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

Death caused by serviceU.K.

This section has no associated Explanatory Memorandum

10.—(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).