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

Article 2(1)

SCHEDULE 1 MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

PART I SUBSTANTIAL 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 II EXCLUSIVE RELATIONSHIP

A relationship is not an exclusive relationship if—

(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

(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.

Article 12(1)

SCHEDULE 2 MODIFICATIONS FOR RESERVE FORCES

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(1);

“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—

(a)

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

(b)

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

(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)”.

3.  For article 31 there is substituted the following article—

“31.— (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(2);

(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(3) or provisionally approved under section 655(5) of that Act.”

Article 12(2)

SCHEDULE 3 MODIFICATIONS FOR GURKHAS

1.  The definition of “salary” in article 4 is modified as follows—

(1) in paragraph (1) for “member or former member of the forces” there is substituted “Gurkha”, and

(2) for sub-paragraph (a) of paragraph (1) there is substituted—

“(a) basic pay in the Brigade of Gurkhas for a Gurkha of his rank and seniority, and”

2.  Where a Gurkha is discharged into Nepal, the definition of “relevant factor” in articles 16(5), 26(3) and 28(6) has effect as if the reference to the table set out in Schedule 5 was a reference to the table set out at the end of this Schedule.

3.  Where—

(a) the surviving spouse or surviving adult dependant of a Gurkha or former Gurkha who was discharged into the United Kingdom; or

(b) any child of his who is an eligible child

is resident in Nepal, the definition of “relevant factor” in articles 26(3) and 28(6) has effect as if the reference to the table set out in Schedule 5 was a reference to the table set out at the end of this Schedule.

4.  For article 31 there is substituted—

“31.— (1) This article applies where a Gurkha is discharged into Nepal or where his surviving spouse or surviving adult dependant or any child of his who is an eligible child resides in Nepal.

(2) Where a former Gurkha is entitled to a guaranteed income payment for any period during which he is also entitled to a pension by virtue of the pension arrangements applicable to Gurkhas as a result of their service, guaranteed income payment is reduced by the amount of that pension.

(3) Where the surviving spouse or surviving adult dependant of a Gurkha or former Gurkha is entitled to a survivor’s guaranteed income payment for any period during which he is also entitled to a family pension in respect of the deceased Gurkha by virtue of the pension arrangements applicable to Gurkhas as a result of their service, survivor’s guaranteed income payment is reduced by the amount of that pension.

(4) Where a Gurkha or former Gurkha dies—

(a) without leaving a surviving spouse or surviving adult dependant but leaves at least one eligible child; and

(b) a family pension is payable as a result of his death

the total amount of child’s payment payable to his eligible children shall be reduced by the amount of the family pension.

(5) Where paragraph (4) applies—

(a) the amount of the family pension shall be divided by the number of eligible children; and

(b) the child’s payment paid to or in respect of each eligible child shall be reduced by the amount resulting from the division”.

Table of Guaranteed Income Payment Factors for Gurkhas

Age at last birthday	GIP Factor	Age at last birthday	GIP Factor
16	1.127	37	0.831
17	1.118	38	0.808
18	1.109	39	0.784
19	1.100	40	0.758
20	1.090	41	0.730
21	1.080	42	0.701
22	1.069	43	0.671
23	1.057	44	0.638
24	1.046	45	0.604
25	1.034	46	0.566
26	1.021	47	0.527
27	1.008	48	0.484
28	0.993	49	0.439
29	0.978	50	0.390
30	0.963	51	0.339
31	0.947	52	0.282
32	0.931	53	0.221
33	0.913	54	0.155
34	0.894	55	0.083
35	0.874	Over 55	0.083
36	0.853

Article 14

SCHEDULE 4 THE TARIFF

Table 1– Burns*

Column (a)	Column (b)
Level	Injury
*Awards for all burns include compensation for any residual scarring or pigmentation. *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.
4	Burns, with deep second degree, third degree, or full thickness burns affecting 70 per cent or more of whole body surface area.
5	Burns, with deep second degree, third degree, or full thickness burns affecting 50 to 69 per cent of whole body surface area.
6	Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49 per cent of whole body surface area.
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.
8	Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 15 per cent of whole body surface area.
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.
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.
12	Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5 per cent of whole body surface area.
12	Burns, with first degree or superficial second degree burns affecting more than 15 percent of whole body surface area.
13	Burns, with first degree or superficial second degree burns to the face or face and neck.
14	Burns, with first degree or superficial second degree burns affecting 4.5 to 15 percent of whole body surface area.
15	Burns, with first degree or superficial second degree burns affecting 1 to 4.4 per cent of whole body surface area.

Table 2 - Injury, Wounds and Scarring*

Column (a)	Column (b)
Level	Injury
*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, 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 or skin graft. *When applied to chest and abdominal (including pelvis) injuries the expression “complex injury” means that there is damage to vital structures and organs including two or more of the following: trachea, lungs, heart, oesophagus, great vessels, diaphragm, chest or abdominal wall, liver, kidneys, 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 or a laparotomy with repair and/or removal of organs and structure. *An award for an injury to limbs, chest or abdomen includes compensation for related damage to or removal of structures. *Any reference 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.
5	Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent functional limitation and restriction.
5	Loss of both kidneys or chronic renal failure.
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 functional limitation and restriction.
6	Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent functional limitation and restriction.
6	Complex injury to chest, with complications, causing permanent functional limitation and restriction.
7	Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent functional limitation and restriction.
7	Injury covering all of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent functional limitation and restriction.
7	Injury to chest, with complications, causing permanent functional limitation and restriction.
7	Complex injury to abdomen, including pelvis, with complications, causing permanent functional limitation and restriction.
8	Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent functional limitation and restriction.
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 functional limitation and restriction.
8	Severe facial lacerations which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment.
8	Injury to abdomen, including pelvis, with complications, causing permanent functional limitation and restriction.
8	Injury to chest, causing permanent major functional limitation and restriction.
9	Injury to abdomen, including pelvis, causing permanent functional limitation and restriction.
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 functional limitation and restriction.
10	Serious permanent damage to, or loss of, one kidney.
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.
11	Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause functional limitation and restriction at 26 weeks with substantial recovery beyond that date.
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.
11	Severe facial scarring which produces a poor cosmetic result despite camouflage.
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 functional limitation and restriction at 26 weeks with substantial recovery beyond that date.
12	Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result.
12	Injury to chest with complications, causing or expected to cause functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
12	Injury covering all or most of the area thigh to ankle or shoulder to wrist, causing or expected to cause functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
12	High velocity gun shot wound affecting skin, subcutaneous tissue and muscle of the abdomen, chest or limbs.
13	Injury to abdomen including pelvis, with complications, causing or expected to cause functional limitation and restriction at 26 weeks with substantial recovery beyond that date.
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 functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
13	Injury to chest, causing or expected to cause functional limitation or restriction at 26 weeks, where the claimant has made or is expected to make a substantial recovery beyond that date.
13	Moderate facial scarring where camouflage produces a good cosmetic result.
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.
13	Traumatic tension or open pneumothorax.
14	Injury to abdomen including pelvis, causing or expected to cause functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
14	Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result.
14	Minor facial scarring.
14	Flesh wound which has required, or is expected to require operative treatment.
14	Fractured tooth which has required, or is expected to require root resection.
14	Loss of two or more front teeth.
15	Minor scarring of scalp, neck, torso or limbs.
15	Damage to one front tooth which has required, or is expected to require a crown or root canal surgery.
15	Damage to two or more teeth other than front which has required, or is expected to require crowns or root canal surgery.
15	Loss of one front tooth.
15	Loss of two or more teeth other than front.

Table 3- Mental disorders*

Column (a)	Column (b)
Level	Injury
*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 reference to duration of effects in column (b) are from date of injury or onset of illness.
8	Permanent mental disorder, causing severe functional limitation and restriction.
10	Permanent mental disorder, causing moderate functional limitation and restriction.
11	Mental disorder, which is functionally limiting and restricting, and has continued, or is expected to continue for 5 years.
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.
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.
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.

Table 4 - Physical disorders including infectious diseases*

Column (a)	Column (b)
Level	Injury
*Any reference 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.
6	Physical disorder causing severe functional limitation and restriction where life expectancy is less than five years.
7	Physical disorder causing severe functional limitation and restriction where life expectancy is reduced, but is more than 5 years.
8	Infertility.
9	Physical disorder causing permanent severe functional limitation and restriction.
11	Physical disorder which has caused, or is expected to cause severe functional limitation and restriction at 26 weeks where the claimant has made, or is expected to make, a substantial recovery beyond that date.
11	Physical disorder causing permanent moderate functional limitation and restriction.
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.
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.
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.
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.
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.

Table 5 – Amputations*

Column (a)	Column (b)
Level	Injury
*Loss of a finger means that amputation has taken place at the metacarpophalangeal joint. *Loss of a toe means that amputation has taken place at the metatarsophalangeal joint. *Any reference 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.
1	Loss of both legs (above or below knee) and both arms (above or below elbow).
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).
1	Total deafness and loss of either both legs or both arms.
2	Loss of both legs above knee (hip disarticulation or hemipelvectomy).
2	Loss of both arms above elbow (shoulder disarticulation or forequarter).
2	Loss of both legs (above or below knee) and one arm (above or below elbow).
2	Loss of both arms (above or below elbow) and one leg (above or below knee).
3	Loss of both legs at or above knee (trans–femoral or knee disarticulation).
3	Loss of both arms at or above elbow (trans–humeral or elbow disarticulation).
3	Loss of one leg above knee (hip disarticulation or hemipelvectomy).
3	Loss of one arm above elbow (shoulder disarticulation or forequarter).
4	Loss of both legs below knee (trans-tibial).
4	Loss of both arms below elbow (trans-radial).
4	Loss of both hands (wrist disarticulation).
4	Loss of one leg at or above knee and one leg below knee.
4	Loss of one arm at or above elbow, and one arm below elbow.
5	Loss of both feet at ankle.
5	Loss of one leg at or above knee (trans-femoral or knee disarticulation).
5	Loss of one arm at or above elbow (trans-humeral or elbow disarticulation).
6	Loss of one leg below knee (trans-tibial).
6	Loss of one arm below elbow (trans-radial).
6	Loss of one hand (wrist disarticulation).
7	Loss of both thumbs.
8	Loss of one foot at ankle.
10	Loss of both great toes.
10	Loss of thumb.
10	Loss of both index fingers.
10	Partial loss of thumbs and index fingers of both hands.
11	Loss of two or more fingers other than thumb or index finger from one hand.
12	Loss of great toe.
12	Loss of index finger from one hand.
12	Partial loss of thumb and index finger from one hand.
12	Partial loss of thumb or index finger of both hands.
12	Persistent phantom limb pain.
12	Stump neuroma with trigger point stump pain.
13	Loss of two or more toes, other than great toe, from one foot.
13	Partial loss of both great toes.
13	Loss of one finger other than thumb or index finger.
13	Partial loss of two or more fingers, other than thumb or index finger, from one hand.
13	Partial loss of thumb or index finger from one hand.
14	Partial loss of great toe.
14	Partial loss of one finger, other than thumb or index finger, from one hand.
15	Loss of one toe, other than great toe, from one foot.

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

Column (a)	Column (b)
Level	Injury
(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 less than 6-8.
(d) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 9-12.
(e) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 13-15.
(f) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 13-15.
*An award for brain injury in levels 1, 3 or 4 includes compensation for associated epilepsy. *Any reference 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.
1	Spinal cord injury, at or above vertebra C3.
1	Brain injury with persistent vegetative state.(a)
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 and requires full-time skilled nursing care.(b)
2	Spinal cord injury at vertebra C4 or C5.
3	Spinal cord injury at vertebra C6.
3	Brain injury where epilepsy is present (or where there is a high risk of epilepsy) where the claimant has limited response to environment and substantial physical, sensory, personality, behavioural or cognitive problems and requires regular skilled nursing care.(c)
3	Paralysis of both arms.
3	Paralysis of both legs.
4	Spinal cord injury at vertebra C7 or C8.
4	Brain injury where epilepsy is either present (or where there is a high risk of epilepsy) where the claimant has some limitation on response to environment and some sensory, personality, behavioural or cognitive problems but does not require skilled nursing care.(d)
5	Spinal cord injury at vertebra T1.
5	Hemiplegia.
6	Uncontrolled post-head-injury epilepsy.
7	Paralysis of one leg.
7	Paralysis of one arm.
9	Permanent damage to brachial plexus.
9	Permanent isolated damage to one cranial nerve.
10	Permanent foot or wrist drop.
11	Brain injury from which the claimant has made, or is expected to make, a substantial recovery beyond 26 weeks, except for residual vertigo.(e)
11	Brain haemorrhage or stroke which has caused, or is expected to cause, persistent functional limitation and restriction at 26 weeks, but where there has been, or is expected to be, a substantial recovery beyond that date.
12	Brain injury from which the claimant has made, or is expected to make, a substantial recovery beyond 26 weeks, except for problems with memory or concentration.(f)
12	Controlled post-head-injury epilepsy.
12	Permanent substantial peripheral sensory nerve damage.
12	Entrapment neuropathy which has not responded to treatment.
13	Permanent facial numbness including lip.
13	Entrapment neuropathy which has responded, or is expected to respond, to treatment.
14	Permanent facial numbness which does not include the lip.
14	Minor head injury which has caused or is expected to cause, impaired balance or post-traumatic syndrome for more than 6 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
15	Permanent minor peripheral sensory nerve damage.

Table 7 - senses*

Column (a)	Column (b)
Level	Injury
*For the purposes of the scheme the following definitions apply: “Blindness” 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; and “Total deafness”, means that the claimant’s bilateral average hearing threshold level is 90 dB 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. *Any reference 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.
1	Total deafness and loss of both eyes, or blindness in both eyes, or loss of one eye and blindness in the other eye.
2	Loss of eyes.
2	Blindness in both eyes.
2	Loss of one eye and blindness in the other eye.
5	Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36.
6	Deafness in both ears.
8	Loss of one eye or blindness in one eye.
9	Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with severe persistent tinnitus.
9	Partial loss of vision where binocular visual acuity is correctable to 6/60.
9	Permanent and inoperable cataracts in both eyes.
10	Deafness in one ear.
10	Partial loss of vision where binocular visual acuity is correctable to 6/36.
10	Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus.
11	Detached retina in both eyes.
11	Bilateral permanent hearing loss of 50-75dB averaged over 1, 2 and 3kHz, with severe tinnitus.
11	Partial loss of vision where binocular visual acuity is correctable to 6/24.
12	Partial loss of vision where binocular visual acuity is correctable to 6/18.
12	Permanent and inoperable cataract in one eye.
12	Operable cataracts in both eyes.
13	Bilateral permanent hearing loss of 50-75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus.
13	Significant penetrating injury to both eyes.
13	Detached retina in one eye.
13	Retinal damage (not detached) to both eyes.
13	Partial loss of vision where binocular visual acuity is correctable to 6/12.
13	Dislocation of lens in one eye.
13	Degeneration of optic nerve in both eyes.
13	Permanent diplopia.
14	Blast injury to ears.
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.
14	Operable cataract in one eye.
14	Corneal abrasions in both eyes.
14	Hyphaema in both eyes which has required, or is expected to require, operative treatment.
14	Retinal damage (not detached) in one eye.
14	Significant penetrating injury in one eye.
15	Diplopia from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
15	Corneal abrasions in one eye.
15	Hyphaema in one eye which has required, or is expected to require, operative treatment.

Table 8 - Fractures and dislocations*

Column (a)	Column(b)
Level	Injury
*The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000. *An award for an injury in this table includes compensation for any expected consequential osteoarthritis. *Any reference 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.
10	Fractured heels of both feet causing permanent significant functional limitation and restriction.
10	Fractures or dislocations of both hips, both ankles, both shoulders, both elbows or both wrists causing permanent significant functional limitation and restriction.
10	Multiple face fractures causing permanent significant cosmetic effect and functional limitation and restriction despite treatment.
11	Fractures or dislocations of both hips, both ankles, 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.
11	Fracture of pelvis which has caused or is expected to cause significant functional limitation and restriction beyond 26 weeks.
11	Fractures of both great toes which have caused or are expected to cause significant functional limitation and restriction beyond 26 weeks.
11	Fractures of tarsal bones of both feet which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
11	Fractures of both femurs, both tibiae, both humeri, both ulnae or both radii which have caused, or are expected to cause, continuing significant functional limitation and restriction beyond 26 weeks.
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.
11	Fracture or dislocation of one hip, elbow, wrist, ankle or shoulder causing permanent significant functional limitation and restriction.
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.
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.
12	Fracture of both hands which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Fracture of both scapulae or both clavicles which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
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 functional recovery within 26 weeks.
12	Fractures or dislocations of both thumbs which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Fracture or dislocation of one hip, elbow, wrist, ankle or shoulder which has caused or is expected to cause significant functional limitation and restriction at 26 weeks with recovery thereafter.
12	Fractures or dislocations of index fingers on both hands which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Fracture of great toe which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Fracture of tarsal bones on one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Fracture of heel which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Dislocated patellae in both knees which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Fracture of both femurs, both ulna, both tibiae, both humeri or both radii from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
13	Fractured metatarsal bones on both feet which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
13	Fracture of tarsal bones on both feet from which the claimant has made or is expected to make a substantial functional recovery within 26 weeks.
13	Fracture of both great toes from which the claimant has made or is expected to make a substantial functional recovery within 26 weeks.
13	Fracture of one femur, ulna, tibiae, humeri or radii from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
13	Fracture of skull with sub-dural or extra-dural haematoma which has not required evacuation.
13	Fracture of ethmoid which has required or is expected to require operative treatment.
13	Fracture of zygoma which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
13	Fracture or dislocation of one hip, ankle, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks.
13	Fracture of one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
13	Fractured of both heels where the claimant has made, or is expected to make a substantial recovery within 26 weeks.
13	Fracture of both hands from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
13	Blow-out fracture of orbit which has required, or is expected to require, operative treatment.
13	Dislocated jaw which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
13	Fractured scapula or clavicle which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
13	Fracture of both clavicles or both scapulae where the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
13	Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
13	Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks.
13	Fractures of two or more toes, other than great, of both feet which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
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.
13	Fracture or dislocation of both thumbs from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
13	Fractures or dislocations of index finger on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
13	Fractures or dislocations of 2 or more fingers, other than index, on both hands which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
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.
13	Fracture or dislocation of one finger, other than index, on both hands which has caused, or is expected to cause significant functional limitation and restriction beyond 26 weeks.
13	Fractures of metatarsal bones on both feet, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
13	Fractures of metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restrictions beyond 26 weeks.
13	Dislocated patella which has caused, or is expected to cause significant functional limitation continuing beyond 26 weeks.
14	Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fracture of index finger on both hands from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fractured ethmoid which has not, or is not expected to require operative treatment.
14	Fracture of mandible or maxilla from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fracture of hand from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Deviated nasal septum requiring corrective surgery.
14	Displaced fracture of nasal bones.
14	Simple skull fracture with no brain injury.
14	Fractured fibula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
14	Fracture or dislocation of thumb on one hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Fracture or dislocation of index finger from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Fracture or dislocation of one finger, other than index, of one hand which has caused, or is expected to cause continuing functional limitation and restriction beyond 26 weeks.
14	Fracture or dislocation of one finger, other than index, of both hands from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
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.
14	Fractures or dislocations of two or more fingers, other than index, on both hands from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Fractures of two or more toes, other than great toe, on one foot which has caused, or is expected to cause significant functional limitation and restriction beyond 26 weeks.
14	Fracture of two or more toes, other than great toe, on both feet from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fracture of great toe from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Dislocated acromio-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Fracture of clavicle or scapulae from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fracture of sternum from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fractures of tarsal or metatarsal bones on one foot from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Fracture of heel from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
14	Dislocated patellae in both knees from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
15	Fracture of mastoid.
15	Undisplaced fracture of nasal bones.
15	Deviated nasal septum which has not required or is not expected to require operative treatment.
15	Dislocated patella from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
15	Fracture of three or more ribs.
15	Fractures of two or more toes in one foot from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
15	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 within 13 weeks.
15	Fractures of two or more fingers, other than index, on one hand from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
15	Fracture of one finger on two hands from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
15	Fracture of index finger on one hand from which the claimant has made, or is expected to make a substantial recovery within 13 weeks.
15	Fracture of fibula from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.

Table 9 - Musco-skeletal disorders*

Column (a)	Column (b)
Level	Injury
*Award for an injury in this table includes any expected consequential osteoarthritis. *Any reference 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.
10	Permanent severely impaired grip in both hands.
10	Ligament injury which has resulted in rupture, affecting both knees, ankles, shoulders or elbows, causing permanent significant functional limitation and restriction.
11	Ligament injury which has resulted in rupture, affecting one knee, ankle, shoulder or elbow, causing permanent significant functional limitation and restriction.
11	Ligament injury which has resulted in rupture, affecting both knees, both ankles, both shoulders or both elbows, 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.
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 26 weeks.
11	Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder.
11	Ligament injury short of rupture, to both knees, ankles, shoulders or elbows, causing permanent significant functional limitation and restriction.
12	Two frozen shoulders which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Ligament injury short of rupture, to both knees, ankles, shoulders or elbows, 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.
12	Ligament injury which has resulted in rupture, affecting one knee, ankle, shoulder or elbow, 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.
12	Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
12	Traumatic back injury including prolapsed interverterbal discs (with medically verified neurological signs and vertebral damage), which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
12	Radiologically confirmed osteoarthritis of both knees, hips, ankles, shoulders or elbows (caused by a repetitive or attrition injury), causing permanent significant functional limitation and restriction.
12	Permanent severely impaired grip in one hand.
13	Frozen shoulder, which has caused, or is expected to cause, continuing significant functional limitation and restriction beyond 26 weeks.
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.
13	Ligament injury short of rupture, to both knees, ankles, shoulders or elbows from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
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.
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.
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.
13	Ligament injury short of rupture, to one knee, shoulder, ankle or elbow which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks with substantial recovery beyond that date.
13	Back sprain or strain, with either more than one inter-vertebral disc prolapse, or more than one vertebral fracture, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
13	Radiologically confirmed osteoarthritis of knee, hip, ankle, shoulder or elbow (caused by repetitive and attrition injury) causing permanent significant functional limitation and restriction.
13	Compartment syndrome which has lasted, or is expected to last, beyond 6 weeks and which has required, or is expected to require, operative treatment.
14	Frozen shoulder which has caused, or is 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.
14	Ligament injury short of rupture to one knee, ankle, shoulder or elbow from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Muscle or tendon unit injury short of full thickness rupture from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
14	Knee meniscus injury which has required, or is expected to require, operative treatment.
14	Tendon rupture of finger or thumb which has required, or is expected to require, operative reconstruction.
14	Back sprain or strain, with one vertebral fracture, 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 2 years.
14	Low back pain syndrome.
14	Anterior knee pain syndrome in both knees which has caused, or is expected to cause significant functional restriction and limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
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.
15	Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional restriction and limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
15	Direct hernia which has required operative treatment.
15	Frozen shoulder which has caused, or is expected to cause, significant functional limitation at 6 weeks from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

Table 10

Column (a)	Column (b)
Level	Amount
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

Article 16(2)

SCHEDULE 5 TABLE OF FACTORS

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

(1)

1996 c. 14.

(2)

1993 c. 48 as amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 18 and Schedule 2, paragraph 3(1)(a).

(3)

1988 c. 1.