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

PART 1PRELIMINARY

1Citation and commencement

2Interpretation

3Definition of “late onset illness”

4Definition of “salary”

5Descriptor, further interpretative provisions

6Service of documents

PART 2THE COMPENSATION SCHEME

7The Compensation Scheme

8Injury caused by service

9Injury made worse by service

10Death caused by service

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

12Injury and death – other exclusions

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

PART 3BENEFITS PAYABLE FOR INJURY

14Interpretation of Part 3

15Description of benefits - injury

16Injury benefit - general provisions

17Amount of lump sum and supplementary award - general

18Amount where injury or injuries are described by one descriptor

19Amount where 100% guaranteed income payment determined

20Allocation of descriptors to body zones

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

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

23Recalculation of amount payable following award for additional injury

24Amount of guaranteed income payment

24AAward of armed forces independence payment

24BCessation of entitlement to armed forces independence payment

24COverlapping benefits

24DPayment of armed forces independence payment in respect of Motability

24EPower for the Secretary of State to terminate a Motability arrangement

24FRestriction on duration of Motability arrangements by the Secretary of State

25Injury to a pair of like parts of the body

26Temporary Awards

28Medical expenses

PART 4BENEFITS PAYABLE FOR DEATH

29Description of benefits - death

30Meaning of “surviving adult dependant”

31Meaning of “eligible child”

32Eligible child - further provisions

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

34Amount of survivor's guaranteed income payment

35Amount of bereavement grant

36Amount of child's payment

37Awards of child's payment - later adjustment

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

PART 5ADJUSTMENT AND CESSATION OF BENEFIT

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

40Adjustment in benefit to take account of awards of damages

41Negligence or misconduct

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

43Entitlement to benefit dependant on claim

44Manner of making a claim

45Cases where claims are not required

46Date of claim

47Time for making a claim - general

48Time for making a claim - exceptional circumstances

49Time for making a claim - physical or mental incapacity

50Withdrawal or amendment of claim

PART 7ADJUDICATION

52Interim awards

53Reconsideration

54Finality of decisions

55Review - service termination

56Review - exceptional circumstances within 10 years

57Review - final

58Review - award of damages

59Review - ignorance or mistake

60Burden of proof

61Standard of proof

63Information and medical examination

64Date on which awards of benefit become payable

65Time of payment

65ATime of payment for armed forces independence payment

66Suspension – appeal from a decision of an appropriate tribunal

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

68Suspension in other cases

69Payments on death

Part 8AInvalidity of Assignments and Bankruptcy

69AInvalidity of assignments and bankruptcy

PART 9THIRD PARTIES

70Persons under 18

71Persons who are mentally infirm

PART 10UP-RATING

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

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

PART 11ADDITIONAL BENEFIT

74Interpretation of Part 11

75Additional benefit

76Tariff level for a qualifying injury

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

78Award of further lump sum benefit

79Award of additional guaranteed income payment

80Award of guaranteed income payment for a specified injury

81Additional survivor's guaranteed income payment

82Additional child's payment

83Additional bereavement grant

PART 12TRANSITIONAL PROVISIONS, REVOCATIONS AND SAVINGS

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

86Decisions made before 9th May 2011

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

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

89Time limit for application for reconsideration

90Fast payment and medical expenses

91Review under article 55 (review – service termination)

92Payment of guaranteed income payment

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

94Revocations and savings

SCHEDULE 1MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

PART 1SUBSTANTIAL RELATIONSHIP

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

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

PART 2EXCLUSIVE RELATIONSHIP

3A relationship is not an exclusive relationship if—

SCHEDULE 2MODIFICATIONS FOR RESERVE FORCES

1Modification of article 2 (interpretation)

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

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

4Modification of article 35 (amount of bereavement grant)

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

SCHEDULE 3THE TARIFF AND SUPPLEMENTARY AWARDS

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

PART 2SUPPLEMENTARY AWARDS

1Supplementary award following traumatic physical damage

2Other supplementary awards

SCHEDULE 4TABLE OF FACTORS

SCHEDULE 5CATEGORIES OF SPECIFIED INJURIES

SCHEDULE 6MODIFICATION TO PART 3 FOR THE PURPOSE OF DETERMINING A FURTHER LUMP SUM FOR A QUALIFYING INJURY

2Modification of article 14 (interpretation of Part 3)

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

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

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

6Modification 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)

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

SCHEDULE 7REVOCATIONS

2011 No. 517

Pensions

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

Made23rd February 2011

Laid before Parliament28th February 2011

Coming into force9th May 2011

The Secretary of State, in exercise of the powers conferred by section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 F1, makes the following Order:

Annotations:

Amendments (Textual)

F1