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

Amount of guaranteed income payment U.K.

24.—(1) The annual amount of guaranteed income payment is the relevant percentage of the base figure.

(2) The base figure is calculated by multiplying the relevant salary by the relevant factor.

(3) Subject to paragraph (4), the relevant percentage is—

(a) 100% where a descriptor gives rise to entitlement at tariff level 1, 2, 3 or 4 (band A);

(b) 75% where a descriptor gives rise to entitlement at tariff level 5 or 6 (band B);

(c) 50% where a descriptor gives rise to entitlement at tariff level 7 or 8 (band C); and

(d) 30% where a descriptor gives rise to entitlement at tariff level 9, 10 or 11 (band D).

(4) Where an award for an injury sustained in or arising from one incident is described by—

(a) one descriptor, “the relevant percentage” is determined in accordance with paragraph (3);

(b) more than one descriptor and the first and second descriptors are specified—

(i) in the same band, “the relevant percentage” is the percentage specified in the band immediately above the band in which the descriptors are specified (except where the descriptors are specified in band A in which case “the relevant percentage” is 100%);

(ii) in different bands, “the relevant percentage” is the percentage specified in the band in which the descriptor which gives rise to an entitlement to the highest tariff level is specified.

(5) Where the Secretary of State makes a re-determination under article 23(3) and as a result, the first descriptor is at a higher tariff level than it was before the re-determination, the Secretary of State is to re-determine the relevant percentage in accordance with paragraphs (3) and (4).

(6) In this article—

(a) “the first and second descriptors” mean the descriptors which give rise to an entitlement to the highest tariff levels;

(b) “the relevant salary” is, subject to paragraph (7), the salary of a member on the day on which the member's service ends or in the case of a former member, the salary on that day up-rated for inflation to the date of claim;

(c) “the relevant factor” is the figure specified in column (b) of the Table in Schedule 4 in relation to the relevant age specified in column (a); and

(d) “the relevant age” is the age of the member on the day on which service ends or, in the case of a former member, the date of claim.

(7) Where one or more of the injuries which gives rise to an entitlement to guaranteed income payment was sustained in an incident which occurred on a day when the member or former member, as the case may be, held acting rank, the relevant salary is whichever is the higher of—

(a) the salary specified in paragraph (6)(b); or

(b) the actual salary of the member on the day of the incident.

(8) Up-rating a former member's salary for inflation for the purposes of determining “the relevant salary” under this article is to be carried out in accordance with article 73.