The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019

Amendment of article 14

4.  In article 14 (interpretation of Part 3)—

(a) the existing text becomes paragraph (1);

(b) in paragraph (1)(a), for the words “whichever is the later of the day” to the end, substitute “the relevant date”;

(c) after paragraph (1), insert—

“(2) In this article, “relevant date” in relation to an injury benefit has the meaning given by paragraphs (3) to (6).

(3) Subject to the following paragraphs, “relevant date” means the date on which the claim for the injury benefit was made under article 46(1) or is treated as made under article 46(3) (as the case may be).

(4) Where a decision concerning the injury benefit is made in respect of which conditions A and B are satisfied, “relevant date” means the date of the decision or, where more than one such decision is made, the date of whichever decision is later.

(5) Condition A is satisfied if the decision revises an earlier decision by—

(a) awarding benefit where no award of benefit was made in the earlier decision;

(b) changing the descriptor awarded so that the new descriptor is at a tariff level which is higher than the tariff level awarded for the injury in the earlier decision; or

(c) describing the injury or the further injury by an additional descriptor.

(6) Condition B is satisfied if the decision is—

(a) a decision by the Secretary of State under article 55, 56, 57 or 59;

(b) a decision by the Secretary of State under article 53 following a reconsideration of a decision referred to in paragraph (6)(a); or

(c) a decision by an appropriate tribunal, the Upper Tribunal, a Commissioner, or a court which revises a decision referred to in paragraph (6)(a) or (b).”.