Article 47 Review on discharge on medical grounds

United Kingdom

(1)

This article applies where a member of the forces has been awarded injury benefit F1or an additional multiple injury lump sum and is later discharged on medical grounds for the same injury for which F2the injury benefit or additional multiple injury lump sum was awarded.

(2)

Where paragraph (1) applies, the Secretary of State may revise the award of benefit where the injury in respect of which it was awarded has either—

(a)

become worse; or

(b)

caused a further injury to develop

and in both cases—

(i)

the worsening or the development is unexpected and exceptional, and

(ii)

the injury, or the injury and the further injury together, would, on the date of the review attract an amount specified in column (b) of Table 10 of the tariff which is higher than that awarded for the injury.

(3)

The Secretary of State's decision on a review under this article and the reasons for the decision shall be in writing and shall be given or sent to the member of the forces concerned who shall at the same time, be informed of his right—

(a)

to a reconsideration under article 45; and

(b)

to appeal to F3the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

F4(4)

Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the amount of the original award and the amount of the revised award shall be paid.

(5)

For the purposes of paragraph (4), the original award means the amount of the lump sum awarded in the original decision together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that original decision.

Annotations

Textual amendments

F1: Words in art. 47(1) inserted (8.2.2008) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 12(a)
F2: Words in art. 47(1) substituted (8.2.2008) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008 (S.I. 2008/39), arts. 1(1), 12(b)
F3: Words in art. 47(3)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 282
F4: Art. 47(4)(5) 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), 15

Notes on Part VII

Textual amendments

F1: Art. 48A inserted (3.8.2010) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 (S.I. 2010/1723), arts. 1(1), 9 (with art. 12)