The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

Injury made worse by serviceU.K.

This section has no associated Explanatory Memorandum

8.—(1) Subject to the following provisions of this article, benefit is payable in accordance with this Order to or in respect of a former member of the forces by reason of an injury made worse by service if the injury—

(a)was sustained before he entered service and was recorded in the report of his medical examination when he entered service;

(b)was sustained before he entered service but without his knowledge and the injury was not found at that examination; or

(c)arose during service but was not caused by service

and in each case [F1service was the predominant cause of the worsening of the injury and][F2, subject to articles 15(1A), 15A(1), 15B(1) and 15C(1),] the injury was made worse by service on or after 6th April 2005.

(2) Benefit is only payable under paragraph (1) if, in each case, the injury has been worsened by service and remains worsened by service on—

(i)the day on which the member of the forces' service ends, or

(ii)the date of claim if that date is later.

(3) Subject to paragraph (4), in the case of paragraph (1)(a) and (b), benefit is only payable if—

(a)the member of the forces or former member of the forces was downgraded within the period of 5 years starting on the day on which he entered service;

(b)the downgrading lasted for a period of at least 6 months (except where the member of the forces was discharged on medical grounds within that period);

(c)the member or former member of the forces remains continually downgraded until his service ends; and

(d)the worsening was the predominant cause of the downgrading.

(4) No benefit is payable where the injury which was sustained before the day on which the member of the forces entered service is worsened—

(a)within the period of 6 months; or

(b)after the period of 5 years

in both cases starting on that day.

(5) In the case of paragraph (1)(c), benefit is only payable if the member of the forces—

(a)was downgraded within the period of 5 years starting on the day on which he sustained the injury and remains continually downgraded until his service ends; and

(b)the worsening was the predominant cause of the downgrading.

Textual Amendments