Article 37 Cases where claims are not required

United Kingdom

(1)

It is not a condition of entitlement to benefit that a claim be made for it where—

(a)

a member of the forces is discharged on medical grounds; or

(b)

a member of the forces dies whilst serving in the forces.

F1(1A)

It is not a condition of entitlement to an additional multiple injury lump sum F2or an additional lump sum that a claim be made for it and article 38 shall not apply in relation to F3these awards of benefit.

(2)

Notwithstanding paragraph (1), where a member of the forces dies in the circumstances specified in that paragraph leaving an eligible child and either—

(a)

leaves no surviving spouse, civil partner or surviving adult dependant; or

(b)

the child is not living with the surviving spouse, civil partner or surviving adult dependant as the case may be on the date on which the member of the forces died

it is a condition of entitlement to child's payment that a claim is made by or on behalf of the child.

(3)

Paragraph (1)(a) only applies to injury benefit for the injury which caused the member of the forces to be discharged on medical grounds and any injuries arising from that injury or from the same incident that caused that injury.

Annotations

Textual amendments

F1: Art. 37(1A) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 10
F2: Words in art. 37(1A) 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), 12(a)
F3: Words in art. 37(1A) 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), 12(b)