Article 74 Interpretation of Part 11

In this Part—

(a)

“original decision” means—

(i)

a decision by the Secretary of State in relation to the descriptor and tariff level for the qualifying injury made in accordance with the provisions of the AFCS 2005; or

(ii)

a decision of an appropriate tribunal, the Upper Tribunal, a Social Security Commissioner or a court revising a decision referred to in paragraph (i).

(b)

“qualifying injury” means an injury or injuries which is described by one descriptor to which an entitlement to injury benefit was determined before 9th May 2011 and—

(i)

injury benefit was paid or payable before that date; or

(ii)

no injury benefit was payable under article 15(2) of the AFCS 2005 because the injury was the fourth or subsequent injury sustained in the same incident.

(c)

“relevant percentage” means the percentage of guaranteed income payment payable;

(d)

“specified injury” means an injury or injuries or the effect of an injury or injuries which is—

(i)

a qualifying injury; and

(ii)

an injury from a category specified in column (a) of the Table in Schedule 5; and

(iii)

the original decision determined that the injury was described by a descriptor in the AFCS 2005 in the table specified in column (b).