88.—(1) This article applies to a claim, reconsideration or review where—
(a)article 85(2) applies; or
(b)article 86(2) applies.
(2) The Secretary of State must not determine the claim, reconsideration or review to the detriment of the claimant.
(3) Where the Secretary of State considers it just and equitable in all the circumstances of the case the Secretary of State may—
(a)apply one or more of the following provisions in the AFCS 2005, in whole or in part, which were in force at the date of claim—
(i)article 10 (injury and death benefits);
(ii)Tables 1 to 9 of Schedule 4 (the tariff) .
(b)disapply one or more of the following provisions in this Order in whole or in part—
(i)article 5 (descriptor, further interpretation);
(ii)article 11 (injury and death –exclusions);
(iii)Part 11 (additional benefit);
(iv)Tables 1 to 9 of Part 1 of Schedule 3 (tariff).