Article 15 Amount of lump sum
United Kingdom
Where one injury is sustained in one incident, the amount of the lump sum is the relevant amount, described in article 14 (2)(b), applicable to that injury.
Where the conditions in article 15A apply, that article shall apply in place of paragraphs (2) to (7).
Subject to paragraph (3), where more than one injury is sustained in one incident, the amount of the lump sum shall be calculated as follows—
for the first injury, 100 per cent. of the relevant amount applicable to that injury;
for the second injury, 30 per cent. of the relevant amount applicable to that injury;
for the third injury, 15 per cent. of the relevant amount applicable to that injury;
and no further amount shall be paid where four or more injuries are sustained in one incident.
The total amount payable under paragraph (2) shall not exceed the amount specified at level 1 in column (a) of table 10.
Subject to paragraph (6) where—
more than one injury has been sustained in one incident;
a claim for injury benefit (“the first claim”) is made for some but not all the injuries; and
after notice of the decision on the first claim has been given or sent to the claimant, a further claim for injury benefit is made for other injuries sustained in that incident, the Secretary of State shall F2except where paragraph (6B) applies determine the further claim by recalculating the amount of the lump sum in accordance with paragraphs (2) and (3) taking into account all the injuries sustained in that incident which have been the subject of a claim.
In determining the further claim under paragraph (4) the Secretary of State may
increase the amount of the lump sum awarded in respect of the first claim; or
award no, or no further, amount of benefit.
Where the Secretary of State increases the amount of the lump sum awarded in respect of the first claim, account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award F3(including any award of additional lump sum) and the later award shall be paid.
Paragraph 6B applies where—
more than one injury is sustained in one incident;
the cause of the injuries occurred on or after F58th February 2008;
a further claim for injuries is made pursuant to paragraph (4) and the Secretary of State determines that the amount of lump sum awarded in respect of the first claim shall be increased; and
the relevant percentage for the purpose of calculating the amount of a guaranteed income payment for one or more such injuries is recalculated pursuant to article 16(4) and is determined as 100 per cent.
The first claim shall be recalculated pursuant to article 15A and the further claim determined pursuant to that article, save that account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award F6(including any award of additional multiple injury lump sum and any award of additional lump sum) and the later award shall be paid.
Paragraphs (4), (5) and (6) F7(6A) and (6B) shall not apply to a further claim for injury benefit referred to in paragraph (4)(a) unless that claim is made within the time specified in articles 39, 40 and 41 for making a claim.
Annotations
Textual amendments
- F1
Art. 15(1A) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(1)
- F2
Words in art. 15(4)(c) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(2)
- F3
Words in art. 15(6) inserted (15.12.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 (S.I. 2008/2942), arts. 1(1), 7(a)
- F4
Art. 15(6A)(6B) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(3)
- F5
Words in art. 15(6)(b) substituted (15.12.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 (S.I. 2008/2942), arts. 1(1), 7(b)
- F6
Words in art. 15(6B) inserted (15.12.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 (S.I. 2008/2942), arts. 1(1), 7(c)
- F7
Words in art. 15(7) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 7(4)
Notes on Part III
Textual amendments
- F1
Arts. 15A, 15B inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 8
- F2
Arts. 15C, 15D inserted (15.12.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 (S.I. 2008/2942), arts. 1(1), 10