The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006

Amendment of article 10 (injury and death – inclusions) of the principal Order

4.—(1) In article 10(1) after “sustained” insert “or worsened”.

(2) In article 10(1) for “in each case where service is the predominant cause of the injury or death” substitute “in each case where service is the predominant cause of the injury, or the worsening of the injury, or of death”.

(3) For article 10(4) substitute—

“(4) Benefit is payable in accordance with this Order to or in respect of a person by reason of an injury sustained, or worsened, or a death occurring—

(a) while travelling from his home or his place of work to the place where an activity referred to in paragraph (1) is to happen or while travelling back again;

(b) where one of the circumstances specified in paragraph (5) applies and where service is the predominant cause of the injury, or the worsening of the injury or death.”.

(4) For article 10(5) substitute—

“(5) The circumstances referred to in paragraph (4)(b) are where the member of the forces—

(a) is travelling from his home or his regular place of work to a place of work which is not his regular place of work or while travelling back again except where the travel is during a period of leave;

(b) is travelling from a place of work which is not his regular place of work to another place of work which is not his regular place of work;

(c) is changing from one regular place of work to another and is travelling from his home or what was his regular place of work to a place of work outside the United Kingdom which is to become his regular place of work or is travelling from what was his regular place of work outside the United Kingdom to his home or to a place of work which is to become his regular place of work; or

(d) is required to reside in accommodation provided by the Ministry of Defence for families of members of the forces at a distance of over 50 miles from his regular place of work and is travelling by a reasonably direct route from that accommodation to that place of work or while travelling back again.”.

(5) In article 10(6) after “sustained” insert “, or worsened,”.

(6) In article 10(6) after “cause of the injury” insert “, the worsening of the injury,”.

(7) In article 10(7) after “injury,” insert “the worsening of the injury,”.