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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (“the principal Order”) which provides for benefits to be payable to or in respect of a person by reason of injury or illness (whether physical or mental), or death, which is caused (wholly or partly) by service in the armed forces or reserve forces.

Article 11 is amended to put beyond doubt that the inclusion which provides that benefit is payable for injury or death by reason of a person being called out to an emergency, covers travel both to and from the emergency.

Articles 29, 35 and the modified article 35 in Schedule 2 are amended to provide for a bereavement grant to be paid to an eligible child in circumstances where there is no surviving spouse, civil partner or surviving adult dependant. Where there is more than one eligible child the grant is divided between the eligible children who have made a claim for child’s payment at the time the grant is paid.

The amendment to article 46 revokes the provision that if a potential claimant requests from the Secretary of State information relating to making a claim and then makes a claim within 3 months, the date of the claim is the date of the request. The effect of the revocation of this provision is that the date of claim will be the date it is made.

Article 64 is amended to insert a new provision that where a claim is made in respect of a person who dies after leaving service, an award of survivor’s guaranteed income payment and an award of child payment is backdated to the day following the date of death, providing the claim is made within 3 months of the date of death. The amendment restates the current position that where a person dies in service, the payments start on the day following the date of death.

The amendments to Tables 8 and 9 of Schedule 3 insert new descriptors (description of injury or illness) and amend existing descriptors in the tariff. The tariff lists the various forms of injury or illness for which compensation is payable, specifies a numerical tariff level and specifies for each tariff level the amount of compensation payable. Where a person sustains an injury which the Secretary of State considers is sufficiently serious to warrant an award, he may make a temporary award under article 26 of the principal Order, but must amend the tariff within 1 year of making the award. The new and amended descriptors are as a result of making temporary awards.

The other amendments correct minor drafting errors in the principal Order.

Article 10 of this Order makes transitional provisions. The new and amended descriptors do not apply where a claim or application for review is made before the day this Order comes into force, unless they describe injuries for which a temporary award is made. It also provides that where a person has requested information about making a claim under article 46(2) of the principal Order before this Order comes into force, and then makes a claim within 3 months of the request, the date of claim will be the date of the request.