The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008

• Citation: S.I. 2008/2160
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008 and shall come into force on 16th September 2008.

(2) In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation) Scheme Order 2005 .

Section 2 Amendment of article 20 of the principal Order (temporary awards)

Article 20 of the principal Order (temporary awards) is amended as follows—

(a) in paragraph (1)(a) after ‘tariff’ insert “in force on the date on which the claim for benefit was made”;

(b) in paragraph (4) before “If the Secretary” insert “Except where paragraph (6) applies”;

(c) after paragraph (4) insert—

(5) Where paragraph (6) applies the Secretary of State shall—

(a) issue a decision making a permanent award of benefit in favour of the claimant, which award shall take effect from the day on which the temporary award was made; and

(b) guaranteed income payment shall continue to be paid in accordance with this Order.

(6) This paragraph applies where the Secretary of State has, in the period since the date on which the claim for benefit was made and before he made a temporary award in respect of that person, amended this Order by —

(a) including an injury of a description which is the same as the injury in respect of which the temporary award was made; and

(b) which is at the same level of the tariff in respect of which the temporary award was made.

Section 3 Amendment of Schedule 4 (the Tariff) to the principal Order

(1) For Tables 1 – 9 of Schedule 4 (the Tariff) to the principal Order substitute—

Table 1 - Burns(*)

Column (a)

Level

Column (b)

Injury

Table 2 – Injury, Wounds and Scarring(*)

Column (a)

Level

Column (b)

Injury

Table 3 - Mental disorders(*)

Column (a)

Level

Column (b)

Injury

Table 4 – Physical disorders including infectious diseases(*)

Column (a)

Level

Column (b)

Injury

Table 5 - Amputations(*)

Column (a)

Level

Column (b)

Injury

Table 6 - Neurological disorders, including spinal cord, head or brain injuries (*)

Column (a)

Level

Column (b)

Injury

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 6-8.

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

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

Table 7 - senses(*)

Column (a)

Level

Column (b)

Injury

Table 8 – Fractures and dislocations(*)

Column (a)

Level

Column (b)

Injury

Table 9 – Muscoskeletal disorders(*)

Column (a)

Level

Column (b)

Injury

(2) Subject to paragraph (3), the revised Schedule 4 to the principal Order shall not apply to any claim made before the coming into force of this Order.

(3) The revised Schedule 4 to the principal Order shall apply to a claim made before the coming into force of this Order where—

(a) the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of the injury for which benefit is claimed; and

(b) the injury or an injury of a description which is the same as the injury in respect of which the temporary award is made and, in either case, which is at the same level of the tariff in respect of which the temporary award is made is included in the revised Schedule 4 to the principal Order.

(4) In this article—

(a) any reference to a ‘claim’ means a claim made in accordance with the principal Order; and

(b) “the revised Schedule 4 to the principal Order” means the Schedule as amended by paragraph (1).