The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019

• Citation: S.I. 2019/440
• Sections: 8

Section 1 Citation and commencement

This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019 and comes into force on 8th April 2019.

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 2011 Order”) is amended in accordance with articles 3 to 7.

Section 3 Amendment of article 12

In article 12 (injury and death – other exclusions) , for paragraph (3), substitute—

(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 4 Amendment of article 14

In article 14 (interpretation of Part 3)—

(a) the existing text becomes paragraph (1);

(b) in paragraph (1)(a), for the words “whichever is the later of the day” to the end, substitute “the relevant date”;

(c) after paragraph (1), insert—

(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 5 Amendment of article 24A

In article 24A (award of armed forces independence payment) , in paragraph (3), for “£145.35” substitute “£148.85”.

Section 6 Amendment of article 24D

In article 24D (payment of armed forces independence payment in respect of Motability) , in paragraph (2), for “£59.75” substitute “£61.20”.

Section 7 Amendment of Schedule 3

(1) Schedule 3 (the tariff and supplementary awards), part 1 (descriptors, tariff levels and amounts – “the tariff”) is amended as follows.

(2) In Table 3 (mental disorders) —

(a) before item 1, insert—

(b) before table note (a), insert—

(aa) Functional limitation or restriction is very severe where the claimant’s residual functional impairment after undertaking adequate courses of best practice treatment, including specialist tertiary interventions, is judged by the senior treating consultant psychiatrist to remain incompatible with any paid employment until state pension age.

(3) In Table 6 (neurological disorders, including spinal, head or brain injuries) , in the entry in column (a) in respect of item 22, for “8” substitute “7”.

(4) In Table 9 (musculoskeletal disorders) —

(a) for the entry in column (b) (description of injury and its effects (“descriptor”)) in respect of item 4, after “ankle,” insert “foot,”;

(b) after item 2A, insert—

(c) after item 16B, insert—

(d) after item 40, insert—

(*) Post traumatic arthritis is arthritis which is secondary to a significant traumatic injury which was documented in the medical records at the time it occurred.

Section 8 Saving provision relating to article 4

(1) The amendments made by article 4 are to have no effect in relation to—

(a) the determination of any claim for benefit and any question arising out of the claim under article 51 of the 2011 Order, where the claim was made or treated as made before 8th April 2019;

(b) the decision of the Secretary of State following a reconsideration under article 53 of the 2011 Order, where the application for a reconsideration under article 53(1) or the appeal referred to in article 53(5) was made before 8th April 2019;

(c) the decision of the Secretary of State following a review under article 55, 56, 57 or 59, where the application for a review was made before 8th April 2019;

(d) the revision of a decision relating to benefit by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court, where the notice of appeal was received before 8th April 2019.

(2) In this article—

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

(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 (procedure in proceedings before Commissioner).