The Victims’ Payments Regulations 2020

Determination of amount of victims’ payments

This section has no associated Explanatory Memorandum

18.—(1) If a person is entitled to victims’ payments, the Board must determine the amount of victims’ payments payable to the applicant.

(2) The amount of victims’ payments payable to an applicant is the appropriate rate subject to any adjustment made in accordance with regulations 19 and 20.

(3) The appropriate rate is the rate specified from time to time in column 2 of the table in Part 2 of Schedule 1 to The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(1) (weekly rates of pensions for disabled members of the armed forces of certain ranks) corresponding to the applicant’s degree of relevant disablement.

(4) Where an interim assessment of the applicant’s degree of disablement has been made, for the duration of the interim period, the appropriate rate is the rate specified from time to time in column 2 of that table corresponding to the interim assessment of the applicant’s degree of relevant disablement.

(5) Where a person is entitled to victims’ payments following an application in a case where regulation 10 applies, the appropriate rate is the rate specified from time to time in column 2 of that table corresponding to the deceased’s degree of relevant disablement.

(6) Subject to regulation 21, a person is entitled to victims’ payments from the date the Board determines the applicant is entitled to victims’ payments.