Article 18 Injury to a pair of like parts of the body

United Kingdom

(1)

This article applies where a member of the forces loses, or loses the function of, first one (“the first injury”) and later, in another incident, the other (“the second injury”) of a pair of like parts of the body specified in paragraph (4) and—

(a)

both the injuries are caused by service; and

(b)

an award of injury benefit has been made for the first injury.

(2)

Where paragraph (1) applies—

(a)

the lump sum for the second injury is Y – X;

(b)

any award of guaranteed income payment made for the first injury ceases to have effect; and

(c)

subject to article 14(5) and (6), guaranteed income payment is payable for the second injury as if the lump sum for that injury was for injury to both of the pair of like parts of the body.

(3)

In this article—

(a)

Y is the amount in column (b) of Table 10 of the tariff corresponding with the tariff level specified in column (a) of the relevant table for the loss of both of the pair of like parts of the body; and

(b)

X is the amount in column (b) of Table 10 of the tariff corresponding with the tariff level specified in column (a) of the relevant table for the loss of one of the pair of like parts of the body.

(4)

The pairs of like parts of the body to which this article applies are—

arms or part of an arm,
feet (but not toes),
hands (but not fingers),
kidneys,
legs or part of a leg,
total loss of sight in both eyes,
total loss of hearing in both ears.

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