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

Interim awards U.K.

52.—(1) An interim award may be made where the Secretary of State is satisfied that a person is entitled to injury benefit but—

(a) the prognosis for the injury in that particular case is uncertain; and

(b) it is not possible to determine which descriptor is applicable to it.

(2) The Secretary of State is to select the descriptor considered to be the most appropriate descriptor at the date of the decision.

(3) The Secretary of State must specify the period which the interim award has effect in accordance with paragraphs (4) and (5).

(4) The period referred to in paragraph (3) is to be a maximum of 2 years starting from the date the award was first made.

(5) Where the period specified is less than 2 years, the Secretary of State may extend and further extend the award but, subject to paragraph (6), a final award must be made within the period of 2 years starting with the date on which an interim award was first made.

(6) Where paragraph (7) applies—

(a) the interim award may be extended and further extended for a period not exceeding 2 years; and

(b) a final award must be made within the period of 4 years starting with the date on which an interim award was first made.

(7) This paragraph applies where—

(a) the prognosis remains uncertain at the end of the initial 2 year period; and

(b) the Secretary of State considers the extension just and equitable having regard to all the circumstances of the case.

(8) Where the final decision is to award a descriptor at a tariff level which is—

(a) at the same level or higher than the tariff level awarded in the interim award, account is to be taken of the amount of benefit paid in accordance with the interim award and only the difference between the amount of benefit paid in accordance with the interim award and the amount of the final decision is payable;

(b) 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.