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

Transitional provisions

10.—(1) Subject to paragraph (2), the amendments to the principal Order do not apply to a claim or application for review made before the day this Order comes into force.

(2) The amendments to Tables 8 and 9 in article 9(1)(b) and 9(1)(c) apply to a claim made before the day this Order comes into force where—

(a) the Secretary of State determines (whether before or after the coming into force of this Order) that, following the determination of a claim or application for review, a temporary award in accordance with article 26 should be made;

(b) a descriptor of the injury (in respect of which the temporary award is made) is included in the amendments to Tables 8 and 9; and

(c) the descriptor is at the same level as the temporary award.

(3) Where, pursuant to article 46(2), before the day this Order comes into force—

(a) a claimant or a person acting on the claimant’s behalf requested the Secretary of State to provide information or a claim form for the purpose of claiming benefit, and

(b) a claim is made not more than 3 months after the date of the request,

the date of claim is the date of the request.

(4) In this article—

(a) “claim” means a claim made in accordance with the principal Order;

(b) “application for review” means an application for review pursuant to article 55, 56, 57 or 59.