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

Award of additional guaranteed income payment U.K.

79.—(1) This article applies where for any period before 9th May 2011 a former member was—

(a) in receipt of guaranteed income payment; or

(b) entitled to guaranteed income payment for a qualifying injury, but guaranteed income payment was not payable due to the reduction of that payment under article 31(2) of the AFCS 2005.

(2) The Secretary of State is to award an additional guaranteed income payment in accordance with this article.

(3) The additional guaranteed income payment is—

(a) where paragraph (1)(a) applies, (A–B)–C;

(b) where paragraph (1)(b) applies, A–B.

(4) In this article —

(a) “A” is the total amount of guaranteed income payment which would have been payable if the annual amount had been calculated in accordance with article 24; and—

(i) where paragraph (1)(a) applies, if that amount had been paid from the date payment commenced until the date specified in paragraph (5); and

(ii) where paragraph (1)(b) applies, if that amount had been paid for the period specified in paragraph (6).

(b) “B” is the adjustment of the total amount determined in accordance with article 39(3);

(c) “C” is the amount of guaranteed income payment paid from the date payment commenced until the date specified in paragraph (5).

(5) The date referred to in paragraph (4)(a)(i) and (4)(c) is whichever is the earlier of—

(a) the date of the former member's death; or

(b) 8th May 2011.

(6) The period referred to in paragraph (4)(a)(ii) is the period—

(a) commencing with whichever is the later of—

(i) the day after the former member's service ends; or

(ii) 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).