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

Injury and death – other exclusions U.K.

12.— [F1 (1)] Benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or [F2 predominantly]) by—

(a) the use or effect of tobacco;

(b) the consumption of alcohol;

(c) the non-therapeutic use of drugs;

(d) consensual sexual activity;

(e) except where article 9 applies, events, experiences, exposures and activities occurring before the member or former member entered service;

(f) an illness which is—

(i) caused by a single gene defect or is predominantly hereditary in origin;

(ii) a personality disorder;

(iii) an endogenous infection; or

[F3 (iv) an exogenous infection; or]

(g) a self-inflicted injury whether or not causing death except where the self-inflicting of injury is a result of a mental illness caused by service.

[F4 (1A) Paragraph (1)(f)(iv) does not apply where—

(a) an exogenous infection is acquired in a non-temperate region and the person infected has been exposed to it in the course of service; or

(b) in a temperate region, there has been an outbreak of an exogenous infection in service accommodation or in a workplace.]

[F5 (2) Where a person is in receipt of any retired pay, pension, allowance or other continuing benefit awarded under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 in respect of a disablement or death—

(a) that disablement shall not be accepted as an injury, or worsening of injury, caused wholly or predominantly by service for the purposes of this Order;

(b) that death shall not be accepted as caused wholly or predominantly by service for the purposes of this Order.]

[F6 (3) For the purposes of this article—

(a) “exogenous infection” means an infectious or contagious disease spread by person to person contact;

(b) an outbreak of an exogenous infection means the occurrence of cases of such infection in excess of what would normally be expected in a particular community, geographical area or season.]

Textual Amendments

F1 Art. 12 renumbered (7.4.2014) as art. 12(1) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 2(2)

F2 Word in art. 12(1) substituted (6.4.2015) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015 (S.I. 2015/413), arts. 1(1), 3(a)

F3 Art. 12(1)(f)(iv) substituted (9.4.2018) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2018 (S.I. 2018/293), arts. 1, 3(a)

F4 Art. 12(1A) inserted (9.4.2018) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2018 (S.I. 2018/293), arts. 1, 3(b)

F5 Art. 12(2) substituted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 4

F6 Art. 12(3) substituted (8.4.2019) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019 (S.I. 2019/440), arts. 1, 3