The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006

• Citation: S.I. 2006/1438
• Sections: 18

Section 1 Citation and commencement and interpretation

(1) This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006.

(2) Article 8 of this Order shall come into force on 26th July 2006 and all other articles of this Order shall come into force on 30th June 2006.

(3) In this Order the expression “the principal Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 and, except where the context otherwise requires, a reference to a numbered article or Schedule is a reference to the article or Schedule in the principal Order which bears that number.

Section 2 Amendments to the principal Order

The principal Order shall be amended in accordance with the following provisions.

Section 3 Amendment of article 8 (injury made worse by service) of the principal Order

In article 8(1) after “in each case” insert “service was the predominant cause of the worsening of the injury and”.

Section 4 Amendment of article 10 (injury and death – inclusions) of the principal Order

(1) In article 10(1) after “sustained” insert “or worsened”.

(2) In article 10(1) for “in each case where service is the predominant cause of the injury or death” substitute “in each case where service is the predominant cause of the injury, or the worsening of the injury, or of death”.

(3) For article 10(4) substitute—

(4) Benefit is payable in accordance with this Order to or in respect of a person by reason of an injury sustained, or worsened, or a death occurring—

(a) while travelling from his home or his place of work to the place where an activity referred to in paragraph (1) is to happen or while travelling back again;

(b) where one of the circumstances specified in paragraph (5) applies and where service is the predominant cause of the injury, or the worsening of the injury or death.

(4) For article 10(5) substitute—

(5) The circumstances referred to in paragraph (4)(b) are where the member of the forces—

(a) is travelling from his home or his regular place of work to a place of work which is not his regular place of work or while travelling back again except where the travel is during a period of leave;

(b) is travelling from a place of work which is not his regular place of work to another place of work which is not his regular place of work;

(c) is changing from one regular place of work to another and is travelling from his home or what was his regular place of work to a place of work outside the United Kingdom which is to become his regular place of work or is travelling from what was his regular place of work outside the United Kingdom to his home or to a place of work which is to become his regular place of work; or

(d) is required to reside in accommodation provided by the Ministry of Defence for families of members of the forces at a distance of over 50 miles from his regular place of work and is travelling by a reasonably direct route from that accommodation to that place of work or while travelling back again.

(5) In article 10(6) after “sustained” insert “, or worsened,”.

(6) In article 10(6) after “cause of the injury” insert “, the worsening of the injury,”.

(7) In article 10(7) after “injury,” insert “the worsening of the injury,”.

Section 5 Amendment of article 11 (injury and death – exclusions) of the principal Order

(1) In article 11(b) after “illness” insert “or any associated condition caused by an illness”.

(2) In article 11(b)(iv) before the word “endemic” insert the words “a zoonosis, or is”.

Section 6 Amendment of article 13 (interpretation of Part III) of the principal Order

(1) In article 13(a) before ““first injury”” insert “subject to paragraph (c),”.

(2) After article 13(b) insert—

(c) in a case where more than one injury is sustained in one incident and where article 18 or 19 applies to one or more of the injuries sustained in that incident, for the purposes of the calculation at article 15(2), “first injury” means the injury which would attract the highest relevant amount as described in article 14 and “second injury” and “third injury” shall be construed accordingly.

Section 7 Amendment of article 14 (description of benefits – injury) of the principal Order

(1) In article 14(2)(a) for “shall be regarded as giving” substitute “give”.

(2) In article 14(2)(b) before “in Table 10” insert “subject to paragraphs (8) and (9),”.

(3) In article 14(6) for “amount” substitute “guaranteed income payment”.

(4) After article 14(7) insert—

(8) In the case of an injury to which article 18 applies the relevant amount shall be the amount in article 18(2)(a).

(9) In the case of an injury to which article 19 applies the relevant amount shall be the amount in article 19(4).

Section 8 Amendment of article 20 (temporary awards) of the principal Order

(1) After article 20(3), insert a new paragraph 3A as follows—

(3A) The making of a temporary award does not give rise to a right to—

(a) a reconsideration of the decision under article 45; or

(b) a review of the decision under articles 47 or 48.

(2) In article 20(4)(a) for the words “that injury, guaranteed income payment shall cease to be payable under the temporary award at the end of the period but no amount, either lump sum or guaranteed income payment, paid in accordance with that award is recoverable;” substitute the following—

that injury—

(i) he shall issue a decision refusing to make a permanent award of benefit in favour of the claimant, and

(ii) guaranteed income payment shall cease to be payable under the temporary award at the end of the period but no amount, either lump sum or guaranteed income payment, paid in accordance with that award is recoverable

(3) In article 20(4)(b)(i), for the words “the temporary award becomes a permanent award” substitute the words “he shall issue a decision making a permanent award in favour of the claimant, which award shall take effect”.

Section 9 Amendment of article 27 (amount of bereavement grant) of the principal Order

In article 27(4) for “£20,000” substitute “the amount payable at paragraphs (2) or (3)”.

Section 10 Amendment of article 28 (amount of child’s payment) of the principal Order

After 28(4) insert—

(4A) A child’s payment will be recalculated, in the manner described at paragraph (4B), on the death of a person —

(a) who was a surviving spouse, civil partner or surviving adult dependant of a member or a former member of the forces; and

(b) who has been in receipt of a survivor’s guaranteed income payment; and

(c) where there is no other surviving spouse entitled to a survivor’s guaranteed income payment.

(4B) The child’s payment is to be recalculated—

(a) in accordance with paragraph (4), and

(b) as if the member or former member of the forces had died without leaving a surviving spouse, civil partner or surviving adult dependant, and

the recalculated child’s payment becomes payable on the day after the date on which the death of the surviving spouse, civil partner or surviving adult dependant occurred.

Section 11 Insertion of Part VA to the principal Order

After Part V of the principal Order insert Part VA—

CESSATION OF BENEFIT

Cessation of guaranteed income payment and survivor’s guaranteed income payment on admission to the Royal Hospital, Chelsea

(34A) Any guaranteed income payment and survivor’s guaranteed income payment payable to a former member of the forces will cease to be paid on his admission to the Royal Hospital, Chelsea, as an in-pensioner but may be restored, by the Secretary of State, if the former member of the forces subsequently leaves the hospital.

Section 12 Amendment of article 41 (time for making a claim – physical or mental incapacity) of the principal Order

(1) In Article 41(2)(b), for the words “either article 39(1) or paragraph (1) of this article” substitute the words “article 39 or 40”.

(2) In article 41(2), after the words “instruct a person to make it on his behalf within the period referred to in”, for the words “article 39(1) or paragraph (1)” substitute the words “article 39 or 40”.

Section 13 Amendment of article 43 (decisions) of the principal Order

(1) — In article 43(3), for the words “of his right” substitute the words “of any right that he may have”.

(2) In article 43(3)(b) after the words “to appeal” insert the words “that decision”.

Section 14 Amendment of article 45 (reconsideration) of the principal Order

In article 45(1), for the words “a decision under article 44(1)” substitute the words “a decision, under article 44(1), to make an interim award or a decision, under article 20(1), to make a temporary award,”.

Section 15 Amendment of article 48 (review – exceptional circumstances) of the principal Order

Article 48(5)(b) shall be omitted.

Section 16 Amendment of article 53 (information and medical examination) of the principal Order

For article 53(3) substitute—

(3) In this article, a reference to a claim includes a reference to an application by a claimant for reconsideration under article 45(1) and an application by a claimant for a review under article 47, 48 or 49.

Section 17 Amendment of Schedule 2 (modifications for reserve forces) to the principal Order

After paragraph 2 of Schedule 2 insert—

(2A) In paragraph 2(b) of article 27 for “ AFPS 2005” there is substituted “Reserve Forces Pension Scheme

Section 18 Amendment of Schedule 4 (the Tariff) to the principal Order

For Schedule 4 substitute the following—

THE TARIFF

Table 1 – Burns

Awards for all burns include compensation for any residual scarring or pigmentation.

Awards for deep second degree, third degree or full thickness burns include compensation for actual or expected metabolic or cardiovascular consequences.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 2 – Injury, Wounds and Scarring

When applied to limb injuries the expression “complex injury” means that the injury affects all or most of the following structures: skin, subcutaneous tissues, muscle, bone, blood vessels and nerves.

When applied to limb injuries the expression “with complications” means that the injury is complicated by at least one of septicaemia, osteomyelitis, vascular or neurological injury, avascular necrosis, gross shortening of the limb, mal-united or non-united fracture, or the fact that the claimant has required, or is expected to require a bone or skin graft.

When applied to chest and abdominal (including pelvis) injuries the expression “complex injury” means that there is damage to vital structures and organs including two or more of the following: trachea, lungs, heart, oesophagus, great vessels, diaphragm, chest or abdominal wall, liver, kidneys, spleen or ovaries.

When applied to chest and abdominal (including pelvis) injuries the expression “with complications” means that management of the injury has required two or more of the following: resuscitation, ventilation, thoracic or abdominal drainage or a laparotomy with repair and/or removal of organs and structure.

Any award for injury to limbs, chest or abdomen includes compensation for related scarring and damage to, or removal of structures (including skin, subcutaneous tissue, muscle, bone, blood vessels and nerves).

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 3– Mental disorders

In assessing functional limitation and restriction for mental disorders account shall be taken of psychological, social and occupational function.

Functional limitation and restriction is likely to be severe where symptoms or behaviours include mania, delusions, hallucinations, severe depression with suicidal preoccupations or abnormal rituals.

Mental disorders must be diagnosed by a relevant accredited medical specialist.

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Table 4 – Physical disorders including infectious diseases

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 5 – Amputations

Loss of a finger means that amputation has taken place at the metacarpophalangeal joint.

Loss of a toe means that amputation has taken place at the metatarsophalangeal joint.

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 6– Neurological disorders, including spinal cord, head or brain injuries

An award for brain injury in levels 1, 3 or 4 includes compensation for associated epilepsy.

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Spinal cord injury – the level of spinal cord injury is the lowest intact spinal cord segment. Awards include compensation for long-term neurological consequences, muscle spasms and effects on skin, spine, joints, bladder, bowel and sexual function and the cardiovascular and respiratory systems.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.

The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.

The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 6–8.

The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 9–12.

The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 13–15.

The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 13–15.

Table 7 – senses

For the purposes of the scheme the following definitions apply:“Blindness” means that the claimant must have been diagnosed as being blind by an accredited medical specialist, and have a visual acuity of 3/60 or worse in both eyes; and“Total deafness”, means that the claimant’s bilateral average hearing threshold level is 90 dB or more averaged over 1, 2 and 3 kHz as measured by appropriately calibrated equipment meeting British Standards, and using quality assured pure tone audiometry.

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 8 –Fractures and dislocations

The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000.

An award for an injury in this table includes compensation for any expected consequential osteoarthritis.

Any references to duration of effects in column (b) are from date of injury or onset of illness.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 9 – Muscoskeletal disorders

Award for an injury in this table includes any expected consequential osteoarthritis.

Any references to duration of effects in column (b) are from date of injury or onset of illness.

References to back in this table include cervical, thoracic, lumbar or sacral segments.

Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.

Table 10