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

Article 78(3)(b)

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

Preliminary U.K.

1.  The following articles in Part 3 are modified.

Modification of article 14 (interpretation of Part 3) U.K.

2.  In article 14—

(a) for paragraph (b) substitute—

“(b) “relevant amount” means the amount determined in accordance with article 77(3);”; and

(b) for paragraph (c) substitute—

“(c) “relevant percentage” means the percentage of guaranteed income payment determined in accordance with article 77(5) or (7);”.

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

3.  In article 18—

(a) for “injury or more which is described by one descriptor” substitute “ qualifying injury ”; and

(b) for “descriptor” the second time it appears substitute “ qualifying injury ”.

Modification of article 19 (amount where 100% guaranteed income payment determined) U.K.

4.  In article 19—

(a) in paragraph (1)(a) for the words “one injury or more which is described by more than one descriptor” substitute “ more than one qualifying injury ”; and

(b) in paragraph (2) for “descriptor” substitute “ qualifying injury ”.

Modification of article 20 (allocation of descriptors to body zones) U.K.

5.  In article 20—

(a) in paragraph (1)(a) for “one injury or more which is described by more than one descriptor” substitute “ more than one qualifying injury ”;

(b) in paragraph (1)(c) for “one injury or more is described by two or more descriptors” substitute “ two or more qualifying injuries gives rise to an entitlement ”;

(c) in paragraph (2)—

(i) for “injury or injuries which is described by a separate descriptor” substitute “ qualifying injury ”; and

(ii) after “tariff levels 1 to 11” insert “ , where the tariff level is determined in accordance with article 76, ”.

(d) in paragraph (4)—

(i) for “or more injuries described by one descriptor extend” substitute “ ”qualifying injury extends”; and

(ii) for “descriptor” the second time it appears substitute “ qualifying injury ”; and

(e) in paragraph (5) for “descriptor” the second time it appears substitute “ qualifying injury ”.

Modification 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) U.K.

6.  In article 21—

(a) in paragraph (1)(a) for “one or more injury which is described by more than one descriptor” substitute “ more than one qualifying injury ”;

(b) in paragraph (1)(b) for “the descriptors of the injury or injuries” substitute “ the qualifying injuries ”;

(c) in paragraph (1)(c)—

(i) for “descriptor” substitute “ qualifying injury ”;

(ii) after “tariff levels 1 to 11” insert “ , where the tariff level is determined in accordance with article 76, ”; and

(d) in paragraph (2) for “descriptor” each time it appears substitute “ qualifying injury ”.

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

7.  In article 22—

(a) in paragraph (2)(a) for “one injury or more which is described by more than one descriptor” substitute “ more than one qualifying injury ”;

(b) in paragraph (2)(b) for “the descriptors of the injury or injuries” substitute “ the qualifying injuries ”;

(c) in paragraph (2)(d) for “the descriptor or descriptors” substitute “ the qualifying injury or injuries ”;

(d) in paragraph (3)—

(i) for “injuries described by a descriptor” substitute “ qualifying injuries ”; and

(ii) after “tariff levels 1 to 11” insert “ , where the tariff level is determined in accordance with article 76, ”; and

(e) in paragraphs (4) and (5) for “descriptor” each time it appears substitute “ qualifying injury ” and the references to “descriptors” in these paragraphs are to be construed accordingly.