- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
Article 2(1)
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.
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
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—
any award payable to a self-employed member of a reserve force in respect of the member’s status as an employer;
any amount payable to a reservist as a result of expenses incurred by the member during a period of relevant service; or
any payments made into the member’s civilian occupational pension scheme.
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)”.
3. In article 11(10)(b) after “temporarily attached” insert “for the purpose of service in the reserve forces.”.
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.”.
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)
Item | Column (a) | Column (b) |
---|---|---|
Level | Description of injury and its effects (“descriptor”) | |
1 | 4 | Burns, with deep second degree, third degree, or full thickness burns affecting 70% or more of whole body surface area. |
2 | 5 | Burns, with deep second degree, third degree, or full thickness burns affecting 50 to 69.9% of whole body surface area. |
3 | 6 | Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49.9% of whole body surface area. |
4 | 6 | Burns, 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. |
5 | 7 | Burns, 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. |
6 | 8 | Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 14.9% of whole body surface area. |
7 | 9 | Burns, 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. |
8 | 11 | Burns, with deep second degree, third degree, or full thickness burns affecting 4.5 to 8.9% of whole body surface area. |
9 | 12 | Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5% of whole body surface area. |
10 | 12 | Burns, with first degree or superficial second degree burns affecting more than 15% of whole body surface area. |
11 | 13 | Burns, with first degree or superficial second degree burns to the face or face and neck. |
12 | 14 | Burns, with first degree or superficial second degree burns affecting 4.5 to 15% of whole body surface area. |
13 | 15 | Burns, 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description 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. | ||
1 | 5 | Complex 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. |
2 | 5 | Loss of both kidneys or chronic renal failure. |
3 | 6 | Complex 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. |
4 | 6 | 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. |
5 | 6 | Complex injury to chest, with complications, causing permanent significant functional limitation or restriction. |
6 | 7 | Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation or restriction. |
7 | 7 | 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. |
8 | 7 | Injury to chest, with complications, causing permanent significant functional limitation or restriction. |
9 | 7 | Complex injury to chest causing permanent significant functional limitation or restriction. |
10 | 7 | Complex injury to abdomen, including pelvis or perineum, or both, with complications, causing permanent significant functional limitation or restriction. |
11 | 7 | Severe 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. |
12 | 7 | High 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. |
13 | 8 | Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation or restriction. |
14 | 8 | Complex 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. |
15 | 8 | Severe facial lacerations which have required, or are expected to require, operative treatment, but with poor cosmetic result despite camouflage. |
16 | 8 | Injury to abdomen, including pelvis or perineum, or both, with complications, causing permanent significant functional limitation or restriction. |
17 | 8 | Complex injury to abdomen, including pelvis or perineum, or both, causing permanent significant functional limitation or restriction. |
18 | 8 | Injury to chest, causing permanent significant functional limitation or restriction. |
19 | 9 | Injury to abdomen, including pelvis or perineum, or both, causing permanent significant functional limitation or restriction. |
20 | 9 | 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. |
21 | 9 | Complex injury covering all or most of the hand, with complications, causing permanent significant functional limitation or restriction. |
22 | 9 | High 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. |
23 | 10 | Severe facial lacerations which have required, or are expected to require, operative treatment with a good cosmetic result with camouflage. |
24 | 10 | Complex 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. |
25 | 10 | Complex 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. |
26 | 10 | Complex injury covering all or most of the foot, with complications, causing permanent significant functional limitation or restriction. |
27 | 10 | Non-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) |
28 | 11 | Complex 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. |
29 | 11 | Traumatic damage to spleen which has required splenectomy and where there is, or where there is a high risk of, overwhelming post-splenectomy infection. |
30 | 11 | Severe facial scarring which produces a poor cosmetic result despite camouflage. |
31 | 11 | High 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. |
32 | 11 | Complex 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. |
33 | 11 | 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. |
34 | 11 | Complex 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. |
35 | 11 | Complex 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. |
36 | 11 | Complex 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. |
37 | 12 | Complex 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. |
38 | 12 | Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result. |
39 | 12 | 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. |
40 | 12 | 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. |
41 | 12 | High 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. |
42 | 12 | Traumatic injury to external genitalia requiring treatment resulting in severe permanent damage or loss. |
43 | 12 | 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. |
44 | 12 | Complex 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. |
45 | 12 | Complex 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. |
46 | 13 | 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. |
47 | 13 | Injury 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. |
48 | 13 | Injury 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. |
49 | 13 | Moderate facial scarring where camouflage produces a good cosmetic result. |
50 | 13 | Lung 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. |
51 | 13 | Traumatic tension or open pneumothorax. |
52 | 13 | Superficial 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. |
53 | 13 | Fractured tooth which has required, or is expected to require, root resection. |
54 | 13 | Loss of two or more front teeth. |
55 | 13 | Non-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) |
56 | 14 | 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. |
57 | 14 | Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result. |
58 | 14 | Minor facial scarring. |
59 | 14 | Flesh wound which has required, or is expected to require, operative treatment. |
60 | 14 | Traumatic injury to external genitalia requiring treatment resulting in moderate permanent damage. |
61 | 14 | Damage to one front tooth which has required, or is expected to require, a crown or root canal surgery. |
62 | 14 | Damage to two or more teeth other than front which have required, or are expected to require, crowns or root canal surgery. |
63 | 14 | Loss of one front tooth. |
64 | 14 | Loss of two or more teeth other than front. |
65 | 14 | Non-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) |
66 | 15 | Minor scarring of scalp, neck, torso or limbs. |
67 | 15 | Injury 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. |
68 | 15 | Shrapnel 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). |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description 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. | ||
1 | 6 | Permanent mental disorder, causing severe functional limitation or restriction.(a) |
2 | 8 | Permanent mental disorder, causing moderate functional limitation or restriction.(b) |
3 | 10 | Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years. |
4 | 12 | Mental 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. |
5 | 13 | Mental 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. |
6 | 14 | Mental 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description of physical disorder and its effects (“descriptor”) | |
1 | 6 | Physical disorder causing severe functional limitation or restriction where life expectancy is less than 5 years. |
2 | 7 | Physical disorder causing severe functional limitation or restriction where life expectancy is reduced, but is more than 5 years. |
3 | 9 | Physical disorder causing permanent severe functional limitation or restriction. |
4 | 11 | Physical 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. |
5 | 11 | Physical disorder causing permanent moderate functional limitation or restriction. |
6 | 12 | Permanent physical disorder where symptoms and functional effects are well controlled by regular medication. |
7 | 13 | Physical 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. |
8 | 13 | Physical 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. |
9 | 14 | Physical 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. |
10 | 14 | Physical 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. |
11 | 15 | Physical 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description 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. | ||
1 | 1 | Loss of both legs (above or below knee) and both arms (above or below elbow). |
2 | 1 | Loss 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). |
3 | 1 | Total deafness and loss of either both legs (above or below knee) or both arms (above or below elbow). |
4 | 1 | Loss 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) |
5 | 1 | Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below knee). |
6 | 1 | Loss 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) |
7 | 2 | Loss 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. |
8 | 2 | Loss of one arm above elbow (shoulder disarticulation or forequarter).(a) |
9 | 2 | Loss 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) |
10 | 2 | Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow). |
11 | 3 | Loss of both arms below elbow (trans-radial). |
12 | 3 | Loss 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. |
13 | 3 | Loss of one leg above knee (hip disarticulation or hemipelvectomy).(a) |
14 | 4 | Loss of one arm at or above elbow (trans-humeral or elbow disarticulation). |
15 | 4 | Loss of both legs below knee (trans-tibial). |
16 | 4 | Loss of both hands (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of both hands. |
17 | 5 | Loss of one arm below elbow (trans-radial). |
18 | 5 | Loss of one leg at or above knee (trans-femoral or knee disarticulation). |
19 | 5 | Loss of both feet at ankle distal to the calcaneum. |
20 | 6 | Loss of one leg below knee (trans-tibial). |
21 | 6 | Loss of one hand (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of one hand. |
22 | 7 | Loss of both thumbs. |
23 | 8 | Loss of one foot at ankle distal to the calcaneum. |
24 | 10 | Loss of both great toes. |
25 | 10 | Loss of thumb. |
26 | 10 | Loss of both index fingers. |
27 | 10 | Loss of two or more fingers, other than thumb or index finger, from each hand. |
28 | 10 | Partial loss of thumb and index finger from each hand. |
29 | 11 | Loss of two or more fingers, other than thumb or index finger, from one hand. |
30 | 12 | Loss of great toe. |
31 | 12 | Loss of two or more toes, other than great toe, from each foot. |
32 | 12 | Loss of index finger from one hand. |
33 | 12 | Partial loss of thumb and index finger from one hand. |
34 | 12 | Partial loss of two or more fingers, other than thumb or index finger, from each hand. |
35 | 12 | Loss of one finger, other than thumb or index finger, from each hand. |
36 | 12 | Partial loss of thumb or index finger from each hand. |
37 | 12 | Persistent phantom limb pain. |
38 | 12 | Stump neuroma with trigger point stump pain. |
39 | 13 | Loss of two or more toes, other than great toe, from one foot. |
40 | 13 | Partial loss of each great toe. |
41 | 13 | Partial loss of one finger, other than thumb or index finger, from each hand. |
42 | 13 | Loss of one finger, other than thumb or index finger, from one hand. |
43 | 13 | Partial loss of two or more fingers, other than thumb or index finger, from one hand. |
44 | 13 | Partial loss of thumb or index finger from one hand. |
45 | 14 | Partial loss of great toe from one foot. |
46 | 14 | Loss of one toe, other than great toe, from each foot. |
47 | 14 | Partial loss of one finger, other than thumb or index finger, from one hand. |
48 | 14 | Partial loss of two or more toes, other than great toe, from one foot. |
49 | 15 | Loss 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description 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. | ||
1 | 1 | Cervical spinal cord injury where the claimant requires ventilatory support and there is complete tetraparesis. |
2 | 1 | Cervical spinal cord injury with minimal upper limb function and complete or near complete paraparesis. |
3 | 1 | Complete 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. |
4 | 1 | Brain injury with persistent vegetative state. |
5 | 1 | Brain 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. |
6 | 2 | Cervical spinal cord injury with some useful upper limb function and complete or near complete paraparesis. |
7 | 2 | Thoracic spinal cord injury with complete paraparesis. |
8 | 2 | Injury to conus medullaris or cauda equina giving rise to complete paraparesis. |
9 | 2 | Complete 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. |
10 | 2 | Partial 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. |
11 | 2 | Brain 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. |
12 | 3 | Injury to conus medullaris or cauda equina giving rise to partial paraparesis or severe monoparesis. |
13 | 3 | Thoracic spinal cord injury with partial paraparesis. |
14 | 4 | Injury to conus medullaris or cauda equina giving rise to partial asymmetric paraparesis. |
15 | 4 | Uncontrolled post head injury epilepsy. |
16 | 4 | Traumatic 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. |
17 | 4 | Brain 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. |
18 | 5 | Partial brachial plexus injury in which spontaneous improvement or operative treatment has led to restoration of some useful function in the arm and hand. |
19 | 5 | Hemiplegia. |
20 | 6 | Injury to conus medullaris or cauda equina giving rise to partial monoparesis. |
21 | 7 | Traumatic 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. |
22 | 8 | Brain 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) |
23 | 8 | Mild brachial plexus injury with substantial recovery of arm and hand function resulting in good restoration of manual dexterity. |
24 | 9 | Permanent isolated damage to one cranial nerve. |
25 | 10 | Permanent foot or wrist drop. |
26 | 11 | Minor traumatic head injury which has caused, or is expected to cause, functionally limiting or restricting post traumatic syndrome for more than 52 weeks.(b) |
27 | 11 | Brain 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. |
28 | 12 | Cerebral infarction due to vascular injury in the neck, resulting in persisting impairment of function and restriction of activities. |
29 | 12 | Controlled post head injury epilepsy. |
30 | 12 | Permanent substantial peripheral motor sensory or autonomic nerve damage. |
31 | 12 | Entrapment neuropathy which has not responded to treatment. |
32 | 13 | Permanent facial numbness including lip. |
33 | 13 | Entrapment neuropathy which has responded, or is expected to respond, to treatment. |
34 | 13 | Minor 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. |
35 | 14 | Permanent facial numbness which does not include the lip. |
36 | 15 | Permanent 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description 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. | ||
1 | 1 | Total 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. |
2 | 2 | Loss of eyes. |
3 | 2 | Total blindness in both eyes. |
4 | 2 | Loss of one eye and total blindness in the other eye. |
5 | 2 | Total deafness in both ears. |
6 | 5 | Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36. |
7 | 5 | Blast 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. |
8 | 6 | Severe binocular visual field loss. |
9 | 6 | Blast 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. |
10 | 6 | Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz.(a) |
11 | 7 | Blast 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. |
12 | 8 | Total deafness in one ear. |
13 | 8 | Bilateral permanent hearing loss of 50-75dB averaged over 1, 2 and 3kHz.(a) |
14 | 8 | Loss of one eye or total blindness in one eye. |
15 | 9 | Partial loss of vision where visual acuity is correctable to 6/60. |
16 | 9 | Permanent and inoperable cataracts in both eyes. |
17 | 10 | Partial loss of vision where visual acuity is correctable to better than 6/60 and at least 6/36. |
18 | 10 | Detached retina in both eyes. |
19 | 10 | Blast 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. |
20 | 10 | Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear of more than 75dB averaged over 1, 2 and 3kHz. |
21 | 11 | Partial loss of vision where visual acuity is correctable to better than 6/36 and at least 6/18. |
22 | 11 | Blast 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. |
23 | 11 | Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3kHz. |
24 | 12 | Partial loss of vision where visual acuity is correctable to better than 6/18 and at least 6/12. |
25 | 12 | Permanent and inoperable cataract in one eye. |
26 | 12 | Operable cataracts in both eyes. |
27 | 12 | Moderate binocular visual field loss. |
28 | 12 | Detached retina in one eye. |
29 | 12 | Secondary glaucoma. |
30 | 13 | Significant penetrating, or blunt injury, to both eyes. |
31 | 13 | Retinal damage (not detached) to both eyes. |
32 | 13 | Partial loss of vision where visual acuity is correctable to better than 6/12. |
33 | 13 | Dislocation of lens in one eye. |
34 | 13 | Degeneration of optic nerve in both eyes. |
35 | 13 | Permanent diplopia. |
36 | 13 | Blast injury to ears or acute acoustic trauma due to impulse noise. |
37 | 13 | Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear. |
38 | 14 | Diplopia 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. |
39 | 14 | Operable cataract in one eye. |
40 | 14 | Corneal abrasions in both eyes. |
41 | 14 | Hyphaema in both eyes which has required, or is expected to require, operative treatment. |
42 | 14 | Retinal damage (not detached) in one eye. |
43 | 14 | Significant penetrating, or blunt, injury in one eye. |
44 | 14 | Degeneration of optic nerve in one eye. |
45 | 14 | Slight binocular visual field loss. |
46 | 14 | Traumatic mydriasis. |
47 | 15 | Diplopia 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. |
48 | 15 | Corneal abrasions in one eye. |
49 | 15 | Hyphaema 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description of injury and its effects (“descriptor”) | |
1 | 9 | Fracture of one femur, tibia, humerus, radius or ulna, with complications, causing permanent significant functional limitation or restriction. |
2 | 9 | Fracture 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. |
3 | 10 | Fractured heels of both feet causing permanent significant functional limitation or restriction. |
4 | 10 | Fractures or dislocations of both hips, both knees, both ankles, both shoulders, both elbows or both wrists causing permanent significant functional limitation or restriction. |
5 | 10 | Multiple face fractures causing permanent significant cosmetic effect and functional limitation or restriction despite treatment. |
6 | 11 | Fractures 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. |
7 | 11 | Fractured heel of one foot causing permanent significant functional limitation or restriction. |
8 | 11 | Fractured heel of both feet which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
9 | 11 | Fracture of pelvis which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
10 | 11 | Fracture or dislocation of great toe of both feet, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
11 | 11 | Fractured tarsal bones of both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks. |
12 | 11 | Fractures 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. |
13 | 11 | Fracture of one femur, tibia, humerus, radius or ulna causing permanent significant functional limitation or restriction. |
14 | 11 | Fracture 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. |
15 | 11 | Multiple fractures to face, or face and neck where treatment has led, or is expected to lead, to a good cosmetic and functional outcome. |
16 | 11 | Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist causing permanent significant functional limitation or restriction. |
17 | 11 | Shoulder joint instability which has required or is expected to require operative treatment. |
18 | 12 | Fracture of one femur, tibia, humerus, radius or ulna, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
19 | 12 | Fracture 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. |
20 | 12 | Fracture of both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
21 | 12 | Fractures of both clavicles, or both scapulae, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks. |
22 | 12 | Fracture 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. |
23 | 12 | Fracture or dislocation of thumb of both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
24 | 12 | Fracture 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. |
25 | 12 | Fracture or dislocation of index finger on both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
26 | 12 | Fracture or dislocation of great toe on one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
27 | 12 | Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks. |
28 | 12 | Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
29 | 12 | Fractured heel of both feet from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
30 | 12 | Fractured or dislocated patella on both knees which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
31 | 12 | Fractured metatarsal bones on both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks. |
32 | 12 | Fractures 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. |
33 | 12 | Depressed skull fracture requiring operative treatment. |
34 | 13 | Fractured tarsal or metatarsal bones on both feet from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
35 | 13 | Fractured metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks. |
36 | 13 | Fracture 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. |
37 | 13 | Fracture 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. |
38 | 13 | Fracture of skull with intracranial, extracerebral haematoma that has not required evacuation. |
39 | 13 | Fracture of ethmoid which has required or is expected to require operative treatment. |
40 | 13 | Fracture of zygoma which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
41 | 13 | Fracture 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. |
42 | 13 | Fracture of one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
43 | 13 | Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
44 | 13 | Fracture of both hands from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
45 | 13 | Blow-out fracture of orbit which has required, or is expected to require, operative treatment. |
46 | 13 | Dislocated jaw which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
47 | 13 | Fracture of one scapula or one clavicle which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
48 | 13 | Fracture of both clavicles or both scapulae from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
49 | 13 | Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
50 | 13 | Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks. |
51 | 13 | Subluxed dislocated acromio or sterno-clavicular joint, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
52 | 13 | Fractures 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. |
53 | 13 | Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
54 | 13 | Fracture 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. |
55 | 13 | Fractures 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. |
56 | 13 | Fractures 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. |
57 | 13 | Fracture or dislocation of index finger on one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
58 | 13 | Fractured or dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks. |
59 | 13 | Shoulder joint instability not requiring operative treatment. |
60 | 14 | Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
61 | 14 | Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
62 | 14 | Fractured ethmoid which has not, or is not expected to require, operative treatment. |
63 | 14 | Fracture of mandible or maxilla from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
64 | 14 | Fracture of one hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
65 | 14 | Deviated nasal septum requiring corrective surgery. |
66 | 14 | Displaced fracture of nasal bones. |
67 | 14 | Simple skull fracture. |
68 | 14 | Fractured fibula which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
69 | 14 | Fracture 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. |
70 | 14 | Fracture 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. |
71 | 14 | Fracture 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. |
72 | 14 | Fractures 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. |
73 | 14 | Fractures 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. |
74 | 14 | Fractures 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. |
75 | 14 | Fractures 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. |
76 | 14 | Fractures 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. |
77 | 14 | Fracture 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. |
78 | 14 | Fracture 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. |
79 | 14 | Fracture or dislocation of thumb on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
80 | 14 | Subluxed dislocated acromio or sterno-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
81 | 14 | Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
82 | 14 | Fracture of clavicle or scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
83 | 14 | Fracture of sternum from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
84 | 14 | Fractured 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. |
85 | 14 | Fractured 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. |
86 | 14 | Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks. |
87 | 15 | Fracture of mastoid. |
88 | 15 | Undisplaced fracture of nasal bones. |
89 | 15 | Deviated nasal septum which has not required, or is not expected to require, operative treatment. |
90 | 15 | Fractured 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. |
91 | 15 | Fracture of three or more ribs. |
92 | 15 | Fractures 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. |
93 | 15 | Fractures 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. |
94 | 15 | Fracture or dislocation of thumb on one hand from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
95 | 15 | Fractured 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. |
96 | 15 | Fracture 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. |
97 | 15 | Fracture 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. |
98 | 15 | Fracture 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. |
99 | 15 | Fracture 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. |
100 | 15 | Fracture 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. |
101 | 15 | Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
102 | 15 | Fracture 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. |
Item | Column (a) | Column (b) |
---|---|---|
Level | Description of injury and its effects (“descriptor”) | |
1 | 9 | Permanent severely impaired grip in both hands. |
2 | 9 | Septic arthritis or other pathology requiring arthrodesis or total joint replacement. |
3 | 10 | Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation or restriction. |
4 | 11 | Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation or restriction. |
5 | 11 | Ligament 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. |
6 | 11 | Traumatic 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. |
7 | 11 | Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder. |
8 | 11 | Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation or restriction. |
9 | 11 | Permanent severely impaired grip in one hand. |
10 | 11 | Radiologically 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. |
11 | 12 | Two frozen shoulders, or other shoulder pathology, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks. |
12 | 12 | Ligament 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. |
13 | 12 | Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation or restriction. |
14 | 12 | Ligament 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. |
15 | 12 | Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
16 | 12 | Traumatic 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. |
17 | 13 | Frozen shoulder, or other shoulder pathology, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks. |
18 | 13 | Two 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. |
19 | 13 | Ligament 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. |
20 | 13 | Muscle 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. |
21 | 13 | Two 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. |
22 | 13 | Full thickness muscle or tendon unit rupture, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
23 | 13 | Ligament 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. |
24 | 13 | Traumatic 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. |
25 | 13 | Radiologically confirmed osteoarthritis of hip, knee, ankle, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation or restriction. |
26 | 13 | Overuse injury of lower limb requiring, or expected to require, operative treatment. |
27 | 13 | Hip, knee, ankle, shoulder, elbow or wrist strain, sprain or overuse injury, which has required, or is expected to require, operative treatment. |
28 | 14 | Frozen 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. |
29 | 14 | Ligament 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. |
30 | 14 | Muscle 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. |
31 | 14 | Tendon or ligament rupture of finger, thumb or toe which has required, or is expected to require, operative treatment. |
32 | 14 | Back 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. |
33 | 14 | Low back or neck pain syndrome. |
34 | 14 | Anterior 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. |
35 | 14 | Overuse injury of foot or heel, which has required or is expected to require operative treatment. |
36 | 15 | Knee 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. |
37 | 15 | Anterior 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. |
38 | 15 | Direct hernia which has required operative treatment. |
39 | 15 | Frozen 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. |
40 | 15 | Ligament 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. |
Column (a) | Column (b) |
---|---|
Level | Amount |
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 |
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.
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)
Column (a) Age at last birthday | Column (b) GIP Factor | Column (a) Age at last birthday | Column (b) GIP Factor |
---|---|---|---|
16 | 1.205 | 37 | 1.000 |
17 | 1.202 | 38 | 0.986 |
18 | 1.199 | 39 | 0.972 |
19 | 1.196 | 40 | 0.957 |
20 | 1.192 | 41 | 0.943 |
21 | 1.189 | 42 | 0.928 |
22 | 1.185 | 43 | 0.913 |
23 | 1.182 | 44 | 0.897 |
24 | 1.170 | 45 | 0.882 |
25 | 1.157 | 46 | 0.866 |
26 | 1.145 | 47 | 0.849 |
27 | 1.132 | 48 | 0.833 |
28 | 1.120 | 49 | 0.816 |
29 | 1.107 | 50 | 0.799 |
30 | 1.094 | 51 | 0.781 |
31 | 1.081 | 52 | 0.763 |
32 | 1.068 | 53 | 0.744 |
33 | 1.055 | 54 | 0.724 |
34 | 1.041 | 55 | 0.705 |
35 | 1.028 | Over 55 | 0.705 |
36 | 1.014 |
Article 74(d)
Item | Column (a) | Column (b) |
---|---|---|
Specified injury | Table used in original decision | |
1 | Non-freezing cold injury | Table 2 or Table 4 |
2 | Permanent mental disorder | Table 3 |
3 | Amputation of or loss of use of one or both upper limbs | Table 5 |
4 | Amputation or loss of use of one or both lower limbs | Table 5 |
5 | Brain or head injury | Table 6 |
6 | Spinal cord injury | Table 6 |
7 | Spinal injury | Table 6 |
8 | Brachial plexus injury | Table 6 |
9 | Hearing loss of at least 50dB averaged over 1, 2 and 3kHz in one or both ears | Table 7 |
10 | Blast injury, acute acoustic trauma due to impulse noise or physical trauma to ear or ears | Table 7 |
11 | Skull fracture | Table 8 |
12 | Traumatic back injury with spinal damage | Table 9 |
Article 78(3)(b)
1. The following articles in Part 3 are modified.
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);”.
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”.
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”.
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”.
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”.
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)
Instruments | References | Extent of revocation |
---|---|---|
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 | S.I. 2005/439 | The whole Order |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 | S.I. 2006/1438 | The whole Order |
The Armed Forces (Gurkha Compensation) Order 2007 | S.I. 2007/2609 | The whole Order |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 | S.I. 2008/39 | The whole Order |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008 | S.I. 2008/2160 | The whole Order |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 | S.I. 2008/2942 | The whole Order |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009 | S.I. 2009/3236 | The whole Order |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 | S.I. 2010/1723 | The whole Order |
S.I. 2005/437, as amended by S.I. 2006/717, 2007/2608, 2008/229 and 2009/544.
1993 c. 48 as amended by the Pensions Act 2004 (c. 35), section 239(1) and (3).
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).
World Health Organisation, Geneva, 10th Revision 1992.
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