The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015

• Citation: S.I. 2015/413
• 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 2015 and comes into force on 6th April 2015.

(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 is a reference to the article, Table or Schedule in the principal Order which bears that number.

Section 2 Amendment to article 2 (interpretation) of the principal Order

Article 2 (interpretation) of the principal Order is amended by inserting at the appropriate place—

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

Section 3 Amendment to article 12 (injury and death – other exclusions) of the principal Order

Article 12 (injury and death – other exclusions) of the principal Order is amended by—

(a) substituting in paragraph (1) “predominantly” for “partly”,

(b) substituting in paragraph (2) “predominantly” for “partly”.

Section 4 Amendment to article 24A (award of armed forces independence payment) of the principal Order

Article 24A(3) (award of armed forces independence payment) of the principal Order is amended by substituting “£139.75” for “£138.05”.

Section 5 Amendment to article 29 (description of benefits – death) of the principal Order

Article 29 (description of benefits – death) of the principal Order is amended in paragraph (4) by inserting “or the AFPS 2015” after “AFPS 2005”.

Section 6 Amendment to article 35 (amount of bereavement grant) of the principal Order

Article 35 (amount of bereavement grant) of the principal Order is amended by substituting for the existing paragraph (2),—

(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).

Section 7 Amendment to article 39 (adjustment of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts) of the principal Order

Article 39(1) (adjustment of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts) of the principal Order is amended by—

(a) substituting, for the existing sub-paragraph (a),—

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

(b) inserting in sub-paragraph (b) after “Payments Scheme Order 2005”—

or the Armed Forces Early Departure Payments Scheme Regulations 2014

Section 8 Amendment to schedule 2, paragraph 5 (modification of article 39 (adjustment of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts)) to the principal Order

Schedule 2, paragraph 5 (modification of article 39 (adjustment of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts)) to the principal Order is amended in the substitute article 39 by inserting in sub-paragraph (1)(a) “, AFPS 2015” after “AFPS 2005”.

Section 9 Amendment to schedule 3, part 1, table 8 (fractures and dislocations) to the principal Order

Schedule 3, part 1, table 8 (fractures and dislocations) to the principal Order is amended by substituting for the existing descriptor at item 35—

Fracture or dislocation of metatarsal bones on one foot which has caused, or is expected to cause, significant functional limitation or restriction beyond 26 weeks.

Section 10 Amendment to schedule 3, part 1, table 9 (musculoskeletal disorders) to the principal Order

Schedule 3, part 1, table 9 (musculoskeletal disorders) to the principal Order is amended by—

(a) inserting after item 5—

5A 11 Full thickness muscle or tendon unit rupture causing permanent significant functional limitation or restriction.

(b) substituting for the existing item 13—

13 12 Ligament injury, short of full thickness rupture, to one knee, ankle, foot, shoulder, elbow or wrist causing permanent significant functional limitation or restriction.

(c) substituting for the existing item 14—

14 12 Ligament injury, which has resulted in full thickness rupture, affecting one knee, ankle, foot, shoulder, elbow or wrist which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks from which the claimant has made, or is expected to make, a substantial recovery beyond that date.