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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

Type Statutory-Instrument

Publication 2011-02-23

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) On a review under this article the Secretary of State may—

(a) make a new decision which maintains the final decision; or

(b) subject to paragraph (5), revise an award of injury benefit.

(5) An award may be revised only where the injury in respect of which it has been awarded has—

(a) become worse or caused a further injury to develop; and

(b) the injury, or the injury and the further injury together is described by—

(i) a descriptor at a tariff level which is higher than that already awarded for the injury; or

(ii) an additional descriptor for the injury or the further injury.

(6) An application for a review under this article must be made within the period of 1 year starting with the day on which service ends and must—

(a) be in writing;

(b) be signed by or on behalf of the person making the application; and

(7) The decision of the Secretary of State on a review under this article and the reasons for the decision must—

(a) be in writing;

(b) be given or sent to the applicant;

(i) to a reconsideration of the decision under article 53; and

(ii) to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

(8) Article 49 has effect in respect of an application for a review under this article and articles 56 and 57 as though a reference to making a claim was a reference to making an application for a review and reference to the time for making a claim was a reference to the time for making an application for a review.

(9) The Secretary of State is to review an injury benefit decision under this article on one occasion only.

(10) In this article and articles 56 and 57 “an injury benefit decision” means—

(a) a final decision in relation to injury benefit;

(b) a decision in relation to injury benefit where—

(i) an application for a reconsideration has been made under article 53(1), or

(ii) article 53(5) applies,

and in either case the reconsideration has not been determined;

(c) a decision in relation to injury benefit made by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court.

Review - exceptional circumstances within 10 years

56

(1) Subject to paragraph (6), the Secretary of State must review an injury benefit decision if an application for a review made in accordance with paragraph (4) is given or sent to the Service Personnel and Veterans Agency.

(2) On a review under this article the Secretary of State may—

(a) make a new decision which maintains the injury benefit decision; or

(b) subject to paragraph (3), revise an award of injury benefit.

(3) An award may be revised only where within the period of 10 years, starting with the date of the injury benefit decision, the injury in respect of which the decision relates has—

(a) become worse or caused a further injury to develop;

(b) the worsening or the development is unexpected and exceptional; and

(i) a descriptor at a tariff level which is higher than that already awarded for the injury; or

(ii) an additional descriptor for the injury or the further injury.

(4) An application for review under this article must be made within the period of 1 year starting on the day on which the worsening or the development began and must—

(a) be in writing;

(b) be signed by or on behalf of the person making the application; and

(5) The decision of the Secretary of State on an application for review under this article and the reasons for the decision must—

(a) be in writing;

(b) be given or sent to the applicant; and

(i) to a reconsideration of the decision under article 53; and

(ii) to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

(6) The Secretary of State is to review an injury benefit decision under this article on one occasion only.

Review - final

57

(1) This article applies where an injury benefit decision was made 10 or more years before an application is made under this article.

(2) Subject to paragraph (7), the Secretary of State must review the decision to which paragraph (1) refers if an application for a review made in accordance with paragraph (5) is given or sent to the Service Personnel and Veterans Agency.

(3) On a review under this article the Secretary of State may—

(a) make a new decision which maintains the injury benefit decision; or

(b) subject to paragraph (4), revise an award of injury benefit.

(4) An award may be revised only where the Secretary of State considers that it would be manifestly unjust to maintain the effect of the decision under review, because the injury in respect of which benefit has been awarded has—

(a) become worse or caused a further injury to develop;

(b) the worsening or the development is substantial, unexpected and exceptional; and

(i) a descriptor at a tariff level which is higher than that already awarded for the injury; or

(ii) an additional descriptor for the injury or the further injury.

(5) An application for review under this article must be made within the period of 1 year starting with the day on which the worsening or the development began and must—

(a) be in writing;

(b) be signed by or on behalf of the person making the application; and

(6) The decision of the Secretary of State on an application for review under this article and the reasons for the decision must—

(a) be in writing;

(b) be given or sent to the applicant; and

(i) to a reconsideration of the decision under article 53; and

(ii) to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

(7) The Secretary of State is to review an injury benefit decision under this article on one occasion only.

Review - award of damages

58

(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 paid or payable under this 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 revise a decision by decreasing the amount of the award, or 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 must—

(a) be in writing;

(b) be given or sent to the claimant; and

(i) to a reconsideration of the decision under article 53; and

(ii) 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 40(6) and (8).

Review - ignorance or mistake

59

(1) Subject to paragraph (2), any decision of the Secretary of State may be reviewed at any time (including on the application of the claimant) if the Secretary of State is satisfied that the decision was given in ignorance of, or was based on, a mistake as to a material fact or of a mistake as to the law.

(2) This article only applies—

(a) if the material fact was knowable at the time the decision was made and was disclosed to the Secretary of State at that time;

(b) if the ignorance or mistake was the ignorance or mistake of the Secretary of State;

(c) where the ignorance or mistake relates to the diagnosis of an injury, where the correct diagnosis was knowable given the state of medical knowledge existing at the time the diagnosis was made.

(3) On a review under this article, the Secretary of State may—

(a) make a new decision which maintains the decision under review (“the original decision”); or

(b) revise that decision by—

(i) awarding benefit where no award of benefit was made in the original decision;

(ii) changing the descriptor awarded so as to maintain, increase or decrease the amount awarded in the original decision;

(iii) increasing or decreasing the amount awarded in the original decision or so as to cancel an award of benefit;

(iv) changing the date on which an award of benefit becomes payable.

(4) The decision of the Secretary of State on a review under this article and the reasons for the decision must—

(a) be in writing;

(b) be given or sent to the claimant; and

(i) to a reconsideration of the decision under article 53; and

(ii) to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943.

Burden of proof

60

(1) Subject to the provisions of this article, the burden of proving any issue is on the claimant.

(2) Where paragraph (3) applies there is a presumption in favour of the claimant unless the Secretary of State proves to the contrary.

(3) This paragraph applies where—

(a) a contemporary official record relating to a material fact which is relevant to deciding a condition for payment of benefit under Part 2 is missing; and

(b) there is other reliable evidence to determine the material fact.

(4) For the purpose of paragraph (3)—

(a) “a contemporary official record” means a record, including an electronic record, held by the Secretary of State for Defence or the Defence Council;

(b) “a material fact” need not be a decisive fact for the purpose of determining a claim under Part 2;

(i) lost and cannot be found after a diligent search; or

(ii) destroyed.

Standard of proof

61

The standard of proof applicable in any decision which is required to be made under this Order is the balance of probabilities.

Evidence

62

(1) For the purposes of determining any issue under this Order, the Secretary of State is to produce such medical or other records of a member or a former member (whether living or deceased), as are held by the Secretary of State for Defence or the Defence Council and are relevant to the issues to be decided.

(2) The Secretary of State is to consider any evidence which appears to be relevant to the issues which are to be decided and is to determine those issues on that evidence.

(3) Where any decision required to be made under this Order is, or includes, a decision involving a medical issue, that decision is to be made in accordance with generally accepted medical and scientific knowledge prevailing at the time the decision is made.

Information and medical examination

63

(1) Where paragraph (2) applies a claim is to be treated as never having been made.

(2) This paragraph applies where a claim has been made, and the claimant “C” has been requested in writing—

(a) to provide further information which is reasonably required for the determination of the claim and—

(i) that information is not given or sent to the Secretary of State within 3 months of the date on which the request is sent; and

(ii) C does not provide a satisfactory explanation for that failure; or

(b) to attend a medical examination—

(i) at a time and place specified in a notice given or sent to C, not less than 10 days before the date of the examination; and

(ii) C fails to attend without providing, within 3 months of the date of the examination to which the request related, a satisfactory explanation for that failure.

(3) Paragraph (2) has effect where a person makes a claim on C's behalf, and references to C are to be construed accordingly.

(4) The treating of a claim as never having been made does not prevent the making of a new claim in accordance with this Order.

(5) In this article a reference to a claim includes a reference to an application for reconsideration under article 53(1) and an application for a review under article 55(6), 56(4), 57(5) or 59(1).

PART 8 — PAYMENT

Date on which awards of benefit become payable

64

(1) A lump sum, a fast payment, medical expenses and a bereavement grant are to be paid as soon as is reasonably practicable after the award has been made.

(2) Subject to paragraphs (5) and (6) an award of guaranteed income payment becomes payable—

(a) where a member is discharged from the forces on medical grounds and the award is for the injury which caused the member to be discharged on medical grounds, on the day after the discharge;

(b) where a member is awarded injury benefit which includes an award of guaranteed income payment, on the day after the day on which the member's service ends;

(2A) Subject to paragraph (2B) and notwithstanding paragraph (8), where a person becomes entitled to armed forces independence payment, that allowance becomes payable on—

(a) subject to paragraph (b), the date of claim; or

(b) where the date of claim is no later than 3 months after the date an award of guaranteed income payment has been determined or revised—

(i) the date of claim for that award; or

(ii) where paragraph (5) applies, the date on which the guaranteed income payment is, or, but for article 16(10) would have been, payable.

(2B) No armed forces independence payment is payable for any period before 8th April 2013.

(3) Where a person who is entitled to a pension for disablement or death under the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (“the 2006 Order”) subsequently becomes entitled to benefit under this Order for the same injury or death for which there was entitlement under the 2006 Order, the date on which benefit under this Order becomes payable is the date on which—

(a) a claim for benefit is determined under article 51;

(b) a final award is made under article 54;

(d) a decision relating to benefit is revised by an appropriate tribunal, the Upper Tribunal, an appropriate Social Security Commissioner or a court, as the case may be.

(4) Subject to paragraph (6), an award of survivor's guaranteed income payment and an award of child's payment become payable—

(a) on the day following the date of death where—

(i) a member dies in service; or

(ii) a former member dies and a claim for benefit is made within 3 months of the date of death; or

(b) on the date of claim where sub-paragraph (a) does not apply.

(5) Subject to article 16(10), an award—

(a) revised under article 53 becomes payable on the date of claim;

(b) revised under article 55 becomes payable on the day after the member's service ends;

(c) revised under article 56 or 57 becomes payable on the date the application for review is sent to the Secretary of State;

(d) subject to paragraph (6), revised under 59 becomes payable—

(i) on the date the application for review is sent to the Secretary of State; or

(ii) where no application for a review has been made, the date on which the decision in relation to the revised award is sent to the claimant.

(6) Subject to paragraph (8), where a decision of the Secretary of State is revised under article 59 so as to award benefit or increase the amount of benefit awarded, guaranteed income payment, survivor's guaranteed income payment or child's payment becomes payable from the beginning of the period starting 6 years—

(a) before the date on which the application for review is sent to the Secretary of State; or

(b) where no application for a review has been made, before the date on which the decision in relation to the revised award is sent to the claimant.

(7) Where the amount of an award is reduced following a review under article 58 or 59, the reduced amount becomes payable on the date on which notification of the revised award is given or sent to the claimant.

(8) Except where paragraph (4)(a)(ii) applies, no benefit is payable for any period before the date of claim.

Time of payment

65

Guaranteed income payment, survivor's guaranteed income payment and child's payment are paid monthly in arrears unless, in any particular case, the Secretary of State arranges otherwise.

Suspension – appeal from a decision of an appropriate tribunal

66

(1) Where paragraph (2) applies, and subject to paragraph (3), the Secretary of State may suspend payment of benefit in whole or in part.

(2) This paragraph applies where the Secretary of State is considering making an application for leave to appeal against the decision of an appropriate tribunal.

(3) A direction that payment of benefit is to be suspended must be—

(a) in writing; and

(b) given or sent to the claimant within the relevant period.

(4) If the Secretary of State does not make an application for leave to appeal within the relevant period the suspension is to cease.

(5) Where a direction has been given under paragraph (3) and an application for leave to appeal is made the suspension may continue where—

(a) leave to appeal is granted, until any subsequent appeal is determined;

(b) an appropriate tribunal reviews its decision until that review has been determined; or

(c) an application for leave to appeal is refused, if the Secretary of State makes a further application for leave to appeal in accordance with paragraph (6).

(6) The application referred to in paragraph (5)(c) must be made to the Upper Tribunal or a Commissioner within a period of 1 month beginning with the date on which notice in writing of the decision of the appropriate tribunal refusing leave to appeal is received.

(7) Where an application is made in accordance with paragraph (6) the suspension may continue until that application and any subsequent appeal is determined.

(8) Where the appeal is determined and the case remitted for rehearing and determination by an appropriate tribunal, the appeal is not determined for the purposes of this article until the matter remitted for rehearing has been determined by the appropriate tribunal.

(9) In this article “relevant period” means the period of 6 weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension – appeal from a decision of the Upper Tribunal, a Commissioner or a court

67

(1) Where paragraph (2) applies, and subject to paragraph (3), the Secretary of State may suspend payment of benefit in whole or in part.

(2) This paragraph applies where the Secretary of State is considering making an application for leave to appeal against the decision of the Upper Tribunal or a Commissioner.

(3) A direction that payment of benefit is to be suspended must be—

(a) in writing; and

(b) given or sent to the claimant within the relevant period.

(4) If the Secretary of State does not make an application for leave to appeal within the relevant period the suspension is to cease.

(5) Where direction has been given under paragraph (3) and an application for leave to appeal made, the suspension may continue where—

(a) leave to appeal is granted, until any subsequent appeal is determined;

(b) the Upper Tribunal reviews its decision until that review has been determined; or

(c) leave to appeal is refused, if the Secretary of State makes a further application for leave to appeal in accordance with to paragraph (6).

(6) The application referred to in paragraph (5)(c) must be made to the relevant appellate court within a period of 1 month beginning with the date on which notice in writing of the decision of the Upper Tribunal or a Commissioner refusing leave to appeal is received.

(7) Where an application is made in accordance with paragraph (6) the suspension may continue until that application and any subsequent appeal is determined.

(8) Where the appeal is determined and the case remitted by the relevant appellate court for rehearing and determination by an appropriate tribunal, the appeal is not determined for the purposes of this article until the matter remitted for rehearing has been determined by the appropriate tribunal.

(9) This article applies to an application for leave to appeal and an appeal from a decision of the relevant appellate court to the Supreme Court, and references to “the Upper Tribunal or Commissioner” and “the relevant appellate court” is to be construed accordingly.

(10) In this article “relevant period” means the period of 3 months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension in other cases

68

(1) This article applies where—

(a) an appeal has been brought against a decision of an appropriate tribunal, the Upper Tribunal, a Commissioner or a court in relation to a case (“the primary case”); and

(b) if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of benefit in that case ought to be reviewed.

(2) Where paragraph (1) applies the Secretary of State may direct that payment of the benefit under the award in the secondary case be suspended, in whole or in part until such an appeal has been determined.

Payments on death

69

(1) On the death of a person who has made a claim for benefit, the Secretary of State may appoint such person as the Secretary of State thinks fit to proceed with the claim.

(2) Any sum which is payable under an award on a claim proceeded with under paragraph (1) is to be paid to the personal representatives of the deceased, or to such other persons as the Secretary of State considers fit.

(3) An award on a claim proceeded with under paragraph (1) is not to provide for payment of benefit for any period after the date of death.

PART 9 — THIRD PARTIES

Persons under 18

70

(1) Where a child is less than the age of 18, a claim for child's payment must be made by the child's parent or by a person having legal responsibility for the child and such a person may exercise on behalf of the child the powers specified in articles 50, 53, and 59, and has the duty imposed by article 63(2)(a) (provision of further information).

(2) Where the Secretary of State is satisfied that a claim for child's payment made by a person referred to in paragraph (1) cannot be determined because the person making the claim has not provided information requested under article 63(2)(a), the Secretary of State must appoint a person to pursue the claim on the child's behalf.

(3) Where the Secretary of State has made an appointment under paragraph (2)—

(a) the Secretary of State may at any time revoke it and make another appointment under paragraph (2); and

(b) the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

(4) Subject to paragraph (5), child's payment awarded in respect of an eligible child aged less than 18 is to be paid to the child's parent or the person having legal responsibility for the child.

(5) Where paragraph (6) applies the Secretary of State may, in writing, appoint a person to—

(a) receive child's payment on behalf of the child; and

(b) apply child's payment for the benefit of the child.

(6) This paragraph applies if the Secretary of State considers that it is in the interests of the child that a person other than the parent or person having legal responsibility for the child should be paid the child's payment.

(7) Where a person appointed under paragraph (2) or (5) is a natural person, the person must be over the age of 18.

(8) The Secretary of State may, before appointing a person under paragraph (5), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the child's payment.

(9) Where the Secretary of State has made an appointment under paragraph (5)—

(a) the Secretary of State may at any time revoke it and either—

(i) make another appointment under paragraph (5); or

(ii) pay the child's payment to the parent or the person having legal responsibility for the child; and

(b) the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

Persons who are mentally infirm

71

(1) Where—

(a) a person (“M”) is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by M or on M's behalf,

(b) M is, in the opinion of the Secretary of State incapable of managing their own affairs by reason of mental infirmity, and

the Secretary of State may in writing appoint a person (who, if a natural person, is over the age of 18) to act for M in respect of this Order.

(2) A person appointed under paragraph (1) must—

(a) exercise, on behalf of M, any right to which M may be entitled under this Order and fulfil on M's behalf any duty imposed on M by this Order;

(b) receive and deal with any sums payable to M under this Order; and

(3) Where the Secretary of State has made an appointment under paragraph (1)—

(a) the Secretary of State may at any time revoke it and make another appointment under paragraph (1); and

(b) the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

(4) The Secretary of State may, before appointing a person under paragraph (1), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the sums paid in respect of M.

PART 10 — UP-RATING

Annual up-rating of guaranteed income payment, survivor's guaranteed income payment and child's payment

72

The annual amount of guaranteed income payment, survivor's guaranteed income payment or child's payment is to increase as if these payments were pensions eligible to be increased under the Pensions (Increase) Act 1971 .

Up-rating of relevant salary for the purposes of articles 24, 34 and 36

73

(1) This article applies where in the definition of “relevant salary” in articles 24(6)(b), 34(3)(a) and 36(9)(a), the salary of a former member is required to be up-rated for inflation.

(2) The Secretary of State is to review the salary on the departure day, estimated in such manner as the Secretary of State thinks fit, to determine whether it would have retained its value in relation to the general level of prices obtaining in the United Kingdom on the payment date.

(3) Where it appears to the Secretary of State that the general level of prices is greater on the payment date than it was on the departure day, the relevant salary is to be determined in accordance with paragraph (4).

(4) The relevant salary is to be the amount of the former member's salary on the departure day increased by the percentage by which the general level of prices is greater on the payment date than it was on the departure day.

(5) In this article—

(a) “the departure day” means the day service ended or the date of death, whichever is applicable to the case;

(b) “the payment date” means the date on which guaranteed income payment, survivor's guaranteed income payment or child' payment is paid for the first time.

(6) This article does not apply to determining the actual salary of a former member for the purpose of article 24(7)(b), 34(4)(b) or 36(10)(b), whichever is applicable to the case.

PART 11 — ADDITIONAL BENEFIT

Interpretation of Part 11

74

In this Part—

(a) “original decision” means—

(i) a decision by the Secretary of State in relation to the descriptor and tariff level for the qualifying injury made in accordance with the provisions of the AFCS 2005; or

(ii) a decision of an appropriate tribunal, the Upper Tribunal, a Social Security Commissioner or a court revising a decision referred to in paragraph (i).

(b) “qualifying injury” means an injury or injuries which is described by one descriptor to which an entitlement to injury benefit was determined before 9th May 2011 and—

(i) injury benefit was paid or payable before that date; or

(ii) no injury benefit was payable under article 15(2) of the AFCS 2005 because the injury was the fourth or subsequent injury sustained in the same incident.

(d) “specified injury” means an injury or injuries or the effect of an injury or injuries which is—

(i) a qualifying injury; and

(ii) an injury from a category specified in column (a) of the Table in Schedule 5; and

(iii) the original decision determined that the injury was described by a descriptor in the AFCS 2005 in the table specified in column (b).

Additional benefit

75

(1) The Secretary of State is to award additional benefit for a qualifying injury and in respect of a death (where a claim for death benefit was determined and paid before 9th May 2011) in accordance with the provisions of this Part.

(2) Additional benefits payable for a qualifying injury are—

(a) a further lump sum benefit determined in accordance with article 78;

(b) an additional guaranteed income payment determined in accordance with article 79; and

(3) Additional benefits payable in respect of death are—

(a) an additional survivor's guaranteed income payment determined in accordance with article 81;

(b) an additional child's payment determined in accordance with article 82; and

Tariff level for a qualifying injury

76

(1) The tariff level for a qualifying injury which is not a specified injury is the tariff level determined in the original decision.

(2) Where a qualifying injury is a specified injury the tariff level is to be determined in accordance with paragraph (3).

(3) Where a specified injury is described by a descriptor which gives rise to an entitlement to a tariff level—

(a) at a higher level than awarded in the original decision, the tariff level is to be the higher level;

(b) at the same or a lower level as the original decision, the tariff level is to be the same as awarded in the original decision.

Supplementary award, relevant amount and relevant percentage for a qualifying injury

77

(1) The lump sum for a qualifying injury is the amount specified in column (b) of Table 10 of the tariff in relation to the tariff level determined in accordance with article 76.

(2) A supplementary award of £60,000 is payable where a qualifying injury—

(a) is a traumatic physical injury;

(b) is described by a descriptor from Table 2 of the tariff; and

(3) The relevant amount for a qualifying injury is the total amount of—

(a) a lump sum determined in accordance with paragraph (1);

(b) any supplementary award determined in accordance with paragraph (2); and

(i) £3,000 for a limb injury or fracture of a limb accompanied by acute compartment syndrome requiring operative treatment; or

(ii) £1,000 for a perforated tympanic membrane or an open fracture.

(4) This paragraph applies where the increase to the lump sum was awarded in the original decision and—

(a) was paid; or

(b) was not paid because the qualifying injury in respect of which it was awarded for the fourth or subsequent injury sustained in the same incident.

(5) Except where paragraph (6) applies, the relevant percentage for a qualifying injury is to be the same as awarded in the original decision.

(6) This paragraph applies where a qualifying injury is a specified injury and the tariff level for the injury—

(a) is revised under article 76(3)(a); and

(b) is within tariff levels 1 to 11.

(7) Where paragraph (6) applies, the relevant percentage is to be determined in accordance with article 24(3) and (4).

Award of further lump sum benefit

78

(1) The Secretary of State is to award a further lump sum benefit in accordance with this article.

(2) The amount of the further lump sum benefit is A – B where—

(a) “A” is the amount of benefit that would have been awarded for a qualifying injury if that amount has been determined in accordance with paragraph (3):

(b) “B” is the combined total of all previous awards of lump sum, additional multiple injury lump sum and additional lump sum applicable to the qualifying injury.

(3) The amount of benefit is—

(a) the relevant amount for a qualifying injury (determined in accordance with article 77(3)), or a percentage of that relevant amount; and

(b) determined in accordance with articles 18 to 22 with the modifications specified in Schedule 6.

(4) Only one award of further lump sum benefit is to be made for a qualifying injury.

(5) The total amount payable under paragraph (2) is not, taking into account all previous awards of lump sum, additional lump sum and additional multiple injury lump sum applicable to the qualifying injury or injuries sustained in or arising from one incident, to exceed the amount specified in column (b) of Table 10 of the tariff for an injury at tariff level 1.

Award of additional guaranteed income payment

79

(1) This article applies where for any period before 9th May 2011 a former member was—

(a) in receipt of guaranteed income payment; or

(b) entitled to guaranteed income payment for a qualifying injury, but guaranteed income payment was not payable due to the reduction of that payment under article 31(2) of the AFCS 2005.

(2) The Secretary of State is to award an additional guaranteed income payment in accordance with this article.

(3) The additional guaranteed income payment is—

(a) where paragraph (1)(a) applies, (A–B)–C;

(b) where paragraph (1)(b) applies, A–B.

(4) In this article —

(a) “A” is the total amount of guaranteed income payment which would have been payable if the annual amount had been calculated in accordance with article 24; and—

(i) where paragraph (1)(a) applies, if that amount had been paid from the date payment commenced until the date specified in paragraph (5); and

(ii) where paragraph (1)(b) applies, if that amount had been paid for the period specified in paragraph (6).

(b) “B” is the adjustment of the total amount determined in accordance with article 39(3);

(c) “C” is the amount of guaranteed income payment paid from the date payment commenced until the date specified in paragraph (5).

(5) The date referred to in paragraph (4)(a)(i) and (4)(c) is whichever is the earlier of—

(a) the date of the former member's death; or

(b) 8th May 2011.

(6) The period referred to in paragraph (4)(a)(ii) is the period—

(a) commencing with whichever is the later of—

(i) the day after the former member's service ends; or

(ii) the date of the claim for injury benefit for the qualifying injury; and

(b) ending with whichever is the later of the dates specified in paragraph (5).

Award of guaranteed income payment for a specified injury

80

(1) This article applies where—

(a) the tariff level for a specified injury is revised under article 76 to within tariff levels 1 to 11; and

(b) guaranteed income payment was not payable to a former member because no qualifying injury gave rise to an entitlement within tariff levels 1 to 11.

(2) The Secretary of State is to award a guaranteed income payment in accordance with this article.

(3) The income benefit is A–B where —

(a) “A” is the total amount of guaranteed income payment which would have been payable if the annual amount—

(i) had been determined in accordance with article 24; and

(ii) had been paid for the period specified in paragraph (4).

(b) “B” is the adjustment of the annual amount of guaranteed income payment determined in accordance with article 39(3).

(4) The period referred to in paragraph (3)(a)(ii) is the period—

(a) commencing with whichever is the later of—

(i) the day after the former member's service ends; or

(ii) the date of the claim for injury benefit for the specified injury; and

(b) ending with whichever is the later of —

(i) the date of the former member's death; or

(ii) 8th May 2011.

Additional survivor's guaranteed income payment

81

(1) This article applies where for any period before 9th May 2011 a surviving spouse, civil partner or surviving adult dependant was —

(a) in receipt of survivor's guaranteed income payment; or

(b) entitled to survivor's guaranteed income payment, but survivor's guaranteed income payment was not payable due to the reduction of that payment under article 31(3) of the AFCS 2005.

(2) The Secretary of State is to award an additional survivor's guaranteed income payment in accordance with this article.

(3) The additional survivor's guaranteed income payment is—

(a) where paragraph (1)(a) applies, (A–B)–C;

(b) where paragraph (1)(b) applies, A–B.

(4) In this article —

(a) “A” is the total amount of survivor's guaranteed income payment which would have been payable (irrespective of any deduction for income tax) if the annual amount had been calculated in accordance with article 34, and—

(i) where paragraph (1)(a) applies, if that amount had been paid from the date payment commenced until the date specified in paragraph (5); and

(ii) where paragraph (1)(b) applies, if that amount had been paid for the period specified in paragraph (6).

(b) “B” is the adjustment of the total amount determined in accordance with article 39(4).

(c) “C” is the amount of survivor's guaranteed income payment paid from the date payment commenced until the date specified in paragraph (5).

(5) The date referred to in paragraphs (4)(a)(i) and (4)(c) is whichever is the earlier of —

(a) the date of death of the surviving spouse, civil partner or surviving adult dependant; or

(b) 8th May 2011.

(6) The period referred to in paragraph (4)(a)(ii) is the period—

(a) commencing with whichever is the later of—

(i) the day after the date of death of the former member; or

(ii) the date of claim; and

(b) ending with whichever is the earlier of the dates in paragraph (5).

Additional child's payment

82

(1) This article applies where for any period before 9th May 2011 an eligible child was—

(a) in receipt of child's payment; or

(b) entitled to child's payment but child's payment was not payable due to the reduction of that payment under article 31(3) of the AFCS 2005.

(2) The Secretary of State is to award additional child's payment in accordance with this article.

(3) The additional child's payment is—

(a) where paragraph (1)(a) applies (A–B)–C;

(b) where paragraph (1)(b) applies A–B.

(4) In this article —

(a) “A” is the total amount of child's payment which would have been payable (irrespective of any deduction for income tax) if the annual amount had been calculated in accordance with article 36, and—

(i) where paragraph (1)(a) applies, if that amount had been paid from the date payment commenced until the date specified in paragraph (5); and

(ii) where paragraph (1)(b) applies, if that amount had been paid for the period specified in paragraph (6);

(b) “B” is the adjustment of the total amount determined in accordance with article 39(4).

(5) The date referred to in paragraphs (4)(a)(i) and (4)(c) is whichever is the earlier of —

(a) the date of death of the child; or

(b) 8th May 2011.

(6) The period referred to in paragraph (4)(a)(ii) is the period—

(a) commencing with whichever is the later of—

(i) the day after the date of death of the former member; or

(ii) the date of claim; and

(b) ending with whichever is the earlier of the dates in paragraph (5).

(7) Where an eligible child has been paid, or, in the case of paragraph (1)(b) was entitled to, child's payment for more than one period, an additional child's payment determined in accordance with this article is payable for each period.

Additional bereavement grant

83

(1) The Secretary of State is to award an additional bereavement grant (“an additional grant”) to a surviving spouse, civil partner or surviving adult dependant determined in accordance with this article.

(2) An additional grant of £10,000 is payable where—

(a) a member of the reserve forces who was not a member of a reserve forces pension scheme died in service on or after 6th April 2005 and before 3rd August 2010; or

(b) a former member died on or after 6th April 2005 and a claim for benefit in respect of the death of the member was made before 3rd August 2010.

(3) An additional grant of £20,000 is payable where a member—

(a) died in service on or after 6th April 2005 and before 3rd January 2011;

(b) was a member of the AFPS 1975; and

(4) In the event that there is more than one surviving spouse entitled to the additional grant the amount payable to each surviving spouse is the amount specified in paragraph (2) or (3) divided by the number of surviving spouses so entitled at the death of the member or former member.

(5) In this article a “reserve forces pension scheme” means the FTRS 1997, the NRPS 2011 or the RFPS 2005.

PART 12 — TRANSITIONAL PROVISIONS, REVOCATIONS AND SAVINGS

General

84

(1) Anything done or begun under a provision of the AFCS 2005 which has been re-enacted (with or without amendment) under this Order is to be treated as having been done or begun under the corresponding provision of this Order.

(2) No award already made to or in respect of any person under the AFCS 2005 may by virtue only of the coming into force of this Order be re-assessed to that person's disadvantage.

Claims and applications for reconsideration or review made before 9th May 2011

85

(1) Where paragraph (2) applies, and subject to article 88, a claim, a reconsideration, or a review is to be determined in accordance with this Order.

(2) This paragraph applies where before 9th May 2011—

(a) a claim or application, under a provision of the AFCS 2005 specified in paragraph (3) was made, but a decision on that claim or application was not given or sent to the claimant before that date;

(b) an appeal was made to an appropriate tribunal but the Secretary of State had not reconsidered the decision under appeal under article 45(5) of the AFCS 2005 before that date.

(3) The claims and applications referred to in paragraph (2) are—

(a) a claim for injury benefit or death benefit under article 35, including a case where a claim is not required under article 37;

(b) an application for reconsideration under article 45(1);

(d) an application for review under article 49(1).

(4) In paragraph (2)(a) “a decision on that claim or application” means a decision under the following provisions of the AFCS 2005—

(a) article 43(1);

(b) article 45(2);

(d) article 49(3).

Decisions made before 9th May 2011

86

(1) Where paragraph (2) applies, and subject to article 88, the Secretary of State is to determine a reconsideration or review in accordance with this Order.

(2) This paragraph applies where on or after 9th May 2011 the Secretary of State reconsiders or reviews a decision made before 9th May 2011 in the circumstances specified in paragraph (3).

(3) The circumstances referred to in paragraph (2) are—

(a) a person makes an application on or after 9th May 2011 for reconsideration under article 53(1);

(b) an appeal is made to an appropriate tribunal on or after 9th May 2011 and article 53(5) applies;

(c) the Secretary of State reviews a decision under article 58 or 59 (including a review under article 59 following an application by the claimant made on or after 9th May 2011);

(d) the Secretary of State reviews a decision under article 47 of the AFCS 2005 in respect of a member of the forces who was discharged on medical grounds before 9th May 2011 for the same injury for which an award of injury benefit was made before the member was discharged.

(4) Where an application for review under article 55, 56 or 57 is made on or after 9th May 2011 in respect of a decision made before 9th May 2011 the Secretary of State is to review that decision in accordance with this Order.

Decisions revised by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court

87

(1) This paragraph applies where—

(a) the Secretary of State makes an award of additional benefit; and

(b) a decision made before 9th May 2011 relating to the amount of benefit awarded is revised (“the revised decision”) by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court after that award has been made.

(2) Where paragraph (1) applies, the Secretary of State is to take account of the award of additional benefit when implementing the revised decision.

(3) This paragraph applies where a decision made before 9th May 2011 that no benefit is payable in respect of an injury or a death is revised (“the revised decision”) by an appropriate tribunal, the Upper Tribunal, a Commissioner or a court.

(4) Where paragraph (3) applies, and subject to article 88, the Secretary of State is to implement the revised decision in accordance with this Order.

Power to apply provisions in the AFCS 2005 and disapply provisions in this Order

88

(1) This article applies to a claim, reconsideration or review where—

(a) article 85(2) applies; or

(b) article 86(2) applies.

(2) The Secretary of State must not determine the claim, reconsideration or review to the detriment of the claimant.

(3) Where the Secretary of State considers it just and equitable in all the circumstances of the case the Secretary of State may—

(a) apply one or more of the following provisions in the AFCS 2005, in whole or in part, which were in force at the date of claim—

(i) article 10 (injury and death benefits);

(ii) Tables 1 to 9 of Schedule 4 (the tariff) .

(b) disapply one or more of the following provisions in this Order in whole or in part—

(i) article 5 (descriptor, further interpretation);

(ii) article 11 (injury and death –exclusions);

(iii) Part 11 (additional benefit);

(iv) Tables 1 to 9 of Part 1 of Schedule 3 (tariff).

Time limit for application for reconsideration

89

(1) Subject to paragraph (2), the period for making an application for a reconsideration under article 53(3) in relation to a decision made before 9th May 2011 is 1 year starting from the date the decision was given or sent to the claimant.

(2) The period of 1 year does not apply to an application for a reconsideration if the period of 3 months for making an application under article 45(1) of the AFCS 2005 expired before 9th May 2011.

Fast payment and medical expenses

90

(1) Article 27 (fast payment) applies only where an injury is sustained on or after 9th May 2011.

(2) Where a former member whose service ended before 9th May 2011 applies for medical expenses under article 28, that article is to be construed in accordance with paragraph (3).

(3) The condition in article 28(2)(b) is satisfied if the person becomes ordinarily resident outside the United Kingdom within 1 year starting with 9th May 2011, and paragraph (5) of that article is to be construed accordingly.

Review under article 55 (review – service termination)

91

Article 55 applies only where a person's service in the forces ends on or after 9th May 2011.

Payment of guaranteed income payment

92

(1) Where a person is in receipt of guaranteed income payment immediately before 9th May 2011 the annual amount of that payment—

(a) is to be re-determined in accordance with article 24;

(b) adjusted in accordance with article 39(3); and

(2) Where the relevant percentage for payment of guaranteed income payment is revised under article 77(6), the re-determination referred to in sub-paragraph (a) is to be at the revised percentage.

(3) Where an additional benefit is payable under article 80 to a former member, guaranteed income payment is—

(a) to be determined in accordance with article 24;

(b) to be adjusted in accordance with article 39(3); and

(4) This paragraph applies where a claim for injury benefit giving rise to an entitlement to guaranteed income payment was determined before 9th May 2011, but guaranteed income payment was not in payment immediately before 9th May 2011.

(5) Where paragraph (4) applies the annual amount of guaranteed income payment is—

(a) to be determined in accordance with article 24;

(b) to be adjusted in accordance with article 39(3); and

Payment of survivor's guaranteed income payment and child's payment

93

(1) Where a person is in receipt of survivor's guaranteed income payment or child's payment immediately before 9th May 2011 the annual amount of that payment—

(a) is to be re-determined in accordance with article 34 or 36, as is applicable to the case;

(b) adjusted in accordance with article 39(4); and

(2) This paragraph applies where—

(a) a claim for death benefit giving rise to an entitlement to survivor's guaranteed income payment or child's payment to an eligible child was determined before 9th May 2011; and

(b) that survivor's guaranteed income payment or child's payment was not in payment immediately before 9th May 2011.

(3) Where paragraph (2) applies, the annual amount of survivor's guaranteed income payment or child's payment is—

(a) to be determined in accordance with articles 34 or 36, whichever is applicable to the case;

(b) to be adjusted in accordance with article 39(4);

Revocations and savings

94

(1) Subject to this article, the instruments specified in Schedule 7 are revoked.

(2) The following provisions continue to have effect in relation to claims made before 9th May 2011 for the purpose of article 88(3)—

(a) article 10 and Tables 1 to 9 of Schedule 4 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (“the 2005 Order”) relation to claims made before 29th June 2006;

(b) articles 2 and 4 (amendment of article 10 of the 2005 Order) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (“the 2006 Order”) in respect of claims made on or after 30th June 2006 and before 9th May 2011;

(c) article 18 (insertion of Tables 1 to 9 of Schedule 4 of the 2005 Order) of the 2006 Order in respect of claims made on or after 30th June 2006 and before 16th September 2008;

(d) article 15 (amendments to Table 5 of the 2005 Order and transitional provisions) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008 (“the 2008 No. 2 Order”) in relation to claims made on or after 8th February 2008 and before 16th September 2008;

(e) article 3 (insertion of Tables 1 to 9 of Schedule 4 of the 2005 Order and transitional provisions) of the 2008 No. 2 Order in relation to claims made on or after 16th September 2008;

(f) article 2 (amendment to Table 6 of Schedule 4 of the 2005 Order and transitional provisions) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009 in relation to claims made on or after 11th January 2010;

(g) article 11 and the Schedule (amendments to Tables 1 to 9 of Schedule 4 of the 2005 Order), and article 12(1) and 12(2)(c) (transitional provisions) of the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 in relation to claims made on or after 3rd August 2010.

(3) Article 47 of the 2005 Order (review on discharge on medical grounds) continues to have effect where a member was discharged on medical grounds before 9th May 2011 for the same injury for which an award of injury benefit was made before the member was discharged.

SCHEDULE 1 — MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

PART 1 — SUBSTANTIAL RELATIONSHIP

1

In deciding whether a relationship of a deceased member (“the deceased”) and the claimant is a substantial relationship, the Secretary of State is to have regard to—

(a) any evidence which the claimant considers demonstrates that the relationship is substantial; and

(b) must in particular have regard to the examples of the evidence specified in paragraph 2 which could, either alone or together, indicate that the relationship is substantial.

2

The evidence referred to in paragraph 1(b) is—

(a) evidence of regular financial support of the claimant by the deceased;

(b) evidence of a valid will or life insurance policy, valid at the time of the deceased's death, in which—

(i) the deceased nominates the claimant as principal beneficiary or co-beneficiary with children; or

(ii) the claimant nominates the deceased as the principal beneficiary;

(c) evidence indicating that the deceased and the claimant were purchasing accommodation as joint owners or evidence of joint ownership of other valuable property, such as a car or land;

(d) evidence of a joint savings plan or joint investments of a substantial nature;

(e) evidence that the deceased and the claimant operated a joint account for which they were co-signatories;

(f) evidence of joint financial arrangements such as joint repayment of a loan or payment of each other's debts;

(g) evidence that the deceased or the claimant had given the other a power of attorney;

(h) evidence that the names of both the deceased and the claimant appeared on a lease or rental agreement, if they lived in rented accommodation;

(i) evidence that the deceased and the claimant shared responsibility for children;

(j) evidence of the length of the relationship.

PART 2 — EXCLUSIVE RELATIONSHIP

3

A relationship is not an exclusive relationship if—

(a) 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

(b) 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.

SCHEDULE 2 — MODIFICATIONS FOR RESERVE FORCES

Modification of article 2 (interpretation)

1

The following definitions are inserted in article 2(1) in the appropriate alphabetical order—

“relevant service” has the same meaning as in regulations made under sections 83 and 84 of the Reserve Forces Act 1996 ;

“reservists' award” means an award payable to a member of a reserve force by virtue of regulations made under sections 83 and 84 or the Reserve Forces Act 1996 in respect of financial loss suffered by the member during relevant service, but does not include—any award payable to a self-employed member of a reserve force in respect of the member's status as an employer;any amount payable to a reservist as a result of expenses incurred by the member during a period of relevant service; orany payments made into the member's civilian occupational pension scheme.

Modification of article 4 (definition of “salary”)

2

(1) For paragraph (1) of article 4 substitute the following paragraph—

(1) Subject to paragraph (3), in this Order “salary”, in relation to a member of the reserve forces in respect of whom benefit is payable, means— (a) the basic pay payable at the rate of a regular member of the forces who is of equivalent substantive rank, or acting rank, as the case may be, and seniority; (b) an amount which represents any reservist's award to which the member is entitled on the day the member leaves the service by virtue of being in relevant service on that day; (c) where the member is not in relevant service on the day the member leaves service, an amount which represents any reservist's award to which there would have been an entitlement had the member been in relevant service on that day; and (d) any other amount if and to the extent that the Defence Council have determined that it is to be treated as salary.

(2) In article 4(2) for “(1)(b)” substitute “ (1)(d) ”.

Modification of article 11 (injury and death – exclusions relating to travel, sport and slipping or tripping)

3

In article 11(10)(b) after “temporarily attached” insert “ for the purpose of service in the reserve forces. ”.

Modification of article 35 (amount of bereavement grant)

4

Where death is caused wholly or partly by service in the reserve forces, for article 35 substitute the following article—

(35) (1) 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. (2) Subject to paragraph (3), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500. (3) Where the person was an active member of the RFPS 2005 or the AFPS 2015 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the date of death and the amount specified in paragraph (1). (4) Where a former member of the reserve forces dies, the bereavement grant is £37,500. (5) In the event that there is more than one surviving spouse or eligible child entitled to the bereavement grant, the amount to which each such surviving spouse or eligible child is entitled is to be the amount payable, in accordance with the provisions of this article, divided by the number of spouses or eligible children so entitled at the date of death of the member or former member of the reserve forces. (5A) In the case of a bereavement grant payable to an eligible child paragraph (5) applies only where at the time the grant is paid— (a) a claim for child's payment has been made by or on behalf of an eligible child; or (b) the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member. (6) 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 FTRS 1997, the NRPS 2011 or the RFPS 2005.

Modification of article 39 (adjustment of guaranteed income payment, survivor's guaranteed income payment and child's payment to take account of other amounts)

5

For article 39 substitute the following article—

(39) (1) This article applies where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which the person is also entitled to— (a) a pension under the AFPS 1975, the AFPS 2005 , AFPS 2015 or the Gurkha Pension Scheme (“a pension”); (b) a payment under the Armed Forces Early Departure Payments Scheme Order 2005 or the Armed Forces Early Departure Payments Scheme Regulations 2014 (“a payment”) ; (c) a pension under the FTRS 1997, the NRPS 2011 or the RFPS 2005 (“a reserve forces pension”); or (d) benefit under an occupational pension scheme or a personal pension scheme in respect of the same injury or death for which guaranteed income payment, survivor's guaranteed income payment or child's payment is paid (“a civilian pension”). (2) Guaranteed income payment, survivor's guaranteed income payment or child's payment, as the case may be, is adjusted in accordance with paragraphs (3) or (5). (3) Where a person is entitled to a guaranteed income payment for any period during which the person is also entitled to a pension or payment— (a) specified in paragraph (4)(a), the amount of guaranteed income payment is reduced by 75% of that pension or payment; (b) specified in paragraph (4)(b), the amount of guaranteed income payment is reduced by the full amount of that pension. (4) The pensions or payment referred to— (a) in paragraph (3)(a) are— (i) a pension or a reserve forces pension which is not an ill-health pension paid for the same injury for which guaranteed income payment is paid; (ii) a payment; or (iii) a civilian pension; (b) in paragraph (3)(b), are a pension or a reserve forces pension which is an ill-health pension or a payment paid for the same injury for which the guaranteed income payment is paid. (5) Where a person is entitled to a survivor's guaranteed income payment or a child's payment for any period during which the person is also entitled to a pension, specified in paragraph (1)(a), (c) or (d), then the amount of the survivor's guaranteed income payment or child's payment is reduced by 75 % of the amount of that pension. (6) Where an amount of a pension or payment specified in paragraph (1) increases or decreases (including commencement or cessation), after an award of benefit is made, the Secretary of State is to make such adjustments to the amount of guaranteed income payment, survivor's guaranteed income payment or child's payment as are required to satisfy the rules for the adjustment of benefit specified in this article. (7) In this article— (a) any reference to a pension, payment, reserve forces pension, civilian pension or ill-health pension means the gross amount, irrespective of any commutation; (b) “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 ; (c) “personal pension scheme” means a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 established within section 154(1) of the Finance Act 2004 .

SCHEDULE 3 — THE TARIFF AND SUPPLEMENTARY AWARDS

PART 1 — DESCRIPTORS, TARIFF LEVELS AND AMOUNTS - “THE TARIFF”

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