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

Payment of survivor's guaranteed income payment and child's payment U.K.

93.—(1) Where a person is in receipt of survivor's guaranteed income payment or child's payment immediately before 9th May 2011 the annual amount of that payment—

(a) is to be re-determined in accordance with article 34 or 36, as is applicable to the case;

(b) adjusted in accordance with article 39(4); and

(c) is payable from 9th May 2011.

(2) This paragraph applies where—

(a) a claim for death benefit giving rise to an entitlement to survivor's guaranteed income payment or child's payment to an eligible child was determined before 9th May 2011; and

(b) that survivor's guaranteed income payment or child's payment was not in payment immediately before 9th May 2011.

(3) Where paragraph (2) applies, the annual amount of survivor's guaranteed income payment or child's payment is—

(a) to be determined in accordance with articles 34 or 36, whichever is applicable to the case;

(b) to be adjusted in accordance with article 39(4);

(c) to commence from the day after the day of the death of the former member.