2011 No. 517

Pensions

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

Made23rd February 2011

Laid before Parliament28th February 2011

Coming into force9th May 2011

The Secretary of State, in exercise of the powers conferred by section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 M1, makes the following Order:

Annotations:

Marginal Citations

2004 c. 32.

PART 1PRELIMINARY

Citation and commencement1

This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and comes into force on 9th May 2011.

Interpretation2

In this Order—

1

“the AFCS 2005” means the Scheme established by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 M2;

“the AFPS 1975” means the occupational pension scheme arrangements set out in—
1. a
  the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 16th December 2010 M3;
2. b
  the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 made on 15th December 2010 M4;
3. c
  the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 15th December 2010 M5;
“the AFPS 2005” means the Scheme established in the Armed Forces Pension Scheme Order 2005 M6;
F67“the AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014;
“accredited medical specialist” means a medical practitioner whose name is included in the specialist register kept and published by the General Medical Council as required by section 34D of the Medical Act 1983 M7;
“acting rank” means a rank where a member of the forces is appointed to a post above the member's substantive rank, and is paid at the rate appropriate to the higher rank;
“additional benefit” means a benefit specified in article 75(2) and (3);
“additional lump sum” means a benefit previously awarded under article 15C M8 of the AFCS 2005;
“additional multiple injury lump sum” means a benefit previously awarded under article 15B M9 of the AFCS 2005;
“appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943 M10;
F1“armed forces independence payment” is the benefit referred to in article 24A;
“benefit” means a benefit payable under this Order;
“bereavement grant” means the grant referred to in article 29(1)(b);
“body zone” is to be construed in accordance with article 20;
“child's payment” means the payment referred to in article 29(1)(c) and determined in accordance with article 36;
“claimant” means a person who has claimed benefit, a person to whom benefit has been paid and a person affected by any decision of the Secretary of State made under this Order;
“claim form” means the form referred to in article 44(b);
“a Commissioner” means a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 1943 M11;
F94“constant attendance allowance” means a constant attendance allowance under article 8 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
“death benefit” means a benefit referred to in article 29;
“descriptor” means a description of an injury in column (b) of Tables 1 to 9 of the tariff, and is to be construed in accordance with article 5;
“downgraded” means downgraded for medical reasons as a result of which the person downgraded undertakes a reduced range of duties but retains rank and pay;
“eligible child” has the meaning given in article 31;
F2 “ extra-costs disability benefit ” means personal independence payment under the Welfare Reform Act 2012, disability living allowance or attendance allowance under the Social Security Contributions and Benefits Act 1992, or any equivalent benefit awarded under corresponding Northern Ireland legislation or under the legislation of another country or dependent territory;
“fast payment” means the benefit referred to in article 27;
“final decision” means a decision referred to in article 54;
“forces” means the armed forces and the reserve forces;
“former member” means a former member of the forces;
“the FTRSPS 2010” means the occupational pension scheme for members of the Full-Time Reserve Service M12 established by regulations made by the Defence Council M13 in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996 M14;
“guaranteed income payment” is the payment referred to in article 15(1)(c) and determined in accordance with article 24;
“Gurkha Pension Scheme” means the Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949) M15;
“ill-health pension” means a pension paid under —
1. a
  rules D1 and D7 (where the ill-health condition is met) of the instruments referred to in the definition of the AFPS 1975;
2. b
  rule D5 or D6 of the AFPS 2005; F95...
3. c
  provisions in the FTRSPS 2010, the Gurkha Pension Scheme, the NRPSPS or the RFPS 2005 equivalent to a pension specified in sub-paragraph (a) or (b) above; F96or
4. d
  (F97Chapter 3 of Part 5 of the AFPS 2015;
“illness” means a physical or mental disorder included either in the International Statistical Classification of Diseases and Related Health Problems M16 or in the Diagnostic and Statistical Manual of Mental Disorders M17;
“injury” includes illness except in relation to determining eligibility for a fast payment in article 27(1)(a);
“injury benefit” means a lump sum, a supplementary award and guaranteed income payment;
“interim award” means an award under article 52(1);
“lump sum”, except in the expressions “additional lump sum” and “additional multiple injuries lump sum”, means the sum referred to in article 15(1)(a) and determined in accordance with article 16(3);
“medical expenses” means the expenses referred to in article 28;
“member” member means a member of the forces;
F98“mobility supplement” means a mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
F3 “ Motability ” means the company set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter;
“the NRPSPS” means the occupational pension scheme for members of the Non-Regular Permanent Staff M18 set out in Chapter 9 of the Territorial Army Regulations 1978 M19 made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;
“predominant” means more than 50%;
“the RFPS 2005” means the occupational pension scheme for members of the reserve forces established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;
“service” means service as a member of the forces;
“Service Personnel and Veterans Agency” means an office designated by the Secretary of State for the purpose of receiving and determining applications for benefit;
“substantial and exclusive relationship” is to be construed in accordance with Schedule 1;
“supplementary award” means an award referred to in article 15(1)(b) and determined in accordance with article 16(5) and Part 2 of Schedule 3;
“surviving adult dependant” has the meaning given in article 30;
“survivor's guaranteed income payment” is the payment referred to in article 29(1)(a) and determined in accordance with article 34;
“tariff” means the tables of injuries and amounts set out in Part 1 of Schedule 3;
“tariff level” means the level of the tariff specified in column (a) of Tables 1 to 10 of Part 1 of Schedule 3;
“temporary award” means an award referred to in article 26.

2

In this Order, any reference to claiming a benefit or to a claim—

a

is to be treated as including a case where, by virtue of article 45, it is not a condition of entitlement to benefit that a claim be made;

b

in the case of a claim for injury benefit, means a claim for one injury even where claims for more than one injury are made on the same claim form.

3

In this Order, a person is “discharged on medical grounds” if the discharge is on the grounds that the person is medically unfit to continue in service, and as a result is entitled to an ill-health pension.

Definition of “late onset illness”3

A “late onset illness” is—

a

a malignancy, or other physical disorder which is capable of being caused by an occupational exposure occurring 7 or more years before the onset of the illness or the date of death as the case may be;

b

a mental disorder which is capable of being caused by an incident occurring 7 or more years before the onset of the illness; or

c

a mental disorder capable of being caused by an incident occurring less than 7 years before the date of onset of the illness, which disorder is capable of causing the person suffering from it to be unable to seek medical help for the disorder within 7 years of the date of onset of the illness.

Definition of “salary”4

1

Subject to the following provisions of this article, in this Order “salary”, in relation to a member or former member in respect of whom benefit is payable, means—

a

basic pay payable at the rate for a person of the member's substantive rank, or acting rank as the case may be, and seniority; and

b

any other amount if and to the extent that the Defence Council have determined that it is to be treated as salary.

2

Subject to paragraph (1)(b), “salary” does not include—

a

any allowances; or

b

any additional amounts payable in respect of particular qualifications or duties (including payable to medical or dental officers), the location of service or the conditions in which service is temporarily performed.

3

“Salary” does not include any description of payment that the Secretary of State has determined is not to be treated as salary.

Injury caused by service8

1

Subject to articles 11 and 12, benefit is payable to or in respect of a member or former member by reason of an injury which is caused (wholly or partly) by service where the cause of the injury occurred on or after 6th April 2005.

2

Where injury is partly caused by service, benefit is only payable if service is the predominant cause of the injury.

Injury made worse by service9

1

Subject to articles 11 and 12, benefit is payable to or in respect of a former member of the forces by reason of an injury made worse by service if the injury—

a

was sustained before the member entered service and was recorded in the report of the medical examination when the member entered service,

b

was sustained before the member entered service but without the member's knowledge and the injury was not found at that examination, or

c

Death caused by service10

1

Subject to articles 11 and 12, benefit is payable in respect of a member or former member by reason of the death of the member or former member where—

a

the death was caused (wholly or partly) by service;

b

the cause of the death occurred on or after 6th April 2005; and

c

one of the conditions specified in paragraph (3) is satisfied.

2

Where the death is partly caused by service, benefit is only payable if service is the predominant cause of the death.

3

The conditions referred to in paragraph (1) are that the death—

a

occurred in service;

b

occurred within the period of 7 years beginning with the day on which service ends and was caused by—

i

an injury which was caused by service; or

ii

the worsening by service of an injury which existed before or arose during service and which was not caused by service; or

c

occurred more than 7 years after the day on which service ends and—

i

the death is caused by a late onset illness which was caused by service; or

ii

the predominant cause of the death is an injury for which an award of injury benefit has been made which gave rise to an entitlement within tariff levels 1 to 9 (inclusive).

F61

Benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or F68predominantly) by—

a

the use or effect of tobacco;

b

the consumption of alcohol;

c

the non-therapeutic use of drugs;

d

consensual sexual activity;

e

except where article 9 applies, events, experiences, exposures and activities occurring before the member or former member entered service;

f

an illness which is—

i

caused by a single gene defect or is predominantly hereditary in origin;

ii

a personality disorder;

iii

an endogenous infection; or

iv

an exogenous infection except where the infection is acquired in a non-temperate region and the person infected has been exposed to the infection in the course of service or where, in a temperate region, there has been an outbreak of the infection in service accommodation or a workplace; or

g

a self-inflicted injury whether or not causing death except where the self-inflicting of injury is a result of a mental illness caused by service.

F932

Where a person is in receipt of any retired pay, pension, allowance or other continuing benefit awarded under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 in respect of a disablement or death—

a

that disablement shall not be accepted as an injury, or worsening of injury, caused wholly or predominantly by service for the purposes of this Order;

b

that death shall not be accepted as caused wholly or predominantly by service for the purposes of this Order.

Modifications of provisions for members or former members of the reserve forces13

Schedule 2 has effect for the modification of certain provisions of this Order in relation to the reserve forces.

PART 3BENEFITS PAYABLE FOR INJURY

Interpretation of Part 314

In Part 3—

a

any reference to an amount specified in column (b) of Table 10 of the tariff means the amount specified in that column on whichever is the later of the day on which—

i

a claim for benefit is determined under article 51;

ii

a final decision is made under article 54;

iii

a decision of the Secretary of State is reconsidered under article 53 or revised under article 55, 56, 57 or 59; or

iv

a decision relating to benefit is revised by an appropriate tribunal, the Upper Tribunal, a Commissioner, or a court.

b

“relevant amount” has the meaning given in article 16(6), and any reference to a relevant amount applicable to a descriptor is to be construed accordingly.

c

“relevant percentage” means the percentage of guaranteed income payment payable determined in accordance with article 24(3) and (4).

Description of benefits - injury15

1

Benefits payable for injury are—

a

a lump sum;

b

a supplementary award;

c

a guaranteed income payment payable until death;

F7ca

armed forces independence payment;

d

a fast payment; and

e

medical expenses.

2

Schedule 3 has effect for the purpose of determining—

a

the descriptor;

b

the tariff level;

c

the amount of a lump sum;

d

the conditions relating to payment of a supplementary award; and

e

the amount of a supplementary award.

Subject to article 79(2), a person is only entitled to one guaranteed income payment regardless of the number of injuries which are sustained.

9

If a person has sustained more than one injury in separate incidents the guaranteed income payment which is payable is the highest such payment which has been awarded.

10

Guaranteed income payment is not payable until the day after the day on which the service of the member to whom it was awarded ends, and no such payment is payable in respect of any period before that day.

Amount of lump sum and supplementary award - general17

1

The amount payable for an injury is—

a

the relevant amount, or

b

a percentage of the relevant amount,

determined in accordance with articles 18 to 23, whichever is applicable to the case.

2

The total amount of lump sum and supplementary award payable for all injuries sustained in, or arising from, one incident is not to exceed the amount specified in column (b) of Table 10 of the tariff for an injury at tariff level 1.

3

Subject to article 25, where paragraph (4) applies no account is to be taken of a lump sum or supplementary award paid for an injury or injuries sustained in any other incident.

4

2

Each injury or injuries which is described by a separate descriptor is to be allocated to one of the body zones specified in paragraph (6).

3

The amount payable is to be calculated in accordance with article 21 or 22, whichever is applicable to the case.

4

Subject to paragraph (5), where one or more injuries described by one descriptor extend to more than one body zone the descriptor is to be allocated to the body zone predominantly affected by the injury.

5

Where benefit is payable for burns and is described by a descriptor in Table 1 of the tariff, the descriptor is to be allocated to the body zone which has the highest percentage of affected body surface area.

6

The body zones are as follows —

a

“head and neck” which includes injury to the brain, skull, face, jaw, organs of the mouth and nose, cervical bony and spinal structures and thyroid;

b

“torso” which includes injury to the abdomen, including wall, peritoneum and structural contents, bony pelvis, pelvic floor and structural contents, perineum and external male and female genitalia, bony thorax, chest wall, pleura and structural contents, thoracic, lumbar, sacral and coccygeal bony and spinal structures;

c

“upper and lower limbs” which includes—

i

injury to all structures from the shoulder, including scapula and clavicle, to the tips of hand digits (upper limbs);

ii

injury to the buttocks and groin, and from the head of the femur to the tips of toes (lower limbs);

d

“senses” which means an injury which is described by a descriptor in Table 7 of the tariff;

e

“mental health” which means an injury which is described by a descriptor in Table 3 of the tariff.

7

References to all the parts of the body in paragraph (6) include associated nerves, arteries, veins and lymphatic structures.

Amount where injury or injuries are described by two or more descriptors at tariff level 11 or above in more than one body zone21

1

This article applies where—

a

one or more injury which is described by more than one descriptor is sustained in or arises from one incident;

b

the descriptors of the injury or injuries relate to two or more body zones;

c

there is at least one descriptor which gives rise to an entitlement within tariff levels 1 to 11 in each of two or more body zones; and

d

“first descriptor” means the descriptor in relation to which the highest relevant amount would, but for this article, be payable,

b

where the same amount is payable for each of two descriptors one is the “first descriptor” and the other is to be the “second descriptor”,

and references to the second, third, fourth, fifth descriptor and subsequent descriptors are to be construed accordingly.

Recalculation of amount payable following award for additional injury23

1

This article applies where—

a

a claim for injury benefit (“the first claim”) has been determined and injury benefit awarded;

b

in the circumstances specified in paragraph (2) a further determination is made in relation to an injury sustained in the same incident, or an injury consequential to an injury sustained in that incident; and

c

the decision following the further determination—

i

changes a descriptor for an injury;

ii

awards an additional descriptor; or

iii

awards a supplementary award.

2

The circumstances referred to in paragraph (1)(b) are—

a

a further claim is made for injury benefit for another injury, or an injury consequential to an injury sustained in the same incident as the first claim; or

b

the decision on the first claim or the further claim is revised following a reconsideration under article 53, or a review under article 55, 56, 57 or 59.

3

Subject to paragraph (4), the amount of lump sum and any supplementary award payable following the further claim, reconsideration or review is to be re-determined in accordance with article 19, 21 or 22, whichever is applicable to the case.

4

Where the amount awarded following a re-determination of benefit payable for all injuries sustained in one incident, or consequential to an injury sustained in that incident is increased, account is to be taken of the amount of benefit already paid, and, subject to article 17(2), only the difference between an earlier award and a later award is payable.

the salary specified in paragraph (6)(b); or

b

the actual salary of the member on the day of the incident.

8

Up-rating a former member's salary for inflation for the purposes of determining “the relevant salary” under this article is to be carried out in accordance with article 73.

F9Award of armed forces independence payment24A

1

This article applies where the following conditions are satisfied—

a

the expenses of the owner arising out of the hire or hire–purchase agreement have been recovered following the return of the vehicle.

ii

guaranteed income payment ceases to be payable under the temporary award at the end of the period but no amount of benefit paid in accordance with that award is recoverable.

7

This paragraph applies where, after the date of a claim or application for review (referred to in paragraph (1)(a)(ii)) but before the determination of that claim or application, the Secretary of State has amended this Order, by including a descriptor in the tariff which describes the injury at the tariff level which the Secretary of State considers appropriate for that injury.

8

Where paragraph (7) applies the Secretary of State is to make a temporary award and immediately issue a decision making the temporary award permanent.

Fast payment27

1

A fast payment is to be made where the Secretary of State is satisfied that—

a

an injury has occurred during service and is caused by service; and

b

if a claim for injury benefit is made one or more of the injuries sustained will be described by a descriptor which gives rise to an entitlement within tariff levels 1 to 8.

2

The amount of the fast payment is to be the amount specified in column (b) of Table 10 of the tariff for an injury at tariff level 8.

3

Following a determination of a claim for injury benefit, account is to be taken of the fast payment and only the difference between the amount of the fast payment and the amount of injury benefit payable on determination of that claim is to be paid.

4

A decision under this article does not give rise to a right to a reconsideration under article 53.

5

In this article “determination of a claim for injury benefit” means the amount of injury benefit payable for all the injuries arising from the same incident in relation to which the claim for a fast payment has been made.

Medical expenses28

c

the person and the deceased were not prevented from marrying or forming a civil partnership; and

d

either the person was financially dependent on the deceased or they were financially interdependent.

Meaning of “eligible child”31

1

In this Order, “eligible child” in relation to a deceased member or former member, means—

a

a child or an adopted child of the deceased who meets any of the conditions specified in paragraph (2); and

b

any other child or young person who—

i

meets any of those conditions; and

ii

was financially dependent on the deceased on the day of death.

2

The conditions referred to in paragraph (1) are that the person—

a

is aged under 18;

b

is in full-time education or vocational training and is aged under 23; or

c

because of physical or mental impairment—

i

is, in the opinion of the Secretary of State, unable to engage in gainful employment; and

ii

was dependent on the deceased on day of the deceased's death.

Eligible child - further provisions32

1

Where a person ceases to be in full-time education and is aged under 19 on that day (“the relevant day”), the person is treated as being in such education until the first of the following days after the relevant day—

a

the second Monday in January;

b

the second Monday after Easter Monday;

c

the second Monday in September;

d

the day of the person's 19th birthday;

Nothing in paragraphs (2), (3) or (4) requires child's payment to be paid in respect of such a child during the break.

7

A person is no longer treated as an eligible child if a break referred to in paragraph (2), (3), (4) or (5) lasts for longer than the periods mentioned in those paragraphs.

Children born after the death of a member or former member33

1

A child who is born after the death of a member or a former member is only treated as an eligible child of that member if the child is born before the first anniversary of the death of the member or former member.

2

No child's payment is payable in respect of any period before the birth of such a child.

Amount of survivor's guaranteed income payment34

1

Subject to paragraph (6) the annual amount of survivor's guaranteed income payment is 60% of the base figure.

2

The base figure is calculated by multiplying the relevant salary by the relevant factor.

3

In this article—

a

“the relevant salary” is, subject to paragraph (4), the salary of the member on the date of death, or in the case of a former member, the salary on the day on which the member's service ends up-rated for inflation to the date of claim;

b

“the relevant factor” is the figure specified in column (b) of the Table set out in Schedule 4 in relation to the relevant age specified in column (a);

c

“the relevant age” is the age of the member or former member as the case may be on the date of death.

4

b

the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.

1

This article applies where, after the death of a member or former member—

a

a child's payment is paid in respect of one or more persons under this Part on the basis that they were eligible children at the date of the member's death and that there were then no other eligible children; and

b

subsequently it appears—

i

that a person in respect of whom such a payment has been paid was not then an eligible child;

ii

that a further person was then an eligible child; or

iii

that a child who was born after the member's death is an eligible child.

2

The Secretary of State may make such adjustments in the amount of the child's payment payable in respect of the eligible children as are required in view of the facts as they subsequently appear.

3

Paragraph (2) does not affect the Secretary of State's right to recover a payment or overpayment in any case where the Secretary of State considers it appropriate to do so.

Children entitled to three or more awards of child's payment38

1

This paragraph applies if, apart from this paragraph, child's payment would be payable in respect of the same child under article 29(1)(c) as a result of the death of more than two members or former members.

2

Child's payment is payable only in respect of the death of two members or former members.

3

The amount of child's payment is the total of the two payments which together result in the payment of the highest annual amount.

PART 5ADJUSTMENT AND CESSATION OF BENEFIT

Adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts39

1

This article applies where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which the person is also entitled to—

F71a

a pension under the AFPS 1975, the AFPS 2005, the AFPS 2015 or the Gurkha Pension Scheme (“a pension”); or

b

a payment under the Armed Forces Early Departure Payments Scheme Order 2005 M22F72or the Armed Forces Early Departure Payments Scheme Regulations 2014 (“a payment”).

2

Guaranteed income payment, the survivor's guaranteed income payment or the child's payment, as the case may be, is to be adjusted in accordance with paragraphs (3) or (4).

3

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

a

to a payment, or to a pension which is not an ill-health pension paid for the same injury for which the guaranteed income payment is paid, then the amount of the guaranteed income payment is reduced by 75% of the amount of that pension or payment;

b

to an ill-health pension which is 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 ill-health pension.

4

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

5

Where an amount of a pension or payment increases or decreases (including the commencement or cessation), after an award of benefit is made, the Secretary of State is to make such adjustments to the amount of guaranteed income payment, survivor's guaranteed income payment or child's payment as are required to satisfy the rules for the adjustment of benefit specified in this article.

6

In this article any reference to a pension, ill-health pension or a payment means the gross amount, irrespective of any commutation.

c

signed by or on behalf of the claimant; and

d

given or sent to the Service Personnel and Veterans Agency within the time specified in article 47, 48 or 49 whichever is applicable.

Cases where claims are not required45

1

Subject to paragraph (3), it is not a condition of entitlement to benefit that a claim be made for it where a member—

a

is discharged on medical grounds; or

b

dies whilst serving in the forces.

2

It is not a condition of entitlement to additional benefit that a claim be made, and article 46 does not apply in relation to these awards of benefit.

3

This paragraph applies where a member dies in the circumstances specified in paragraph (1) leaving an eligible child and either—

a

leaves no surviving spouse, civil partner or surviving adult dependant; or

b

the child is not living with the surviving spouse, civil partner or surviving adult dependant, as the case may be, on the date on which the member died.

4

Where paragraph (3) applies, it is a condition of entitlement to child's payment that a claim is made by or on behalf of the child.

5

Paragraph (1)(a) applies only to injury benefit for the injury which caused the member to be discharged on medical grounds and any injuries arising from that injury or from the same incident that caused that injury.

6

Paragraph (1)(b) applies only to death benefit.

Date of claim46

1

Subject to F21paragraph(3), the date on which a claim is made is the date on which it is received by the Service Personnel and Veterans Agency.

2

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where article 45(1) applies, the date of claim is to be treated as—

a

the day after the day on which the member is discharged on medical grounds; or

b

the day after the date of death of the member.

The decision and the reasons for the decision must—

a

be in writing;

b

be given or sent to the claimant; and

c

inform the claimant of any right that the claimant may have—

i

to a reconsideration of the decision under article 53; and

ii

to appeal that decision to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943 M26.

lower than the tariff level of the tariff awarded in the interim award, no further amount of benefit will be paid in accordance with the final decision, and no amount of benefit paid in accordance with the interim award is recoverable.

Where a person applies for a review under article 55 or 56 before the Secretary of State has determined a reconsideration under this article, the application for the review supersedes the application for reconsideration.

Finality of decisions54

1

Where the Secretary of State has made a final decision awarding benefit, there is to be no review of that decision except in the circumstances specified in articles 55, 56, 57, 58 and 59.

2

Where the Secretary of State has made a final decision which makes no award of benefit, there is to be no review of that decision except in the circumstances specified in article 59.

3

In this article, and subject to paragraph (4), a final decision is—

a

a decision under article 51;

b

a decision making a final award under article 52;

c

a decision revised by the Secretary of State under article 55, 56, 57, 58 or 59;

d

a decision made under article 55, 56, 57 or 59 which maintains the decision under review;

e

a decision revised by the Secretary of State following a reconsideration under article 53; or

f

a new decision which maintains the original decision following a reconsideration under article 53.

4

The decisions referred to in sub-paragraphs (a) to (d) are final decisions where there has been no application for reconsideration under article 53, or the time for such an application has expired.

Review - service termination55

1

This article applies where—

a

a person has been awarded injury benefit;

b

a decision in relation to injury benefit (“the injury benefit decision”) has been made within 7 years of the day the service of the member ends; and

c

the service of the member has ended.

2

Subject to paragraph (3), the Secretary of State must review an injury benefit decision, where an application for review made in accordance with paragraph (6) is given or sent to the Service Personnel and Veterans Agency.

3

Where a member has more than one period of service—

a

the time limit for an application for a review under this article, and

b

ii

article 53(5) applies,

and in either case the reconsideration has not been determined;

c

a decision in relation to injury benefit made by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court.

to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

6

The Secretary of State is to review an injury benefit decision under this article on one occasion only.

to a reconsideration of the decision under article 53; and

ii

to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

7

The Secretary of State is to review an injury benefit decision under this article on one occasion only.

Review - award of damages58

1

This article applies where—

a

the Secretary of State has made an award of benefit to a person;

b

the person has recovered damages in respect of the injury or death for which the award of benefit is payable; and

c

the Secretary of State is satisfied that benefit paid or payable under this Order has not been taken into account in the assessment of the damages.

2

On a review under this article the Secretary of State may revise a decision by decreasing the amount of the award, or so as to cancel the award of benefit.

3

The decision of the Secretary of State on a review under this article and the reasons for the decision must—

a

be in writing;

b

be given or sent to the claimant; and

c

inform the applicant of any right the applicant may have—

i

to a reconsideration of the decision under article 53; and

ii

to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

4

In this article “damages” has the meaning given in article 40(6) and (8).

be given or sent to the claimant; and

c

inform the applicant of any right the claimant may have—

i

to a reconsideration of the decision under article 53; and

ii

to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

Burden of proof60

1

Subject to the provisions of this article, the burden of proving any issue is on the claimant.

2

Where paragraph (3) applies there is a presumption in favour of the claimant unless the Secretary of State proves to the contrary.

3

This paragraph applies where—

a

a contemporary official record relating to a material fact which is relevant to deciding a condition for payment of benefit under Part 2 is missing; and

b

there is other reliable evidence to determine the material fact.

4

For the purpose of paragraph (3)—

a

“a contemporary official record” means a record, including an electronic record, held by the Secretary of State for Defence or the Defence Council;

b

“a material fact” need not be a decisive fact for the purpose of determining a claim under Part 2;

c

a record is missing where it has been—

i

lost and cannot be found after a diligent search; or

ii

destroyed.

Standard of proof61

The standard of proof applicable in any decision which is required to be made under this Order is the balance of probabilities.

Evidence62

1

For the purposes of determining any issue under this Order, the Secretary of State is to produce such medical or other records of a member or a former member (whether living or deceased), as are held by the Secretary of State for Defence or the Defence Council and are relevant to the issues to be decided.

2

The Secretary of State is to consider any evidence which appears to be relevant to the issues which are to be decided and is to determine those issues on that evidence.

3

Where any decision required to be made under this Order is, or includes, a decision involving a medical issue, that decision is to be made in accordance with generally accepted medical and scientific knowledge prevailing at the time the decision is made.

1

Where paragraph (2) applies, and subject to paragraph (3), the Secretary of State may suspend payment of benefit in whole or in part.

2

This paragraph applies where the Secretary of State is considering making an application for leave to appeal against the decision of an appropriate tribunal.

3

A direction that payment of benefit is to be suspended must be—

a

in writing; and

b

given or sent to the claimant within the relevant period.

4

If the Secretary of State does not make an application for leave to appeal within the relevant period the suspension is to cease.

5

Where a direction has been given under paragraph (3) and an application for leave to F28appeal is made the suspension may continue where—

a

leave to appeal is granted, until any subsequent appeal is determined;

b

an appropriate tribunal reviews its decision until that review has been determined; or

c

an application for leave to appeal is refused, if the Secretary of State makes a further application for leave to appeal in accordance with paragraph (6).

6

The application referred to in paragraph (5)(c) must be made to the Upper Tribunal or a Commissioner within a period of 1 month beginning with the date on which notice in writing of the decision of the appropriate tribunal refusing leave to appeal is received.

7

Where an application is made in accordance with paragraph (6) the suspension may continue until that application and any subsequent appeal is determined.

8

Where the appeal is determined and the case remitted for rehearing and determination by an appropriate tribunal, the appeal is not determined for the purposes of this article until the matter remitted for rehearing has been determined by the appropriate tribunal.

9

In this article “relevant period” means the period of 6 weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension – appeal from a decision of the Upper Tribunal, a Commissioner or a court67

1

Where paragraph (2) applies, and subject to paragraph (3), the Secretary of State may suspend payment of benefit in whole or in part.

2

This paragraph applies where the Secretary of State is considering making an application for leave to appeal against the decision of the Upper Tribunal or a Commissioner.

3

A direction that payment of benefit is to be suspended must be—

a

in writing; and

b

given or sent to the claimant within the relevant period.

4

If the Secretary of State does not make an application for leave to appeal within the relevant period the suspension is to cease.

5

Where direction has been given under paragraph (3) and an application for leave to appeal made, the suspension may continue where—

a

leave to appeal is granted, until any subsequent appeal is determined;

b

the Upper Tribunal reviews its decision until that review has been determined; or

c

leave to appeal is refused, if the Secretary of State makes a further application for leave to appeal in accordance with to paragraph (6).

6

The application referred to in paragraph (5)(c) must be made to the relevant appellate court within a period of 1 month beginning with the date on which notice in writing of the decision of the Upper Tribunal or a Commissioner refusing leave to appeal is received.

receive and deal with any sums payable to M under this Order; and

c

apply those sums for the benefit of M.

3

Where the Secretary of State has made an appointment under paragraph (1)—

a

the Secretary of State may at any time revoke it and make another appointment under paragraph (1); and

b

the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

4

The Secretary of State may, before appointing a person under paragraph (1), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the sums paid in respect of M.

PART 10UP-RATING

Annual up-rating of guaranteed income payment, survivor's guaranteed income payment and child's payment72

The annual amount of guaranteed income payment, survivor's guaranteed income payment or child's payment is to increase as if these payments were pensions eligible to be increased under the Pensions (Increase) Act 1971 M27.

Up-rating of relevant salary for the purposes of articles 24, 34 and 3673

1

This article applies where in the definition of “relevant salary” in articles 24(6)(b), 34(3)(a) and 36(9)(a), the salary of a former member is required to be up-rated for inflation.

2

The Secretary of State is to review the salary on the departure day, estimated in such manner as the Secretary of State thinks fit, to determine whether it would have retained its value in relation to the general level of prices obtaining in the United Kingdom on the payment date.

3

Where it appears to the Secretary of State that the general level of prices is greater on the payment date than it was on the departure day, the relevant salary is to be determined in accordance with paragraph (4).

4

The relevant salary is to be the amount of the former member's salary on the departure day increased by the percentage by which the general level of prices is greater on the payment date than it was on the departure day.

5

In this article—

a

“the departure day” means the day service ended or the date of death, whichever is applicable to the case;

b

“the payment date” means the date on which guaranteed income payment, survivor's guaranteed income payment or child' payment is paid for the first time.

6

This article does not apply to determining the actual salary of a former member for the purpose of article 24(7)(b), 34(4)(b) or 36(10)(b), whichever is applicable to the case.

the original decision determined that the injury was described by a descriptor in the AFCS 2005 in the table specified in column (b).

Additional benefit75

1

The Secretary of State is to award additional benefit for a qualifying injury and in respect of a death (where a claim for death benefit was determined and paid before 9th May 2011) in accordance with the provisions of this Part.

2

Additional benefits payable for a qualifying injury are—

a

a further lump sum benefit determined in accordance with article 78;

b

an additional guaranteed income payment determined in accordance with article 79; and

c

a guaranteed income payment for a specified injury determined in accordance with article 80.

3

Additional benefits payable in respect of death are—

a

an additional survivor's guaranteed income payment determined in accordance with article 81;

b

an additional child's payment determined in accordance with article 82; and

c

an additional bereavement grant determined in accordance with article 83.

Tariff level for a qualifying injury76

1

The tariff level for a qualifying injury which is not a specified injury is the tariff level determined in the original decision.

2

Where a qualifying injury is a specified injury the tariff level is to be determined in accordance with paragraph (3).

3

Where a specified injury is described by a descriptor which gives rise to an entitlement to a tariff level—

a

at a higher level than awarded in the original decision, the tariff level is to be the higher level;

b

at the same or a lower level as the original decision, the tariff level is to be the same as awarded in the original decision.

1

The Secretary of State is to award a further lump sum benefit in accordance with this article.

2

The amount of the further lump sum benefit is A – B where—

a

“A” is the amount of benefit that would have been awarded for a qualifying injury if that amount has been determined in accordance with paragraph (3):

b

“B” is the combined total of all previous awards of lump sum, additional multiple injury lump sum and additional lump sum applicable to the qualifying injury.

3

The amount of benefit is—

a

the relevant amount for a qualifying injury (determined in accordance with article 77(3)), or a percentage of that relevant amount; and

b

determined in accordance with articles 18 to 22 with the modifications specified in Schedule 6.

4

Only one award of further lump sum benefit is to be made for a qualifying injury.

5

The total amount payable under paragraph (2) is not, taking into account all previous awards of lump sum, additional lump sum and additional multiple injury lump sum applicable to the qualifying injury or injuries sustained in or arising from one incident, to exceed the amount specified in column (b) of Table 10 of the tariff for an injury at tariff level 1.

the date of the claim for injury benefit for the qualifying injury; and

b

ending with whichever is the later of the dates specified in paragraph (5).

the date of the former member's death; or

ii

8th May 2011.

the date of claim; and

b

ending with whichever is the earlier of the dates in paragraph (5).

the date of claim; and

b

ending with whichever is the earlier of the dates in paragraph (5).

7

Where an eligible child has been paid, or, in the case of paragraph (1)(b) was entitled to, child's payment for more than one period, an additional child's payment determined in accordance with this article is payable for each period.

Additional bereavement grant83

1

The Secretary of State is to award an additional bereavement grant (“an additional grant”) to a surviving spouse, civil partner or surviving adult dependant determined in accordance with this article.

2

An additional grant of £10,000 is payable where—

a

a member of the reserve forces who was not a member of a reserve forces pension scheme died in service on or after 6th April 2005 and before 3rd August 2010; or

b

a former member died on or after 6th April 2005 and a claim for benefit in respect of the death of the member was made before 3rd August 2010.

3

An additional grant of £20,000 is payable where a member—

a

died in service on or after 6th April 2005 and before 3rd January 2011;

b

was a member of the AFPS 1975; and

c

had held acting rank for less than 1 year on the date of death.

4

In the event that there is more than one surviving spouse entitled to the additional grant the amount payable to each surviving spouse is the amount specified in paragraph (2) or (3) divided by the number of surviving spouses so entitled at the death of the member or former member.

5

In this article a “reserve forces pension scheme” means the FTRSPS 2010, the NRRSPS or the RFPS 2005.

PART 12TRANSITIONAL PROVISIONS, REVOCATIONS AND SAVINGS

General84

1

Anything done or begun under a provision of the AFCS 2005 which has been re-enacted (with or without amendment) under this Order is to be treated as having been done or begun under the corresponding provision of this Order.

2

No award already made to or in respect of any person under the AFCS 2005 may by virtue only of the coming into force of this Order be re-assessed to that person's disadvantage.

article 45(2);

c

article 48(1); or

d

article 49(3).

Decisions made before 9th May 201186

1

Where paragraph (2) applies, and subject to article 88, the Secretary of State is to determine a reconsideration or review in accordance with this Order.

2

i

article 10 (injury and death benefits);

ii

Tables 1 to 9 of Schedule 4 (the tariff) .

b

disapply one or more of the following provisions in this Order in whole or in part—

i

article 5 (descriptor, further interpretation);

ii

article 11 (injury and death –exclusions);

iii

Part 11 (additional benefit);

iv

Tables 1 to 9 of Part 1 of Schedule 3 (tariff).

Time limit for application for reconsideration89

1

Subject to paragraph (2), the period for making an application for a reconsideration under article 53(3) in relation to a decision made before 9th May 2011 is 1 year starting from the date the decision was given or sent to the claimant.

2

The period of 1 year does not apply to an application for a reconsideration if the period of 3 months for making an application under article 45(1) of the AFCS 2005 expired before 9th May 2011.

Fast payment and medical expenses90

1

Article 27 (fast payment) applies only where an injury is sustained on or after 9th May 2011.

2

Where a former member whose service ended before 9th May 2011 applies for medical expenses under article 28, that article is to be construed in accordance with paragraph (3).

3

The condition in article 28(2)(b) is satisfied if the person becomes ordinarily resident outside the United Kingdom within 1 year starting with 9th May 2011, and paragraph (5) of that article is to be construed accordingly.

Review under article 55 (review – service termination)91

Article 55 applies only where a person's service in the forces ends on or after 9th May 2011.

to be determined in accordance with article 24;

b

to be adjusted in accordance with article 39(3); and

c

to commence on the day after the day on which the service of the member ends.

1

Subject to this article, the instruments specified in Schedule 7 are revoked.

2

The following provisions continue to have effect in relation to claims made before 9th May 2011 for the purpose of article 88(3)—

a

article 10 and Tables 1 to 9 of Schedule 4 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 M28 (“the 2005 Order”) relation to claims made before 29th June 2006;

b

articles 2 and 4 (amendment of article 10 of the 2005 Order) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 M29 (“the 2006 Order”) in respect of claims made on or after 30th June 2006 and before 9th May 2011;

c

article 18 (insertion of Tables 1 to 9 of Schedule 4 of the 2005 Order) of the 2006 Order in respect of claims made on or after 30th June 2006 and before 16th September 2008;

d

article 15 (amendments to Table 5 of the 2005 Order and transitional provisions) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008 M30 (“the 2008 No. 2 Order”) in relation to claims made on or after 8th February 2008 and before 16th September 2008;

e

article 3 (insertion of Tables 1 to 9 of Schedule 4 of the 2005 Order and transitional provisions) of the 2008 No. 2 Order in relation to claims made on or after 16th September 2008;

f

article 2 (amendment to Table 6 of Schedule 4 of the 2005 Order and transitional provisions) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009 M31in relation to claims made on or after 11th January 2010;

g

article 11 and the Schedule (amendments to Tables 1 to 9 of Schedule 4 of the 2005 Order), and article 12(1) and 12(2)(c) (transitional provisions) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 M32 in relation to claims made on or after 3rd August 2010.

3

Article 47 of the 2005 Order (review on discharge on medical grounds) continues to have effect where a member was discharged on medical grounds before 9th May 2011 for the same injury for which an award of injury benefit was made before the member was discharged.

Andrew RobathanParliamentary Under Secretary of StateMinistry of Defence

SCHEDULE 1MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

Article 2(1)

PART 1SUBSTANTIAL RELATIONSHIP

1

In deciding whether a relationship of a deceased member (“the deceased”) and the claimant is a substantial relationship, the Secretary of State is to have regard to—

a

any evidence which the claimant considers demonstrates that the relationship is substantial; and

b

must in particular have regard to the examples of the evidence specified in paragraph 2 which could, either alone or together, indicate that the relationship is substantial.

2

The evidence referred to in paragraph 1(b) is—

a

evidence of regular financial support of the claimant by the deceased;

b

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

i

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

ii

the claimant nominates the deceased as the principal beneficiary;

c

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;

d

evidence of a joint savings plan or joint investments of a substantial nature;

e

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

f

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

g

evidence that the deceased or the claimant had given the other a power of attorney;

h

evidence that the names of both the deceased and the claimant appeared on a lease or rental agreement, if they lived in rented accommodation;

i

evidence that the deceased and the claimant shared responsibility for children;

j

evidence of the length of the relationship.

PART 2EXCLUSIVE RELATIONSHIP

3

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.

SCHEDULE 2MODIFICATIONS FOR RESERVE FORCES

Article 13

Modification of article 2 (interpretation)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 M33;
“reservists' 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 the member during relevant service, but does not include—
1. a
  any award payable to a self-employed member of a reserve force in respect of the member's status as an employer;
2. b
  any amount payable to a reservist as a result of expenses incurred by the member during a period of relevant service; or
3. c
  any payments made into the member's civilian occupational pension scheme.

Modification of article 4 (definition of “salary”)2

1

For paragraph (1) of article 4 substitute 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 payable at the rate of a regular member of the forces who is of equivalent substantive rank, or acting rank, as the case may be, and seniority;
b
an amount which represents any reservist's award to which the member is entitled on the day the member leaves the service by virtue of being in relevant service on that day;
c
where the member is not in relevant service on the day the member leaves service, an amount which represents any reservist's award to which there would have been an entitlement had the member been in relevant service on that day; and
d
any other amount if and to the extent that the Defence Council have determined that it is to be treated as salary.

2

In article 4(2) for “(1)(b)” substitute “ (1)(d) ”.

Modification of article 11 (injury and death – exclusions relating to travel, sport and slipping or tripping)3

In article 11(10)(b) after “temporarily attached” insert “ for the purpose of service in the reserve forces. ”.

Modification of article 35 (amount of bereavement grant)4

Where death is caused wholly or partly by service in the reserve forces, for article 35 substitute the following article—

35
1
Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000.
2
Subject to paragraph (3), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500.
3
Where the person was an active member of the RFPS 2005 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the date of death and the amount specified in paragraph F30(1).
4
Where a former member of the reserve forces dies, the bereavement grant is £37,500.
5
In the event that there is more than one surviving spouse F31or eligible child entitled to the bereavement grant, the amount to which each such surviving spouse F31or eligible child is entitled is to be the amount payable, in accordance with the provisions of this article, divided by the number of spouses F32or eligible children so entitled at the date of death of the member or former member of the reserve forces.
F335A
In the case of a bereavement grant payable to an eligible child paragraph (5) applies only where at the time the grant is paid—
a
a claim for child's payment has been made by or on behalf of an eligible child; or
b
the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.
6
In this article—
a
“active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995 M34;
b
“reserve forces pension scheme” means the FTRSPS 2010, the NRPSPS or the RFPS 2005.

Modification of article 39 (adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts)5

For article 39 substitute the following article—

39
1
This article applies where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which the person is also entitled to—
a
a pension under the AFPS 1975, the AFPS 2005 F73, AFPS 2015 or the Gurkha Pension Scheme (“a pension”);
b
a payment under the Armed Forces Early Departure Payments Scheme Order 2005 (“a payment”) M35;
c
a pension under the FTRSPS 2010, the NRPSPS or the RFPS 2005 (“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”).
2
Guaranteed income payment, survivor's guaranteed income payment or child's payment, as the case may be, is adjusted in accordance with paragraphs (3) or (5).
3
Where a person is entitled to a guaranteed income payment for any period during which the person is also entitled to a pension or payment—
a
specified in paragraph (4)(a), the amount of guaranteed income payment is reduced by 75% of that pension or payment;
b
specified in paragraph (4)(b), the amount of guaranteed income payment is reduced by the full amount of that pension.
4
The pensions or payment referred to—
a
in paragraph (3)(a) are—
i
a pension or a reserve forces pension which is not an ill-health pension paid for the same injury for which guaranteed income payment is paid;
ii
a payment; or
iii
a civilian pension;
b
in paragraph (3)(b), are a pension or a reserve forces pension which is an ill-health pension paid for the same injury for which the guaranteed income payment is paid.
5
Where a person is entitled to a survivor's guaranteed income payment or a child's payment for any period during which the person is also entitled to a pension, specified in paragraph (1)(a), (c) or (d), then the amount of the survivor's guaranteed income payment or child's payment is reduced by 75 % of the amount of that pension.
6
Where an amount of a pension or payment specified in paragraph (1) increases or decreases (including commencement or cessation), after an award of benefit is made, the Secretary of State is to make such adjustments to the amount of guaranteed income payment, survivor's guaranteed income payment or child's payment as are required to satisfy the rules for the adjustment of benefit specified in this article.
7
In this article—
a
any reference to a pension, payment, reserve forces pension, civilian pension or ill-health pension means the gross amount, irrespective of any commutation;
b
“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 M36;
c
“personal pension scheme” means a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 established within section 154(1) of the Finance Act 2004 M37.

SCHEDULE 3THE TARIFF AND SUPPLEMENTARY AWARDS

Article 15(2)

PART 1DESCRIPTORS, TARIFF LEVELS AND AMOUNTS - “THE TARIFF”

Annotations:

Amendments (Textual)

F34

Sch. 3 Pt. 1 Table 1 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 3, Sch.

F74

Sch. 3 Pt. 1 Table 2 item A1 inserted (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 3(a)

F35

Word in Sch. 3 Pt. 1 Table 2 item 11 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(a)

F36

Words in Sch. 3 Pt. 1 Table 2 item 12 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(d)

F37

Word in Sch. 3 Pt. 1 Table 2 item 15 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(b)

F38

Words in Sch. 3 Pt. 1 Table 2 item 22 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(d)

F75

Sch. 3 Pt. 1 Table 2 item 22A inserted (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 3(b)

F76

Sch. 3 Pt. 1 Table 2 item 27 revoked (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 3(c)

F39

Word in Sch. 3 Pt. 1 Table 2 item 30 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(c)

F40

Words in Sch. 3 Pt. 1 Table 2 item 31 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(d)

F41

Words in Sch. 3 Pt. 1 Table 2 item 41 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(e)

F77

Sch. 3 Pt. 1 Table 2 item 55 substituted (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 3(d)

F42

Sch. 3 Pt. 1 Table 2 item 55B inserted (7.4.2014) "after item 55" by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 4(f)

F43

Sch. 3 Pt. 1 Table 2: item 55A inserted (21.7.2012) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 7(a)(i) (with art. 8)

F78

Sch. 3 Pt. 1 Table 2 item 65 substituted (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 3(e)

F44

Sch. 3 Pt. 1 Table 2: item 65A inserted (21.7.2012) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 7(a)(ii) (with art. 8)

F83

Words in Sch. 3 omitted (10.4.2017) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(2)(a)(i)

F79

Footnotes in Sch. 3 Pt. 1 Table 2 inserted (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 3(f)

F84

Words in Sch. 3 omitted (10.4.2017) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(2)(a)(ii)

F85

Words in Sch. 3 omitted (10.4.2017) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(2)(a)(iii)

F86

Words in Sch. 3 inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(2)(b)(i)

F87

Words in Sch. 3 inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(2)(b)(ii)

F45

Footnote to Sch. 3 Pt. 1 Table 3 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 5

F46

Sch. 3 Pt. 1 Table 4 item 1A inserted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 6(a)

F47

Word in Sch. 3 Pt. 1 Table 4 item 3 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 6(b)

F48

Words in footnote to Sch. 3 Pt. 1 Table 4 inserted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 6(c)

F49

Sch. 3 Pt. 1 Table 6 item 21A inserted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 7

F88

Words in Sch. 3 inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(3)

F50

Sch. 3 Pt. 1 Table 7: item 29A inserted (21.7.2012) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 7(b) (with art. 8)

F89

Words in Sch. 3 inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(4)

F51

Sch. 3 Pt. 1 Table 8: item 17 substituted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 9(1)(a) (with art. 10)

F52

Sch. 3 Pt. 1 Table 8: item 17A inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 9(1)(b)(ii) (with art. 10)

F63

Sch. 3 Pt. 1 Table 8: words in item 35 substituted (6.4.2015) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015 (S.I. 2015/413), arts. 1(1), 9

F53

Footnote to Sch. 3 Pt. 1 Table 8 inserted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 8

F80

Footnote in Sch. 3 Pt. 8 inserted (31.5.2016) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2016 (S.I. 2016/557), arts. 1(1), 4

F54

Sch. 3 Pt. 1 Table 9: words in item 2 inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 9(1)(c)(i) (with art. 10)

F90

Words in Sch. 3 Pt. 1 Table 9 item 2 inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(5)(a)

F55

Sch. 3 Pt. 1 Table 9 item 2A substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 9(a)

F56

Word in Sch. 3 Pt. 1 Table 9 item 4 inserted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 9(b)

F64

Sch. 3 Pt. 1 Table 9: item 5A inserted (6.4.2015) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015 (S.I. 2015/413), arts. 1(1), 10(a)

F65

Sch. 3 Pt. 1 Table 9: item 13 substituted (6.4.2015) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015 (S.I. 2015/413), arts. 1(1), 10(b)

F66

Sch. 3 Pt. 1 Table 9: item 14 substituted (6.4.2015) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015 (S.I. 2015/413), arts. 1(1), 10(c)

F57

Sch. 3 Pt. 1 Table 9: item 16A inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 9(1)(c)(ii) (with art. 10)

F91

Sch. 3 Pt. 1 Table 9 item 16B inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(5)(b)

F58

Sch. 3 Pt. 1 Table 9 item 25 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 9(c)

F59

Sch. 3 Pt. 1 Table 9: word in item 27 inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 9(1)(c)(iii) (with art. 10)

F92

Sch. 3 Pt. 1 Table 9 item 27A inserted (10.4.2017) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 (S.I. 2017/247), arts. 1, 9(5)(c)

F60

Sch. 3 Pt. 1 Table 9: word in item 38 omitted (17.11.2011) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 9(1)(c)(iv) (with art. 10)

F61

Footnote to Sch. 3 Pt. 1 Table 9 substituted (7.4.2014) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2014 (S.I. 2014/412), arts. 1(1), 9(d)

Marginal Citations

M38

World Health Organisation, Geneva, 10^th Revision 1992.

F34Table 1 – Burns(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
1	4	Burns, with partial, deep or full thickness burns affecting 70% or more of whole body surface area.
2	5	Burns, with partial, deep or full thickness burns affecting 50 to 69.9% of whole body surface area.
3	5	Burns, with partial, deep 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 result despite treatment and camouflage.
4	6	Burns, with partial, deep or full thickness burns affecting 15 to 49.9% of whole body surface area.
5	7	Burns, with partial, deep or full thickness burns to the face or face and neck resulting in, or expected to result in, residual scarring and poor cosmetic result despite treatment and camouflage.
6	8	Burns, with partial, deep or full thickness burns affecting 9 to 14.9% of whole body surface area.
7	9	Burns, with partial, deep or full thickness burns to face or face and neck resulting in, or expected to result in, residual scarring and satisfactory cosmetic result with camouflage.
8	11	Burns, with partial, deep or full thickness burns affecting 4.5 to 8.9% of whole body surface area.
9	12	Burns, with partial, deep or full thickness burns affecting less than 4.5 of whole body surface area.
10	12	Burns, with superficial burns affecting more than 15% of whole body surface area.
11	13	Burns, with superficial burns to the face or face and neck.
12	14	Burns, with superficial burns affecting 4.5 to 15% of whole body surface area.
13	15	Burns, with superficial burns affecting 1 to 4.4% 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 partial, deep or full thickness burns include compensation for actual or expected metabolic or cardiovascular consequences.

Table 2 - Injury, Wounds and Scarring(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
F74A1	2	Bilateral complex injury to both upper limbs including hand on only one side and only from above elbow on the other, causing permanent total or virtually total functional limitation or restriction.
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 or 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 or 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 or restriction.
5	6	Complex injury to chest, with complications, causing permanent significant functional limitation or 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 or 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 or restriction.
8	7	Injury to chest, with complications, causing permanent significant functional limitation or restriction.
9	7	Complex injury to chest causing permanent significant functional limitation or restriction.
10	7	Complex injury to abdomen, including pelvis or perineum, or both, with complications, causing permanent significant functional limitation or restriction.
11	F356	Severe facial lacerations including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, which have required, or are expected to require, operative treatment, but with poor cosmetic result despite camouflage.
12	7	F36High energy transfer gunshot wound, deeply penetrating missile fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to bone, soft tissue structures and vascular or neurological structures of the head and neck, torso or limb, with complications, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation or restriction.
13	8	Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation or restriction.
14	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 or restriction.
15	F377	Severe facial lacerations which have required, or are expected to require, operative treatment, but with poor cosmetic result despite camouflage.
16	8	Injury to abdomen, including pelvis or perineum, or both, with complications, causing permanent significant functional limitation or restriction.
17	8	Complex injury to abdomen, including pelvis or perineum, or both, causing permanent significant functional limitation or restriction.
18	8	Injury to chest, causing permanent significant functional limitation or restriction.
19	9	Injury to abdomen, including pelvis or perineum, or both, causing permanent significant functional limitation or restriction.
20	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 or restriction.
21	9	Complex injury covering all or most of the hand, with complications, causing permanent significant functional limitation or restriction.
22	9	F38High energy transfer gunshot wound, deeply penetrating missile fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures and vascular or neurological structures of the head and neck, torso or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation or restriction.
F7522A	9	Non-freezing cold injury in the feet, hands or both, with small fibre neuropathy diagnosed clinically and by appropriate tests with continuing neuropathic pain and severely compromised mobility or dexterity beyond 26 weeks.
23	10	Severe facial lacerations which have required, or are expected to require, operative treatment with a good cosmetic result with camouflage.
24	10	Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
25	10	Complex injury to chest, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
26	10	Complex injury covering all or most of the foot, with complications, causing permanent significant functional limitation or restriction.
F7627	. . .	. . .
28	11	Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
29	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.
30	F3910	Severe facial scarring which produces a poor cosmetic result despite camouflage.
31	11	F40High energy transfer gunshot wound, deeply penetrating missile fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures of the head and neck, torso or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation or restriction.
32	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, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
33	11	Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
34	11	Complex injury to chest, which has caused or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
35	11	Complex injury to abdomen, including pelvis or perineum, or both, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
36	11	Complex injury covering all or most of the hand, with complications, which has caused or is expected to cause significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
37	12	Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
38	12	Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result.
39	12	Injury to chest, with complications, which has caused or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
40	12	Injury covering all or most of the area from thigh to ankle or shoulder to wrist, which has caused or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
41	12	F41High energy transfer gunshot wound, deeply penetrating missile fragmentation or other penetrating injury (or all or any combination of these) to the head and neck, torso or limb which have required, or are expected to require, operative treatment with substantial functional recovery.
42	12	Traumatic injury to external genitalia requiring treatment resulting in severe permanent damage or loss.
43	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, which has caused, or is expected to cause significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
44	12	Complex injury to abdomen, including pelvis or perineum, or both, which has caused or is expected to cause significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
45	12	Complex injury covering all or most of the foot, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
46	13	Injury to abdomen, including pelvis or perineum, or both, with complications, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
47	13	Injury to all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
48	13	Injury to chest, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with a substantial recovery beyond that date.
49	13	Moderate facial scarring where camouflage produces a good cosmetic result.
50	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.
51	13	Traumatic tension or open pneumothorax.
52	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.
53	13	Fractured tooth which has required, or is expected to require, root resection.
54	13	Loss of two or more front teeth.
F7755	13	Non-freezing cold injury which has caused neuropathic pain in the feet, hands or both, with significant functional limitation or restriction at 26 weeks and substantial recovery beyond that time. Continuing cold sensitivity may be present beyond 26 weeks.¹
F4255B	13	Blunt trauma resulting in soft tissue injury to head and neck, torso or limb, which has required, or is expected to require, operative treatment.
F4355A	13	Freezing cold injury including skin, nail and soft tissue damage, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial resolution of symptoms beyond that date.
56	14	Injury to abdomen including pelvis or perineum, or both, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date.
57	14	Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result.
58	14	Minor facial scarring.
59	14	Flesh wound which has required, or is expected to require, operative treatment.
60	14	Traumatic injury to external genitalia requiring treatment resulting in moderate permanent damage.
61	14	Damage to one front tooth which has required, or is expected to require, a crown or root canal surgery.
62	14	Damage to two or more teeth other than front which have required, or are expected to require, crowns or root canal surgery.
63	14	Loss of one front tooth.
64	14	Loss of two or more teeth other than front.
F7865	14	Non-freezing cold injury which has caused pain in the feet, hands or both, with functional limitation or restriction at 6 weeks and substantial recovery by 12 weeks. Continuing cold sensitivity may be present beyond 12 weeks.^a
F4465A	14	Freezing cold injury including skin, nail and soft tissue damage, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, with substantial resolution of symptoms beyond that date.
66	15	Minor scarring of scalp, neck, torso or limbs.
67	15	Injury to abdomen, including pelvis, or both, which has caused, or is expected to cause significant functional limitation or restriction at 13 weeks, with substantial recovery within 26 weeks.
68	15	Shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb not requiring operative treatment.
(*) When applied to a limb injury 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 a limb injury 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 a limb injury, 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.
(*) When applied to an injury to the torso 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, major nerves, diaphragm, chest or abdominal wall, pelvic floor, liver, pancreas, kidneys, bladder, spleen or ovaries.
(*) When applied to an injury to the torso 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.
(*) When applied to an injury in this Table, the term “torso” means any part of the chest, back or abdomen including pelvis and perineum.
(*) When applied to any injury, the expression “vital structures” includes major nerve or blood vessels.
(*) An award for injury to a limb or the torso includes compensation for related scarring and damage to, or removal of structures (including skin, subcutaneous tissue, muscle, bone, tendons, ligaments, blood vessels, lymphatics and nerves).
F83. . .
F79(*) Neuropathic pain is pain initiated or caused by a primary lesion or disorder of the nervous system.
F84. . .
F85. . .
F86(*) A non-freezing cold injury under item 22A must be diagnosed by a non-treating consultant neurologist.
F87(*) A descriptor for a freezing cold injury or a non-freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities.

Table 3 - Mental disorders(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
1	6	Permanent mental disorder, causing severe functional limitation or restriction.^(a)
2	8	Permanent mental disorder, causing moderate functional limitation or restriction.^(b)
3	10	Mental disorder, causing functional limitation or 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 or 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 or 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 or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
(*) In assessing functional limitation or restriction in accordance with article 5(6) account is to be taken of the claimant's psychological, social and occupational function.
F45(*) Mental disorders must be diagnosed by a clinical psychologist or psychiatrist at consultant grade.”
^(a) Functional limitation or restriction is severe where the claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness and over time able to work only in less demanding jobs.
^(b) Functional limitation or restriction is moderate where the claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness but able to work regularly in a less demanding job.

Table 4 - Physical disorders – illnesses and infectious diseases(*)

Item	Column (a)	Column (b)
	Level	Description of physical disorder and its effects (“descriptor”)
1	6	Physical disorder causing severe functional limitation or restriction where life expectancy is less than 5 years.
F461A	6	Physical disorder causing permanent very severe functional limitation or restriction.
2	7	Physical disorder causing severe functional limitation or restriction where life expectancy is reduced, but is more than 5 years.
3	F478	Physical disorder causing permanent severe functional limitation or restriction.
4	11	Physical disorder which has caused, or is expected to cause, severe functional limitation or restriction at 26 weeks from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
5	11	Physical disorder causing permanent moderate functional limitation or restriction.
6	12	Permanent physical disorder where symptoms and functional effects are well controlled by regular medication.
7	13	Physical disorder which has caused, or is expected to cause, severe functional limitation or 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 or 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 or 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 or 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 or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
() This Table relates to diseases and related physical health problems included in the World Health Organisation International Classification of Diseases and Related Health Problems M38. Mental and behavioural disorders and traumatic and accidental physical injuries are excluded. F48() Permanent functional limitation or restriction is very severe when the claimant is unable to undertake work appropriate to experience, qualifications and skills, following best practice treatment, and at best thereafter is able to undertake work only sporadically and in physically undemanding jobs. (*) Permanent functional limitation or restriction is severe where the claimant is unable to undertake work appropriate to experience, qualifications or skills at the time of onset of the disorder and over time able to work in only physically less demanding jobs.

Table 5 - Amputations(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
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 (above or below knee) or both arms (above or below elbow).
4	1	Loss of both arms where one loss is a shoulder disarticulation or forequarter loss, and the loss of the other arm is at any level.¹
5	1	Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below knee).
6	1	Loss of one arm, above or below elbow, and one leg, above or below knee, with total loss of use of another limb due to traumatic injury involving vital structures.²
7	2	Loss of both arms where one loss is at or above elbow (trans-humeral or elbow disarticulation) and the loss of the other arm is at, above or below elbow.
8	2	Loss of one arm above elbow (shoulder disarticulation or forequarter).¹
9	2	Loss of both legs where one loss is at hip disarticulation or hindquarter loss, and the loss of the other leg is at any level.¹
10	2	Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow).
11	3	Loss of both arms below elbow (trans-radial).
12	3	Loss of both legs where one loss is at or above knee (trans-femoral or knee disarticulation) and the loss of the other is at any level.
13	3	Loss of one leg above knee (hip disarticulation or hemipelvectomy).¹
14	4	Loss of one arm at or above elbow (trans-humeral or elbow disarticulation).
15	4	Loss of both legs below knee (trans-tibial).
16	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.
17	5	Loss of one arm below elbow (trans-radial).
18	5	Loss of one leg at or above knee (trans-femoral or knee disarticulation).
19	5	Loss of both feet at ankle distal to the calcaneum.
20	6	Loss of one leg below knee (trans-tibial).
21	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.
22	7	Loss of both thumbs.
23	8	Loss of one foot at ankle distal to the calcaneum.
24	10	Loss of both great toes.
25	10	Loss of thumb.
26	10	Loss of both index fingers.
27	10	Loss of two or more fingers, other than thumb or index finger, from each hand.
28	10	Partial loss of thumb and index finger from each hand.
29	11	Loss of two or more fingers, other than thumb or index finger, from one hand.
30	12	Loss of great toe.
31	12	Loss of two or more toes, other than great toe, from each foot.
32	12	Loss of index finger from one hand.
33	12	Partial loss of thumb and index finger from one hand.
34	12	Partial loss of two or more fingers, other than thumb or index finger, from each hand.
35	12	Loss of one finger, other than thumb or index finger, from each hand.
36	12	Partial loss of thumb or index finger from each hand.
37	12	Persistent phantom limb pain.
38	12	Stump neuroma with trigger point stump pain.
39	13	Loss of two or more toes, other than great toe, from one foot.
40	13	Partial loss of each great toe.
41	13	Partial loss of one finger, other than thumb or index finger, from each hand.
42	13	Loss of one finger, other than thumb or index finger, from one hand.
43	13	Partial loss of two or more fingers, other than thumb or index finger, from one hand.
44	13	Partial loss of thumb or index finger from one hand.
45	14	Partial loss of great toe from one foot.
46	14	Loss of one toe, other than great toe, from each foot.
47	14	Partial loss of one finger, other than thumb or index finger, from one hand.
48	14	Partial loss of two or more toes, other than great toe, from one foot.
49	15	Loss of one toe, other than great toe, from one foot.
(*) Loss of one or both legs below knee includes loss of foot with loss of all or part of calcaneum (heel).
(*) 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.
¹ These descriptors also apply to circumstances where stump length or condition precludes satisfactory fitting of prosthesis.
² “Total loss of use of another limb” means the total loss of the physical capacity or power to carry out its expected functions as compared with a normal healthy person of the same age and sex.

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

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)

1	1	Cervical spinal cord injury where the claimant requires ventilatory support and there is complete tetraparesis.
2	1	Cervical spinal cord injury with minimal upper limb function and complete or near complete paraparesis.
3	1	Complete brachial plexus injury with avulsion of the roots from the spinal cord, resulting in complete flaccid paralysis and sensory loss, with persistent severe central pain.
4	1	Brain injury with persistent vegetative state.
5	1	Brain injury resulting in major loss or limitation of responsiveness to the environment, including absence or severe impairment of language function, and a requirement for regular professional nursing care.
6	2	Cervical spinal cord injury with some useful upper limb function and complete or near complete paraparesis.
7	2	Thoracic spinal cord injury with complete paraparesis.
8	2	Injury to conus medullaris or cauda equina giving rise to complete paraparesis.
9	2	Complete brachial plexus injury with avulsion of the roots from the spinal cord, resulting in complete flaccid paralysis and sensory loss, without persistent severe central pain.
10	2	Partial brachial plexus injury in which spontaneous recovery or operative treatment has led to some restoration of useful function in the arm at the shoulder and elbow, but with no restoration of useful function in the hand.
11	2	Brain injury where the claimant has some limitation of response to the environment; substantial physical and sensory problems; and one or more of cognitive, personality or behavioural problems, requiring some professional nursing care and likely to require considerable regular support from other health professionals.
12	3	Injury to conus medullaris or cauda equina giving rise to partial paraparesis or severe monoparesis.
13	3	Thoracic spinal cord injury with partial paraparesis.
14	4	Injury to conus medullaris or cauda equina giving rise to partial asymmetric paraparesis.
15	4	Uncontrolled post head injury epilepsy.
16	4	Traumatic spinal injury with partial spinal cord, conus or cauda equina damage causing paraparesis of upper or lower limbs, or both, with some recovery and restoration of upper limb motor and sensory function, but no useful manual dexterity or ability to walk.
17	4	Brain injury where the claimant has moderate physical or sensory problems; one or more of cognitive, personality or behavioural problems and requires regular help from others with activities of everyday living, but not professional nursing care or regular help from other health professionals.
18	5	Partial brachial plexus injury in which spontaneous improvement or operative treatment has led to restoration of some useful function in the arm and hand.
19	5	Hemiplegia.
20	6	Injury to conus medullaris or cauda equina giving rise to partial monoparesis.
21	7	Traumatic spinal injury resulting in partial paresis of lower or upper limbs, or both, with substantial recovery, restoration of lower and upper limb motor and sensory function, including a useful ability to walk.
F4921A	7	Brain injury, with substantial recovery of sensory and cognitive function, some useful recovery of upper and/or lower limb motor and sensory function, but with some residual motor deficit in upper or lower limbs or both.
22	8	Brain injury from which the claimant has made a substantial recovery and is able to undertake some form of employment and social life, has no major physical or sensory deficits, but one or more of residual cognitive deficit, behavioural change or change in personality.¹
23	8	Mild brachial plexus injury with substantial recovery of arm and hand function resulting in good restoration of manual dexterity.
24	9	Permanent isolated damage to one cranial nerve.
25	10	Permanent foot or wrist drop.
26	11	Minor traumatic head injury which has caused, or is expected to cause, functionally limiting or restricting post traumatic syndrome for more than 52 weeks.²
27	11	Brain or traumatic head injury with persistent balance symptoms and other functionally limiting neurological damage including permanent sensorineural hearing loss of less than 50dB averaged over 1, 2 and 3kHz.
F8827A	11	Intra-cerebral haematoma requiring or expected to require decompressive surgery and interval cranioplasty but with poor cosmetic result.
28	12	Cerebral infarction due to vascular injury in the neck, resulting in persisting impairment of function and restriction of activities.
29	12	Controlled post head injury epilepsy.
30	12	Permanent substantial peripheral motor sensory or autonomic nerve damage.
31	12	Entrapment neuropathy which has not responded to treatment.
32	13	Permanent facial numbness including lip.
33	13	Entrapment neuropathy which has responded, or is expected to respond, to treatment.
34	13	Minor traumatic 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.
35	14	Permanent facial numbness which does not include the lip.
36	15	Permanent minor peripheral sensory nerve damage.
(*) An award for brain injury in levels 1, 2 or 4 includes compensation for associated sexual dysfunction, incontinence of the bowel and bladder, and epilepsy.
(*) An award for a spinal injury including a spinal cord, conus medullaris or cauda equina injury, complete or partial, at any tariff level, includes compensation for associated sexual dysfunction and incontinence of the bowel and bladder.
(*) The descriptors for a brachial plexus injury are for a unilateral injury.
¹ The claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness, but able to work regularly in a less demanding job.
² The diagnosis and prognosis of post traumatic syndrome must be determined by a consultant neurologist.

Table 7-senses(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
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	2	Total deafness in both ears.
6	5	Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36.
7	5	Blast injury to ears or acute acoustic trauma due to impulse noise with permanent bilateral sensorineural hearing loss of more than 75dB averaged over 1, 2 and 3kHz.
8	6	Severe binocular visual field loss.
9	6	Blast injury to ears or acute acoustic trauma due to impulse noise with permanent sensorineural hearing loss of 50-75dB averaged over 1, 2 and 3kHz in one ear and more than 75dB loss averaged over 1, 2 and 3kHz in the other.
10	6	Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz.¹
11	7	Blast injury to ears or acute acoustic trauma due to impulse noise with permanent bilateral sensorineural hearing loss of 50-75dB averaged over 1, 2 and 3kHz.
12	8	Total deafness in one ear.
13	8	Bilateral permanent hearing loss of 50-75dB averaged over 1, 2 and 3kHz.¹
14	8	Loss of one eye or total blindness in one eye.
15	9	Partial loss of vision where visual acuity is correctable to 6/60.
16	9	Permanent and inoperable cataracts in both eyes.
17	10	Partial loss of vision where visual acuity is correctable to better than 6/60 and at least 6/36.
18	10	Detached retina in both eyes.
19	10	Blast injury to ears or acute acoustic trauma due to impulse noise with permanent sensorineural hearing loss in one ear of more than 75dB averaged over 1, 2 and 3kHz.
20	10	Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear of more than 75dB averaged over 1, 2 and 3kHz.
21	11	Partial loss of vision where visual acuity is correctable to better than 6/36 and at least 6/18.
22	11	Blast injury to ears or acute acoustic trauma due to impulse noise with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3kHz.
23	11	Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3kHz.
24	12	Partial loss of vision where visual acuity is correctable to better than 6/18 and at least 6/12.
25	12	Permanent and inoperable cataract in one eye.
26	12	Operable cataracts in both eyes.
27	12	Moderate binocular visual field loss.
28	12	Detached retina in one eye.
29	12	Secondary glaucoma.
F5029A	12	Traumatic uveitis.
F8929B	12	Post head injury hyposmia or anosmia.
30	13	Significant penetrating, or blunt injury, to both eyes.
31	13	Retinal damage (not detached) to both eyes.
32	13	Partial loss of vision where visual acuity is correctable to better than 6/12.
33	13	Dislocation of lens in one eye.
34	13	Degeneration of optic nerve in both eyes.
35	13	Permanent diplopia.
36	13	Blast injury to ears or acute acoustic trauma due to impulse noise.
37	13	Acute physical trauma to ear causing conductive or permanent sensorineural hearing loss in one ear.
38	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.
39	14	Operable cataract in one eye.
40	14	Corneal abrasions in both eyes.
41	14	Hyphaema in both eyes which has required, or is expected to require, operative treatment.
42	14	Retinal damage (not detached) in one eye.
43	14	Significant penetrating, or blunt, injury in one eye.
44	14	Degeneration of optic nerve in one eye.
45	14	Slight binocular visual field loss.
46	14	Traumatic mydriasis.
47	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.
48	15	Corneal abrasions in one eye.
49	15	Hyphaema in one eye which has required, or is expected to require, operative treatment.
(*) For the purposes of this table 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; “Total blindness in one eye” means that the claimant must have been diagnosed by an accredited medical specialist as having 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 3kHz, as measured by appropriately calibrated equipment meeting British Standards, operated by trained staff, 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 3kHz as measured by appropriately calibrated equipment meeting British Standards, operated by trained staff, and using quality assured pure tone audiometry.
(*) All awards for hearing loss, including blast injury to ears and acute acoustic trauma, include compensation for associated tinnitus, and no separate award is payable for tinnitus alone.
(*) Degree of visual field loss must be assessed by reference to an accredited specialist physician report which includes reasons.
¹ These descriptors apply to bilateral hearing loss caused otherwise than by blast injury or acute acoustic trauma due to impulse noise.

Table 8-Fractures and dislocations(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
1	9	Fracture of one femur, tibia, humerus, radius or ulna, with complications, causing permanent significant functional limitation or restriction.
2	9	Fracture or dislocation of one hip, knee, ankle, shoulder, elbow, or wrist, which has required, or is expected to require, arthrodesis, osteotomy or total joint replacement.
3	10	Fractured heels of both feet causing permanent significant functional limitation or restriction.
4	10	Fractures or dislocations of both hips, both knees, both ankles, both shoulders, both elbows or both wrists causing permanent significant functional limitation or restriction.
5	10	Multiple face fractures causing permanent significant cosmetic effect and functional limitation or restriction despite treatment.
6	11	Fractures or dislocations of both hips, both knees, both ankles, both shoulders, both elbows or both wrists which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
7	11	Fractured heel of one foot causing permanent significant functional limitation or restriction.
8	11	Fractured heel of both feet which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
9	11	Fracture of pelvis which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
10	11	Fracture or dislocation of great toe of both feet, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
11	11	Fractured tarsal bones of both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
12	11	Fractures of both femurs, both tibiae, both humeri, both radii or both ulnae which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
13	11	Fracture of one femur, tibia, humerus, radius or ulna causing permanent significant functional limitation or restriction.
14	11	Fracture of one femur, tibia, humerus, radius or ulna, with complications, which has caused, or is expected to cause, significant functional limitation or restriction beyond 52 weeks.
15	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.
16	11	Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist causing permanent significant functional limitation or restriction.
F5117	11	Shoulder joint instability which has required or is expected to require operative treatment with permanent significant functional limitation or restriction.
F5217A	12	Shoulder joint instability which has required or is expected to require operative treatment with substantial recovery.
18	12	Fracture of one femur, tibia, humerus, radius or ulna, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
19	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 or restriction beyond 26 weeks.
20	12	Fracture of both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
21	12	Fractures of both clavicles, or both scapulae, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
22	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.
23	12	Fracture or dislocation of thumb of both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
24	12	Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
25	12	Fracture or dislocation of index finger on both hands which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
26	12	Fracture or dislocation of great toe on one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
27	12	Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
28	12	Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
29	12	Fractured heel of both feet from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
30	12	Fractured or dislocated patella on both knees which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
31	12	Fractured metatarsal bones on both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
32	12	Fractures of both femurs, both tibiae, both humeri, both radii or both ulnae, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
33	12	Depressed skull fracture requiring operative treatment.
34	13	Fractured tarsal or metatarsal bones on both feet from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
35	13	F63Fracture or dislocation of metatarsal bones on one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
36	13	Fracture or dislocation of great toe of both feet from which the claimant has made or is expected to make a substantial recovery within 26 weeks.
37	13	Fracture of one femur, tibia, humerus, radius or ulna from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
38	13	Fracture of skull with intracranial, extracerebral haematoma that has not required evacuation.
39	13	Fracture of ethmoid which has required or is expected to require operative treatment.
40	13	Fracture of zygoma which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
41	13	Fracture or dislocation of one hip, knee, ankle, shoulder, elbow or wrist from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
42	13	Fracture of one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
43	13	Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
44	13	Fracture of both hands from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
45	13	Blow-out fracture of orbit which has required, or is expected to require, operative treatment.
46	13	Dislocated jaw which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
47	13	Fracture of one scapula or one clavicle which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
48	13	Fracture of both clavicles or both scapulae from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
49	13	Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
50	13	Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks.
51	13	Subluxed dislocated acromio or sterno-clavicular joint, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
52	13	Fractures or dislocations of two or more toes, other than great, of both feet which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
53	13	Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
54	13	Fracture or dislocation of thumb of both hands which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
55	13	Fractures or dislocations of index finger on both hands, which have caused, or are expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
56	13	Fractures or dislocations of two or more fingers, other than index, on both hands, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
57	13	Fracture or dislocation of index finger on one hand which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
58	13	Fractured or dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks.
59	13	Shoulder joint instability not requiring operative treatment.
60	14	Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
61	14	Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
62	14	Fractured ethmoid which has not, or is not expected to require, operative treatment.
63	14	Fracture of mandible or maxilla from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
64	14	Fracture of one hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
65	14	Deviated nasal septum requiring corrective surgery.
66	14	Displaced fracture of nasal bones.
67	14	Simple skull fracture.
68	14	Fractured fibula which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
69	14	Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks, 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 one hand, which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
71	14	Fracture or dislocation of one finger, other than index, on both hands, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
72	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 or restriction beyond 26 weeks.
73	14	Fractures or dislocations of two or more fingers, other than index, on both hands which have caused, or are expected to cause, significant functional limitation or restriction beyond 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
74	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 or restriction beyond 26 weeks.
75	14	Fractures or dislocations of one toe other than great toe, on both feet, which have caused, or are expected to cause, significant functional limitation or restriction beyond 26 weeks.
76	14	Fractures or dislocations 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.
77	14	Fracture or dislocation of great toe on one foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
78	14	Fracture or dislocation of index finger on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
79	14	Fracture or dislocation of thumb on both hands, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
80	14	Subluxed dislocated acromio or sterno-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
81	14	Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
82	14	Fracture of clavicle or scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
83	14	Fracture of sternum from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
84	14	Fractured tarsal or metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation or restriction at 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
85	14	Fractured or dislocated patella of both knees which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
86	14	Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks.
87	15	Fracture of mastoid.
88	15	Undisplaced fracture of nasal bones.
89	15	Deviated nasal septum which has not required, or is not expected to require, operative treatment.
90	15	Fractured or dislocated patella of one knee which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
91	15	Fracture of three or more ribs.
92	15	Fractures or dislocations of two or more toes, on one foot, which have caused, or are expected to cause significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
93	15	Fractures or dislocations of one toe, other than great toe, on both feet, which have caused, or are expected to cause significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
94	15	Fracture or dislocation of thumb on one hand from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
95	15	Fractured tarsal or metatarsal bone on one foot, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
96	15	Fracture or dislocation of two or more fingers, other than index, on one hand which have caused, or are expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
97	15	Fracture or dislocation 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 13 weeks.
98	15	Fracture or dislocation of one finger, other than index, on both hands, which has caused, or is expected to cause, significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
99	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.
100	15	Fracture or dislocation of one finger, other than index, on one hand, which has caused or is expected to cause significant functional limitation or restriction beyond 26 weeks.
101	15	Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
102	15	Fracture of three vertebral transverse or spinous processes.
F53(*) In this table, shoulder includes acromio-clavicular and sterno-clavicular joints.
(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis.
(*) An award for dislocation includes ligament and other soft tissue damage not requiring operative treatment.
(*) Where a fracture results in a dislocation only one award is payable.
F80(*) In this table, “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.

Table 9 -Musculoskeletal disorders(*)

Item	Column (a)	Column (b)
	Level	Description of injury and its effects (“descriptor”)
1	9	Permanent severely impaired grip in both hands.
2	9	Septic arthritis or other pathology requiring arthrodesis F54,osteotomyF90or partial or total joint replacement.
F55 2A	9	2A 9 Traumatic back injury resulting in vertebral or intervertebral disc damage and medically verified neurological signs, which has required, or is expected to require, operative treatment and which is expected to result in permanent significant functional limitation or restriction.
3	10	Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation or restriction.
4	11	Ligament injury which has resulted in full thickness rupture, affecting one F56hip, knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation or restriction.
F645A	11	Full thickness muscle or tendon unit rupture causing permanent significant functional limitation or 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 or 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 or 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 or restriction.
9	11	Permanent severely impaired grip in one hand.
10	11	Radiologically confirmed osteoarthritis of both hips, both knees, both ankles, both shoulders, both elbows or both wrists (caused by a repetitive or attrition injury), causing permanent significant functional limitation or restriction.
11	12	Two frozen shoulders, or other shoulder pathology, which have caused, or are expected to cause, significant functional limitation or 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 or restriction at 26 weeks, from which the claimant has made or is expected to make a substantial recovery beyond that date.
F6513	12	Ligament injury, short of full thickness rupture, to one knee, ankle, foot, shoulder, elbow or wrist causing permanent significant functional limitation or restriction.
F6614	12	Ligament injury, which has resulted in full thickness rupture, affecting one knee, ankle, foot, shoulder, elbow or wrist which has caused, or is expected to cause, significant functional limitation or restriction 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 or 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 or restriction beyond 13 weeks.
F5716A	12	Traumatic back injury with one or more intervertebral disc prolapses or vertebral body or facet joint fractures which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation or restriction beyond 13 weeks.
F9116B	12	Radiologically confirmed tarsal or metatarsal avascular necrosis requiring operative intervention.
17	13	Frozen shoulder, or other shoulder pathology, which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.
18	13	Two frozen shoulders, or other shoulder pathology, 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 or 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 or 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 or restriction beyond 13 weeks.
F5825	13	Radiologically confirmed osteoarthritis of hip, knee, ankle, back, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation or restriction.
26	13	Overuse injury of lower limb requiring, or expected to require, operative treatment.
27	13	Hip, F59pelvis, knee, ankle, shoulder, elbow or wrist strain, sprain or overuse injury, which has required, or is expected to require, operative treatment.
F9227A	13	Ligament injury which has resulted in full thickness rupture affecting one knee, ankle, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks.
28	14	Frozen shoulder, or other shoulder pathology, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
29	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 or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
30	14	Muscle or tendon unit injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation or restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
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 or restriction beyond 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 or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
35	14	Overuse injury of foot or heel, which has required or is expected to require operative treatment.
36	15	Knee meniscus injury which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
37	15	Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
38	15	F60. . . hernia which has required operative treatment.
39	15	Frozen shoulder which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
40	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 or 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.
(*) An award for dislocation includes ligament and other soft tissue damage not requiring operative treatment.
F61(*) References to back in this table include cervical, thoracic, lumbar and sacral vertebral segments or coccyx.”

Table 10 –Tariff amounts

Column (a)	Column (b)
Level	Amount
1	£570,000
2	£470,000
3	£380,000
4	£290,000
5	£175,000
6	£140,000
7	£90,000
8	£60,000
9	£40,000
10	£27,000
11	£15,500
12	£10,000
13	£6,000
14	£3,000
15	£1,200

Table of Guaranteed Income Payment Factors

Column (a)Age at last birthday	Column (b)GIP Factor	Column (a)Age at last birthday	Column (b)GIP Factor
16	1.205	37	1.000
17	1.202	38	0.986
18	1.199	39	0.972
19	1.196	40	0.957
20	1.192	41	0.943
21	1.189	42	0.928
22	1.185	43	0.913
23	1.182	44	0.897
24	1.170	45	0.882
25	1.157	46	0.866
26	1.145	47	0.849
27	1.132	48	0.833
28	1.120	49	0.816
29	1.107	50	0.799
30	1.094	51	0.781
31	1.081	52	0.763
32	1.068	53	0.744
33	1.055	54	0.724
34	1.041	55	0.705
35	1.028	Over 55	0.705
36	1.014

SCHEDULE 5CATEGORIES OF SPECIFIED INJURIES

Article 74(d)

Table

Item	Column (a)	Column (b)
	Specified injury	Table used in original decision
1	Non-freezing cold injury	Table 2 or Table 4
2	Permanent mental disorder	Table 3
3	Amputation of or loss of use of one or both upper limbs	Table 5
4	Amputation or loss of use of one or both lower limbs	Table 5
5	Brain or head injury	Table 6
6	Spinal cord injury	Table 6
7	Spinal injury	Table 6
8	Brachial plexus injury	Table 6
9	Hearing loss of at least 50dB averaged over 1, 2 and 3kHz in one or both ears	Table 7
10	Blast injury, acute acoustic trauma due to impulse noise or physical trauma to ear or ears	Table 7
11	Skull fracture	Table 8
12	Traumatic back injury with spinal damage	Table 9

SCHEDULE 6MODIFICATION TO PART 3 FOR THE PURPOSE OF DETERMINING A FURTHER LUMP SUM FOR A QUALIFYING INJURY

Article 78(3)(b)

Preliminary1

The following articles in Part 3 are modified.

Modification of article 14 (interpretation of Part 3)2

In article 14—

a

for paragraph (b) substitute—

b
“relevant amount” means the amount determined in accordance with article 77(3);

b

for paragraph (c) substitute—

c
“relevant percentage” means the percentage of guaranteed income payment determined in accordance with article 77(5) or (7);

e

in paragraphs (4) and (5) for “descriptor” each time it appears substitute “ qualifying injury ” and the references to “descriptors” in these paragraphs are to be construed accordingly.

SCHEDULE 7REVOCATIONS

Article 94(1)

Instruments	References	Extent of revocation
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005	S.I. 2005/439	The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006	S.I. 2006/1438	The whole Order
The Armed Forces (Gurkha Compensation) Order 2007	S.I. 2007/2609	The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008	S.I. 2008/39	The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008	S.I. 2008/2160	The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008	S.I. 2008/2942	The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009	S.I. 2009/3236	The whole Order
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010	S.I. 2010/1723	The whole Order

(This note is not part of the Order)

This Order revokes and re-enacts the Armed Forces and Reserve Forces (Compensation Scheme) 2005 S.I. 2005/439 (“the Scheme”), with modifications incorporating the recommendations of the Review of the Armed Forces Compensation Scheme by Admiral the Lord Boyce (Cm 7798). The Scheme provides for benefits to be payable to or in respect of a person by reason of illness or injury (whether physical or mental), or death, which is caused (wholly or partly) by service in the armed forces or the reserve forces.

Part 1 provides for citation, commencement and, together with Schedule 1, interpretation of the Order.

Part 2 establishes the Scheme by providing for compensation to be payable in respect of injuries caused by service, the worsening of non-service injuries and for death caused by service. It excludes injuries caused by, or occurring during, social events, slipping and tripping, home to duty travel and sport, unless the injuries occur in specified circumstances. In the case of sport and adventurous training the activity must be approved by the services. Provision is made for the modification of the Scheme for the reserve forces, the modifications being set out in Schedule 2.

Part 3 sets out the benefits which are payable for injury caused by service and the conditions attaching to the payment. The benefits are a lump sum, a supplementary award, a guaranteed income payment payable for life, a fast payment and, in limited circumstances, the re-imbursement of medical expenses. The lump sum is calculated with reference to the severity of the injury sustained. A tariff, set out in Part 1 of Schedule 3, contains tables which list descriptors of injuries and tariff levels, and a table which gives amounts corresponding to those levels. There are 15 tariff levels. The maximum lump sum payable for a tariff level 1 injury is £570,000. Supplementary awards are payable where the injury is accompanied by one of the conditions specified in Part 2 of Schedule 3, but subject to the cap of £570,000.

Guaranteed income payment is payable for more serious injuries. The are four bands - 100%, 75%, 50% and 30%. The payment commences when service ends, or from the date of claim, if later, and is payable for life. The amount of guaranteed income payment is calculated by means of a formula based on the age of the member of the forces when service ends or at the date of claim, if later.

A fast payment in the sum of £60,000 is payable only for more serious injuries. It is off-set against the lump sum payable. Medical expenses are a discretionary provision. Seriously injured personnel who move to live permanently overseas within a year of leaving service may claim re-imbursement of certain expenses.

This Part also contains provision for the calculation of awards in cases where more than one injury is sustained in one incident. In all cases benefit is paid for each injury caused by service. For the most seriously injured (where the amount of guaranteed income payment is 100%) the tariff amount is paid in full up to the cap of £570,000. In other cases a percentage of the tariff amount is paid for some of the injuries sustained. There is also provision for injury to a pair of like parts of the body in sequential incidents, for example, to one leg and then the other leg.

Where a person has sustained an injury of a description for which no provision is made in the tariff a temporary award is payable, if that injury is sufficiently serious to warrant an award. The injury must be listed in the International Statistical Classification of Diseases and Related Health Problems or in the Diagnostic and Statistical Manual of Mental Disorder.

Part 4 sets out the benefits which are payable in respect of a member of the forces whose death is caused by service. Survivor's guaranteed income payment and a bereavement grant are payable to a surviving spouse, surviving adult dependent or surviving civil partner. Child's payment is payable to “eligible” children. An eligible child is a child or adopted child of the deceased or a child dependent on the deceased who is under 18 or under 23 and in full-time education or vocational training. Provision is also made for children over 18 who are unable, due to physical or mental disability, to support themselves. A bereavement grant for a person who dies in service is £25,000 but may be reduced depending on which armed forces pension scheme the member of the forces belonged to. The grant in respect of a member who dies after leaving service is £37,500.

Survivor's guaranteed income payment and child's payment are calculated in a similar way to guaranteed income payment. The amount of survivor's guaranteed income payment is 60% of the full amount of guaranteed income payment. The first two eligible children each receive child's payment of 15% of guaranteed income payment and a third child 10%. Where there are four or more eligible children the percentages are reduced.

Part 5 makes provision for adjusting the amount of benefit payable in specified circumstances. Guaranteed income payment, survivor's guaranteed income payment and child's payment is adjusted to take account of pensions paid under an armed forces' pension scheme, and, in the case of the reserve forces, another occupational pension scheme. Benefit will also be reduced if a person receives damages or compensation from another scheme in respect of the same injury or death. In addition, benefit may be reduced by up to 40% where the negligence or misconduct of a member of the forces has contributed to the injury or death. This Part also provides that benefit will cease if a former member of the armed forces is admitted as an in-pensioner to the Royal Hospital, Chelsea.

Part 6 deals with the manner of making a claim, specifies circumstances where a claim is not required and provides for the date of a claim and time limits for making claims. For injury, the time limit is 7 years from the date of the injury, or the worsening of a non-service injury, and in the case of an illness, the date on which medical advice is first sought or the date on which service ends whichever is the earlier. For death, the time limit is 3 years from the date of death. A claim for a fast payment must be made within 6 months of the injury. Medical expenses must be approved before they are paid, except in cases of a medical emergency. There are some exceptions to the time limits where a person is unable to make a claim, or instruct another person to make it, due to physical or mental illness. There are also exceptions in specified exceptional circumstances.

Part 7 makes provision for the adjudication of claims. Provision is made for the manner of making decisions and the information to be provided with a decision, for interim awards and for reconsideration and review of decisions in specified circumstances. A person who has received an award in-service can apply for a review of that award within a year of leaving service, providing the final decision in relation to that award was made not more than 7 years earlier. There is also provision to apply for a review in exceptional circumstances where an injury has unexpectedly got worse.

The burden of proving any issue under the Scheme lies on the claimant, but where records have been lost there is a presumption in favour of the claimant. The standard of proof is on a balance of probabilities. Provision is also made for the production of evidence, with the Secretary of State being required to produce relevant medical or other records which are in the Department's possession.

Parts 8 and 9 make provision for the payment of benefit. These provisions include the date on which benefit becomes payable, suspension of benefit in certain circumstances, and a power to appoint persons to act on behalf of persons under 18 and persons unable to act for themselves.

Part 10 provides a power to up-rate guaranteed income payment, survivor's guaranteed income payment and child's payment. It also provides a mechanism for a notional up-rating of a person's salary to take account of inflation. This is used for the purpose of calculating guaranteed income payment, survivor's guaranteed income payment and child's payment where a member of the forces makes a claim or dies after service ends.

Part 11 makes provision for payment of additional benefits for those who claimed under the Scheme before this Order comes into force. All those who have been awarded injury benefit under the AFCS 2005 of less than £570,000 will receive a further lump sum payment, subject to the cap of that amount. Guaranteed income payment, survivor's guaranteed income payment and child's payment is to increase, as it is to be calculated on revised factors. In certain specified circumstances an additional bereavement grant will be paid.

Part 12 includes various general transitional provisions, revocations and savings.