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

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This is the original version (as it was originally made).

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

This section has no associated Explanatory Memorandum

21.—(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)the relevant percentage for the purpose of calculating the amount of a guaranteed income payment is less than 100%.

(2) Subject to article 17(2) the amount payable is to be calculated as follows—

(a)for the first body zone, 100% of the relevant amount applicable to each descriptor in that body zone;

(b)for the second body zone, 80% of the relevant amount applicable to each descriptor in that body zone;

(c)for the third body zone, 60% of the relevant amount applicable to each descriptor in that body zone;

(d)for the fourth body zone, 40% of the relevant amount applicable to each descriptor in that body zone;

(e)for the fifth body zone, 20% of the relevant amount applicable to each descriptor in that body zone.

(3) In this article—

(a)“first body zone” means the body zone 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 body zones one is the “first body zone” and the other is to be the “second body zone”,

and references to the second, third, fourth and fifth body zone are to be construed accordingly.

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