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

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Allocation of descriptors to body zonesU.K.

This section has no associated Explanatory Memorandum

20.—(1) This article applies where—

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

(b)the relevant percentage for the purpose of calculating the amount of guaranteed income payment is less than 100%; and

(c)one injury or more is described by two or more descriptors tariff levels 1 to 11.

(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.

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