Amendment of Schedule 37.

(1)

Schedule 3 (the tariff and supplementary awards), part 1 (descriptors, tariff levels and amounts – “the tariff”) is amended as follows.

(2)

In Table 3 (mental disorders)6—

(a)

before item 1, insert—

“A1

4

Permanent mental disorder causing very severe functional limitation or restriction(aa).”;

(b)

before table note (a), insert—

“(aa)

Functional limitation or restriction is very severe where the claimant’s residual functional impairment after undertaking adequate courses of best practice treatment, including specialist tertiary interventions, is judged by the senior treating consultant psychiatrist to remain incompatible with any paid employment until state pension age.”.

(3)

In Table 6 (neurological disorders, including spinal, head or brain injuries)7, in the entry in column (a) in respect of item 22, for “8” substitute “7”.

(4)

In Table 9 (musculoskeletal disorders)8—

(a)

for the entry in column (b) (description of injury and its effects (“descriptor”)) in respect of item 4, after “ankle,” insert “foot,”;

(b)

after item 2A, insert—

“2B

9

Septic, rheumatoid or post traumatic arthritis requiring arthrodesis, osteotomy or total joint replacement.”;

(c)

after item 16B, insert—

“16C

12

Recurrent subluxation of patella.

16D

12

Hip, pelvis, knee, ankle, shoulder or wrist strain, sprain or overuse injury with confirmed significant osteochondral defect, and which has required or is expected to require operative treatment.”

(d)

after item 40, insert—

“(*) Post traumatic arthritis is arthritis which is secondary to a significant traumatic injury which was documented in the medical records at the time it occurred.”.