The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017

• Citation: S.I. 2017/247
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017 and comes into force on 10th April 2017.

Section 2 Amendment of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (“the principal Order”) is amended as follows.

Section 3 Amendment of article 2 (interpretation)

In paragraph (1) of article 2 (interpretation) of the principal Order—

(a) after the definition of “a Commissioner”, insert—

“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 ;

(b) in the definition of “ill-health pension”—

(i) at the end of sub-paragraph (b), omit “or”;

(ii) at the end of sub-paragraph (c) insert “or”; and

(iii) after sub-paragraph (c) insert—

(d) Chapter 3 of Part 5 of the AFPS 2015;

(c) after the definition of “member”, insert—

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

Section 4 Amendment of article 12 (injury and death – other exclusions)

For paragraph (2) of article 12 (injury and death – other exclusions) of the principal Order, substitute—

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.

Section 5 Amendment of article 24A (award of armed forces independence payment)

In paragraph (3) of article 24A (award of armed forces independence payment) of the principal Order, for “£139.75 per week” substitute “£141.10 per week”.

Section 6 Amendment of article 24C (overlapping benefits)

For article 24C (overlapping benefits) of the principal Order, substitute—

(24C) 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 7 Amendment of article 24D (payment of armed forces independence payment in respect of Motability)

In paragraph (2) of article 24D (payment of armed forces independence payment in respect of Motability) of the principal Order, for “£56.75 per week” substitute “£58.00 per week”.

Section 8 Amendment of article 53 (reconsideration)

In paragraph (3)(b) of article 53 (reconsideration) of the principal Order, after paragraph (iv) insert—

(v) making an interim award under article 52(1).

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

(1) Schedule 3 (the tariff and supplementary awards) to the principal Order is amended as follows.

(2) In table 2 (injury, wounds and scarring), after item 68—

(a) omit—

(i) “(*) A non-freezing cold injury must be diagnosed by a non-treating consultant neurologist.”;

(ii) “(*) A descriptor for a freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities.”; and

(iii) “(a) In items 55A and 65A, a descriptor for a freezing cold injury or non-freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities.”; and

(b) insert—

(i) “(*) A non-freezing cold injury under item 22A must be diagnosed by a non-treating consultant neurologist.”; and

(ii) “(*) A descriptor for a freezing cold injury or a non-freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities.”.

(3) In table 6 (neurological disorders, including spinal, head or brain injuries), after item 27 insert—

27A 11 Intra-cerebral haematoma requiring or expected to require decompressive surgery and interval cranioplasty but with poor cosmetic result.

(4) In table 7 (senses), after item 29A insert—

29B 12 Post head injury hyposmia or anosmia.

(5) In table 9 (musculoskeletal disorders)—

(a) in item 2, after “osteotomy”, insert “or partial”;

(b) after item 16A, insert—

16B 12 Radiologically confirmed tarsal or metatarsal avascular necrosis requiring operative intervention.

(c) after item 27, insert—

27A 13 Ligament injury which has resulted in full thickness rupture affecting one knee, ankle, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks.