Article 80 Award of guaranteed income payment for a specified injury

(1)

This article applies where—

(a)

the tariff level for a specified injury is revised under article 76 to within tariff levels 1 to 11; and

(b)

guaranteed income payment was not payable to a former member because no qualifying injury gave rise to an entitlement within tariff levels 1 to 11.

(2)

The Secretary of State is to award a guaranteed income payment in accordance with this article.

(3)

The income benefit is A–B where —

(a)

“A” is the total amount of guaranteed income payment which would have been payable if the annual amount—

(i)

had been determined in accordance with article 24; and

(ii)

had been paid for the period specified in paragraph (4).

(b)

“B” is the adjustment of the annual amount of guaranteed income payment determined in accordance with article 39(3).

(4)

The period referred to in paragraph (3)(a)(ii) is the period—

(a)

commencing with whichever is the later of—

(i)

the day after the former member's service ends; or

(ii)

the date of the claim for injury benefit for the specified injury; and

(b)

ending with whichever is the later of —

(i)

the date of the former member's death; or

(ii)

8th May 2011.