SCHEDULE 1MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

Article 2(1)

PART ISUBSTANTIAL RELATIONSHIP

In deciding whether a relationship of a deceased member of the forces (“the deceased”) and the claimant is a substantial relationship, the Secretary of State shall have regard to any evidence which the claimant considers demonstrates that the relationship is substantial and shall in particular have regard to the following examples of evidence which could, either alone or together, indicate that the relationship is substantial.

1

Evidence of regular financial support by the deceased.

2

Evidence of a valid will or life insurance policy, valid at the time of the deceased's death, in which—

1

the deceased nominates the claimant as principal beneficiary or co-beneficiary with children; or

2

the claimant nominates the deceased as the principal beneficiary.

3

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.

4

Evidence of a joint savings plan or joint investments of a substantial nature.

5

Evidence that the deceased and the claimant operated a joint account for which they were co-signatories.

6

Evidence of joint financial arrangements such as joint repayment of a loan or payment of each other's debts.

7

Evidence that the deceased or the claimant had given the other a power of attorney.

8

If the deceased and the claimant lived in rented accommodation, evidence that both their names appeared on the lease or rental agreement.

9

Evidence that the deceased and the claimant shared responsibility for children.

10

The length of the relationship.

PART IIEXCLUSIVE RELATIONSHIP

A relationship is not an exclusive relationship if—

  1. 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

  2. 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.

SCHEDULE 2MODIFICATIONS FOR RESERVE FORCES

Article 12(1)F2

Annotations:
Amendments (Textual)

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 M1;

  • “Reserve Forces Pension Scheme” means the occupational pension scheme established by regulations made by the Defence Council, in exercise of the powers conferred on them by sections 4(2) and 8(1)(a) of the Reserve Forces Act 1996;

  • “reservist's 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 him during relevant service, but does not include—

    1. a

      any award payable to a self-employed member of a reserve force in respect of his status as an employer,

    2. b

      any amount payable to a reservist as a result of expenses incurred by him during a period of relevant service, or

    3. c

      any payments made into his civilian occupational pension scheme;

2

1

For paragraph (1) of article 4 there is substituted 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 of a regular member of the forces who is of equivalent rank and seniority,

b

an amount which represents any reservist's award to which he is entitled on the day he leaves the service by virtue of him being in relevant service on that day,

c

where he is not in relevant service on the day he leaves service, an amount which represents any reservist's award he would have been entitled to had he been in relevant service on that day, and

d

any other amount if and to the extent that the Secretary of State has determined that it is to be treated as salary.

2

In paragraph (2) of article 4 for “(1)(b)” there is substituted “(1)(d)”.

2A

In paragraph 2(b) of article 27 for “AFPS 2005” there is substituted “ Reserve Forces Pension Scheme ”.

3

For article 31 there is substituted the following article—

31

1

—(1) Where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which he is also entitled to—

a

a pension under the AFPS 1975 or the AFPS 2005 (“a pension”);

b

a payment under the Armed Forces Early Departure Payments Scheme Order 2005 (“a payment”);

c

a pension under the Reserve Forces Pension Scheme (“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”)

the guaranteed income payment, survivor's guaranteed income payment or child's payment as the case may be is reduced in accordance with paragraphs (2) and (3).

2

Where a person is entitled to a guaranteed income payment for any period during which he is also entitled to—

a

a pension or a reserve forces pension which is not an invaliding or ill-health pension paid for the same injury for which the guaranteed income payment is paid, a payment, or a civilian pension, then the amount of the guaranteed income payment is reduced by 75 per cent. of the amount of that pension, reserve forces pension, payment or civilian pension;

b

a pension or a reserve forces pension which is an invaliding or ill-health pension paid for the same injury for which the guaranteed income payment is paid, then the amount of guaranteed income payment is reduced by the full amount of the invaliding or ill-health pension.

3

Where a person is entitled to a survivor's guaranteed income payment or a child's payment for any period during which he is also entitled to a pension, reserve forces pension or civilian pension, then the amount of the survivor's guaranteed income payment or child's payment is reduced by 75 per cent. of the amount of that pension, reserve forces pension or civilian pension.

4

In this article—

a

any reference to a pension, payment, reserve forces pension, civilian pension, invaliding pension or ill-health pension means the gross amount of that pension, payment, reserve forces pension, civilian pension, invaliding pension or ill-health pension;

b

“invaliding pension” means a pension payable to a member of the AFPS 1975 by virtue of him being medically discharged from the reserve forces.

c

“ill-health pension” means a pension under rules D5 or D6 of Schedule 1 to the AFPS 2005 and the corresponding provisions of the Reserve Forces Pension Scheme;

d

“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 M2;

e

“personal pension scheme” means a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which has been approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 M3 or provisionally approved under section 655(5) of that Act.

SCHEDULE 3MODIFICATIONS FOR GURKHAS WHO ARE MEMBERS OF THE GURKHA PENSION SCHEME

1

1

 This Schedule sets out modifications of this Order that apply in relation to Gurkhas or former Gurkhas who—

a

are not members of the AFPS 1975 or the AFPS 2005 on the relevant date, and

b

in the case of former Gurkhas who have died before the relevant date, are not treated as if they were such members in connection with making payments of benefits to their surviving spouses, civil partners or other dependants.

2

The relevant date is—

a

for the purposes of article 16—

i

in the case of a Gurkha or former Gurkha who is in service on or after 1st October 2007, the day on which that service ends, and

ii

in the case of a Gurkha or former Gurkha whose service ended before 1st October 2007, the day after the option closing date, and

b

for the purposes of article 26 or 28—

i

in the case of a Gurkha or former Gurkha who is in service on or after 1st October 2007, the day of death,

ii

in the case of a Gurkha or former Gurkha whose service ended before 1st October 2007 and who died on or before the day after the option closing date, that day, and

iii

in the case of a Gurkha or former Gurkha whose service ended before 1st October 2007 and who has died later than the day after the option closing date, the date of death.

3

In paragraph (2) “the option closing date” means 31st January 2008 or, if the last date on which an option under rule L.3 of the AFPS 2005 M4 may be exercised is later, that last date.

Annotations:
Marginal Citations
M4

Part L of the Armed Forces Pension Scheme 2005 is inserted by article 2 of the Armed Forces (Gurkha Pensions) Order 2007 S.I. 2007/2608.

2

In the definition of “relevant factor” in articles 16(5), 26(3) and 28(6) for the words from “column (b)” to “column (a)” substitute “ the second column of the table set out in Schedule 3 in relation to the relevant age specified in the first column ” .

3

For article 31 substitute—

Reduction of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts31

1

This article applies if—

a

a Gurkha within Schedule 3 to this Order is discharged, or

b

a Gurkha or former Gurkha within that Schedule dies.

2

If a former Gurkha is entitled to a guaranteed income payment for any period during which the former Gurkha is also entitled to a pension by virtue of the Gurkha Pension Scheme, guaranteed income payment is reduced by the amount of that pension.

3

If a person who is the surviving spouse, civil partner or other adult dependant of the Gurkha or former Gurkha is entitled to a survivor's guaranteed income payment for any period during which the person is also entitled to a family pension in respect of the deceased Gurkha or former Gurkha by virtue of the Gurkha Pension Scheme, survivor's guaranteed income payment is reduced by the amount of that pension

4

Paragraphs (5) and (6) apply if the Gurkha or former Gurkha dies—

a

without leaving a surviving spouse, civil partner or surviving adult dependant but leaving one or more eligible children, and

b

a family pension is payable as a result of the death.

5

If there is only one eligible child, the child's payment is reduced by the amount of the family pension.

6

If there are two or more eligible children, the child's payment paid to or in respect of each eligible child is reduced by the amount of the family pension, divided by the number of eligible children.

4

This is the table referred to in articles 16(5), 26(3) and 28(6) (as modifed by paragraph 2)—

Table of Guaranteed Income Payment Factors

Age last birthday

Guaranteed income payment factor

16

0.841

17

0.834

18

0.828

19

0.822

20

0.814

21

0.807

22

0.800

23

0.792

24

0.783

25

0.774

26

0.766

27

0.756

28

0.746

29

0.736

30

0.725

31

0.713

32

0.701

33

0.688

34

0.675

35

0.660

36

0.646

37

0.630

38

0.613

39

0.596

40

0.577

41

0.558

42

0.538

43

0.515

44

0.492

45

0.467

46

0.440

47

0.411

48

0.382

49

0.348

50

0.314

51

0.276

52

0.235

53

0.191

54

0.144

55

0.091

Over 55

0.091

SCHEDULE 4THE TARIFF

Article 14

Annotations:
Amendments (Textual)
F3Table 1 - Burns(*)

Item

Column (a)Level

Column (b)Injury

1.

4

Burns, with deep second degree, third degree, or full thickness burns affecting 70 per cent 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 per cent of whole body surface area.

3.

6

Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49.9 per cent 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 outcome 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 results despite treatment and camouflage.

6.

8

Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 14.9 per cent 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 results with camouflage.

8.

11

Burns, with deep second degree, third degree, or full thickness burns affecting 4.5 to 8.9 per cent of whole body surface area.

9.

12

Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5 per cent of whole body surface area.

10.

12

Burns, with first degree or superficial second degree burns affecting more than 15 per cent 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 per cent of whole body surface area.

13.

15

Burns, with first degree or superficial second degree burns affecting 1 to 4.4 per cent 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.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 2 – Injury, Wounds and Scarring(*)

Item

Column (a)Level

Column (b)Injury

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 and 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 and 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 and restriction.

5.

6

Complex injury to chest, with complications, causing permanent significant functional limitation and 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 and 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 and restriction.

8.

7

Injury to chest, with complications, causing permanent significant functional limitation and restriction.

9.

7

Complex injury to chest causing permanent significant functional limitation and restriction

10.

7

Complex injury to abdomen, including pelvis, with complications, causing permanent significant functional limitation and 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 produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment.

12.

8

Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation and restriction.

13.

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 and restriction.

14.

8

Severe facial lacerations which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment.

15.

8

Injury to abdomen, including pelvis, with complications, causing permanent significant functional limitation and restriction.

16.

8

Complex injury to abdomen, including pelvis, causing permanent significant functional limitation and restriction.

17.

8

Injury to chest, causing permanent significant functional limitation and restriction.

18.

9

Injury to abdomen, including pelvis, causing permanent significant functional limitation and restriction.

19.

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 and restriction.

20.

9

Complex injury covering all or most of the hand, with complications, causing permanent significant functional limitation and restriction.

21.

10

Serious permanent damage to, or loss of, one kidney.

22.

10

Severe facial lacerations which have required, or are expected to require, operative treatment resulting in or expected to result in a satisfactory cosmetic result.

23.

10

Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

24.

10

Complex injury to chest, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

25.

10

Complex injury covering all or most of the foot, with complications, causing permanent significant functional limitation and restriction.

26.

11

Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

27.

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.

28.

11

Severe facial scarring which produces a poor cosmetic result despite camouflage.

29.

11

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, chest, back, abdomen or limb, with damage to one or more vital structures causing permanent significant functional limitation and restriction.

30.

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, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

31.

11

Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

32.

11

Complex injury to chest, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

33.

11

Complex injury to abdomen, including pelvis, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

34.

11

Complex injury covering all or most of the hand, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

35.

12

Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

36.

12

Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result.

37.

12

Injury to chest, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

38.

12

Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

39.

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, chest, back, abdomen or limb with substantial recovery.

40.

12

Traumatic injury to genitalia requiring treatment resulting in severe permanent damage or loss.

41.

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, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

42.

12

Complex injury to abdomen, including pelvis, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

43.

12

Complex injury covering all or most of the foot, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

44.

13

Injury to abdomen, including pelvis, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

45.

13

Injury to all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

46.

13

Injury to chest, causing or expected to cause significant functional limitation and restriction at 26 weeks, where the claimant has made or is expected to make a substantial recovery beyond that date.

47.

13

Moderate facial scarring where camouflage produces a good cosmetic result.

48.

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.

49.

13

Traumatic tension or open pneumothorax.

50.

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.

51.

13

Fractured tooth which has required, or is expected to require, root resection.

52.

13

Loss of two or more front teeth.

53.

14

Injury to abdomen including pelvis, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.

54.

14

Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result.

55.

14

Minor facial scarring.

56.

14

Flesh wound which has required, or is expected to require, operative treatment.

57.

14

Traumatic injury to genitalia requiring treatment resulting in moderate permanent damage.

58.

14

Damage to one front tooth which has required, or is expected to require, a crown or root canal surgery.

59.

14

Damage to two or more teeth other than front which have required, or are expected to require, crowns or root canal surgery.

60.

14

Loss of one front tooth.

61.

14

Loss of two or more teeth other than front.

62.

14

Cold injury with persisting symptoms and significant functional limitation and restriction.

63.

15

Minor scarring of scalp, neck, torso or limbs.

64.

15

Injury to abdomen, including pelvis, causing or expected to cause significant functional limitation and restriction at 13 weeks, with substantial recovery within 26 weeks.

65.

15

Shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb not requiring operative treatment.

66.

15

Cold injury which has caused, or is expected to cause, symptoms and significant functional limitation and restriction at 6 weeks, with substantial recovery beyond that date.

(*) When applied to limb injuries 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 limb injuries 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 chest and abdominal (including pelvis) injuries 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, diaphragm, chest or abdominal wall, pelvic floor, liver, pancreas, kidneys, bladder, spleen or ovaries.

(*)When applied to chest and abdominal (including pelvis) injuries 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.

(*) Any award for injury to limbs, back, chest or abdomen includes compensation for related scarring and damage to, or removal of structures (including skin, subcutaneous tissue, muscle, bone, tendons, ligaments, blood vessels and nerves).

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

(*) When applied to any injury, the expression “vital structures” includes major nerve or blood vessels.

(*) When applied to any injury, the term “torso” means any part of the chest, abdomen or back.

(*) When applied to any injury, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, delayed recovery or injury to self or others as a direct result of the injury itself.

(*) When applied to any limb, 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.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 3 - Mental disorders(*)

Item

Column (a)Level

Column (b)Injury

1.

8

Permanent mental disorder, causing severe functional limitation and restriction.

2.

9

Permanent mental disorder, causing moderate functional limitation and restriction.

3.

10

Mental disorder, causing functional limitation and 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 and 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 and 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 and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

(*) When applied to any disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the disorder itself.

(*) In assessing functional limitation and restriction for mental disorders account shall be taken of psychological, social and occupational function.

(*) Functional limitation and restriction is likely to be severe where symptoms or behaviours include mania, delusions, hallucinations, severe depression with suicidal preoccupations or abnormal rituals.

(*) Mental disorders must be diagnosed by a relevant accredited medical specialist.

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

Table 4 – Physical disorders including infectious diseases(*)

Item

Column (a)Level

Column (b)Injury

1.

6

Physical disorder causing severe functional limitation and restriction where life expectancy is less than five years.

2.

7

Physical disorder causing severe functional limitation and restriction where life expectancy is reduced, but is more than 5 years.

3.

8

Infertility.

4.

9

Physical disorder causing permanent severe functional limitation and restriction.

5.

11

Physical disorder which has caused, or is expected to cause severe functional limitation and restriction at 26 weeks from which the claimant has made, or is expected to make, a substantial recovery beyond that date.

6.

11

Physical disorder causing permanent moderate functional limitation and restriction.

7.

13

Physical disorder which has caused, or is expected to cause, severe functional limitation and 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 and 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 and 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 and 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 and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

(*) When applied to any disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others, as a direct result of the disorder itself.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 5 - Amputations(*)

Item

Column (a)Level

Column (b)Injury

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 or both arms.

4.

2

Loss of both legs above knee (hip disarticulation or hemipelvectomy).

5.

2

Loss of both arms above elbow (shoulder disarticulation or forequarter).

6.

2

Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow).

7.

2

Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below knee).

8.

3

Loss of both legs at or above knee (trans–femoral or knee disarticulation).

9.

3

Loss of both arms at or above elbow (trans–humeral or elbow disarticulation).

10.

3

Loss of one leg above knee (hip disarticulation or hemipelvectomy).

11.

3

Loss of one arm above elbow (shoulder disarticulation or forequarter).

12.

4

Loss of both legs below knee (trans-tibial).

13.

4

Loss of both arms below elbow (trans-radial).

14.

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.

15.

5

Loss of both feet at ankle or where amputation distal to that site has led to permanent total loss of use of both feet.

16.

5

Loss of one leg at or above knee (trans-femoral or knee disarticulation).

17.

5

Loss of one arm at or above elbow (trans-humeral or elbow disarticulation).

18.

6

Loss of one leg below knee (trans-tibial).

19.

6

Loss of one arm below elbow (trans-radial).

20.

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.

21.

7

Loss of both thumbs.

22.

8

Loss of one foot at ankle or where amputation distal to that site has led to permanent total loss of use of foot.

23.

10

Loss of both great toes.

24.

10

Loss of thumb.

25.

10

Loss of both index fingers.

26.

10

Loss of two or more fingers, other than thumb or index finger, from each hand.

27.

10

Partial loss of thumb and index finger from each hand.

28.

11

Loss of two or more fingers, other than thumb or index finger, from one hand.

29.

12

Loss of great toe.

30.

12

Loss of two or more toes, other than great toe, from each foot.

31.

12

Loss of index finger from one hand.

32.

12

Partial loss of thumb and index finger from one hand.

33.

12

Partial loss of two or more fingers, other than thumb or index finger, from each hand.

34.

12

Loss of finger, other than thumb or index finger, from each hand.

35.

12

Partial loss of thumb or index finger from each hand.

36.

12

Persistent phantom limb pain.

37.

12

Stump neuroma with trigger point stump pain.

38.

13

Loss of two or more toes, other than great toe, from one foot.

39.

13

Partial loss of each great toe.

40.

13

Partial loss of one finger, other than thumb or index finger, from each hand.

41.

13

Loss of one finger, other than thumb or index finger, from one hand.

42.

13

Partial loss of two or more fingers, other than thumb or index finger, from one hand.

43.

13

Partial loss of thumb or index finger from one hand.

44.

14

Partial loss of great toe from one foot.

45.

14

Loss of one toe, other than great toe, from each foot.

46.

14

Partial loss of one finger, other than thumb or index finger, from one hand.

47.

15

Loss of one toe, other than great toe, from one foot.

(*) 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.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 6 - Neurological disorders, including spinal cord, head or brain injuries (*)

Item

Column (a)Level

Column (b)Injury

1.

1

Spinal cord injury, at or above vertebra C3.

2.

1

Brain injury with persistent vegetative state.(a)

3.

1

Brain injury where epilepsy is present (or where there is a high risk of epilepsy) and the claimant has reflex activity but has little or no meaningful response to the environment, no language, double incontinence and requires full-time skilled nursing care. (b)

4.

2

Spinal cord injury at vertebra C4, C5 or C6.

5.

3

Spinal cord injury at vertebra C7, C8 or T1.

6.

3

Brain injury where epilepsy is present (or where there is a high risk of epilepsy) where the claimant has limited response to the environment; substantial physical and sensory problems; one or more of cognitive, personality or behavioural problems and requires regular skilled nursing care. (c)

7.

4

Spinal cord injury at vertebra T2 to T6.

8.

4

Brain injury where epilepsy is present (or where there is a high risk of epilepsy) where the claimant has some limitation on response to the environment; some physical and sensory problems; and one or more of cognitive, personality or behavioural problems but does not require skilled nursing care.(d)

9.

4

Uncontrolled post head injury epilepsy.

10.

5

Spinal cord injury at vertebra T7 to T10.

11.

5

Hemiplegia.

12.

5

Brain injury with some risk of epilepsy, where the claimant has moderate physical or sensory problems; one or more of cognitive, personality or behavioural problems and requires some help from others with activities of everyday living but not personal or nursing care. (d)

13.

6

Spinal cord injury at vertebra T11 to L1.

14.

7

Spinal cord injury at vertebra below L1.

15.

7

Brain injury with some persisting physical or sensory problems; one or more of cognitive, personality or behavioural problems and requires occasional help from others with activities of everyday living (d) or (e).

16.

9

Permanent upper limb paralysis due to traumatic damage to brachial plexus – pre-ganglionic.

17.

9

Permanent isolated damage to one cranial nerve.

18.

10

Permanent foot or wrist drop.

19.

11

Brain injury from which the claimant has made, or is expected to make, a substantial recovery beyond 26 weeks, except for residual objectively verified vertigo (f).

20.

11

Brain haemorrhage or stroke which has caused, or is expected to cause, persistent significant functional limitation and restriction at 26 weeks, but where there has been, or is expected to be, a substantial recovery beyond that date.

21.

11

Brain injury from which the claimant has made a substantial recovery and is able to resume work and social life with no significant physical, sensory or cognitive deficits but some residual problems with concentration and memory, disinhibited mood, personality change or depression.

22.

11

Minor head injury which has caused, or is expected to cause, functionally limiting or restricting impaired balance or post traumatic syndrome for more than 52 weeks.

23.

12

Controlled post head injury epilepsy.

24.

12

Permanent substantial peripheral motor sensory or autonomic nerve damage.

25.

12

Entrapment neuropathy which has not responded to treatment.

26.

12

Permanent upper limb paralysis due to traumatic damage to brachial plexus – post-ganglionic.

27.

13

Permanent facial numbness including lip.

28.

13

Entrapment neuropathy which has responded, or is expected to respond, to treatment.

29.

13

Minor 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.

30.

14

Permanent facial numbness which does not include the lip.

31.

15

Permanent minor peripheral sensory nerve damage.

(*) An award for brain injury in levels 1, 3 or 4 includes compensation for associated epilepsy.

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

(*) When applied to any injury or disorder, the expression “functional limitation and restriction” or “functionally limiting or restricting” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or to others as a direct result of the injury or disorder itself.

(*) Spinal cord injury – the level of spinal cord injury is the lowest intact spinal cord segment. An award for a spinal cord injury includes compensation for long-term neurological consequences, muscle spasms and effects on skin, spine, joints, bladder, bowel and sexual function and the cardiovascular and respiratory systems.

(*)Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

(a) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.

(b) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.

(c) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 6-8.

(d) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 9-12.

(e) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 13–15.

(f) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 13–15.

Table 7 - senses(*)

Item

Column (a)Level

Column (b)Injury

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.

5

Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36.

6.

6

Total deafness in both ears.

7.

6

Severe binocular visual field loss.

8.

8

Loss of one eye or total blindness in one eye.

9.

9

Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with severe persistent tinnitus.

10.

9

Partial loss of vision where visual acuity is correctable to 6/60.

11.

9

Permanent and inoperable cataracts in both eyes.

12.

10

Total deafness in one ear.

13.

10

Partial loss of vision where visual acuity is correctable to better than 6/60 and at least 6/36.

14.

10

Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus.

15.

10

Detached retina in both eyes.

16.

11

Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with severe tinnitus.

17.

11

Partial loss of vision where visual acuity is correctable to better than 6/36 and at least 6/18.

18.

11

Blast injury to ears with permanent sensorineural hearing loss in one ear of over 75dB averaged over 1, 2 and 3 kHz with severe persistent tinnitus.

19.

12

Partial loss of vision where visual acuity is correctable to better than 6/18 and at least 6/12.

20.

12

Permanent and inoperable cataract in one eye.

21.

12

Operable cataracts in both eyes.

22.

12

Moderate binocular visual field loss.

23.

12

Detached retina in one eye.

24.

12

Blast injury to ears with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3 kHz with severe persistent tinnitus.

25.

12

Blast injury to ears with permanent sensorineural hearing loss in one ear of over 75dB averaged over 1, 2 and 3 kHz with mild or no tinnitus.

26.

13

Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus.

27.

13

Significant penetrating injury to both eyes.

28.

13

Retinal damage (not detached) to both eyes.

29.

13

Partial loss of vision where visual acuity is correctable to better than 6/12.

30.

13

Dislocation of lens in one eye.

31.

13

Degeneration of optic nerve in both eyes.

32.

13

Permanent diplopia.

33.

13

Blast injury to ears with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3 kHz with mild or no tinnitus.

34.

14

Blast injury to ears.

35.

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.

36.

14

Operable cataract in one eye.

37.

14

Corneal abrasions in both eyes.

38.

14

Hyphaema in both eyes which has required, or is expected to require, operative treatment.

39.

14

Retinal damage (not detached) in one eye.

40.

14

Significant penetrating injury in one eye.

41.

14

Degeneration of optic nerve in one eye.

42.

14

Slight binocular visual field loss.

43.

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.

44.

15

Corneal abrasions in one eye.

45.

15

Hyphaema in one eye which has required, or is expected to require, operative treatment.

(*) For the purposes of the Scheme 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 and have a visual acuity of 3/60 or worse in both eyes;

“Total blindness in one eye” means that the claimant must have been diagnosed by an accredited medical specialist and have a 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 3 kHz as measured by appropriately calibrated equipment meeting British Standards, 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 3 kHz as measured by appropriately calibrated equipment meeting British Standards and using quality assured pure tone audiometry.

(*) Degree of visual field loss should be assessed by reference to an accredited specialist physician report which includes reasons.

(*) The tariff values for blast injury to ears apply where the tympanic membrane is intact. Where the tympanic membrane is perforated the award shall be increased by £1000.

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 8 – Fractures and dislocations(*)

Item

Column (a)Level

Column (b)Injury

1.

10

Fractured heels of both feet causing permanent significant functional limitation and restriction.

2.

10

Fractures or dislocations of both hips, both ankles, both knees, both shoulders, both elbows or both wrists causing permanent significant functional limitation and restriction.

3.

10

Multiple face fractures causing permanent significant cosmetic effect and functional limitation and restriction despite treatment.

4.

11

Fractures or dislocations of both hips, both ankles, both knees, both shoulders, both elbows or both wrists which have caused, or are expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date.

5.

11

Fractured heel of one foot causing permanent significant functional limitation and restriction.

6.

11

Fractured heel of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

7.

11

Fracture of pelvis which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

8.

11

Fracture or dislocation of great toe, of each foot, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

9.

11

Fractured tarsal bones of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

10.

11

Fractures of both femurs, both tibiae, both humeri, both ulnae or both radii which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

11.

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.

12.

11

Fracture or dislocation of one hip, elbow, wrist, ankle, knee or shoulder causing permanent significant functional limitation and restriction.

13.

12

Fracture of one humerus, femur, radius, ulna or tibia which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

14.

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 and restriction beyond 26 weeks.

15.

12

Fracture of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

16.

12

Fracture of each clavicle or each scapula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

17.

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.

18.

12

Fracture or dislocation of thumb of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

19.

12

Fracture or dislocation of one hip, elbow, wrist, ankle, knee or shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, with recovery beyond that date.

20.

12

Fracture or dislocation of index finger on each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

21.

12

Fracture or dislocation of great toe on one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

22.

12

Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

23.

12

Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

24.

12

Fractured heel of each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

25.

12

Fractured or dislocated patella on each knee which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

26.

12

Fractured metatarsal bones on each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

27.

12

Fractures of both femurs, both ulnae, both tibiae, both humeri or both radii from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

28.

13

Fractured tarsal or metatarsal bones on each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

29.

13

Fractured metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

30.

13

Fracture or dislocation of great toe of each foot from which the claimant has made or is expected to make a substantial recovery within 26 weeks.

31.

13

Fracture of one femur, ulna, tibia, humerus or radius from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

32.

13

Fracture of skull with sub-dural or extra-dural haematoma which has not required evacuation.

33.

13

Fracture of ethmoid which has required or is expected to require operative treatment.

34.

13

Fracture of zygoma which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

35.

13

Fracture or dislocation of one hip, ankle, knee, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks.

36.

13

Fracture of one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

37.

13

Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

38.

13

Fracture of each hand from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

39.

13

Blow-out fracture of orbit which has required, or is expected to require, operative treatment.

40.

13

Dislocated jaw which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

41.

13

Fracture of scapula or clavicle which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

42.

13

Fracture of each clavicle or each scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

43.

13

Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

44.

13

Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks.

45.

13

Fractures or dislocations of two or more toes, other than great, of each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

46.

13

Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

47.

13

Fracture or dislocation of thumb of each hand which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

48.

13

Fracture or dislocation of index finger on each hand, which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

49.

13

Fractures or dislocations of two or more fingers, other than index, on each hand, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

50.

13

Fracture or dislocation of index finger on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

51.

13

Fractured or dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks.

52.

14

Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

53.

14

Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

54.

14

Fractured ethmoid which has not, or is not expected to require, operative treatment.

55.

14

Fracture of mandible or maxilla from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

56.

14

Fracture of hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

57.

14

Deviated nasal septum requiring corrective surgery.

58.

14

Displaced fracture of nasal bones.

59.

14

Simple skull fracture.

60.

14

Fractured fibula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

61.

14

Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

62.

14

Fracture or dislocation of index finger, on one hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

63.

14

Fracture or dislocation of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

64.

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 and restriction beyond 26 weeks.

65.

14

Fractures or dislocations of two or more fingers, other than index, on each hand which have caused, or are expected to cause, significant functional limitation and restriction beyond 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

66.

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 and restriction beyond 26 weeks.

67.

14

Fractures or dislocations of one toe other than great toe, on each foot, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.

68.

14

Fractures or dislocations of two or more toes, other than great toe, on each foot, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

69.

14

Fracture or dislocation of great toe 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 each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

71.

14

Fracture or dislocation of thumb on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

72.

14

Subluxed acromio-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

73.

14

Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

74.

14

Fracture of clavicle or scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

75.

14

Fracture of sternum from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

76.

14

Fractured tarsal or metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

77.

14

Fractured or dislocated patella of each knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

78.

14

Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks, where the claimant has made, or is expected to make, a substantial recovery beyond that date.

79.

15

Fracture of mastoid.

80.

15

Undisplaced fracture of nasal bones.

81.

15

Deviated nasal septum which has not required, or is not expected to require, operative treatment.

82.

15

Fractured or dislocated patella of one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

83.

15

Fracture of three or more ribs.

84.

15

Fractures or dislocations of two or more toes, on one foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

85.

15

Fractures or dislocations of one toe, other than great toe, on each foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

86.

15

Fracture or dislocation of thumb from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

87.

15

Fractured tarsal or metatarsal bone on one foot, which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

88.

15

Fracture or dislocation of two or more fingers, other than index, on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

89.

15

Fracture or dislocation of two or more fingers, other than index, on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

90.

15

Fracture or dislocation of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

91.

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.

92.

15

Fracture or dislocation of one finger, other than index, on one hand, which has caused or is expected to cause significant functional limitation and restriction beyond 26 weeks.

93.

15

Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

94.

15

Fracture of three vertebral transverse or spinous processes.

(*) The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000. Any associated scarring is included in the award.

(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis.

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

(*) When applied to any injury, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others as a direct result of the injury itself.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 9 – Muscoskeletal disorders(*)

Item

Column (a)Level

Column (b)Injury

1.

7

Traumatic back injury with partial spinal cord injury causing permanent significant functional limitation and restriction.

2.

9

Permanent severely impaired grip in both hands.

3.

10

Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and 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 and 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 and 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 and 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 and restriction.

9.

11

Permanent severely impaired grip in one hand.

10.

11

Radiologically confirmed osteoarthritis of both knees, hips, ankles, shoulders, elbows or wrists (caused by a repetitive or attrition injury), causing permanent significant functional limitation and restriction.

11.

12

Two frozen shoulders which have caused, or are expected to cause, significant functional limitation and 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 and 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 and 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 and 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 and restriction beyond 13 weeks.

17.

13

Frozen shoulder, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.

18.

13

Two frozen shoulders, 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 and 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 and 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 and restriction beyond 13 weeks.

25.

13

Radiologically confirmed osteoarthritis of knee, hip, ankle, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation and restriction.

26.

13

Compartment syndrome which has lasted, or is expected to last, beyond 13 weeks.

27.

14

Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

28.

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 and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

29.

14

Muscle or tendon unit injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

30.

14

Knee meniscus injury, or other knee pathology, which has required, or is expected to require, operative management.

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 and restriction at 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 and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.

35.

15

Knee meniscus injury which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

36.

15

Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.

37.

15

Direct hernia which has required operative treatment.

38.

15

Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

39.

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 and 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.

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.

(*) When applied to any injury or disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the injury or disorder itself.

(*) References to back in this table include cervical, thoracic, lumbar or sacral segments.

(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 10

Column (a)

Column (b)

Level

Injury

1

£285,000

2

£201,250

3

£115,000

4

£86,250

5

£57,500

6

£46,000

7

£34,500

8

£28,750

9

£22,000

10

£16,500

11

£11,000

12

£8,250

13

£5,250

14

£2,625

15

£1,050

SCHEDULE 5TABLE OF FACTORS

Article 16(2)

Table of Guaranteed Income Payment Factors

Age at last birthday

GIP Factor

Age at last birthday

GIP Factor

16

0.905

37

0.790

17

0.902

38

0.781

18

0.898

39

0.772

19

0.894

40

0.762

20

0.891

41

0.751

21

0.887

42

0.740

22

0.882

43

0.728

23

0.878

44

0.715

24

0.873

45

0.702

25

0.869

46

0.687

26

0.864

47

0.672

27

0.859

48

0.656

28

0.853

49

0.638

29

0.847

50

0.619

30

0.841

51

0.599

31

0.835

52

0.577

32

0.829

53

0.554

33

0.822

54

0.528

34

0.814

55

0.500

35

0.807

Over 55

0.500

36

0.799