The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010

Transitory provisions

12.—(1) Subject to the provisions of this article the amendments to the principal Order contained in this Order shall not apply to a claim made before the day this Order comes into force.

(2) Where a claim is made before the day this Order comes into force—

(a) the time specified for making a claim for injury benefit is 7 years beginning with the day on whichever of the days specified in article 39(1) is applicable to the claim;

(b) death benefit is payable if death occurs within the period of 7 years beginning with the day on which service ends, and the conditions specified in sub-paragraphs (i) or (ii) of article 9(3)(b) are satisfied; and

(c) the amendments to Schedule 4 shall apply where—

(i) the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of an injury—

(aa) for which benefit is claimed; or

(bb) which is of the same description as an injury for which benefit is claimed;

(ii) a descriptor for the injury (in respect of which the temporary award is made) is included in the amendments to Schedule 4; and

(iii) the descriptor is at the same level of the tariff as the temporary award.

(3) The time specified for making a claim for death benefit is 1 year beginning with day this Order comes into force or 3 years beginning with the day on which death occurred, whichever is the later.

(4) In this article—

(a) “claim” means a claim made in accordance with the principal Order and “claimed” shall be construed accordingly;

(b) “descriptor” means an entry in column (b) of, including the footnotes to, Tables 1 to 9 of Schedule 4 to the principal Order.