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

Recalculation of amount payable following award for additional injury

23.—(1) This article applies where—

(a) a claim for injury benefit (“the first claim”) has been determined and injury benefit awarded;

(b) in the circumstances specified in paragraph (2) a further determination is made in relation to an injury sustained in the same incident, or an injury consequential to an injury sustained in that incident; and

(c) the decision following the further determination—

(i) changes a descriptor for an injury;

(ii) awards an additional descriptor; or

(iii) awards a supplementary award.

(2) The circumstances referred to in paragraph (1)(b) are—

(a) a further claim is made for injury benefit for another injury, or an injury consequential to an injury sustained in the same incident as the first claim; or

(b) the decision on the first claim or the further claim is revised following a reconsideration under article 53, or a review under article 55, 56, 57 or 59.

(3) Subject to paragraph (4), the amount of lump sum and any supplementary award payable following the further claim, reconsideration or review is to be re-determined in accordance with article 19, 21 or 22, whichever is applicable to the case.

(4) Where the amount awarded following a re-determination of benefit payable for all injuries sustained in one incident, or consequential to an injury sustained in that incident is increased, account is to be taken of the amount of benefit already paid, and, subject to article 17(2), only the difference between an earlier award and a later award is payable.