The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008

Made: - 12th August 2008

Laid before Parliament: 14th August 2008

Coming into force: 16th September 2008

The Secretary of State, in exercise of the powers conferred by sections 1(2) and 10(2) and (3) of the Armed Forces (Pensions and Compensation) Act 2004¹ makes the following Order:

Citation, commencement and interpretation

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• (1) This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008 and shall come into force on 16th September 2008.

• (2) In this Order “the principal Order” means the Armed Forces and Reserve Forces (Compensation) Scheme Order 2005².

Amendment of article 20 of the principal Order (temporary awards)

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Article 20 of the principal Order (temporary awards) is amended as follows—

• (a) in paragraph (1)(a) after ‘tariff’ insert “in force on the date on which the claim for benefit was made”;

• (b) in paragraph (4) before “If the Secretary” insert “Except where paragraph (6) applies”;

• (c) after paragraph (4) insert—

(5) Where paragraph (6) applies the Secretary of State shall— (a) issue a decision making a permanent award of benefit in favour of the claimant, which award shall take effect from the day on which the temporary award was made; and (b) guaranteed income payment shall continue to be paid in accordance with this Order. (6) This paragraph applies where the Secretary of Statehas, in the period since the date on which the claim for benefit was made and before he made a temporary award in respect of that person, amended this Order by — (a) including an injury of a description which is the same as the injury in respect of which the temporary award was made; and (b) which is at the same level of the tariff in respect of which the temporary award was made.

Amendment of Schedule 4 (the Tariff) to the principal Order

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• (1) For Tables 1 – 9 of Schedule 4 (the Tariff) to the principal Order substitute—