Article 22 Amount where injury or injuries are described by more than one descriptor - other cases

(1)

This article applies where either paragraph (2) or (3) is satisfied.

(2)

This paragraph applies where—

(a)

one injury or more which is described by more than one descriptor is sustained in or arises from one incident;

(b)

the descriptors of the injury or injuries relate to one or more body zones;

(c)

the relevant percentage for the purpose of calculating the amount of a guaranteed income payment is less than 100%; and

(d)

the descriptor or descriptors which give rise to an entitlement within tariff levels 1 to 11 are in a single body zone.

(3)

This paragraph applies where there are no injuries described by a descriptor which give rise to an entitlement within tariff levels 1 to 11.

(4)

Subject to article 17(2) the amount payable is to be calculated as follows—

(a)

for the first descriptor, 100% of the relevant amount applicable to that descriptor;

(b)

for the second descriptor, 80% of the relevant amount applicable to that descriptor;

(c)

for the third descriptor, 60% of the relevant amount applicable to that descriptor;

(d)

for the fourth descriptor, 40% of the relevant amount applicable to that descriptor;

(e)

for the fifth and subsequent descriptors, 20% of the relevant amount applicable to each descriptor.

(5)

In this article—

(a)

“first descriptor” means the descriptor in relation to which the highest relevant amount would, but for this article, be payable,

(b)

where the same amount is payable for each of two descriptors one is the “first descriptor” and the other is to be the “second descriptor”,

and references to the second, third, fourth, fifth descriptor and subsequent descriptors are to be construed accordingly.