensions or payment referred to—

(a)in paragraph (3)(a) are—

(i)a pension or a reserve forces pension which is not an ill-health pension paid for the same injury for which guaranteed income payment is paid;

(ii)a payment; or

(iii)a civilian pension;

(b)in paragraph (3)(b), are a pension or a reserve forces pension which is an ill-health pension paid for the same injury for which the guaranteed income payment is paid.

(5) Where a person is entitled to a survivor’s guaranteed income payment or a child’s payment for any period during which the person is also entitled to a pension, specified in paragraph (1)(a), (c) or (d), then the amount of the survivor’s guaranteed income payment or child’s payment is reduced by 75 % of the amount of that pension.

(6) Where an amount of a pension or payment specified in paragraph (1) increases or decreases (including commencement or cessation), after an award of benefit is made, the Secretary of State is to make such adjustments to the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment as are required to satisfy the rules for the adjustment of benefit specified in this article.

(7) In this article—

(a)any reference to a pension, payment, reserve forces pension, civilian pension or ill-health pension means the gross amount, irrespective of any commutation;

(b)“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993(4);

(c)“personal pension scheme” means a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 established within section 154(1) of the Finance Act 2004(5)..

Article 15(2)

SCHEDULE 3THE TARIFF AND SUPPLEMENTARY AWARDS

PART 1DESCRIPTORS, TARIFF LEVELS AND AMOUNTS - “THE TARIFF”

Table 1 – Burns(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
14Burns, with deep second degree, third degree, or full thickness burns affecting 70% or more of whole body surface area.
25Burns, with deep second degree, third degree, or full thickness burns affecting 50 to 69.9% of whole body surface area.
36Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49.9% of whole body surface area.
46Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, resulting in or expected to result in residual scarring and poor cosmetic result despite treatment and camouflage.
57Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck resulting in, or expected to result in, residual scarring and poor cosmetic result despite treatment and camouflage.
68Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 14.9% of whole body surface area.
79Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck resulting in, or expected to result in, residual scarring and satisfactory cosmetic result with camouflage.
811Burns, with deep second degree, third degree, or full thickness burns affecting 4.5 to 8.9% of whole body surface area.
912Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5% of whole body surface area.
1012Burns, with first degree or superficial second degree burns affecting more than 15% of whole body surface area.
1113Burns, with first degree or superficial second degree burns to the face or face and neck.
1214Burns, with first degree or superficial second degree burns affecting 4.5 to 15% of whole body surface area.
1315Burns, with first degree or superficial second degree burns affecting 1 to 4.4% of whole body surface area.
(*) Awards for all burns include compensation for any residual scarring or pigmentation and take into account any skin grafting.
(*) Awards for deep second degree, third degree or full thickness burns include compensation for actual or expected metabolic or cardiovascular consequences.

Table 2 - Injury, Wounds and Scarring(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
(a)

A descriptor for a non-freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities.

15Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent significant functional limitation or restriction.
25Loss of both kidneys or chronic renal failure.
36Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent significant functional limitation or restriction.
46Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent significant functional limitation or restriction.
56Complex injury to chest, with complications, causing permanent significant functional limitation or restriction.
67Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation or restriction.
77Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent significant functional limitation or restriction.
87Injury to chest, with complications, causing permanent significant functional limitation or restriction.
97Complex injury to chest causing permanent significant functional limitation or restriction.
107Complex injury to abdomen, including pelvis or perineum, or both, with complications, causing permanent significant functional limitation or restriction.
117Severe facial lacerations including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, which have required, or are expected to require, operative treatment, but with poor cosmetic result despite camouflage.
127High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to bone, soft tissue structures and vascular or neurological structures of the head and neck, torso or limb, with complications, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation or restriction.
138Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation or restriction.
148Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing permanent significant functional limitation or restriction.
158Severe facial lacerations which have required, or are expected to require, operative treatment, but with poor cosmetic result despite camouflage.
168Injury to abdomen, including pelvis or perineum, or both, with complications, causing permanent significant functional limitation or restriction.
178Complex injury to abdomen, including pelvis or perineum, or both, causing permanent significant functional limitation or restriction.
188Injury to chest, causing permanent significant functional limitation or restriction.
199Injury to abdomen, including pelvis or perineum, or both, causing permanent significant functional limitation or restriction.
209Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing permanent significant functional limitation or restriction.
219Complex injury covering all or most of the hand, with complications, causing permanent significant functional limitation or restriction.
229High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures and vascular or neurological structures of the head and neck, torso or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation or restriction.
2310Severe facial lacerations which have required, or are expected to require, operative treatment with a good cosmetic result with camouflage.
2410Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
2510Complex injury to chest, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
2610Complex injury covering all or most of the foot, with complications, causing permanent significant functional limitation or restriction.
2710Non-freezing cold injury with persistent local neuropathic pain and severe compromise of mobility or dexterity, and evidence of permanent damage to small nerves on thermal threshold testing.(a)
2811Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
2911Traumatic damage to spleen which has required splenectomy and where there is, or where there is a high risk of, overwhelming post-splenectomy infection.
3011Severe facial scarring which produces a poor cosmetic result despite camouflage.
3111High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures of the head and neck, torso or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation or restriction.
3211Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
3311Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
3411Complex injury to chest, which has caused or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
3511Complex injury to abdomen, including pelvis or perineum, or both, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
3611Complex injury covering all or most of the hand, with complications, which has caused or is expected to cause significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
3712Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
3812Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result.
3912Injury to chest, with complications, which has caused or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4012Injury covering all or most of the area from thigh to ankle or shoulder to wrist, which has caused or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4112High velocity gun shot wound, deep shrapnel fragmentation or one or more puncture wounds (or all or any combination of these injuries) to the head and neck, torso or limb which have required, or are expected to require, operative treatment with substantial functional recovery.
4212Traumatic injury to external genitalia requiring treatment resulting in severe permanent damage or loss.
4312Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, which has caused, or is expected to cause significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4412Complex injury to abdomen, including pelvis or perineum, or both, which has caused or is expected to cause significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4512Complex injury covering all or most of the foot, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4613Injury to abdomen, including pelvis or perineum, or both, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4713Injury to all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
4813Injury to chest, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with a substantial recovery beyond that date.
4913Moderate facial scarring where camouflage produces a good cosmetic result.
5013Lung damage due to toxic fumes, smoke inhalation or blast, where symptoms have continued, or are expected to continue beyond 6 weeks and where the claimant has made or is expected to make a substantial recovery within 26 weeks.
5113Traumatic tension or open pneumothorax.
5213Superficial shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb which have required, or are expected to require, operative treatment.
5313Fractured tooth which has required, or is expected to require, root resection.
5413Loss of two or more front teeth.
5513Non-freezing cold injury which has caused or is expected to cause neuropathic pain and significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.(a)
5614Injury to abdomen including pelvis or perineum, or both, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
5714Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result.
5814Minor facial scarring.
5914Flesh wound which has required, or is expected to require, operative treatment.
6014Traumatic injury to external genitalia requiring treatment resulting in moderate permanent damage.
6114Damage to one front tooth which has required, or is expected to require, a crown or root canal surgery.
6214Damage to two or more teeth other than front which have required, or are expected to require, crowns or root canal surgery.
6314Loss of one front tooth.
6414Loss of two or more teeth other than front.
6514Non-freezing cold injury which has caused, or is expected to cause, neuropathic pain and significant functional limitation or restriction at 6 weeks with substantial recovery beyond that date.(a)
6615Minor scarring of scalp, neck, torso or limbs.
6715Injury to abdomen, including pelvis, or both, which has caused, or is expected to cause significant functional limitation or restriction at 13 weeks, with substantial recovery within 26 weeks.
6815Shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb not requiring operative treatment.
(*) When applied to a limb injury the expression “complex injury” means that the injury affects all or most of the following structures: skin, subcutaneous tissues, muscle, bone, blood vessels and nerves.
(*) When applied to a limb injury the expression “with complications” means that the injury is complicated by at least one of septicaemia, osteomyelitis, clinically significant vascular or neurological injury, avascular necrosis, gross shortening of the limb, mal-united or non-united fracture, or the fact that the claimant has required, or is expected to require, a bone graft.
(*) When applied to a limb injury, the expression “injury covering all or most of the area” means external injury causing direct damage to contiguous areas of the limb circumference. In the case of a lower limb this may include direct damage to the buttocks.
(*) When applied to an injury to the torso the expression “complex injury” means that there is clinically significant damage to vital structures and organs including two or more of the following: trachea, lungs, heart, gastrointestinal tract, great vessels, major nerves, diaphragm, chest or abdominal wall, pelvic floor, liver, pancreas, kidneys, bladder, spleen or ovaries.
(*) When applied to an injury to the torso the expression “with complications” means that management of the injury has required two or more of the following: resuscitation, ventilation, thoracic or abdominal drainage, a laparotomy with repair and/or removal of organs and structures.
(*) When applied to an injury in this Table, the term “torso” means any part of the chest, back or abdomen including pelvis and perineum.
(*) When applied to any injury, the expression “vital structures” includes major nerve or blood vessels.
(*) An award for injury to a limb or the torso includes compensation for related scarring and damage to, or removal of structures (including skin, subcutaneous tissue, muscle, bone, tendons, ligaments, blood vessels, lymphatics and nerves).

Table 3 - Mental disorders(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
(a)

Functional limitation or restriction is severe where the claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness and over time able to work only in less demanding jobs.

(b)

Functional limitation or restriction is moderate where the claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness but able to work regularly in a less demanding job.

16Permanent mental disorder, causing severe functional limitation or restriction.(a)
28Permanent mental disorder, causing moderate functional limitation or restriction.(b)
310Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years.
412Mental disorder, which has caused, or is expected to cause functional limitation or restriction at 2 years, from which the claimant has made, or is expected to make, a substantial recovery within 5 years.
513Mental disorder, which has caused, or is expected to cause, functional limitation or restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 2 years.
614Mental disorder, which has caused or is expected to cause, functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
(*) In assessing functional limitation or restriction in accordance with article 5(6) account is to be taken of the claimant’s psychological, social and occupational function.
(*) Mental disorders must be diagnosed by a relevant accredited medical specialist.

Table 4 - Physical disorders – illnesses and infectious diseases(*)

ItemColumn (a)Column (b)
LevelDescription of physical disorder and its effects (“descriptor”)
16Physical disorder causing severe functional limitation or restriction where life expectancy is less than 5 years.
27Physical disorder causing severe functional limitation or restriction where life expectancy is reduced, but is more than 5 years.
39Physical disorder causing permanent severe functional limitation or restriction.
411Physical disorder which has caused, or is expected to cause, severe functional limitation or restriction at 26 weeks from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
511Physical disorder causing permanent moderate functional limitation or restriction.
612Permanent physical disorder where symptoms and functional effects are well controlled by regular medication.
713Physical disorder which has caused, or is expected to cause, severe functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
813Physical disorder which has caused, or is expected to cause, moderate functional limitation or restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
914Physical disorder which has caused, or is expected to cause, severe functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
1014Physical disorder which has caused, or is expected to cause, moderate functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
1115Physical disorder which has caused, or is expected to cause, moderate functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
(*) This Table relates to diseases and related physical health problems included in the World Health Organisation International Classification of Diseases and Related Health Problems(6). Mental and behavioural disorders and traumatic and accidental physical injuries are excluded.

Table 5 - Amputations(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
(a)

These descriptors also apply to circumstances where stump length or condition precludes satisfactory fitting of prosthesis.

(b)

“Total loss of use of another limb” means the total loss of the physical capacity or power to carry out its expected functions as compared with a normal healthy person of the same age and sex.

11Loss of both legs (above or below knee) and both arms (above or below elbow).
21Loss of both eyes or sight in both eyes and loss of either both legs (above or below knee), or both arms (above or below elbow).
31Total deafness and loss of either both legs (above or below knee) or both arms (above or below elbow).
41Loss of both arms where one loss is a shoulder disarticulation or forequarter loss, and the loss of the other arm is at any level.(a)
51Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below knee).
61Loss of one arm, above or below elbow, and one leg, above or below knee, with total loss of use of another limb due to traumatic injury involving vital structures.(b)
72Loss of both arms where one loss is at or above elbow (trans-humeral or elbow disarticulation) and the loss of the other arm is at, above or below elbow.
82Loss of one arm above elbow (shoulder disarticulation or forequarter).(a)
92Loss of both legs where one loss is at hip disarticulation or hindquarter loss, and the loss of the other leg is at any level.(a)
102Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow).
113Loss of both arms below elbow (trans-radial).
123Loss of both legs where one loss is at or above knee (trans-femoral or knee disarticulation) and the loss of the other is at any level.
133Loss of one leg above knee (hip disarticulation or hemipelvectomy).(a)
144Loss of one arm at or above elbow (trans-humeral or elbow disarticulation).
154Loss of both legs below knee (trans-tibial).
164Loss of both hands (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of both hands.
175Loss of one arm below elbow (trans-radial).
185Loss of one leg at or above knee (trans-femoral or knee disarticulation).
195Loss of both feet at ankle distal to the calcaneum.
206Loss of one leg below knee (trans-tibial).
216Loss of one hand (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of one hand.
227Loss of both thumbs.
238Loss of one foot at ankle distal to the calcaneum.
2410Loss of both great toes.
2510Loss of thumb.
2610Loss of both index fingers.
2710Loss of two or more fingers, other than thumb or index finger, from each hand.
2810Partial loss of thumb and index finger from each hand.
2911Loss of two or more fingers, other than thumb or index finger, from one hand.
3012Loss of great toe.
3112Loss of two or more toes, other than great toe, from each foot.
3212Loss of index finger from one hand.
3312Partial loss of thumb and index finger from one hand.
3412Partial loss of two or more fingers, other than thumb or index finger, from each hand.
3512Loss of one finger, other than thumb or index finger, from each hand.
3612Partial loss of thumb or index finger from each hand.
3712Persistent phantom limb pain.
3812Stump neuroma with trigger point stump pain.
3913Loss of two or more toes, other than great toe, from one foot.
4013Partial loss of each great toe.
4113Partial loss of one finger, other than thumb or index finger, from each hand.
4213Loss of one finger, other than thumb or index finger, from one hand.
4313Partial loss of two or more fingers, other than thumb or index finger, from one hand.
4413Partial loss of thumb or index finger from one hand.
4514Partial loss of great toe from one foot.
4614Loss of one toe, other than great toe, from each foot.
4714Partial loss of one finger, other than thumb or index finger, from one hand.
4814Partial loss of two or more toes, other than great toe, from one foot.
4915Loss of one toe, other than great toe, from one foot.
(*) Loss of one or both legs below knee includes loss of foot with loss of all or part of calcaneum (heel).
(*) Loss of a finger or thumb means that amputation has taken place at the metacarpophalangeal joint.
(*) Loss of a toe means that amputation has taken place at the metatarsophalangeal joint.

Table 6-Neurological disorders, including spinal, head or brain injuries(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
(a)

The claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness, but able to work regularly in a less demanding job.

(b)

The diagnosis and prognosis of post traumatic syndrome must be determined by a consultant neurologist.

11Cervical spinal cord injury where the claimant requires ventilatory support and there is complete tetraparesis.
21Cervical spinal cord injury with minimal upper limb function and complete or near complete paraparesis.
31Complete brachial plexus injury with avulsion of the roots from the spinal cord, resulting in complete flaccid paralysis and sensory loss, with persistent severe central pain.
41Brain injury with persistent vegetative state.
51Brain injury resulting in major loss or limitation of responsiveness to the environment, including absence or severe impairment of language function, and a requirement for regular professional nursing care.
62Cervical spinal cord injury with some useful upper limb function and complete or near complete paraparesis.
72Thoracic spinal cord injury with complete paraparesis.
82Injury to conus medullaris or cauda equina giving rise to complete paraparesis.
92Complete brachial plexus injury with avulsion of the roots from the spinal cord, resulting in complete flaccid paralysis and sensory loss, without persistent severe central pain.
102Partial brachial plexus injury in which spontaneous recovery or operative treatment has led to some restoration of useful function in the arm at the shoulder and elbow, but with no restoration of useful function in the hand.
112Brain injury where the claimant has some limitation of response to the environment; substantial physical and sensory problems; and one or more of cognitive, personality or behavioural problems, requiring some professional nursing care and likely to require considerable regular support from other health professionals.
123Injury to conus medullaris or cauda equina giving rise to partial paraparesis or severe monoparesis.
133Thoracic spinal cord injury with partial paraparesis.
144Injury to conus medullaris or cauda equina giving rise to partial asymmetric paraparesis.
154Uncontrolled post head injury epilepsy.
164Traumatic spinal injury with partial spinal cord, conus or cauda equina damage causing paraparesis of upper or lower limbs, or both, with some recovery and restoration of upper limb motor and sensory function, but no useful manual dexterity or ability to walk.
174Brain injury where the claimant has moderate physical or sensory problems; one or more of cognitive, personality or behavioural problems and requires regular help from others with activities of everyday living, but not professional nursing care or regular help from other health professionals.
185Partial brachial plexus injury in which spontaneous improvement or operative treatment has led to restoration of some useful function in the arm and hand.
195Hemiplegia.
206Injury to conus medullaris or cauda equina giving rise to partial monoparesis.
217Traumatic spinal injury resulting in partial paresis of lower or upper limbs, or both, with substantial recovery, restoration of lower and upper limb motor and sensory function, including a useful ability to walk.
228Brain injury from which the claimant has made a substantial recovery and is able to undertake some form of employment and social life, has no major physical or sensory deficits, but one or more of residual cognitive deficit, behavioural change or change in personality.(a)
238Mild brachial plexus injury with substantial recovery of arm and hand function resulting in good restoration of manual dexterity.
249Permanent isolated damage to one cranial nerve.
2510Permanent foot or wrist drop.
2611Minor traumatic head injury which has caused, or is expected to cause, functionally limiting or restricting post traumatic syndrome for more than 52 weeks.(b)
2711Brain or traumatic head injury with persistent balance symptoms and other functionally limiting neurological damage including permanent sensorineural hearing loss of less than 50dB averaged over 1, 2 and 3kHz.
2812Cerebral infarction due to vascular injury in the neck, resulting in persisting impairment of function and restriction of activities.
2912Controlled post head injury epilepsy.
3012Permanent substantial peripheral motor sensory or autonomic nerve damage.
3112Entrapment neuropathy which has not responded to treatment.
3213Permanent facial numbness including lip.
3313Entrapment neuropathy which has responded, or is expected to respond, to treatment.
3413Minor traumatic head injury which has caused, or is expected to cause, functionally limiting or restricting impaired balance or post-traumatic syndrome for more than 6 weeks, with substantial recovery beyond that date.
3514Permanent facial numbness which does not include the lip.
3615Permanent minor peripheral sensory nerve damage.
(*) An award for brain injury in levels 1, 2 or 4 includes compensation for associated sexual dysfunction, incontinence of the bowel and bladder, and epilepsy.
(*) An award for a spinal injury including a spinal cord, conus medullaris or cauda equina injury, complete or partial, at any tariff level, includes compensation for associated sexual dysfunction and incontinence of the bowel and bladder.
(*) The descriptors for a brachial plexus injury are for a unilateral injury.

Table 7-senses(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
(a)

These descriptors apply to bilateral hearing loss caused otherwise than by blast injury or acute acoustic trauma due to impulse noise.

11Total deafness and loss of both eyes, or total deafness and total blindness in both eyes, or total deafness and loss of one eye and total blindness in the other eye.
22Loss of eyes.
32Total blindness in both eyes.
42Loss of one eye and total blindness in the other eye.
52Total deafness in both ears.
65Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36.
75Blast injury to ears or acute acoustic trauma due to impulse noise with permanent bilateral sensorineural hearing loss of more than 75dB averaged over 1, 2 and 3kHz.
86Severe binocular visual field loss.
96Blast injury to ears or acute acoustic trauma due to impulse noise with permanent sensorineural hearing loss of 50-75dB averaged over 1, 2 and 3kHz in one ear and more than 75dB loss averaged over 1, 2 and 3kHz in the other.
106Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz.(a)
117Blast injury to ears or acute acoustic trauma due to impulse noise with permanent bilateral sensorineural hearing loss of 50-75dB averaged over 1, 2 and 3kHz.
128Total deafness in one ear.
138Bilateral permanent hearing loss of 50-75dB averaged over 1, 2 and 3kHz.(a)
148Loss of one eye or total blindness in one eye.
159Partial loss of vision where visual acuity is correctable to 6/60.
169Permanent and inoperable cataracts in both eyes.
1710Partial loss of vision where visual acuity is correctable to better than 6/60 and at least 6/36.
1810Detached retina in both eyes.
1910Blast injury to ears or acute acoustic trauma due to impulse noise with permanent sensorineural hearing loss in one ear of more than 75dB averaged over 1, 2 and 3kHz.
2010Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear of more than 75dB averaged over 1, 2 and 3kHz.
2111Partial loss of vision where visual acuity is correctable to better than 6/36 and at least 6/18.
2211Blast injury to ears or acute acoustic trauma due to impulse noise with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3kHz.
2311Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3kHz.
2412Partial loss of vision where visual acuity is correctable to better than 6/18 and at least 6/12.
2512Permanent and inoperable cataract in one eye.
2612Operable cataracts in both eyes.
2712Moderate binocular visual field loss.
2812Detached retina in one eye.
2912Secondary glaucoma.
3013Significant penetrating, or blunt injury, to both eyes.
3113Retinal damage (not detached) to both eyes.
3213Partial loss of vision where visual acuity is correctable to better than 6/12.
3313Dislocation of lens in one eye.
3413Degeneration of optic nerve in both eyes.
3513Permanent diplopia.
3613Blast injury to ears or acute acoustic trauma due to impulse noise.
3713Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear.
3814Diplopia which is present, or is expected to be present, at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
3914Operable cataract in one eye.
4014Corneal abrasions in both eyes.
4114Hyphaema in both eyes which has required, or is expected to require, operative treatment.
4214Retinal damage (not detached) in one eye.
4314Significant penetrating, or blunt, injury in one eye.
4414Degeneration of optic nerve in one eye.
4514Slight binocular visual field loss.
4614Traumatic mydriasis.
4715Diplopia which is present, or is expected to be present, at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
4815Corneal abrasions in one eye.
4915Hyphaema in one eye which has required, or is expected to require, operative treatment.

(*) For the purposes of this table the following definitions apply:—

“Total blindness in both eyes” means that the claimant must have been diagnosed as being blind by an accredited medical specialist;

“Total blindness in one eye” means that the claimant must have been diagnosed by an accredited medical specialist as having visual acuity of 3/60 or worse in the affected eye;

“Total deafness” means that the claimant’s bilateral average hearing threshold level is 90dB or more, averaged over 1, 2 and 3kHz, as measured by appropriately calibrated equipment meeting British Standards, operated by trained staff, and using quality assured pure tone audiometry;

“Total deafness in one ear” means that the average hearing threshold is 90dB or more averaged over 1, 2 and 3kHz as measured by appropriately calibrated equipment meeting British Standards, operated by trained staff, and using quality assured pure tone audiometry.

(*) All awards for hearing loss, including blast injury to ears and acute acoustic trauma, include compensation for associated tinnitus, and no separate award is payable for tinnitus alone.
(*) Degree of visual field loss must be assessed by reference to an accredited specialist physician report which includes reasons.

Table 8-Fractures and dislocations(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
19Fracture of one femur, tibia, humerus, radius or ulna, with complications, causing permanent significant functional limitation or restriction.
29Fracture or dislocation of one hip, knee, ankle, shoulder, elbow, or wrist, which has required, or is expected to require, arthrodesis, osteotomy or total joint replacement.
310Fractured heels of both feet causing permanent significant functional limitation or restriction.
410Fractures or dislocations of both hips, both knees, both ankles, both shoulders, both elbows or both wrists causing permanent significant functional limitation or restriction.
510Multiple face fractures causing permanent significant cosmetic effect and functional limitation or restriction despite treatment.
611Fractures or dislocations of both hips, both knees, both ankles, both shoulders, both elbows or both wrists which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
711Fractured heel of one foot causing permanent significant functional limitation or restriction.
811Fractured heel of both feet which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
911Fracture of pelvis which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
1011Fracture or dislocation of great toe of both feet, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
1111Fractured tarsal bones of both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
1211Fractures of both femurs, both tibiae, both humeri, both radii or both ulnae which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
1311Fracture of one femur, tibia, humerus, radius or ulna causing permanent significant functional limitation or restriction.
1411Fracture of one femur, tibia, humerus, radius or ulna, with complications, which has caused, or is expected to cause, significant functional limitation or restriction beyond 52 weeks.
1511Multiple fractures to face, or face and neck where treatment has led, or is expected to lead, to a good cosmetic and functional outcome.
1611Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist causing permanent significant functional limitation or restriction.
1711Shoulder joint instability which has required or is expected to require operative treatment.
1812Fracture of one femur, tibia, humerus, radius or ulna, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
1912Fracture of mandible or maxilla, which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2012Fracture of both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2112Fractures of both clavicles, or both scapulae, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
2212Fracture of the skull with sub-dural or extra-dural haematoma which has required evacuation, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
2312Fracture or dislocation of thumb of both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2412Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2512Fracture or dislocation of index finger on both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2612Fracture or dislocation of great toe on one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2712Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
2812Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2912Fractured heel of both feet from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
3012Fractured or dislocated patella on both knees which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
3112Fractured metatarsal bones on both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
3212Fractures of both femurs, both tibiae, both humeri, both radii or both ulnae, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
3312Depressed skull fracture requiring operative treatment.
3413Fractured tarsal or metatarsal bones on both feet from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
3513Fractured metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
3613Fracture or dislocation of great toe of both feet from which the claimant has made or is expected to make a substantial recovery within 26 weeks.
3713Fracture of one femur, tibia, humerus, radius or ulna from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
3813Fracture of skull with intracranial, extracerebral haematoma that has not required evacuation.
3913Fracture of ethmoid which has required or is expected to require operative treatment.
4013Fracture of zygoma which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
4113Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
4213Fracture of one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
4313Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
4413Fracture of both hands from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
4513Blow-out fracture of orbit which has required, or is expected to require, operative treatment.
4613Dislocated jaw which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
4713Fracture of one scapula or one clavicle which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
4813Fracture of both clavicles or both scapulae from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
4913Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
5013Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks.
5113Subluxed dislocated acromio or sterno-clavicular joint, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
5213Fractures or dislocations of two or more toes, other than great, of both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
5313Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
5413Fracture or dislocation of thumb of both hands which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
5513Fractures or dislocations of index finger on both hands, which have caused, or are expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
5613Fractures or dislocations of two or more fingers, other than index, on both hands, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
5713Fracture or dislocation of index finger on one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
5813Fractured or dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks.
5913Shoulder joint instability not requiring operative treatment.
6014Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
6114Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
6214Fractured ethmoid which has not, or is not expected to require, operative treatment.
6314Fracture of mandible or maxilla from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
6414Fracture of one hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
6514Deviated nasal septum requiring corrective surgery.
6614Displaced fracture of nasal bones.
6714Simple skull fracture.
6814Fractured fibula which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
6914Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
7014Fracture or dislocation of index finger, on one hand, which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
7114Fracture or dislocation of one finger, other than index, on both hands, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
7214Fractures or dislocations of two or more fingers, other than index, on one hand, which have caused, or are expected to cause significant functional limitation or restriction beyond 26 weeks.
7314Fractures or dislocations of two or more fingers, other than index, on both hands which have caused, or are expected to cause, significant functional limitation or restriction beyond 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
7414Fractures or dislocations of two or more toes, other than great toe, on one foot, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
7514Fractures or dislocations of one toe other than great toe, on both feet, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
7614Fractures or dislocations of two or more toes, other than great toe, on both feet, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
7714Fracture or dislocation of great toe on one foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
7814Fracture or dislocation of index finger on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
7914Fracture or dislocation of thumb on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
8014Subluxed dislocated acromio or sterno-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8114Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8214Fracture of clavicle or scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8314Fracture of sternum from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8414Fractured tarsal or metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction at 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8514Fractured or dislocated patella of both knees which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8614Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks.
8715Fracture of mastoid.
8815Undisplaced fracture of nasal bones.
8915Deviated nasal septum which has not required, or is not expected to require, operative treatment.
9015Fractured or dislocated patella of one knee which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
9115Fracture of three or more ribs.
9215Fractures or dislocations of two or more toes, on one foot, which have caused, or are expected to cause significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
9315Fractures or dislocations of one toe, other than great toe, on both feet, which have caused, or are expected to cause significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
9415Fracture or dislocation of thumb on one hand from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
9515Fractured tarsal or metatarsal bone on one foot, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
9615Fracture or dislocation of two or more fingers, other than index, on one hand which have caused, or are expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
9715Fracture or dislocation of two or more fingers, other than index, on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
9815Fracture or dislocation of one finger, other than index, on both hands, which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
9915Fracture or dislocation of index finger on one hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
10015Fracture or dislocation of one finger, other than index, on one hand, which has caused or is expected to cause significant functional limitation or restriction beyond 26 weeks.
10115Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
10215Fracture of three vertebral transverse or spinous processes.
(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis.
(*) An award for dislocation includes ligament and other soft tissue damage not requiring operative treatment.
(*) Where a fracture results in a dislocation only one award is payable.

Table 9 -Musculoskeletal disorders(*)

ItemColumn (a)Column (b)
LevelDescription of injury and its effects (“descriptor”)
19Permanent severely impaired grip in both hands.
29Septic arthritis or other pathology requiring arthrodesis or total joint replacement.
310Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation or restriction.
411Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation or restriction.
511Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows, wrists which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, from which the claimant is expected to make a substantial recovery beyond that date.
611Traumatic back injury (with medically verified neurological signs and vertebral damage) extending over several levels of vertebrae, which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation or restriction beyond 13 weeks.
711Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder.
811Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation or restriction.
911Permanent severely impaired grip in one hand.
1011Radiologically confirmed osteoarthritis of both hips, both knees, both ankles, both shoulders, both elbows or both wrists (caused by a repetitive or attrition injury), causing permanent significant functional limitation or restriction.
1112Two frozen shoulders, or other shoulder pathology, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
1212Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, from which the claimant has made or is expected to make a substantial recovery beyond that date.
1312Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation or restriction.
1412Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, which has caused, or is expected to cause, significant functional limitation at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date.
1512Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
1612Traumatic back injury (with medically verified neurological signs and vertebral damage), extending over several levels of vertebrae which has caused, or is expected to cause, significant functional limitation or restriction beyond 13 weeks.
1713Frozen shoulder, or other shoulder pathology, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
1813Two frozen shoulders, or other shoulder pathology, which have caused or are expected to cause significant functional limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
1913Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
2013Muscle or tendon unit injury short of full thickness rupture, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
2113Two muscle or tendon unit injuries, short of full thickness rupture, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
2213Full thickness muscle or tendon unit rupture, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
2313Ligament injury short of full thickness rupture, to one knee, shoulder, ankle, elbow or wrist which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks with substantial recovery beyond that date.
2413Traumatic back injury with one or more intervertebral disc prolapses or vertebral body or facet joint fractures which has caused or is expected to cause, significant functional limitation or restriction beyond 13 weeks.
2513Radiologically confirmed osteoarthritis of hip, knee, ankle, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation or restriction.
2613Overuse injury of lower limb requiring, or expected to require, operative treatment.
2713Hip, knee, ankle, shoulder, elbow or wrist strain, sprain or overuse injury, which has required, or is expected to require, operative treatment.
2814Frozen shoulder, or other shoulder pathology, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
2914Ligament injury short of full thickness rupture to one knee, ankle, shoulder, elbow or wrist, which has caused or is expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
3014Muscle or tendon unit injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
3114Tendon or ligament rupture of finger, thumb or toe which has required, or is expected to require, operative treatment.
3214Back sprain or strain, with one or more intervertebral disc prolapses which has caused, or is expected to cause significant functional limitation or restriction beyond 13 weeks.
3314Low back or neck pain syndrome.
3414Anterior knee pain syndrome in both knees which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
3514Overuse injury of foot or heel, which has required or is expected to require operative treatment.
3615Knee meniscus injury which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
3715Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
3815Direct hernia which has required operative treatment.
3915Frozen shoulder which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
4015Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis.
(*) An award for dislocation includes ligament and other soft tissue damage not requiring operative treatment.
(*) References to back in this table include cervical, thoracic, lumbar or sacral vertebral segments.

Table 10 –Tariff amounts

Column (a)Column (b)
LevelAmount
1£570,000
2£470,000
3£380,000
4£290,000
5£175,000
6£140,000
7£90,000
8£60,000
9£40,000
10£27,000
11£15,500
12£10,000
13£6,000
14£3,000
15£1,200

PART 2SUPPLEMENTARY AWARDS

Supplementary award following traumatic physical damage

1.—(1) Subject to the provisions in this article a supplementary award is payable where—

(a)an injury is a traumatic physical injury;

(b)the injury is described by a descriptor in Table 2 of the tariff.

(2) Subject to sub-paragraph (3), the supplementary award is £60,000 where the injury is accompanied by—

(i)incontinence of the bowel or bladder, or both;

(ii)impotence;

(iii)infertility; or

(iv)physical disfigurement due to an injury to external genitalia.

(3) Where an injury is accompanied by more than one of the effects specified in paragraphs (i) to (iv) of sub-paragraph (2) a supplementary award of £60,000—

(a)is payable for each of the paragraphs which apply; but

(b)for each condition is payable once only.

(4) The supplementary award is £40,000 where the injury—

(a)results in the loss of one kidney, or

(b)treatment for the injury requires a kidney to be removed,

in either case without the development of chronic renal failure.

Other supplementary awards

2.—(1) A supplementary award of £3,000 is payable where—

(a)an injury is a limb injury, including a fracture of a limb;

(b)the injury is described by a descriptor in Table 2 or Table 8 of the tariff; and

(c)the injury is accompanied by acute compartment syndrome requiring operative treatment.

(2) A supplementary award of £1,000 is payable where—

(a)an injury is blast injury to ears;

(b)the injury is described by a descriptor in Table 7 of the tariff; and

(c)the tympanic membrane of one ear is perforated.

(3) A supplementary award of £1,000 is payable where—

(a)an injury is a fracture;

(b)the injury is described by a descriptor in Table 8 of the tariff; and

(c)the fracture is an open fracture.

(4) Where sub-paragraph (2) applies and the tympanic membrane of both ears is perforated two supplementary awards of £1,000 are payable.

Article 24(2), (6)(c)

SCHEDULE 4TABLE OF FACTORS

Table of Guaranteed Income Payment Factors

Column (a)

Age at last birthday

Column (b)

GIP Factor

Column (a)

Age at last birthday

Column (b)

GIP Factor

161.205371.000
171.202380.986
181.199390.972
191.196400.957
201.192410.943
211.189420.928
221.185430.913
231.182440.897
241.170450.882
251.157460.866
261.145470.849
271.132480.833
281.120490.816
291.107500.799
301.094510.781
311.081520.763
321.068530.744
331.055540.724
341.041550.705
351.028Over 550.705
361.014

Article 74(d)

SCHEDULE 5CATEGORIES OF SPECIFIED INJURIES

Table

ItemColumn (a)Column (b)
Specified injuryTable used in original decision
1Non-freezing cold injuryTable 2 or Table 4
2Permanent mental disorderTable 3
3Amputation of or loss of use of one or both upper limbsTable 5
4Amputation or loss of use of one or both lower limbsTable 5
5Brain or head injuryTable 6
6Spinal cord injuryTable 6
7Spinal injuryTable 6
8Brachial plexus injuryTable 6
9Hearing loss of at least 50dB averaged over 1, 2 and 3kHz in one or both earsTable 7
10Blast injury, acute acoustic trauma due to impulse noise or physical trauma to ear or earsTable 7
11Skull fractureTable 8
12Traumatic back injury with spinal damageTable 9

Article 78(3)(b)

SCHEDULE 6MODIFICATION TO PART 3 FOR THE PURPOSE OF DETERMINING A FURTHER LUMP SUM FOR A QUALIFYING INJURY

Preliminary

1.  The following articles in Part 3 are modified.

Modification of article 14 (interpretation of Part 3)

2.  In article 14—

(a)for paragraph (b) substitute—

(b)“relevant amount” means the amount determined in accordance with article 77(3);; and

(b)for paragraph (c) substitute—

(c)“relevant percentage” means the percentage of guaranteed income payment determined in accordance with article 77(5) or (7);.

Modification of article 18 (amount where injury or injuries are described by one descriptor)

3.  In article 18—

(a)for “injury or more which is described by one descriptor” substitute “qualifying injury”; and

(b)for “descriptor” the second time it appears substitute “qualifying injury”.

Modification of article 19 (amount where 100% guaranteed income payment determined)

4.  In article 19—

(a)in paragraph (1)(a) for the words “one injury or more which is described by more than one descriptor” substitute “more than one qualifying injury”; and

(b)in paragraph (2) for “descriptor” substitute “qualifying injury”.

Modification of article 20 (allocation of descriptors to body zones)

5.  In article 20—

(a)in paragraph (1)(a) for “one injury or more which is described by more than one descriptor” substitute “more than one qualifying injury”;

(b)in paragraph (1)(c) for “one injury or more is described by two or more descriptors” substitute “two or more qualifying injuries gives rise to an entitlement”;

(c)in paragraph (2)—

(i)for “injury or injuries which is described by a separate descriptor” substitute “qualifying injury”; and

(ii)after “tariff levels 1 to 11” insert “, where the tariff level is determined in accordance with article 76,”.

(d)in paragraph (4)—

(i)for “or more injuries described by one descriptor extend” substitute “”qualifying injury extends”; and

(ii)for “descriptor” the second time it appears substitute “qualifying injury”; and

(e)in paragraph (5) for “descriptor” the second time it appears substitute “qualifying injury”.

Modification of article 21 (amount where injury or injuries are described by two or more descriptors at tariff level 11 or above in more than one body zone)

6.  In article 21—

(a)in paragraph (1)(a) for “one or more injury which is described by more than one descriptor” substitute “more than one qualifying injury”;

(b)in paragraph (1)(b) for “the descriptors of the injury or injuries” substitute “the qualifying injuries”;

(c)in paragraph (1)(c)—

(i)for “descriptor” substitute “qualifying injury”;

(ii)after “tariff levels 1 to 11” insert “, where the tariff level is determined in accordance with article 76,”; and

(d)in paragraph (2) for “descriptor” each time it appears substitute “qualifying injury”.

Modification of article 22 (amount where injury or injuries are described by more than one descriptor – other cases)

7.  In article 22—

(a)in paragraph (2)(a) for “one injury or more which is described by more than one descriptor” substitute “more than one qualifying injury”;

(b)in paragraph (2)(b) for “the descriptors of the injury or injuries” substitute “the qualifying injuries”;

(c)in paragraph (2)(d) for “the descriptor or descriptors” substitute “the qualifying injury or injuries”;

(d)in paragraph (3)—

(i)for “injuries described by a descriptor” substitute “qualifying injuries”; and

(ii)after “tariff levels 1 to 11” insert “, where the tariff level is determined in accordance with article 76,”; and

(e)in paragraphs (4) and (5) for “descriptor” each time it appears substitute “qualifying injury” and the references to “descriptors” in these paragraphs are to be construed accordingly.

Article 94(1)

SCHEDULE 7REVOCATIONS

InstrumentsReferencesExtent of revocation
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005S.I. 2005/439The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006S.I. 2006/1438The whole Order
The Armed Forces (Gurkha Compensation) Order 2007S.I. 2007/2609The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008S.I. 2008/39The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008S.I. 2008/2160The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008S.I. 2008/2942The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009S.I. 2009/3236The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010S.I. 2010/1723The whole Order
(4)

1993 c. 48 as amended by the Pensions Act 2004 (c. 35), section 239(1) and (3).

(5)

2004 c. 12, section 154(1) as amended by the Finance Act 2007 (c. 11), section 70 and Schedule 20, paragraph 1, 2(1) and (2).

(6)

World Health Organisation, Geneva, 10th Revision 1992.

Yn ôl i’r brig

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