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

• Citation: S.I. 2011/517
• Sections: 123

Section 1 Citation and commencement

This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and comes into force on 9th May 2011.

Section 2 Interpretation

In this Order—

(1) “ the AFCS 2005 ” means the Scheme established by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ;

“ the AFPS 1975 ” means the occupational pension scheme arrangements set out in—

the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 16th December 2010 ;

the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 made on 15th December 2010 ;

the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 15th December 2010 ;

“ the AFPS 2005 ” means the Scheme established in the Armed Forces Pension Scheme Order 2005 ;

“the AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014;

“ accredited medical specialist ” means a medical practitioner whose name is included in the specialist register kept and published by the General Medical Council as required by section 34D of the Medical Act 1983 ;

“ acting rank ” means a rank where a member of the forces is appointed to a post above the member's substantive rank, and is paid at the rate appropriate to the higher rank;

“ additional benefit ” means a benefit specified in article 75(2) and (3);

“ additional lump sum ” means a benefit previously awarded under article 15C of the AFCS 2005;

“ additional multiple injury lump sum ” means a benefit previously awarded under article 15B of the AFCS 2005;

“ appropriate tribunal ” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943 ;

“armed forces independence payment” is the benefit referred to in article 24A;

“ benefit ” means a benefit payable under this Order;

“ bereavement grant ” means the grant referred to in article 29(1)(b);

“ body zone ” is to be construed in accordance with article 20;

“ child's payment ” means the payment referred to in article 29(1)(c) and determined in accordance with article 36;

“ claimant ” means a person who has claimed benefit, a person to whom benefit has been paid and a person affected by any decision of the Secretary of State made under this Order;

“ claim form ” means the form referred to in article 44(b);

“ a Commissioner ” means a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 1943 ;

“constant attendance allowance” means a constant attendance allowance under article 8 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

“ death benefit ” means a benefit referred to in article 29;

“ descriptor ” means a description of an injury in column (b) of Tables 1 to 9 of the tariff, and is to be construed in accordance with article 5;

“ downgraded ” means downgraded for medical reasons as a result of which the person downgraded undertakes a reduced range of duties but retains rank and pay;

“ EDP 2005 Order ” means the Armed Forces Early Departure Payments Scheme Order 2005;

“ eligible child ” has the meaning given in article 31;

“ extra-costs disability benefit ” means personal independence payment under the Welfare Reform Act 2012, disability living allowance or attendance allowance under the Social Security Contributions and Benefits Act 1992, Child Disability Payment given by virtue of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , Adult Disability Payment given by virtue of the Disability Assistance for Working Age People (Scotland) Regulations 2022, Pension Age Disability Payment given by virtue of the Disability Assistance for Older People (Scotland) Regulations 2024, Scottish Adult Disability Living Allowance given by virtue of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, or any equivalent benefit awarded under corresponding Northern Ireland legislation or under the legislation of another country or dependent territory;

“ fast payment ” means the benefit referred to in article 27;

“ final decision ” means a decision referred to in article 54;

“ forces ” means the armed forces and the reserve forces;

“ former member ” means a former member of the forces;

“ the FTRSPS 2010 ” means the occupational pension scheme for members of the Full-Time Reserve Service established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996 ;

“guaranteed income payment” is the payment referred to in article 15(1)(c) and determined in accordance with article 24;

“ Gurkha Pension Scheme ” means the Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949) ;

“ ill-health pension ” means a pension paid under —

rules D1 and D7 (where the ill-health condition is met) of the instruments referred to in the definition of the AFPS 1975;

rule D5 or D6 of the AFPS 2005; ...

provisions in the FTRSPS 2010, the Gurkha Pension Scheme, the NRPSPS or the RFPS 2005 equivalent to a pension specified in sub-paragraph (a) or (b) above; or

( Chapter 3 of Part 5 of the AFPS 2015;

“ illness ” means a physical or mental disorder included either in the International Statistical Classification of Diseases and Related Health Problems or in the Diagnostic and Statistical Manual of Mental Disorders ;

“ injury ” includes illness except in relation to determining eligibility for a fast payment in article 27(1)(a);

“ injury benefit ” means a lump sum, a supplementary award and guaranteed income payment;

“ interim award ” means an award under article 52(1);

“lump sum”, except in the expressions “additional lump sum” and “additional multiple injuries lump sum”, means the sum referred to in article 15(1)(a) and determined in accordance with article 16(3);

“ medical expenses ” means the expenses referred to in article 28;

“member” member means a member of the forces;

“mobility supplement” means a mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

“ Motability ” means the company set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter;

“ the NRPSPS ” means the occupational pension scheme for members of the Non-Regular Permanent Staff set out in Chapter 9 of the Territorial Army Regulations 1978 made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;

“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;

“ predominant ” means more than 50%;

“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022;

“ remedy member ” means a member with remediable service;

“ the RFPS 2005 ” means the occupational pension scheme for members of the reserve forces established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;

“ service ” means service as a member of the forces;

“ Service Personnel and Veterans Agency ” means an office designated by the Secretary of State for the purpose of receiving and determining applications for benefit;

“ substantial and exclusive relationship ” is to be construed in accordance with Schedule 1;

“ supplementary award ” means an award referred to in article 15(1)(b) and determined in accordance with article 16(5) and Part 2 of Schedule 3;

“ surviving adult dependant ” has the meaning given in article 30;

“survivor's guaranteed income payment” is the payment referred to in article 29(1)(a) and determined in accordance with article 34;

“ tariff ” means the tables of injuries and amounts set out in Part 1 of Schedule 3;

“ tariff level ” means the level of the tariff specified in column (a) of Tables 1 to 10 of Part 1 of Schedule 3;

“ temporary award ” means an award referred to in article 26.

(2) In this Order, any reference to claiming a benefit or to a claim—

(a) is to be treated as including a case where, by virtue of article 45, it is not a condition of entitlement to benefit that a claim be made;

(b) in the case of a claim for injury benefit, means a claim for one injury even where claims for more than one injury are made on the same claim form.

(3) In this Order, a person is “discharged on medical grounds” if the discharge is on the grounds that the person is medically unfit to continue in service, and as a result is entitled to an ill-health pension.

Section 3 Definition of “late onset illness”

A “late onset illness” is—

(a) a malignancy, or other physical disorder which is capable of being caused by an occupational exposure occurring 7 or more years before the onset of the illness or the date of death as the case may be;

(b) a mental disorder which is capable of being caused by an incident occurring 7 or more years before the onset of the illness; or

(c) a mental disorder capable of being caused by an incident occurring less than 7 years before the date of onset of the illness, which disorder is capable of causing the person suffering from it to be unable to seek medical help for the disorder within 7 years of the date of onset of the illness.

Section 4 Definition of “salary”

(1) Subject to the following provisions of this article, in this Order “ salary ”, in relation to a member or former member in respect of whom benefit is payable, means—

(a) basic pay payable at the rate for a person of the member's substantive rank, or acting rank as the case may be, and seniority; and

(b) any other amount if and to the extent that the Defence Council have determined that it is to be treated as salary.

(2) Subject to paragraph (1)(b), “ salary ” does not include—

(a) any allowances; or

(b) any additional amounts payable in respect of particular qualifications or duties (including payable to medical or dental officers), the location of service or the conditions in which service is temporarily performed.

(3) “ Salary ” does not include any description of payment that the Secretary of State has determined is not to be treated as salary.

(4) In relation to a member or former member who is (or was) serving on flexible terms for any period, the amounts to be used for any calculation under this article in respect of that period of flexible service are to be determined as though the member or former member had not served on flexible terms for that period.

(5) In this article—

“flexible service” means one or both of the following types of service—

part-time service;

restricted separation service,

and references to a member serving on flexible terms must be construed accordingly;

“part-time service” means—

for enlisted members, a period of service where the member is serving in accordance with an arrangement provided for in regulations made under section 329(2)(ha) of the Armed Forces Act 2006;

for members who are officers, a period of service on equivalent terms of service;

“restricted separation service” means—

for enlisted members, a period of service where the member is serving in accordance with an arrangement which does not restrict the member’s service in a particular area but does make it subject to other geographic restrictions provided for in regulations made under s329(2)(i) of the Armed Forces Act 2006;

for members who are officers, a period of service on equivalent terms of service.

Section 5 Descriptor, further interpretative provisions

(1) Subject to article 25, a descriptor is to be construed as encompassing the expected effects of the primary injury and its appropriate clinical management, short of a discrete diagnosable disorder, including, but not limited to—

(a) pain and suffering due to the primary injury;

(b) the effect of operative intervention, including pain, discomfort and scarring;

(c) the effect of therapeutic drug treatment;

(d) the use of appropriate aids and appliances;

(e) associated psychological effects short of a discrete diagnosable disorder.

(2) The effects described in paragraph (1) include the effects both on directly damaged and indirectly affected body structures.

(3) The term “ functional limitation or restriction ” in relation to a descriptor means that, as a result of an impairment arising from the primary injury or its effects, a person—

(a) has difficulty in executing a task or action; or

(b) is required to avoid a task or action because of the risk of recurrence, delayed recovery, or injury to self or others.

(4) Subject to paragraph (5), a reference in a descriptor to duration of effects means from the date of injury.

(5) In Tables 3 and 4 of the tariff a reference in a descriptor to duration of effects means from the date the claimant first sought medical advice in respect of the mental or physical disorder.

(6) Functional limitation or restriction is to be assessed by—

(a) taking account of the primary injury and its effects; and

(b) making a comparison between the limitation and restriction of the claimant and the capacity of a healthy person of the same age and sex who is not injured or suffering a health condition.

(7) Functional limitation or restriction is —

(a) “permanent” where following appropriate clinical management of adequate duration—

(i) an injury has reached steady or stable state at maximum medical improvement; and

(ii) no further improvement is expected; and

(b) “significant” where the functional limitation or restriction has an extensive effect.

(8) The term “operative treatment” means surgical intervention intended to investigate or treat but excludes insertion of sutures under local anaesthetic, acupuncture, facet or other joint injection or minor dental procedure.

Section 6 Service of documents

Where under this Order—

(a) any notice or other document is required to be given or sent to the Service Personnel and Veterans Agency, that notice or document is to be treated as having been given or sent on the day it is received by that Agency; and

(b) any notice or other document is required to be given or sent to any person, that notice or document, if sent by post to that person's last known address, is to be treated as having been given or sent on the day that it was posted.

Section 7 The Compensation Scheme

(1) The Compensation Scheme set out in this Order is to be known as the Armed Forces and Reserve Forces Compensation Scheme 2011.

(2) Subject to paragraph (3), the rules of the Scheme are to be construed without reference to any other scheme applicable to the armed forces.

(3) Paragraph (2) does not apply where this Scheme—

(a) re-enacts the provisions of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005; or

(b) makes express reference to any other scheme.

Section 8 Injury caused by service

(1) Subject to articles 11 and 12, benefit is payable to or in respect of a member or former member by reason of an injury which is caused (wholly or partly) by service where the cause of the injury occurred on or after 6th April 2005.

(2) Where injury is partly caused by service, benefit is only payable if service is the predominant cause of the injury.

Section 9 Injury made worse by service

(1) Subject to articles 11 and 12, benefit is payable to or in respect of a former member of the forces by reason of an injury made worse by service if the injury—

(a) was sustained before the member entered service and was recorded in the report of the medical examination when the member entered service,

(b) was sustained before the member entered service but without the member's knowledge and the injury was not found at that examination, or

(c) arose during service but was not caused by service,

and in each case service on or after 6th April 2005 was the predominant cause of the worsening of the injury.

(2) Benefit is only payable under paragraph (1) if the injury has been worsened by service and remains worsened by service on—

(i) the day on which the member's service ends; or

(ii) the date of claim if that date is later.

(3) Subject to paragraph (4), in the case of paragraph (1)(a) and (b), benefit is only payable if—

(a) the member or former member was downgraded within the period of 5 years starting on the day on which the member entered service;

(b) the downgrading lasted for a period of at least 6 months (except where the member was discharged on medical grounds within that period);

(c) the member or former member remains continually downgraded until service ends; and

(d) the worsening was the predominant cause of the downgrading.

(4) In the case of paragraph (1)(a) or (1)(b), benefit is not payable if the injury is worsened—

(a) within 6 months of the day service commenced; or

(b) 5 years or more after that day.

(5) In the case of paragraph (1)(c), benefit is only payable if the member—

(a) was downgraded within the period of 5 years starting on the day on which the member sustained the injury and remains continually downgraded until service ends; and

(b) the worsening was the predominant cause of the downgrading.

Section 10 Death caused by service

(1) Subject to articles 11 and 12, benefit is payable in respect of a member or former member by reason of the death of the member or former member where—

(a) the death was caused (wholly or partly) by service;

(b) the cause of the death occurred on or after 6th April 2005; and

(c) one of the conditions specified in paragraph (3) is satisfied.

(2) Where the death is partly caused by service, benefit is only payable if service is the predominant cause of the death.

(3) The conditions referred to in paragraph (1) are that the death—

(a) occurred in service;

(b) occurred within the period of 7 years beginning with the day on which service ends and was caused by—

(i) an injury which was caused by service; or

(ii) the worsening by service of an injury which existed before or arose during service and which was not caused by service; or

(c) occurred more than 7 years after the day on which service ends and—

(i) the death is caused by a late onset illness which was caused by service; or

(ii) the predominant cause of the death is an injury for which an award of injury benefit has been made which gave rise to an entitlement within tariff levels 1 to 9 (inclusive).

Section 11 Injury and death – exclusions relating to travel, sport and slipping and tripping

(1) Except where paragraph (2) or (9) apply, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by travel from home to place of work or during travel back again.

(2) This paragraph applies where the travel referred to in paragraph (1) is—

(a) from the member's home or place of work to the place where an activity referred to in paragraph (6) is happening or during travel back again; or

(b) from home or place of work where a member is changing a place of work in the United Kingdom to a place of work outside the United Kingdom or during travel back again.

(3) Except where paragraph (4) or (9) applies , benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by that member slipping, tripping or falling.

(4) This paragraph applies where the member was participating in one of the following activities in pursuance of a service obligation—

(a) activity of a hazardous nature;

(b) activity in a hazardous environment; or

(c) training to improve or maintain the effectiveness of the forces.

(5) Except where paragraph (6) or (9) apply, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by participation in sporting activity as—

(a) a player;

(b) a referee;

(c) an organiser or a representative of a particular sport or sporting organisation.

(6) This paragraph applies where—

(a) the Defence Council have approved the sport or sporting activity as being a sport which enhances the fitness, initiative and endurance of members of the forces, and prior to the event, the relevant Service has recognised the particular sporting event and the organisation and training for it; or

(b) the sporting activity is approved by the Defence Council which is undertaken for the purpose of meeting and maintaining the physical standards required of members of the forces.

(7) For the purposes of paragraph (6)(a), the Defence Council may approve a single sport or sporting activity or a class of such activities and may approve such activities unconditionally or subject to any specified condition.

(8) Except where paragraph (9) applies, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by reason of—

(a) attendance at a social event unless attendance was required by an order; or

(b) free time or a social event associated with the activities specified in paragraph (5).

(9) This paragraph applies where the injury, the worsening of the injury or death was caused (wholly or partly) by reason of—

(a) acts of terrorism or other warlike activities in each case directed towards the person as a member of the forces as such; or

(b) the member being called out to and travelling to or from an emergency.

(10) In this article—

(a) “ home ” means accommodation, including service accommodation, in which a member has lived or is expected to live for 3 or more months, and a member may have more than one home;

(b) “ place of work ” means the place of work to which a member is assigned or temporarily attached;

(c) “ sporting activity ” includes an adventurous course or an adventurous expedition approved by the Defence Council.

Section 12 Injury and death – other exclusions

(1) Benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or predominantly ) by—

(a) the use or effect of tobacco;

(b) the consumption of alcohol;

(c) the non-therapeutic use of drugs;

(d) consensual sexual activity;

(e) except where article 9 applies, events, experiences, exposures and activities occurring before the member or former member entered service;

(f) an illness which is—

(i) caused by a single gene defect or is predominantly hereditary in origin;

(ii) a personality disorder;

(iii) an endogenous infection; or

(iv) an exogenous infection; or

(g) a self-inflicted injury whether or not causing death except where the self-inflicting of injury is a result of a mental illness caused by service.

(1A) Paragraph (1)(f)(iv) does not apply where—

(a) an exogenous infection is acquired in a non-temperate region and the person infected has been exposed to it in the course of service; or

(b) in a temperate region, there has been an outbreak of an exogenous infection in service accommodation or in a workplace.

(2) Where a person is in receipt of any retired pay, pension, allowance or other continuing benefit awarded under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 in respect of a disablement or death—

(a) that disablement shall not be accepted as an injury, or worsening of injury, caused wholly or predominantly by service for the purposes of this Order;

(b) that death shall not be accepted as caused wholly or predominantly by service for the purposes of this Order.

(3) For the purposes of this article—

(a) “exogenous infection” means an infectious or contagious disease spread by person to person contact;

(b) an outbreak of an exogenous infection means the occurrence of cases of such infection in excess of what would normally be expected in a particular community, geographical area or season.

Section 13 Modifications of provisions for members or former members of the reserve forces

Schedule 2 has effect for the modification of certain provisions of this Order in relation to the reserve forces.

Section 14 Interpretation of Part 3

(1) In Part 3—

(a) any reference to an amount specified in column (b) of Table 10 of the tariff means the amount specified in that column on the relevant date .

(b) “ relevant amount ” has the meaning given in article 16(6), and any reference to a relevant amount applicable to a descriptor is to be construed accordingly.

(c) “ relevant percentage ” means the percentage of guaranteed income payment payable determined in accordance with article 24(3) and (4).

(2) In this article, “relevant date” in relation to an injury benefit has the meaning given by paragraphs (3) to (6).

(3) Subject to the following paragraphs, “relevant date” means the date on which the claim for the injury benefit was made under article 46(1) or is treated as made under article 46(3) (as the case may be).

(4) Where a decision concerning the injury benefit is made in respect of which conditions A and B are satisfied, “relevant date” means the date of the decision or, where more than one such decision is made, the date of whichever decision is later.

(5) Condition A is satisfied if the decision revises an earlier decision by—

(a) awarding benefit where no award of benefit was made in the earlier decision;

(b) changing the descriptor awarded so that the new descriptor is at a tariff level which is higher than the tariff level awarded for the injury in the earlier decision; or

(c) describing the injury or the further injury by an additional descriptor.

(6) Condition B is satisfied if the decision is—

(a) a decision by the Secretary of State under article 55, 56, 57 or 59;

(b) a decision by the Secretary of State under article 53 following a reconsideration of a decision referred to in paragraph (6)(a); or

(c) a decision by an appropriate tribunal, the Upper Tribunal, a Commissioner, or a court which revises a decision referred to in paragraph (6)(a) or (b).

Section 15 Description of benefits - injury

(1) Benefits payable for injury are—

(a) a lump sum;

(b) a supplementary award;

(c) a guaranteed income payment payable until death;

(ca) armed forces independence payment;

(d) a fast payment; and

(e) medical expenses.

(2) Schedule 3 has effect for the purpose of determining—

(a) the descriptor;

(b) the tariff level;

(c) the amount of a lump sum;

(d) the conditions relating to payment of a supplementary award; and

(e) the amount of a supplementary award.

Section 16 Injury benefit - general provisions

(1) Subject to articles 25 and 26—

(a) benefit for injury is payable only in respect of an injury for which there is a descriptor;

(b) where an injury may be described by more than one descriptor, the descriptor is that which best describes the injury and its effects for which benefit has been claimed; and

(c) more than one injury may be described by one descriptor.

(2) In Tables 1 to 9 of the tariff the descriptors give rise to entitlement at the corresponding tariff level.

(3) Subject to paragraph (4), the amount specified in column (b) of Table 10 of the tariff is the amount of the lump sum in relation to the corresponding tariff level referred to in column (a).

(4) In the case of an injury to which article 25 (injury to a pair of like body parts) applies, the lump sum is the amount calculated in accordance with article 25(3)(a).

(5) A supplementary award is payable in addition to a lump sum where an injury or the effect of an injury is—

(a) specified in Part 2 of Schedule 3; and

(b) the conditions specified in that Part are satisfied.

(6) The relevant amount is the amount of—

(a) the lump sum determined in accordance with paragraph (3); and

(b) a supplementary award, if payable, added to the lump sum for the descriptor which gives rise to that award.

(7) Guaranteed income payment is payable only in respect of injuries giving rise to an entitlement within tariff levels 1 to 11 and is to be determined in accordance with article 24.

(8) Subject to article 79(2), a person is only entitled to one guaranteed income payment regardless of the number of injuries which are sustained.

(9) If a person has sustained more than one injury in separate incidents the guaranteed income payment which is payable is the highest such payment which has been awarded.

(10) Guaranteed income payment is not payable until the day after the day on which the service of the member to whom it was awarded ends, and no such payment is payable in respect of any period before that day.

Section 17 Amount of lump sum and supplementary award - general

(1) The amount payable for an injury is—

(a) the relevant amount, or

(b) a percentage of the relevant amount,

determined in accordance with articles 18 to 23, whichever is applicable to the case.

(2) The total amount of lump sum and supplementary award payable for all injuries sustained in, or arising from, one incident is not to exceed the amount specified in column (b) of Table 10 of the tariff for an injury at tariff level 1.

(3) Subject to article 25, where paragraph (4) applies no account is to be taken of a lump sum or supplementary award paid for an injury or injuries sustained in any other incident.

(4) This paragraph applies where—

(a) a member sustains an injury in more than one incident; and

(b) in each case the injury is caused by service.

(5) Where paragraph (4) applies, guaranteed income payment is payable with reference to the tariff level determined on each occasion, but subject to article 16(8) and (9).

Section 18 Amount where injury or injuries are described by one descriptor

Subject to article 17(2), where one injury or more which is described by one descriptor is sustained in or arises from one incident, the amount payable is the relevant amount applicable to that descriptor.

Section 19 Amount where 100% guaranteed income payment determined

(1) This article applies where—

(a) one injury or more which is described by more than one descriptor is sustained in or arises from one incident;

(b) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment is 100%.

(2) Subject to article 17(2), the amount payable is the total of the relevant amount applicable to each descriptor.

Section 20 Allocation of descriptors to body zones

(1) This article applies where—

(a) one injury or more which is described by more than one descriptor is sustained in or arises from one incident;

(b) the relevant percentage for the purpose of calculating the amount of guaranteed income payment is less than 100%; and

(c) one injury or more is described by two or more descriptors tariff levels 1 to 11.

(2) Each injury or injuries which is described by a separate descriptor is to be allocated to one of the body zones specified in paragraph (6).

(3) The amount payable is to be calculated in accordance with article 21 or 22, whichever is applicable to the case.

(4) Subject to paragraph (5), where one or more injuries described by one descriptor extend to more than one body zone the descriptor is to be allocated to the body zone predominantly affected by the injury.

(5) Where benefit is payable for burns and is described by a descriptor in Table 1 of the tariff, the descriptor is to be allocated to the body zone which has the highest percentage of affected body surface area.

(6) The body zones are as follows —

(a) “head and neck” which includes injury to the brain, skull, face, jaw, organs of the mouth and nose, cervical bony and spinal structures and thyroid;

(b) “torso” which includes injury to the abdomen, including wall, peritoneum and structural contents, bony pelvis, pelvic floor and structural contents, perineum and external male and female genitalia, bony thorax, chest wall, pleura and structural contents, thoracic, lumbar, sacral and coccygeal bony and spinal structures;

(c) “upper and lower limbs” which includes—

(i) injury to all structures from the shoulder, including scapula and clavicle, to the tips of hand digits (upper limbs);

(ii) injury to the buttocks and groin, and from the head of the femur to the tips of toes (lower limbs);

(d) “senses” which means an injury which is described by a descriptor in Table 7 of the tariff;

(e) “mental health” which means an injury which is described by a descriptor in Table 3 of the tariff.

(7) References to all the parts of the body in paragraph (6) include associated nerves, arteries, veins and lymphatic structures.

Section 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

(1) This article applies where—

(a) one or more injury which is described by more than one descriptor is sustained in or arises from one incident;

(b) the descriptors of the injury or injuries relate to two or more body zones;

(c) there is at least one descriptor which gives rise to an entitlement within tariff levels 1 to 11 in each of two or more body zones; and

(d) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment is less than 100%.

(2) Subject to article 17(2) the amount payable is to be calculated as follows—

(a) for the first body zone, 100% of the relevant amount applicable to each descriptor in that body zone;

(b) for the second body zone, 80% of the relevant amount applicable to each descriptor in that body zone;

(c) for the third body zone, 60% of the relevant amount applicable to each descriptor in that body zone;

(d) for the fourth body zone, 40% of the relevant amount applicable to each descriptor in that body zone;

(e) for the fifth body zone, 20% of the relevant amount applicable to each descriptor in that body zone.

(3) In this article—

(a) “ first body zone ” means the body zone in relation to which the highest relevant amount would, but for this article, be payable,

(b) where the same amount is payable for each of two body zones one is the “first body zone” and the other is to be the “second body zone”,

and references to the second, third, fourth and fifth body zone are to be construed accordingly.

Section 22 Amount where injury or injuries are described by more than one descriptor - other cases

(1) This article applies where either paragraph (2) or (3) is satisfied.

(2) This paragraph applies where—

(a) one injury or more which is described by more than one descriptor is sustained in or arises from one incident;

(b) the descriptors of the injury or injuries relate to one or more body zones;

(c) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment is less than 100%; and

(d) the descriptor or descriptors which give rise to an entitlement within tariff levels 1 to 11 are in a single body zone.

(3) This paragraph applies where there are no injuries described by a descriptor which give rise to an entitlement within tariff levels 1 to 11.

(4) Subject to article 17(2) the amount payable is to be calculated as follows—

(a) for the first descriptor, 100% of the relevant amount applicable to that descriptor;

(b) for the second descriptor, 80% of the relevant amount applicable to that descriptor;

(c) for the third descriptor, 60% of the relevant amount applicable to that descriptor;

(d) for the fourth descriptor, 40% of the relevant amount applicable to that descriptor;

(e) for the fifth and subsequent descriptors, 20% of the relevant amount applicable to each descriptor.

(5) In this article—

(a) “ first descriptor ” means the descriptor in relation to which the highest relevant amount would, but for this article, be payable,

(b) where the same amount is payable for each of two descriptors one is the “first descriptor” and the other is to be the “second descriptor”,

and references to the second, third, fourth, fifth descriptor and subsequent descriptors are to be construed accordingly.

Section 23 Recalculation of amount payable following award for additional injury

(1) This article applies where—

(a) a claim for injury benefit (“the first claim”) has been determined and injury benefit awarded;

(b) in the circumstances specified in paragraph (2) a further determination is made in relation to an injury sustained in the same incident, or an injury consequential to an injury sustained in that incident; and

(c) the decision following the further determination—

(i) changes a descriptor for an injury;

(ii) awards an additional descriptor; or

(iii) awards a supplementary award.

(2) The circumstances referred to in paragraph (1)(b) are—

(a) a further claim is made for injury benefit for another injury, or an injury consequential to an injury sustained in the same incident as the first claim; or

(b) the decision on the first claim or the further claim is revised following a reconsideration under article 53, or a review under article 55, 56, 57 or 59.

(3) Subject to paragraph (4), the amount of lump sum and any supplementary award payable following the further claim, reconsideration or review is to be re-determined in accordance with article 19, 21 or 22, whichever is applicable to the case.

(4) Where the amount awarded following a re-determination of benefit payable for all injuries sustained in one incident, or consequential to an injury sustained in that incident is increased, account is to be taken of the amount of benefit already paid, and, subject to article 17(2), only the difference between an earlier award and a later award is payable.

Section 24 Amount of guaranteed income payment

(1) The annual amount of guaranteed income payment is the relevant percentage of the base figure.

(2) The base figure is calculated by multiplying the relevant salary by the relevant factor.

(3) Subject to paragraph (4), the relevant percentage is—

(a) 100% where a descriptor gives rise to entitlement at tariff level 1, 2, 3 or 4 (band A);

(b) 75% where a descriptor gives rise to entitlement at tariff level 5 or 6 (band B);

(c) 50% where a descriptor gives rise to entitlement at tariff level 7 or 8 (band C); and

(d) 30% where a descriptor gives rise to entitlement at tariff level 9, 10 or 11 (band D).

(4) Where an award for an injury sustained in or arising from one incident is described by—

(a) one descriptor, “the relevant percentage” is determined in accordance with paragraph (3);

(b) more than one descriptor and the first and second descriptors are specified—

(i) in the same band, “the relevant percentage” is the percentage specified in the band immediately above the band in which the descriptors are specified (except where the descriptors are specified in band A in which case “the relevant percentage” is 100%);

(ii) in different bands, “the relevant percentage” is the percentage specified in the band in which the descriptor which gives rise to an entitlement to the highest tariff level is specified.

(5) Where the Secretary of State makes a re-determination under article 23(3) and as a result, the first descriptor is at a higher tariff level than it was before the re-determination, the Secretary of State is to re-determine the relevant percentage in accordance with paragraphs (3) and (4).

(6) In this article—

(a) “the first and second descriptors” mean the descriptors which give rise to an entitlement to the highest tariff levels;

(b) “the relevant salary” is, subject to paragraph (7), the salary of a member on the day on which the member's service ends or in the case of a former member, the salary on that day up-rated for inflation to the date of claim;

(c) “the relevant factor” is the figure specified in column (b) of the Table in Schedule 4 in relation to the relevant age specified in column (a); and

(d) “the relevant age” is the age of the member on the day on which service ends or, in the case of a former member, the date of claim.

(7) Where one or more of the injuries which gives rise to an entitlement to guaranteed income payment was sustained in an incident which occurred on a day when the member or former member, as the case may be, held acting rank, the relevant salary is whichever is the higher of—

(a) the salary specified in paragraph (6)(b); or

(b) the actual salary of the member on the day of the incident.

(8) Up-rating a former member's salary for inflation for the purposes of determining “the relevant salary” under this article is to be carried out in accordance with article 73.

Section 24A Award of armed forces independence payment

(1) This article applies where the following conditions are satisfied—

(a) the person has made a valid claim for an award under this article in accordance with Part 6;

(b) the person becomes and remains entitled to an annual amount of guaranteed income payment in respect of which the relevant percentage under article 24(3) or (4) is 50% or greater; and

(c) at all times on or after the date of an award of guaranteed income payment, the person has no outstanding claim or appeal for, nor is in receipt of, an extra-costs disability benefit.

(2) The Secretary of State is to award an allowance to be known as armed forces independence payment.

(3) The amount of the allowance is to be £187.45 per week .

Section 24B Cessation of entitlement to armed forces independence payment

Entitlement of a person to armed forces independent payment will cease upon either of the conditions in article 24A(1)(b) or (c) failing to remain satisfied, but the person may make another claim.

Section 24C Overlapping benefits

Where there is payable to a person, in respect of a period, armed forces independence payment and—

(a) extra-costs disability benefit;

(b) constant attendance allowance; or

(c) mobility supplement,

there shall be deducted from the armed forces independence payment the aggregate amount of such benefit, allowance or supplement and only the balance, if any, is to be paid.

Section 24D Payment of armed forces independence payment in respect of Motability

(1) This article applies where—

(a) armed forces independence payment is payable in respect of a claimant, and

(b) under arrangements made or negotiated by Motability, an agreement has been entered into by, or on behalf of, the claimant for the hire or hire-purchase of a vehicle.

(2) Where this article applies the Secretary of State may arrange that out of any armed forces independence payment an amount of up to £77.05 per week be paid on behalf of the claimant in settlement of liability for payments due under the agreement.

(3) Subject to articles 24E and 24F, an arrangement made by the Secretary of State under paragraph (2) terminates at the end of the relevant period specified in paragraph (4), in the case of hire, or paragraph (5), in the case of a hire-purchase agreement.

(4) In the case of hire, the relevant period is—

(a) where the vehicle is returned to the owner at or before expiry of the term of hire, the period of the term; or

(b) where the vehicle is retained by, or on behalf of, the claimant with the owner's consent after expiry of the term of hire, the period of the term; or

(c) where the vehicle is retained by, or on behalf of, the claimant otherwise than with the owner's consent after the expiry of the term of hire or its earlier termination, whichever is the longer of the following periods—

(i) the period ending with the return of the vehicle to the owner; or

(ii) the period of the term of hire.

(5) In the case of a hire-purchase agreement, the relevant period is—

(a) the period ending with the purchase of the vehicle; or

(b) where the vehicle is returned to, or repossessed by, the owner before the completion of the purchase, the original period of the agreement.

Section 24E Power for the Secretary of State to terminate a Motability arrangement

The Secretary of State may terminate an arrangement under article 24D(2) on such date as the Secretary of State decides—

(a) if requested to do so by the owner of the vehicle, or

(b) if it appears to the Secretary of State that the arrangement is causing undue hardship to the claimant and that it should be terminated earlier than provided for by article 24D(3).

Section 24F Restriction on duration of Motability arrangements by the Secretary of State

The Secretary of State must terminate an arrangement under article 24D(2) where the Secretary of State is satisfied that—

(a) the vehicle has been returned to the owner, and

(b) the expenses of the owner arising out of the hire or hire–purchase agreement have been recovered following the return of the vehicle.

Section 25 Injury to a pair of like parts of the body

(1) This article applies where a member loses, or wholly loses the function of, first one (“the first injury”) and later, in another incident, the other (“the second injury”) of a pair of like parts of the body specified in paragraph (5) and—

(a) both the injuries are caused by service; and

(b) an award of injury benefit has been made for the first injury.

(2) The descriptor for the second injury is to be the descriptor for the loss of both of the pair of like parts of the body.

(3) Where paragraph (1) applies—

(a) the lump sum for the second injury is Y–X;

(b) any award of guaranteed income payment made for the first injury ceases to have effect; and

(c) subject to article 16(8) and (9), guaranteed income payment is payable for the second injury as if the tariff level for that descriptor is determined in accordance with paragraph (2).

(4) In this article—

(a) Y is the amount specified in column (b) of Table 10 of the tariff corresponding with the tariff level specified in column (a) of the relevant Table for the descriptor for loss of both of the pair of like parts of the body; and

(b) X is the combined total of all previous awards of lump sum, supplementary award, additional multiple injury lump sum and additional lump sum paid for the loss of one of the pair of like parts of the body.

(5) The pairs of like parts of the body to which this article applies are—

(a) arms or part of an arm;

(b) feet (but not toes);

(c) hands (but not fingers);

(d) kidneys;

(e) legs or part of a leg;

(f) total loss of sight in both eyes; and

(g) total loss of hearing in both ears.

Section 26 Temporary Awards

(1) This article applies where the Secretary of State considers that—

(a) a person has sustained an injury of a description for which no provision is made in the tariff in force on the date—

(i) on which the claim for benefit was made; or

(ii) of an application for a review under articles 55, 56, 57 or 59;

(b) that the injury is sufficiently serious to warrant an award of injury benefit; and

(c) that injury is listed in the International Statistical Classification of Diseases and Related Health Problems or in the Diagnostic and Statistical Manual of Mental Disorders .

(2) The Secretary of State is to make a temporary award in respect of that person relating to the level of the tariff which the Secretary of State considers appropriate for that injury.

(3) The amount of the lump sum payable under a temporary award is the amount which would have been payable had a descriptor been included in the tariff at the tariff level which the Secretary of State considers appropriate for the injury.

(4) Where guaranteed income payment is payable under a temporary award, the amount payable is that which would have been payable had the descriptor been included in the tariff at the tariff level which the Secretary of State considers appropriate for the injury.

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

(a) a reconsideration of the decision under article 53; or

(b) a review of the decision under article 55, 56 or 57.

(6) Except where paragraph (7) applies, if the Secretary of State—

(a) does, within the period of 1 year starting with the date on which the temporary award is given or sent to the claimant, amend this Order by including a descriptor which describes the injury and is at the same tariff level for which the temporary award is made—

(i) a decision is to be issued making a permanent award in favour of the claimant, which takes effect on the day on which the amending Order comes into force; and

(ii) guaranteed income payment is to continue to be paid in accordance with this Order; or

(b) does not within the period of 1 year so amend this Order—

(i) a decision is to be issued refusing to make a permanent award in favour of the claimant; and

(ii) guaranteed income payment ceases to be payable under the temporary award at the end of the period but no amount of benefit paid in accordance with that award is recoverable.

(7) This paragraph applies where, after the date of a claim or application for review (referred to in paragraph (1)(a)(ii)) but before the determination of that claim or application, the Secretary of State has amended this Order, by including a descriptor in the tariff which describes the injury at the tariff level which the Secretary of State considers appropriate for that injury.

(8) Where paragraph (7) applies the Secretary of State is to make a temporary award and immediately issue a decision making the temporary award permanent.

Section 27 Fast payment

(1) A fast payment is to be made where the Secretary of State is satisfied that—

(a) an injury has occurred during service and is caused by service; and

(b) if a claim for injury benefit is made one or more of the injuries sustained will be described by a descriptor which gives rise to an entitlement within tariff levels 1 to 8.

(2) The amount of the fast payment is to be the amount specified in column (b) of Table 10 of the tariff for an injury at tariff level 8 .

(3) Following a determination of a claim for injury benefit, account is to be taken of the fast payment and only the difference between the amount of the fast payment and the amount of injury benefit payable on determination of that claim is to be paid.

(4) A decision under this article does not give rise to a right to a reconsideration under article 53.

(5) In this article “ determination of a claim for injury benefit ” means the amount of injury benefit payable for all the injuries arising from the same incident in relation to which the claim for a fast payment has been made.

Section 28 Medical expenses

(1) Any necessary expenses of a former member may be paid for wholly or in part by the Secretary of State if the conditions specified in paragraph (2) are satisfied.

(2) Subject to paragraph (5) the conditions referred to in paragraph (1) are that the former member—

(a) has been awarded injury benefit where one or more of the injuries sustained gave rise to an entitlement to a descriptor within tariff levels 1 to 8;

(b) became ordinarily resident outside the United Kingdom within the period of 1 year starting with the day service ends; and

(c) is ordinarily resident outside the United Kingdom when the expenses are incurred.

(3) The necessary expenses referred to paragraph (1) include, but are not limited to—

(a) medical, surgical or rehabilitative treatment;

(b) professional nursing care;

(c) appropriate medical aids and appliances; and

(d) any expenses which the Secretary of State considers are incidental to the expenses specified in subparagraphs (a) to (c).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a former member is physically or mentally incapable of making arrangements to move outside the United Kingdom for some or all of the period specified in paragraph (2)(b), that period is to be extended for such further period, as in all the circumstances of the case, the Secretary of State considers reasonable.

Section 29 Description of benefits - death

(1) Benefits payable for the death of a member or a former member (“ the deceased ”) are—

(a) a survivor's guaranteed income payment payable until death to a surviving spouse, civil partner or surviving adult dependant;

(b) a bereavement grant payable to a surviving spouse, civil partner , . . . surviving adult dependant , or eligible child ;

(c) a child's payment payable to or in respect of an eligible child.

(2) If the deceased and the surviving spouse married less than 6 months before the death of the deceased, the Secretary of State may withhold benefit under this article.

(3) If the deceased and the surviving civil partner formed their partnership less than 6 months before the death of the deceased, the Secretary of State may withhold benefit under this article.

(4) Where a member was a member of the AFPS 2005 or the AFPS 2015 and dies in service, a bereavement grant is not payable except in the circumstances specified in paragraph (5).

(5) The circumstances referred to in paragraph (4) are that the salary of the deceased on the date of death is less than the amount of the bereavement grant.

(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 30 Meaning of “surviving adult dependant”

A person is a surviving adult dependant in relation to a deceased member or former member if, at the time of the deceased's death—

(a) the person and the deceased were cohabiting as partners in a substantial and exclusive relationship;

(b) the deceased leaves no surviving spouse or civil partner;

(c) the person and the deceased were not prevented from marrying or forming a civil partnership; and

(d) either the person was financially dependent on the deceased or they were financially interdependent.

Section 31 Meaning of “eligible child”

(1) In this Order, “ eligible child ” in relation to a deceased member or former member, means—

(a) a child or an adopted child of the deceased who meets any of the conditions specified in paragraph (2); and

(b) any other child or young person who—

(i) meets any of those conditions; and

(ii) was financially dependent on the deceased on the day of death.

(2) The conditions referred to in paragraph (1) are that the person—

(a) is aged under 18;

(b) is in full-time education or vocational training and is aged under 23; or

(c) because of physical or mental impairment—

(i) is, in the opinion of the Secretary of State, unable to engage in gainful employment; and

(ii) was dependent on the deceased on day of the deceased's death.

Section 32 Eligible child - further provisions

(1) Where a person ceases to be in full-time education and is aged under 19 on that day (“ the relevant day ”), the person is treated as being in such education until the first of the following days after the relevant day—

(a) the second Monday in January;

(b) the second Monday after Easter Monday;

(c) the second Monday in September;

(d) the day of the person's 19th birthday;

(e) the day on which the person becomes engaged full-time in gainful employment.

(2) A person who, on the day of the death of a member or former member, is aged under 23 and taking a break from full-time education or vocational training not exceeding one academic year, is treated as continuing such education or training during the break for the purpose of determining whether the person is an eligible child on that day.

(3) A person who on the day of the death of a member or former member—

(a) has finished full-time education at school,

(b) has not started further full-time education or vocational training, and

(c) is taking a break not exceeding 15 months,

is treated as continuing such education or training during the break for the purposes of determining whether the person is an eligible child on that day.

(4) A person who is an eligible child—

(a) who takes a break from full-time education or vocational training not exceeding one academic year; or

(b) who—

(i) finishes full-time education at school, and

(ii) takes a break not exceeding 15 months before starting further full-time education or vocational training,

is to be treated as continuing such education or training during one academic year in the case of paragraph (a) and during 15 months in the case of paragraph (b) for the purpose of determining whether the person is an eligible child during the break.

(5) A person who is aged over 17 and under 23 who has ceased full-time education or vocational training because of ill-health is to be treated, for the purpose of determining whether the person is an eligible child for the purpose of satisfying the condition specified in article 31(2)(b) as continuing such education or training until either—

(a) the person resumes such education or training;

(b) the person is no longer ill and does not resume such education or training; or

(c) the person's ill-health is such that the person is unable to resume such education or training.

(6) Nothing in paragraphs (2), (3) or (4) requires child's payment to be paid in respect of such a child during the break.

(7) A person is no longer treated as an eligible child if a break referred to in paragraph (2), (3), (4) or (5) lasts for longer than the periods mentioned in those paragraphs.

Section 33 Children born after the death of a member or former member

(1) A child who is born after the death of a member or a former member is only treated as an eligible child of that member if the child is born before the first anniversary of the death of the member or former member.

(2) No child's payment is payable in respect of any period before the birth of such a child.

Section 34 Amount of survivor's guaranteed income payment

(1) Subject to paragraph (6) the annual amount of survivor's guaranteed income payment is 60% of the base figure.

(2) The base figure is calculated by multiplying the relevant salary by the relevant factor.

(3) In this article—

(a) “the relevant salary” is, subject to paragraph (4), the salary of the member on the date of death, or in the case of a former member, the salary on the day on which the member's service ends up-rated for inflation to the date of claim;

(b) “the relevant factor” is the figure specified in column (b) of the Table set out in Schedule 4 in relation to the relevant age specified in column (a);

(c) “the relevant age” is the age of the member or former member as the case may be on the date of death.

(4) Where death is due to an injury sustained in an incident which occurred on a day while the member or former member held acting rank, the relevant salary is whichever is the higher of—

(a) the salary specified in paragraph (3); or

(b) the actual salary of the member or former member on the day of the incident.

(5) Up-rating a former member's salary for inflation for the purposes of determining “relevant salary” under this article is to be carried out in accordance with article 73.

(6) In the event that there is more than one surviving spouse entitled to the survivor's guaranteed income payment, the annual amount to which each such surviving spouse is entitled is 60% of the base figure, divided by the number of surviving spouses so entitled at the date of the death of the member or former member.

Section 35 Amount of bereavement grant

(1) Subject to paragraph (2), the amount of the bereavement grant payable in respect of the death of a person who was a member on the date of death is £25,000.

(2) Where the person was—

(a) a member of the AFPS 2005, or

(b) a member of the AFPS 2015,

the amount of the bereavement grant is the difference between the salary of the member on the date of death and the amount specified in paragraph (1).

(3) Where a former member dies the bereavement grant is £37,500.

(4) In the event that there is more than one surviving spouse or eligible child entitled to the bereavement grant, the amount to which each such surviving spouse or eligible child is entitled is the amount payable at paragraphs (1), (2) or (3), divided by the number of surviving spouses or eligible children so entitled at the date of the death of the member or former member.

(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 36 Amount of child's payment

(1) The annual amount of child's payment is the relevant percentage of the base figure or, in the circumstances specified in paragraphs (3)(b) and (4)(b), the amount referred to in those sub-paragraphs.

(2) The base figure is calculated by multiplying the relevant salary by the relevant factor.

(3) Where a member or former member dies leaving a surviving spouse, civil partner or a surviving adult dependant—

(a) the relevant percentage is—

(i) 15% for each of the first 2 eligible children;

(ii) 10% for the third eligible child; and

(b) where there are more than 3 eligible children, the amount referred to in paragraph (1) is an amount obtained by dividing 40% of the base figure by the number of eligible children left by the member or former member.

(4) Where a member or a former member dies without leaving a surviving spouse, a civil partner or a surviving adult dependant but leaves—

(a) no more than 4 eligible children, the relevant percentage is 25%;

(b) more than 4 eligible children, the amount referred to in paragraph (1) is an amount obtained by dividing the base figure by the number of eligible children.

(5) A child's payment is to be recalculated, in accordance with paragraph (6), and commence in accordance with paragraph (7), 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; 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.

(6) The child's payment is to be recalculated—

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

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

(7) 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.

(8) Where a child ceases to be an eligible child, there is to be no adjustment in the amount of child's payment payable to the other children who receive child's payment as a result of the same calculation.

(9) In this article—

(a) “the relevant salary” is, subject to paragraph (10), the salary of the member on the date of death or, in the case of a former member, the salary on the day on which the member's service ends up-rated for inflation to the date of claim;

(b) “the relevant factor” is the figure specified in column (b) of the Table set out in Schedule 4 in relation to the relevant age specified in column (a);

(c) “the relevant age” is the age of the member or the former member on the date of death.

(10) Where death is due to an injury sustained in an incident which occurred on a day while the member, or former member, held acting rank, the relevant salary is whichever is the higher of—

(a) the salary specified in paragraph (9); or

(b) the actual salary of the member or former member on the day of the incident.

(11) Up-rating a former member's salary for the purposes of determining “the relevant salary” under this article is to be carried out in accordance with article 73.

Section 37 Awards of child's payment - later adjustment

(1) This article applies where, after the death of a member or former member—

(a) a child's payment is paid in respect of one or more persons under this Part on the basis that they were eligible children at the date of the member's death and that there were then no other eligible children; and

(b) subsequently it appears—

(i) that a person in respect of whom such a payment has been paid was not then an eligible child;

(ii) that a further person was then an eligible child; or

(iii) that a child who was born after the member's death is an eligible child.

(2) The Secretary of State may make such adjustments in the amount of the child's payment payable in respect of the eligible children as are required in view of the facts as they subsequently appear.

(3) Paragraph (2) does not affect the Secretary of State's right to recover a payment or overpayment in any case where the Secretary of State considers it appropriate to do so.

Section 38 Children entitled to three or more awards of child's payment

(1) This paragraph applies if, apart from this paragraph, child's payment would be payable in respect of the same child under article 29(1)(c) as a result of the death of more than two members or former members.

(2) Child's payment is payable only in respect of the death of two members or former members.

(3) The amount of child's payment is the total of the two payments which together result in the payment of the highest annual amount.

Section 39 Adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts

(1) This article applies where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which the person is also entitled to—

(a) a pension under the AFPS 1975, the AFPS 2005, the AFPS 2015 or the Gurkha Pension Scheme (“a pension”); or

(b) a payment under the Armed Forces Early Departure Payments Scheme Order 2005 or the Armed Forces Early Departure Payments Scheme Regulations 2014 (“a payment”).

(2) Guaranteed income payment, the survivor's guaranteed income payment or the child's payment, as the case may be, is to be adjusted in accordance with paragraphs (3) or (4).

(3) Where a person is entitled to guaranteed income payment for any period during which the person is also entitled—

(a) to a payment, or to a pension which is not an ill-health pension paid for the same injury for which the guaranteed income payment is paid, then the amount of the guaranteed income payment is reduced by 75% of the amount of that pension or payment;

(b) to a payment or to an ill-health pension which is paid for the same injury for which the guaranteed income payment is paid, then the amount of the guaranteed income payment is reduced by the full amount of the payment or, as the case may be, the ill-health pension.

(4) Where a person is entitled to survivor's guaranteed income payment or child's payment for any period during which the person is also entitled to a pension, then the amount of survivor's guaranteed income payment or child's payment is reduced by 75% of the amount of that pension.

(5) Where an amount of a pension or payment increases or decreases (including the commencement or cessation), after an award of benefit is made, the Secretary of State is to make such adjustments to the amount of guaranteed income payment, survivor's guaranteed income payment or child's payment as are required to satisfy the rules for the adjustment of benefit specified in this article.

(6) In this article any reference to a pension, ill-health pension or a payment means the gross amount, irrespective of any commutation.

Section 40 Adjustment in benefit to take account of awards of damages

(1) This article applies where the Secretary of State is satisfied that damages have been or will be recovered by any person in respect of—

(a) an injury or its effects for which benefit is payable; or

(b) the death of a person for which benefit is payable.

(2) Subject to paragraph (3), those damages are to be taken into account against any benefit which might otherwise be payable under this Order and the Secretary of State is to withhold or reduce any such benefit accordingly.

(3) The Secretary of State may not—

(a) take the damages into account where the Secretary of State is satisfied that benefit payable under this Order has been taken into account in the assessment of the damages;

(b) withhold or reduce a bereavement grant payable under article 29(1)(b) , or

(c) take the damages into account to withhold or reduce armed forces independence payment.

(4) In calculating the amount of benefit to withhold or reduce under paragraph (1), the Secretary of State may take account of the full value of any damages which have been or will be recovered.

(5) The Secretary of State may require a claimant to provide—

(a) details of any steps taken or planned to obtain damages in respect of the same injury or death for which benefit is payable;

(b) a written undertaking that if damages are recovered the claimant will notify the Secretary of State and repay any benefit paid under this Order.

(6) In this article damages include any payment received as a result of a claim made in respect of —

(a) an injury or the effects of an injury for which benefit is payable; or

(b) the death of a person for which benefit is payable.

(7) Paragraph (6) applies whether or not the payment is made—

(i) in pursuance of a judgment or order of a court of any jurisdiction; or

(ii) by settlement or compromise of the claim, whether or not proceedings are instituted to enforce the claim.

(8) A person to whom or for whose benefit the compensation is paid is to be treated as recovering damages and the compensation paid is to be treated as the damages recovered where compensation is paid—

(a) under the Criminal Injuries Compensation Scheme established under the Criminal Injuries Compensation Act 1995 ;

(b) under the Criminal Injuries (Compensation) (Northern Ireland) Order 2002 ; or

(c) under the scheme established by the Ministry of Defence for the purposes of paying compensation to members of the forces who suffer injury as a result of a crime committed outside the United Kingdom.

Section 41 Negligence or misconduct

The Secretary of State may withhold up to 40% of benefit (except for armed forces independence payment) where the negligence or misconduct of a member or former member contributed to that person's injury or death.

Section 42 Cessation of guaranteed income payment and survivor's guaranteed income payment on admission to the Royal Hospital, Chelsea

Any guaranteed income payment , armed forces independence payment or survivor's guaranteed income payment payable to a former member will cease to be paid on admission to the Royal Hospital, Chelsea, as an in-pensioner but may be restored, if the former member subsequently leaves the hospital.

Section 42A Application and interpretation

(1) This Part applies where—

(a) as a result of an immediate choice decision or a deferred choice decision, the amount of the pension or payment payable in respect of a remedy member’s (“ M ”) remediable service changes, and

(b) article 39(5) applies in relation to an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2) In this Part—

(a) an “ immediate choice decision ” means an irrevocable decision in relation to M’s remediable service under—

(i) paragraph 8 of Schedule 4 to the AFPS 1975;

(ii) paragraph 9 of Schedule 3 to the AFPS 2005;

(iii) paragraph 7 of the Schedule to the EDP Order 2005;

(b) a “ deferred choice decision ” means an irrevocable decision in relation to M’s remediable service under—

(i) paragraph 12 of Schedule 4 to the AFPS 1975;

(ii) paragraph 13 of Schedule 3 to the AFPS 2005;

(iii) paragraph 10 of the Schedule to the EDP Order 2005.

(c) A reference to a pension or payment has the same meaning as in article 39(1).

Section 42B Adjustment and Reconciliation

(1) The Secretary of State must calculate the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment payable since the award came into payment (the “remediable amount”), taking into account—

(a) the effect of the immediate choice decision or the deferred choice decision on the amount of the pension or payment payable in respect of M’s remediable service, and

(b) the requirement in article 39 to adjust an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2) Where the remediable amount is less than the amount actually paid, the beneficiary must pay an amount equal to the difference to the Secretary of State.

(3) Where the remediable amount is greater than the amount actually paid, the Secretary of State must pay an amount equal to the difference to the beneficiary.