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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

Type Statutory-Instrument
Publication 2005-03-08
Last updated 2011-05-09
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(*) Awards for all burns include compensation for any residual scarring or pigmentation and take into account any skin grafting. (*) Awards for all burns include compensation for any residual scarring or pigmentation and take into account any skin grafting. (*) Awards for all burns include compensation for any residual scarring or pigmentation and take into account any skin grafting.
(*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
Item Column (a) Level Column (b) Injury
1. 1 Total deafness and loss of both eyes, or total deafness and total blindness in both eyes, or total deafness and loss of one eye and total blindness in the other eye.
2. 2 Loss of eyes.
3. 2 Total blindness in both eyes.
4. 2 Loss of one eye and total blindness in the other eye.
5. 5 Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36.
6. 6 Total deafness in both ears.
7. 6 Severe binocular visual field loss.
8. 8 Loss of one eye or total blindness in one eye.
9. 8 Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with severe persistent tinnitus.
10. 9 Partial loss of vision where visual acuity is correctable to 6/60.
11. 9 Permanent and inoperable cataracts in both eyes.
12. 9 Total deafness in one ear.
13. 9 Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus.
14. 10 Partial loss of vision where visual acuity is correctable to better than 6/60 and at least 6/36.
15. 10 Detached retina in both eyes.
16. 10 Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with severe tinnitus.
17. 10 Blast injury to ears with permanent sensorineural hearing loss in one ear of over 75dB averaged over 1, 2 and 3 kHz with severe persistent tinnitus.
18. 11 Partial loss of vision where visual acuity is correctable to better than 6/36 and at least 6/18.
19. 11 Blast injury to ears with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3 kHz with severe persistent tinnitus.
20. 11 Blast injury to ears with permanent sensorineural hearing loss in one ear of over 75dB averaged over 1, 2 and 3 kHz with mild or no tinnitus.
21. 12 Partial loss of vision where visual acuity is correctable to better than 6/18 and at least 6/12.
22. 12 Permanent and inoperable cataract in one eye.
23. 12 Operable cataracts in both eyes.
24. 12 Moderate binocular visual field loss.
25. 12 Detached retina in one eye.
26. 12 Secondary glaucoma.
27. 12 Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus.
28. 12 Blast injury to ears with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3 kHz with mild or no tinnitus.
29. 13 Significant penetrating, or blunt, injury to both eyes.
30. 13 Retinal damage (not detached) to both eyes.
31. 13 Partial loss of vision where visual acuity is correctable to better than 6/12.
32. 13 Dislocation of lens in one eye.
33. 13 Degeneration of optic nerve in both eyes.
34. 13 Permanent diplopia.
35. 13 Blast injury to ears.
36. 14 Diplopia which is present, or is expected to be present, at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
37. 14 Operable cataract in one eye.
38. 14 Corneal abrasions in both eyes.
39. 14 Hyphaema in both eyes which has required, or is expected to require, operative treatment.
40. 14 Retinal damage (not detached) in one eye.
41. 14 Significant penetrating, or blunt, injury in one eye.
42. 14 Degeneration of optic nerve in one eye.
43. 14 Slight binocular visual field loss.
44. 14 Traumatic mydriasis.
45. 15 Diplopia which is present, or is expected to be present, at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
46. 15 Corneal abrasions in one eye.
47. 15 Hyphaema in one eye which has required, or is expected to require, operative treatment.
(*) The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000. Any associated scarring is included in the award. (*) The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000. Any associated scarring is included in the award. (*) The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000. Any associated scarring is included in the award.
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(*) Where a fracture is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000. (*) Where a fracture is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000. (*) Where a fracture is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000.
(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. (*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. (*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis.
(*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
() When applied to any injury, the expression “functional limitation and restriction*” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others as a direct result of the injury itself. () When applied to any injury, the expression “functional limitation and restriction*” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others as a direct result of the injury itself. () When applied to any injury, the expression “functional limitation and restriction*” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others as a direct result of the injury itself.
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
Item Column (a) Level Column (b) Injury
AA1. 9 Fracture of femur, tibia, humerus, radius or ulna, with complications, causing permanent significant functional limitation and restriction.
A1. 9 Fracture or dislocation of hip, elbow, wrist, ankle, knee or shoulder, which has required, or is expected to require, arthrodesis, osteotomy or total joint replacement.
1. 10 Fractured heels of both feet causing permanent significant functional limitation and restriction.
2. 10 Fractures or dislocations of both hips, both ankles, both knees, both shoulders, both elbows or both wrists causing permanent significant functional limitation and restriction.
3. 10 Multiple face fractures causing permanent significant cosmetic effect and functional limitation and restriction despite treatment.
4. 11 Fractures or dislocations of both hips, both ankles, both knees, both shoulders, both elbows or both wrists which have caused, or are expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date.
5. 11 Fractured heel of one foot causing permanent significant functional limitation and restriction.
6. 11 Fractured heel of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
7. 11 Fracture of pelvis which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
8. 11 Fracture or dislocation of great toe, of each foot, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
9. 11 Fractured tarsal bones of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
10. 11 Fractures of both femurs, both tibiae, both humeri, both ulnae or both radii which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
10A. 11 Fracture of femur, tibia, humerus, radius or ulna causing permanent significant functional limitation and restriction.
10AA. 11 Fracture of femur, tibia, humerus, radius or ulna, with complications, which has caused, or is expected to cause, significant functional limitation and restriction at 52 weeks with substantial recovery beyond that date.
11. 11 Multiple fractures to face, or face and neck where treatment has led, or is expected to lead, to a good cosmetic and functional outcome.
12. 11 Fracture or dislocation of one hip, elbow, wrist, ankle, knee or shoulder causing permanent significant functional limitation and restriction.
13. 12 Fracture of one humerus, femur, radius, ulna or tibia which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
14. 12 Fracture of mandible or maxilla which has required or is expected to require operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
15. 12 Fracture of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
16. 12 Fracture of each clavicle or each scapula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
17. 12 Fracture of the skull with sub-dural or extra-dural haematoma which has required evacuation, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
18. 12 Fracture or dislocation of thumb of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
19. 12 Fracture or dislocation of one hip, elbow, wrist, ankle, knee or shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, with recovery beyond that date.
20. 12 Fracture or dislocation of index finger on each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
21. 12 Fracture or dislocation of great toe on one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
22. 12 Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
23. 12 Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
24. 12 Fractured heel of each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
25. 12 Fractured or dislocated patella on each knee which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
26. 12 Fractured metatarsal bones on each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
27. 12 Fractures of both femurs, both ulnae, both tibiae, both humeri or both radii from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
28. 13 Fractured tarsal or metatarsal bones on each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
29. 13 Fractured metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
30. 13 Fracture or dislocation of great toe of each foot from which the claimant has made or is expected to make a substantial recovery within 26 weeks.
31. 13 Fracture of one femur, ulna, tibia, humerus or radius from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
32. 13 Fracture of skull with sub-dural or extra-dural haematoma which has not required evacuation.
33. 13 Fracture of ethmoid which has required or is expected to require operative treatment.
34. 13 Fracture of zygoma which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
35. 13 Fracture or dislocation of one hip, ankle, knee, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks.
36. 13 Fracture of one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
37. 13 Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
38. 13 Fracture of each hand from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
39. 13 Blow-out fracture of orbit which has required, or is expected to require, operative treatment.
40. 13 Dislocated jaw which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
41. 13 Fracture of scapula or clavicle which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
42. 13 Fracture of each clavicle or each scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
43. 13 Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
44. 13 Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks.
44A. 13 Subluxed dislocated acromio or sterno-clavicular joint, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
45. 13 Fractures or dislocations of two or more toes, other than great, of each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
46. 13 Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
47. 13 Fracture or dislocation of thumb of each hand which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
48. 13 Fracture or dislocation of index finger on each hand, which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
49. 13 Fractures or dislocations of two or more fingers, other than index, on each hand, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
50. 13 Fracture or dislocation of index finger on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
51. 13 Fractured or dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks.
52. 14 Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
53. 14 Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
54. 14 Fractured ethmoid which has not, or is not expected to require, operative treatment.
55. 14 Fracture of mandible or maxilla from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
56. 14 Fracture of hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
57. 14 Deviated nasal septum requiring corrective surgery.
58. 14 Displaced fracture of nasal bones.
59. 14 Simple skull fracture.
60. 14 Fractured fibula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
61. 14 Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
62. 14 Fracture or dislocation of index finger, on one hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
63. 14 Fracture or dislocation of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
64. 14 Fractures or dislocations of two or more fingers, other than index, on one hand, which have caused, or are expected to cause significant functional limitation and restriction beyond 26 weeks.
65. 14 Fractures or dislocations of two or more fingers, other than index, on each hand which have caused, or are expected to cause, significant functional limitation and restriction beyond 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
66. 14 Fractures or dislocations of two or more toes, other than great toe, on one foot, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
67. 14 Fractures or dislocations of one toe other than great toe, on each foot, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
68. 14 Fractures or dislocations of two or more toes, other than great toe, on each foot, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
69. 14 Fracture or dislocation of great toe from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
70. 14 Fracture or dislocation of index finger on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
71. 14 Fracture or dislocation of thumb on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
72. 14 Subluxed dislocated acromio or sterno-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
73. 14 Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
74. 14 Fracture of clavicle or scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
75. 14 Fracture of sternum from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
76. 14 Fractured tarsal or metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
77. 14 Fractured or dislocated patella of each knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
78. 14 Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks, where the claimant has made, or is expected to make, a substantial recovery beyond that date.
79. 15 Fracture of mastoid.
80. 15 Undisplaced fracture of nasal bones.
81. 15 Deviated nasal septum which has not required, or is not expected to require, operative treatment.
82. 15 Fractured or dislocated patella of one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
83. 15 Fracture of three or more ribs.
84. 15 Fractures or dislocations of two or more toes, on one foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
85. 15 Fractures or dislocations of one toe, other than great toe, on each foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
86. 15 Fracture or dislocation of thumb from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
87. 15 Fractured tarsal or metatarsal bone on one foot, which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
88. 15 Fracture or dislocation of two or more fingers, other than index, on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
89. 15 Fracture or dislocation of two or more fingers, other than index, on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
90. 15 Fracture or dislocation of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
91. 15 Fracture or dislocation of index finger on one hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
92. 15 Fracture or dislocation of one finger, other than index, on one hand, which has caused or is expected to cause significant functional limitation and restriction beyond 26 weeks.
93. 15 Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
94. 15 Fracture of three vertebral transverse or spinous processes.
(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. (*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. (*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis.
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(*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
() When applied to any injury or disorder, the expression “functional limitation and restriction*” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the injury or disorder itself. () When applied to any injury or disorder, the expression “functional limitation and restriction*” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the injury or disorder itself. () When applied to any injury or disorder, the expression “functional limitation and restriction*” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the injury or disorder itself.
(*) References to back in this table include cervical, thoracic, lumbar or sacral segments. (*) References to back in this table include cervical, thoracic, lumbar or sacral segments. (*) References to back in this table include cervical, thoracic, lumbar or sacral segments.
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
Item Column (a) Level Column (b) Injury
1. 7 Traumatic back injury with partial spinal cord injury causing permanent significant functional limitation and restriction.
2. 9 Permanent severely impaired grip in both hands.
3. 10 Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and restriction.
4. 11 Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation and restriction.
5. 11 Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows, wrists which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant is expected to make a substantial recovery beyond that date.
6. 11 Traumatic back injury (with medically verified neurological signs and vertebral damage) extending over several levels of vertebrae, which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 13 weeks.
7. 11 Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder.
8. 11 Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and restriction.
9. 11 Permanent severely impaired grip in one hand.
10. 11 Radiologically confirmed osteoarthritis of both knees, hips, ankles, shoulders, elbows or wrists (caused by a repetitive or attrition injury), causing permanent significant functional limitation and restriction.
11. 12 Two frozen shoulders which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks.
12. 12 Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made or is expected to make a substantial recovery beyond that date.
13. 12 Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation and restriction.
14. 12 Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, which has caused, or is expected to cause, significant functional limitation at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date.
15. 12 Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
16. 12 Traumatic back injury (with medically verified neurological signs and vertebral damage), extending over several levels of vertebrae which has caused, or is expected to cause, significant functional limitation and restriction beyond 13 weeks.
17. 13 Frozen shoulder, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
18. 13 Two frozen shoulders, which have caused or are expected to cause significant functional limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
19. 13 Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
20. 13 Muscle or tendon unit injury short of full thickness rupture, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
21. 13 Two muscle or tendon unit injuries, short of full thickness rupture, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
22. 13 Full thickness muscle or tendon unit rupture, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks.
23. 13 Ligament injury short of full thickness rupture, to one knee, shoulder, ankle, elbow or wrist which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks with substantial recovery beyond that date.
24. 13 Traumatic back injury with one or more intervertebral disc prolapses or vertebral body or facet joint fractures which has caused or is expected to cause, significant functional limitation and restriction beyond 13 weeks.
25. 13 Radiologically confirmed osteoarthritis of knee, hip, ankle, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation and restriction.
26. 13 Compartment syndrome which has lasted, or is expected to last, beyond 13 weeks.
26A. 13 Ankle, hip, knee, wrist, elbow or shoulder strain, sprain or overuse injury, which has required, or is expected to require, operative treatment.
27. 14 Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
28. 14 Ligament injury short of full thickness rupture to one knee, ankle, shoulder, elbow or wrist, which has caused or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
29. 14 Muscle or tendon unit injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
30. 14 Knee meniscus injury, . . . which has required, or is expected to require, operative management.
31. 14 Tendon or ligament rupture of finger, thumb or toe which has required, or is expected to require, operative treatment.
32. 14 Back sprain or strain, with one or more intervertebral disc prolapses which has caused, or is expected to cause significant functional limitation and restriction at 13 weeks.
33. 14 Low back or neck pain syndrome.
34. 14 Anterior knee pain syndrome in both knees which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
34A. 14 Overuse injury of foot or heel, which has required or is expected to require operative treatment.
35. 15 Knee meniscus injury which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
36. 15 Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
37. 15 Direct hernia which has required operative treatment.
38. 15 Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
39. 15 Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
Column (a) Level Column (b) Amount
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1 £570,000
2 £402,500
3 £230,000
4 £172,500
5 £115,000
6 £92,000
7 £63,825
8 £48,875
9 £34,100
10 £23,100
11 £13,750
12 £9,075
13 £5,775
14 £2,888
15 £1,155.

SCHEDULE 5 — TABLE OF FACTORS

Age at last birthday GIP Factor Age at last birthday GIP Factor
16 0.905 37 0.790
17 0.902 38 0.781
18 0.898 39 0.772
19 0.894 40 0.762
20 0.891 41 0.751
21 0.887 42 0.740
22 0.882 43 0.728
23 0.878 44 0.715
24 0.873 45 0.702
25 0.869 46 0.687
26 0.864 47 0.672
27 0.859 48 0.656
28 0.853 49 0.638
29 0.847 50 0.619
30 0.841 51 0.599
31 0.835 52 0.577
32 0.829 53 0.554
33 0.822 54 0.528
34 0.814 55 0.500
35 0.807 Over 55 0.500
36 0.799

Signed

Signed by authority of the Secretary of State for Defence

Ivor Caplin — Parliamentary Under Secretary of State — 8th March 2005

Explanatory note

(This note is not part of the Order)

This Order establishes a scheme – The Armed Forces and Reserve Forces Compensation Scheme 2005 (“the Scheme”) – which provides for benefits to be payable to or in respect of a person by reason of his illness or injury (whether physical or mental), or his death, which is caused (wholly or partly) by his service in the armed forces or the reserve forces.

Part I provides for citation, commencement and, together with Schedule 1, interpretation of the Order.

Part II establishes the Scheme by providing for compensation to be payable in respect of injuries caused by service and the worsening of non-service injuries and for death caused by service. Certain sporting, fitness and adventurous training activities and injury and death caused by travelling in specified circumstances are included in the Scheme and certain specified injuries are excluded. Provision is made for the modification of the Scheme for the reserve forces and the Brigade of Gurkhas, the modifications being set out in Schedules 2 and 3.

Part III sets out the benefits which are payable for injury caused by service and the conditions attaching to the payment. The benefits are a lump sum and guaranteed income payment payable for life. The lump sum is calculated with reference to the severity of the injury sustained. A tariff, set out in Schedule 4, contains tables which list injuries and tariff levels and table which gives amounts corresponding to those levels. The amount of guaranteed income payment is calculated by means of a formula based on the age of the member of the forces, his salary, the amount of the lump sum payable to him and a “relevant factor” set out in a table in Schedule 5. This Part also contains provision for cases where more than one injury is sustained. The circumstances are where a person sustains more than one injury in one incident and where a person sustains injury in different incidents to different parts of the body, to the same part of the body and to a pair of like parts of the body, for example, to one leg and then the other leg. This part also contains a provision for temporary awards where a person has sustained an injury of a description for which no provision is made in the tariff, provided that that injury is sufficiently serious to warrant an award of injury and is listed in the International Statistical Classification of Diseases and Related Health Problems or in the Diagnostic and Statistical Manual of Mental Disorders.

Part IV sets out the benefits which are payable in respect of a member of the forces whose death is caused by service. Survivor’s guaranteed income payment and a bereavement grant are payable to his surviving spouse, surviving adult dependent or surviving civil partner. Child’s payment is payable to his “eligible” children. An eligible child is a child or adopted child of the deceased or a child dependent on him who is under 18 or under 23 and in full-time education or vocational training. Provision is also made for children over 18 who are unable, due to physical or mental disability, to support themselves. Bereavement grant is £20,000 but may be reduced depending on which armed forces pension scheme the member the forces belonged to. Survivor’s guaranteed income payment and child’s payment are calculated in a similar way to guaranteed income payment and are a percentage of the amount resulting from the calculation.

Part V makes provision for reducing the amount of benefit payable in specified circumstances. The amount of benefit payable under the Scheme is reduced by the amount received under an armed forces pension scheme. Benefit may also be reduced if a person receives damages in respect of the same injury or death and where the negligence of misconduct of a member of the forces has contributed to the injury or death or in respect of social security benefit.

Part VI deals with the manner of making a claim, specifies circumstances where a claim is not required and provides for the date of a claim and time limits for making claims. For injury, the time limit is 5 years from the date of the injury or the worsening of a non-service injury and in the case of an illness, the date on which medical advice is first sought or the date on which service ends whichever is the earlier. For death, the time limit is one year from the date of death. There are exceptions to the time limits where a person is unable, due to physical or mental illness, to make a claim or instruct another to make it on his behalf or in specified exceptional circumstances.

Part VII makes provision for the adjudication of claims. Provision is made for the manner of making decisions and the information to be provided with a decision, for interim awards and for reconsideration and review of decisions. The burden of proving any issue under the Scheme lies on the claimant and the standard of proof is on a balance of probabilities. Provision is also made for evidence with the Secretary of State being required to produce relevant medical or other records which are in his possession.

Part VIII makes provision for the payment of benefit. This provision includes the date on which benefit becomes payable, suspension of benefit in certain circumstances, and a power to appoint persons to act on behalf of persons under 18 and persons unable to act for themselves.

Part IX provides a power to up-rate guaranteed income payment, survivor’s guaranteed income payment and child’s payment. It also provides a mechanism for a notional up-rating of a person’s salary to take account of inflation for the purposes of calculating those benefits where a member of the forces makes a claim or dies after his service ends.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Footnotes

2

1865 c. 73; section 3 was amended by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 4.

3

which is available from Her Majesty’s Stationery Office.

7

World Health Organisation, Geneva. 10th Revision (1992).

8

American Psychiatric Association, Washington DC. 4th Edition, Text Revision (2000).

9

which is available from the Defence Storage and Distribution Centre, Mwrwg Road, Llangennech, Llanelli, Carmarthenshire, SA14 8YP.

10

which is available from Service Personnel Policy (Pensions), Ministry of Defence, Main Building, Whitehall, London, SW1A 2HB.

11

See section 6A(9) of the Pensions Appeal Tribunals Act 1943 (c. 39) inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.

12

World Health Organisation Press, Geneva. 10th Revision (1992).

13

American Psychiatric Association, Washington DC 20005 USA. 4th Edition, Text Revision (2000).

20

1943 (c. 39), section 6A was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.

21

Section 6C was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.

22

Section 6D was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), section 5 and Schedule 1, paragraph 4.

26

1993 c. 48 as amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 18 and Schedule 2, paragraph 3(1)(a).

Amount of lump sum where 100 per cent guaranteed income payment determined

15A

  • (1) )This article applies where—
  • (a) more than one injury is sustained in one incident;
  • (b) the cause of the injuries occurred on or after 8th February 2008; and
  • (c) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment in accordance with article 16 for one or more such injuries is 100 per cent.
  • (2) Subject to paragraph (3) the amount of the lump sum is the total of the relevant amount (described in article 14(2)(b)) applicable to each injury.
  • (3) The total amount payable under paragraph (2) shall not exceed the amount specified at level 1 in column (a) of table 10.
  • (4) Subject to paragraph (6) where—
  • (a) a claim for injury benefit (“the first claim”) is made for some but not all the injuries sustained in one incident; and
  • (b) after notice of the decision on the first claim has been given or sent to the claimant, a further claim for injury benefit is made for other injuries sustained in that incident, the Secretary of State shall determine the further claim by recalculating the amount of the lump sum in accordance with paragraphs (2) and (3) taking into account all the injuries sustained in that incident which have been the subject of a claim.
  • (5) In determining the further claim under paragraph (4) the Secretary of State may—
  • (a) increase the amount of the lump sum awarded in respect of the first claim; or
  • (b) award no, or no further, amount of benefit.
  • (6) Where the Secretary of State increases the amount of the lump sum awarded in respect of the first claim, account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award (including any award of additional lump sum) and the later award shall be paid.
  • (7) Paragraphs (4), (5) and (6) shall not apply to a further claim for injury benefit referred to in paragraph (4)(a) unless that claim is made within the time specified in articles 39, 40 and 41 for making a claim.

Additional multiple injury lump sum

15B

  • (1) This article applies where—
  • (a) more than one injury is sustained in one incident;
  • (b) the cause of the injuries occurred on or after 6th April 2005 and before 8th February 2008;
  • (c) an entitlement to injury benefit has been determined in respect of more than one such injury either before or after 8th February 2008; and
  • (d) the relevant percentage for the purpose of calculating the amount of a guaranteed income payment in accordance with article 16 for one or more such injuries is 100 per cent.
  • (2) The Secretary of State shall award an additional benefit (“the additional multiple injury lump sum”) in accordance with this article.
  • (3) The amount of the additional multiple injury lump sum is, subject to paragraphs (4) and (5), the total of the relevant amount (described in article 14(2)(b)) applicable to each injury in respect of which a lump sum would have been payable but for article 15(2).
  • (4) Account shall be taken of the lump sum previously awarded and, subject to paragraph (5), the difference between that award and the amount of the additional multiple injury lump sum calculated in accordance with paragraph (3) shall be paid.
  • (5) The total amount payable in accordance with this article shall not, taking into account the amount of lump sum previously awarded, exceed the amount specified at level 1 in column (a) of Table 10.
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional lump sum

15C

  • (1) Subject to article 15D, the Secretary of State shall award a benefit (“the additional lump sum”) for a qualifying injury in accordance with this article.
  • (2) Only one award of additional lump sum shall be made for a qualifying injury.
  • (3) The amount of the additional lump sum is, subject to paragraph (4), A – B.
  • (4) The total amount payable under paragraph (3) shall not, taking into account all previous awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident, exceed the amount specified at level 1 in column (a) of the Table in paragraph (6).
  • (5) In this article—
  • (a) “A” means the combined total of the amount of benefit that would be awarded for each qualifying injury sustained in one incident if, in making the determination as to the relevant amount of benefit that was to be awarded —
  • (i) the reference in article 14(2)(b) to the amount in column (b) of Table 10 was read as a reference to the amount in column (b) of the Table in paragraph (6); and
  • (ii) the reference in articles 15(3), 15A(3) and 15B(5) to the amount specified at level 1 in column (a) of Table 10 was read as a reference to the amount specified at level 1 in column (a) of the Table in paragraph (6);
  • (b) “B” means the combined total of all previous awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident;
  • (c) “benefit” means a lump sum or an additional multiple injury lump sum;
  • (d) “determination” means the determination by the Secretary of State in accordance with this Order as to the total of all awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident;
  • (e) “qualifying injury” means an injury in respect of which an entitlement to benefit has been determined before 15th December 2008;
  • (f) “relevant amount” has the meaning described in article 14(2)(b).
  • (6) The Table referred to in paragraphs (4) and (5) is—
Column (a) Tariff level Column (b) Amount
1 £570,000
2 £402,500
3 £230,000
4 £172,500
5 £115,000
6 £92,000
7 £63,825
8 £48,875
9 £34,100
10 £23,100
11 £13,750
12 £9,075
13 £5,775
14 £2,888
15 £1,155.

Exception to entitlement to additional lump sum

15D

  • (1) This article applies where—
  • (a) a qualifying injury has been sustained; and
  • (b) on or after 15th December 2008 the award of benefit applicable to that qualifying injury is —
  • (i) increased under article 15(5) or 15A(5);
  • (ii) revised under article 45, 47, 48 or 49; or
  • (iii) revised by a Pension Appeal Tribunal, an appropriate Social Security Commissioner, the First-tier Tribunal, the Upper Tribunal or a court.
  • (2) Notwithstanding article 15C, there is no entitlement to an additional lump sum award for a qualifying injury if such an award has not been paid before the day on which the award of benefit applicable to that qualifying injury is increased or revised.
  • (3) In this article, “benefit” and “qualifying injury” have the same meaning as in article 15C.

Amount of guaranteed income payment

More than one injury - general

Injury to a pair of like parts of the body

More than one injury to the same part of the body

Temporary Awards

PART VA — CESSATION OF BENEFIT

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

34A

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

Review - award of damages

48A

  • (1) This article applies where—
  • (a) the Secretary of State has made an award of benefit to a person;
  • (b) the person has recovered damages in respect of the injury or death for which the award of benefit is payable; and
  • (c) the Secretary of State is satisfied that benefit payable under the Order has not been taken into account in the assessment of the damages.
  • (2) On a review under this article the Secretary of State may—
  • (a) revise a decision—
  • (i) given under article 43,
  • (ii) revised under article 45, 47, 48 or 49, or
  • (iii) relating to benefit made by the First-tier Tribunal, a Pension Appeal Tribunal, the Upper Tribunal, an appropriate Social Security Commissioner or a court,

in each case by withholding or reducing the amount of the award so as to cancel the award of benefit.

  • (3) The decision of the Secretary of State on a review under this article and the reasons for the decision shall be in writing and shall be given or sent to the claimant who shall, at the same time, be informed of the right—
  • (a) to a reconsideration of the decision under article 45; and
  • (b) to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943 .
  • (4) In this article “damages” has the meaning given in article 32(2).

Review – ignorance or mistake

Burden of proof

Standard of proof

Evidence

Information and medical examination

In deciding whether a relationship of a deceased member of the forces (“the deceased”) and the claimant is a substantial relationship, the Secretary of State shall have regard to any evidence which the claimant considers demonstrates that the relationship is substantial and shall in particular have regard to the following examples of evidence which could, either alone or together, indicate that the relationship is substantial.

A relationship is not an exclusive relationship if—

1.

one or both of the parties to the relationship is married to, or is the civil partner of, someone other than the other party to the relationship; or

2.

one or both of the parties is a party to another relationship which is, or could be considered to be, a substantial and exclusive relationship having regard to the provisions of this Schedule.

2A

For article 27 there is substituted the following—

(27) (1) This article applies where death is caused (wholly or partly) by service in the reserve forces. (2) Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000. (3) Subject to paragraph (4), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500. (4) Where the person was an active member of the RFPS 2005 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the day of death and the amount specified in paragraph (2). (5) Where a former member of the reserve forces dies, the bereavement grant is £37,500. (6) In the event that there is more than one surviving spouse entitled to the bereavement grant, the amount to which each such surviving spouse is entitled shall be the amount payable, in accordance with the provisions of this article, divided by the number of spouses so entitled at the date of death of the member or former member of the reserve forces. (7) In this article— (a) “active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995 ; (b) “reserve forces pension scheme” means the FTRSPS 2010, the NPRSPS or the RFPS 2005.

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