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

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Definition of “late onset illness”

   4. 4. Definition of “salary”

   5. 5. Descriptor, further interpretative provisions

   6. 6. Service of documents

3. PART 2 THE COMPENSATION SCHEME

   1. 7. The Compensation Scheme

   2. 8. Injury caused by service

   3. 9. Injury made worse by service

   4. 10. Death caused by service

   5. 11. Injury and death – exclusions relating to travel, sport and slipping and tripping

   6. 12. Injury and death – other exclusions

   7. 13. Modifications of provisions for members or former members of the reserve forces

4. PART 3 BENEFITS PAYABLE FOR INJURY

   1. 14. Interpretation of Part 3

   2. 15. Description of benefits - injury

   3. 16. Injury benefit - general provisions

   4. 17. Amount of lump sum and supplementary award - general

   5. 18. Amount where injury or injuries are described by one descriptor

   6. 19. Amount where 100% guaranteed income payment determined

   7. 20. Allocation of descriptors to body zones

   8. 21. Amount where injury or injuries are described by two or more descriptors at tariff level 11 or above in more than one body zone

   9. 22. Amount where injury or injuries are described by more than one descriptor - other cases

   10. 23. Recalculation of amount payable following award for additional injury

   11. 24. Amount of guaranteed income payment

   12. 24A. Award of armed forces independence payment

   13. 24B. Cessation of entitlement to armed forces independence payment

   14. 24C. Overlapping benefits

   15. 24D. Payment of armed forces independence payment in respect of Motability

   16. 24E. Power for the Secretary of State to terminate a Motability arrangement

   17. 24F. Restriction on duration of Motability arrangements by the Secretary of State

   18. 25. Injury to a pair of like parts of the body

   19. 26. Temporary Awards

   20. 27. Fast payment

   21. 28. Medical expenses

5. PART 4 BENEFITS PAYABLE FOR DEATH

   1. 29. Description of benefits - death

   2. 30. Meaning of “surviving adult dependant”

   3. 31. Meaning of “eligible child”

   4. 32. Eligible child - further provisions

   5. 33. Children born after the death of a member or former member

   6. 34. Amount of survivor's guaranteed income payment

   7. 35. Amount of bereavement grant

   8. 36. Amount of child's payment

   9. 37. Awards of child's payment - later adjustment

   10. 38. Children entitled to three or more awards of child's payment

6. PART 5 ADJUSTMENT AND CESSATION OF BENEFIT

   1. 39. Adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts

   2. 40. Adjustment in benefit to take account of awards of damages

   3. 41. Negligence or misconduct

   4. 42. Cessation of guaranteed income payment and survivor's guaranteed income payment on admission to the Royal Hospital, Chelsea

7. PART 5A REMEDIABLE SERVICE

   1. 42A. Application and interpretation

   2. 42B. Adjustment and Reconciliation

   3. 42C. Recovery of Overpayments

8. PART 6 CLAIMS

   1. 43. Entitlement to benefit dependant on claim

   2. 44. Manner of making a claim

   3. 45. Cases where claims are not required

   4. 46. Date of claim

   5. 47. Time for making a claim - general

   6. 48. Time for making a claim - exceptional circumstances

   7. 49. Time for making a claim - physical or mental incapacity

   8. 50. Withdrawal or amendment of claim

9. PART 7 ADJUDICATION

   1. 51. Decisions

   2. 52. Interim awards

   3. 53. Reconsideration

   4. 54. Finality of decisions

   5. 55. Review - service termination

   6. 56. Review - exceptional circumstances within 10 years

   7. 57. Review - final

   8. 58. Review - award of damages

   9. 59. Review - ignorance or mistake

   10. 60. Burden of proof

   11. 61. Standard of proof

   12. 62. Evidence

   13. 63. Information and medical examination

10. PART 8 PAYMENT

    1. 64. Date on which awards of benefit become payable

    2. 65. Time of payment

    3. 65A. Time of payment for armed forces independence payment

    4. 66. Suspension – appeal from a decision of an appropriate tribunal

    5. 67. Suspension – appeal from a decision of the Upper Tribunal, a Commissioner or a court

    6. 68. Suspension in other cases

    7. 69. Payments on death

11. Part 8A Invalidity of Assignments and Bankruptcy

    1. 69A. Invalidity of assignments and bankruptcy

12. PART 9 THIRD PARTIES

    1. 70. Persons under 18

    2. 71. Persons who are mentally infirm

13. PART 10 UP-RATING

    1. 72. Annual up-rating of guaranteed income payment, survivor's guaranteed income payment and child's payment

    2. 73. Up-rating of relevant salary for the purposes of articles 24, 34 and 36

14. PART 11 ADDITIONAL BENEFIT

    1. 74. Interpretation of Part 11

    2. 75. Additional benefit

    3. 76. Tariff level for a qualifying injury

    4. 77. Supplementary award, relevant amount and relevant percentage for a qualifying injury

    5. 78. Award of further lump sum benefit

    6. 79. Award of additional guaranteed income payment

    7. 80. Award of guaranteed income payment for a specified injury

    8. 81. Additional survivor's guaranteed income payment

    9. 82. Additional child's payment

    10. 83. Additional bereavement grant

15. PART 12 TRANSITIONAL PROVISIONS, REVOCATIONS AND SAVINGS

    1. 84. General

    2. 85. Claims and applications for reconsideration or review made before 9th May 2011

    3. 86. Decisions made before 9th May 2011

    4. 87. Decisions revised by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court

    5. 88. Power to apply provisions in the AFCS 2005 and disapply provisions in this Order

    6. 89. Time limit for application for reconsideration

    7. 90. Fast payment and medical expenses

    8. 91. Review under article 55 (review – service termination)

    9. 92. Payment of guaranteed income payment

    10. 93. Payment of survivor's guaranteed income payment and child's payment

    11. 94. Revocations and savings

16. Signature

17. 1. SCHEDULE 1

       MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

       1. PART 1 SUBSTANTIAL RELATIONSHIP

          1. 1. In deciding whether a relationship of a deceased member (“the...

          2. 2. The evidence referred to in paragraph 1(b) is—

       2. PART 2 EXCLUSIVE RELATIONSHIP

          1. 3. A relationship is not an exclusive relationship if—

    2. SCHEDULE 2

       MODIFICATIONS FOR RESERVE FORCES

       1. 1. Modification of article 2 (interpretation)

       2. 2. Modification of article 4 (definition of “salary”)

       3. 3. Modification of article 11 (injury and death – exclusions relating to travel, sport and slipping or tripping)

       4. 4. Modification of article 35 (amount of bereavement grant)

       5. 5. Modification of article 39 (adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts)

       6. 6. (1) This paragraph applies where— (a) as a result of...

    3. SCHEDULE 3

       THE TARIFF AND SUPPLEMENTARY AWARDS

       1. PART 1 DESCRIPTORS, TARIFF LEVELS AND AMOUNTS - “THE TARIFF”

       2. PART 2 SUPPLEMENTARY AWARDS

          1. 1. Supplementary award following traumatic physical damage

          2. 2. Other supplementary awards

    4. SCHEDULE 4

       TABLE OF FACTORS

    5. SCHEDULE 5

       CATEGORIES OF SPECIFIED INJURIES

    6. SCHEDULE 6

       MODIFICATION TO PART 3 FOR THE PURPOSE OF DETERMINING A FURTHER LUMP SUM FOR A QUALIFYING INJURY

       1. 1. Preliminary

       2. 2. Modification of article 14 (interpretation of Part 3)

       3. 3. Modification of article 18 (amount where injury or injuries are described by one descriptor)

       4. 4. Modification of article 19 (amount where 100% guaranteed income payment determined)

       5. 5. Modification of article 20 (allocation of descriptors to body zones)

       6. 6. Modification of article 21 (amount where injury or injuries are described by two or more descriptors at tariff level 11 or above in more than one body zone)

       7. 7. Modification of article 22 (amount where injury or injuries are described by more than one descriptor – other cases)

    7. SCHEDULE 7

       REVOCATIONS

18. Explanatory Note