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

• Citation: S.I. 2011/2552
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 and comes into force on 17th November 2011.

(2) In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and a reference to a numbered article, Table or Schedule is a reference to the article, Table or Schedule in the principal Order which bears that number.

Section 2 Amendments to the principal Order

The principal Order is amended as follows.

Section 3 Amendment to article 11 (injury and death - exclusions)

In article 11(9)(b) after “to” where it appears for the second time insert “or from”.

Section 4 Amendment to article 29 (description of benefits – death)

In article 29—

(a) in paragraph (1)(b)—

(i) after “civil partner” insert “,”;

(ii) omit “or”; and

(iii) after “dependant” insert “, or eligible child”;

(b) after paragraph (5) insert—

(6) A bereavement grant is payable to an eligible child where the deceased does not leave a surviving spouse, civil partner or surviving adult dependant.

Section 5 Amendment to article 35 (amount of bereavement grant)

In article 35—

(a) in paragraph (4)—

(i) after “surviving spouse” on both occasions it appears insert “or eligible child”;

(ii) after “spouses” insert “or eligible children”;

(b) after paragraph (4) insert—

(5) In the case of a bereavement grant payable to an eligible child paragraph (4) applies only where at the time the grant is paid—

(a) a claim for child’s payment has been made by or on behalf of an eligible child; or

(b) the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.

Section 6 Amendment to article 46 (date of claim)

In article 46—

(a) in paragraph (1) for “paragraphs (2) and ” substitute “paragraph”;

(b) omit paragraph (2).

Section 7 Amendment to article 64 (date on which awards of benefit become payable)

In article 64—

(a) for paragraph (4) substitute—

(4) Subject to paragraph (6), an award of survivor’s guaranteed income payment and an award of child’s payment become payable—

(a) on the day following the date of death where—

(i) a member dies in service; or

(ii) a former member dies and a claim for benefit is made within 3 months of the date of death; or

(b) on the date of claim where sub-paragraph (a) does not apply.

(b) in paragraph (8) before “No benefit” insert “Except where paragraph (4)(a)(ii) applies,”.

Section 8 Amendment to Schedule 2 (modifications for the reserve forces)

In paragraph 4 of Schedule 2 in the modified article 35—

(a) in paragraph (3) for “(2)” substitute “(1)”;

(b) in paragraph (5)—

(i) after “surviving spouse” on both occasions it appears insert “or eligible child”; and

(ii) after “spouses” insert “or eligible children”.

(c) after paragraph (5) insert—

(5A) In the case of a bereavement grant payable to an eligible child paragraph (5) applies only where at the time the grant is paid—

(a) a claim for child’s payment has been made by or on behalf of an eligible child; or

(b) the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.

Section 9 Amendment to Schedule 3 (the tariff and supplementary awards)

(1) In Part 1 of Schedule 3—

(a) in item 12 of Table 6 (neurological disorders) for “servere” substitute “severe”;

(b) in Table 8 (fractures and dislocations)—

(i) for item 17 substitute—

(ii) insert in the appropriate place—

(c) in Table 9 (musculoskeletal disorders)—

(i) in item 2 after “arthrodesis” insert “,osteotomy”;

(ii) insert in the appropriate place—

(iii) in item 27 after “Hip” insert “pelvis,”;

(iv) in item 38 omit “Direct”.

(2) In Part 2 of Schedule 3 after paragraph 1(1)(a) insert “and”.

Section 10 Transitional provisions

(1) Subject to paragraph (2), the amendments to the principal Order do not apply to a claim or application for review made before the day this Order comes into force.

(2) The amendments to Tables 8 and 9 in article 9(1)(b) and 9(1)(c) apply to a claim made before the day this Order comes into force where—

(a) the Secretary of State determines (whether before or after the coming into force of this Order) that, following the determination of a claim or application for review, a temporary award in accordance with article 26 should be made;

(b) a descriptor of the injury (in respect of which the temporary award is made) is included in the amendments to Tables 8 and 9; and

(c) the descriptor is at the same level as the temporary award.

(3) Where, pursuant to article 46(2), before the day this Order comes into force—

(a) a claimant or a person acting on the claimant’s behalf requested the Secretary of State to provide information or a claim form for the purpose of claiming benefit, and

(b) a claim is made not more than 3 months after the date of the request,

the date of claim is the date of the request.

(4) In this article—

(a) “claim” means a claim made in accordance with the principal Order;

(b) “application for review” means an application for review pursuant to article 55, 56, 57 or 59.