The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

S.I. 2011/517 · Made 23 February 2011 · Extends to United Kingdom

Contents

1. Part 1: PRELIMINARY
2. 1Citation and commencement
3. 2Interpretation
4. 3Definition of “late onset illness”
5. 4Definition of “salary”
6. 5Descriptor, further interpretative provisions
7. 6Service of documents
8. Part 2: THE COMPENSATION SCHEME
9. 7The Compensation Scheme
10. 8Injury caused by service
11. 9Injury made worse by service
12. 10Death caused by service
13. 11Injury and death – exclusions relating to travel, sport and slipping and tripping
14. 12Injury and death – other exclusions
15. 13Modifications of provisions for members or former members of the reserve forces
16. Part 3: BENEFITS PAYABLE FOR INJURY
17. 14Interpretation of Part 3
18. 15Description of benefits - injury
19. 16Injury benefit - general provisions
20. 17Amount of lump sum and supplementary award - general
21. 18Amount where injury or injuries are described by one descriptor
22. 19Amount where 100% guaranteed income payment determined
23. 20Allocation of descriptors to body zones
24. 21Amount where injury or injuries are described by two or more descriptors at tariff level 11 or above in more than one body zone
25. 22Amount where injury or injuries are described by more than one descriptor - other cases
26. 23Recalculation of amount payable following award for additional injury
27. 24Amount of guaranteed income payment
28. 24AAward of armed forces independence payment
29. 24BCessation of entitlement to armed forces independence payment
30. 24COverlapping benefits
31. 24DPayment of armed forces independence payment in respect of Motability
32. 24EPower for the Secretary of State to terminate a Motability arrangement
33. 24FRestriction on duration of Motability arrangements by the Secretary of State
34. 25Injury to a pair of like parts of the body
35. 26Temporary Awards
36. 27Fast payment
37. 28Medical expenses
38. Part 4: BENEFITS PAYABLE FOR DEATH
39. 29Description of benefits - death
40. 30Meaning of “surviving adult dependant”
41. 31Meaning of “eligible child”
42. 32Eligible child - further provisions
43. 33Children born after the death of a member or former member
44. 34Amount of survivor's guaranteed income payment
45. 35Amount of bereavement grant
46. 36Amount of child's payment
47. 37Awards of child's payment - later adjustment
48. 38Children entitled to three or more awards of child's payment
49. Part 5: ADJUSTMENT AND CESSATION OF BENEFIT
50. 39Adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts
51. 40Adjustment in benefit to take account of awards of damages
52. 41Negligence or misconduct
53. 42Cessation of guaranteed income payment and survivor's guaranteed income payment on admission to the Royal Hospital, Chelsea
54. Part 5A: REMEDIABLE SERVICE
55. 42AApplication and interpretation
56. 42BAdjustment and Reconciliation
57. 42CRecovery of Overpayments
58. Part 6: CLAIMS
59. 43Entitlement to benefit dependant on claim
60. 44Manner of making a claim
61. 45Cases where claims are not required
62. 46Date of claim
63. 47Time for making a claim - general
64. 48Time for making a claim - exceptional circumstances
65. 49Time for making a claim - physical or mental incapacity
66. 50Withdrawal or amendment of claim
67. Part 7: ADJUDICATION
68. 51Decisions
69. 52Interim awards
70. 53Reconsideration
71. 54Finality of decisions
72. 55Review - service termination
73. 56Review - exceptional circumstances within 10 years
74. 57Review - final
75. 58Review - award of damages
76. 59Review - ignorance or mistake
77. 60Burden of proof
78. 61Standard of proof
79. 62Evidence
80. 63Information and medical examination
81. Part 8: PAYMENT
82. 64Date on which awards of benefit become payable
83. 65Time of payment
84. 65ATime of payment for armed forces independence payment
85. 66Suspension – appeal from a decision of an appropriate tribunal
86. 67Suspension – appeal from a decision of the Upper Tribunal, a Commissioner or a court
87. 68Suspension in other cases
88. 69Payments on death
89. Part 8A: Invalidity of Assignments and Bankruptcy
90. 69AInvalidity of assignments and bankruptcy
91. Part 9: THIRD PARTIES
92. 70Persons under 18
93. 71Persons who are mentally infirm
94. Part 10: UP-RATING
95. 72Annual up-rating of guaranteed income payment, survivor's guaranteed income payment and child's payment
96. 73Up-rating of relevant salary for the purposes of articles 24, 34 and 36
97. Part 11: ADDITIONAL BENEFIT
98. 74Interpretation of Part 11
99. 75Additional benefit
100. 76Tariff level for a qualifying injury
101. 77Supplementary award, relevant amount and relevant percentage for a qualifying injury
102. 78Award of further lump sum benefit
103. 79Award of additional guaranteed income payment
104. 80Award of guaranteed income payment for a specified injury
105. 81Additional survivor's guaranteed income payment
106. 82Additional child's payment
107. 83Additional bereavement grant
108. Part 12: TRANSITIONAL PROVISIONS, REVOCATIONS AND SAVINGS
109. 84General
110. 85Claims and applications for reconsideration or review made before 9th May 2011
111. 86Decisions made before 9th May 2011
112. 87Decisions revised by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court
113. 88Power to apply provisions in the AFCS 2005 and disapply provisions in this Order
114. 89Time limit for application for reconsideration
115. 90Fast payment and medical expenses
116. 91Review under article 55 (review – service termination)
117. 92Payment of guaranteed income payment
118. 93Payment of survivor's guaranteed income payment and child's payment
119. 94Revocations and savings
120. Signature
121. Schedule 1: MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”
122. Part 1: SUBSTANTIAL RELATIONSHIP
123. 1Paragraph 1
124. 2Paragraph 2
125. Part 2: EXCLUSIVE RELATIONSHIP
126. 3Paragraph 3
127. Schedule 2: MODIFICATIONS FOR RESERVE FORCES
128. 1Modification of article 2 (interpretation)
129. 2Modification of article 4 (definition of “salary”)
130. 3Modification of article 11 (injury and death – exclusions relating to travel, sport and slipping or tripping)
131. 4Modification of article 35 (amount of bereavement grant)
132. 5Modification of article 39 (adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts)
133. 6Paragraph 6
134. Schedule 3: THE TARIFF AND SUPPLEMENTARY AWARDS
135. 1DESCRIPTORS, TARIFF LEVELS AND AMOUNTS - “THE TARIFF”
136. Part 2: SUPPLEMENTARY AWARDS
137. 1Supplementary award following traumatic physical damage
138. 2Other supplementary awards
139. Schedule 4TABLE OF FACTORS
140. Schedule 5CATEGORIES OF SPECIFIED INJURIES
141. Schedule 6: MODIFICATION TO PART 3 FOR THE PURPOSE OF DETERMINING A FURTHER LUMP SUM FOR A QUALIFYING INJURY
142. 1Preliminary
143. 2Modification of article 14 (interpretation of Part 3)
144. 3Modification of article 18 (amount where injury or injuries are described by one descriptor)
145. 4Modification of article 19 (amount where 100% guaranteed income payment determined)
146. 5Modification of article 20 (allocation of descriptors to body zones)
147. 6Modification of article 21 (amount where injury or injuries are described by two or more descriptors at tariff level 11 or above in more than one body zone)
148. 7Modification of article 22 (amount where injury or injuries are described by more than one descriptor – other cases)
149. Schedule 7REVOCATIONS
150. Explanatory note