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

JurisdictionUK Non-devolved
CitationSI 2011/517

2011 No. 517

Pensions

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

Made 23th February 2011

Laid before Parliament 28th February 2011

Coming into force 9th May 2011

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

1 PRELIMINARY

PART 1

PRELIMINARY

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and comes into force on 9th May 2011.

S-2 Interpretation

Interpretation

2. In this Order—

(1) “the AFCS 2005” means the Scheme established by the Armed Forces and Reserve Forces (Compensation Scheme) Order 20052;

“the AFPS 1975” means the occupational pension scheme arrangements set out in—

(a) the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 16th December 20103;

(b) the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 made on 15th December 20104;

(c) the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 15th December 20105;

“the AFPS 2005” means the Scheme established in the Armed Forces Pension Scheme Order 20056;

“accredited medical specialist” means a medical practitioner whose name is included in the specialist register kept and published by the General Medical Council as required by section 34D of the Medical Act 19837;

“acting rank” means a rank where a member of the forces is appointed to a post above the member’s substantive rank, and is paid at the rate appropriate to the higher rank;

“additional benefit” means a benefit specified in article 75(2) and (3);

“additional lump sum” means a benefit previously awarded under article 15C8of the AFCS 2005;

“additional multiple injury lump sum” means a benefit previously awarded under article 15B9of the AFCS 2005;

“appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 194310;

“benefit” means a benefit payable under this Order;

“bereavement grant” means the grant referred to in article 29(1)(b);

“body zone” is to be construed in accordance with article 20;

“child’s payment” means the payment referred to in article 29(1)(c) and determined in accordance with article 36;

“claimant” means a person who has claimed benefit, a person to whom benefit has been paid and a person affected by any decision of the Secretary of State made under this Order;

“claim form” means the form referred to in article 44(b);

“a Commissioner” means a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 194311;

“death benefit” means a benefit referred to in article 29;

“descriptor” means a description of an injury in column (b) of Tables 1 to 9 of the tariff, and is to be construed in accordance with article 5;

“downgraded” means downgraded for medical reasons as a result of which the person downgraded undertakes a reduced range of duties but retains rank and pay;

“eligible child” has the meaning given in article 31;

“fast payment” means the benefit referred to in article 27;

“final decision” means a decision referred to in article 54;

“forces” means the armed forces and the reserve forces;

“former member” means a former member of the forces;

“the FTRSPS 2010” means the occupational pension scheme for members of the Full-Time Reserve Service12established by regulations made by the Defence Council13in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 199614;

“guaranteed income payment” is the payment referred to in article 15(1)(c) and determined in accordance with article 24;

“Gurkha Pension Scheme” means the Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949)15;

“ill-health pension” means a pension paid under —

(a) rules D1 and D7 (where the ill-health condition is met) of the instruments referred to in the definition of the AFPS 1975;

(b) rule D5 or D6 of the AFPS 2005; or

(c) provisions in the FTRSPS 2010, the Gurkha Pension Scheme, the NRPSPS or the RFPS 2005 equivalent to a pension specified in sub-paragraph (a) or (b) above;

“illness” means a physical or mental disorder included either in the International Statistical Classification of Diseases and Related Health Problems16or in the Diagnostic and Statistical Manual of Mental Disorders17;

“injury” includes illness except in relation to determining eligibility for a fast payment in article 27(1)(a);

“injury benefit” means a lump sum, a supplementary award and guaranteed income payment;

“interim award” means an award under article 52(1);

“lump sum”, except in the expressions “additional lump sum” and “additional multiple injuries lump sum”, means the sum referred to in article 15(1)(a) and determined in accordance with article 16(3);

“medical expenses” means the expenses referred to in article 28;

“member” member means a member of the forces;

“the NRPSPS” means the occupational pension scheme for members of the Non-Regular Permanent Staff18set out in Chapter 9 of the Territorial Army Regulations 197819made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;

“predominant” means more than 50%;

“the RFPS 2005” means the occupational pension scheme for members of the reserve forces established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;

“service” means service as a member of the forces;

“Service Personnel and Veterans Agency” means an office designated by the Secretary of State for the purpose of receiving and determining applications for benefit;

“substantial and exclusive relationship” is to be construed in accordance with Schedule 1;

“supplementary award” means an award referred to in article 15(1)(b) and determined in accordance with article 16(5) and Part 2 of Schedule 3;

“surviving adult dependant” has the meaning given in article 30;

“survivor’s guaranteed income payment” is the payment referred to in article 29(1)(a) and determined in accordance with article 34;

“tariff” means the tables of injuries and amounts set out in Part 1 of Schedule 3;

“tariff level” means the level of the tariff specified in column (a) of Tables 1 to 10 of Part 1 of Schedule 3;

“temporary award” means an award referred to in article 26.

(2) In this Order, any reference to claiming a benefit or to a claim—

(a)

(a) is to be treated as including a case where, by virtue of article 45, it is not a condition of entitlement to benefit that a claim be made;

(b)

(b) in the case of a claim for injury benefit, means a claim for one injury even where claims for more than one injury are made on the same claim form.

(3) In this Order, a person is “discharged on medical grounds” if the discharge is on the grounds that the person is medically unfit to continue in service, and as a result is entitled to an ill-health pension.

S-3 Definition of “late onset illness”

Definition of “late onset illness”

3. A “late onset illness” is—

(a) a malignancy, or other physical disorder which is capable of being caused by an occupational exposure occurring 7 or more years before the onset of the illness or the date of death as the case may be;

(b) a mental disorder which is capable of being caused by an incident occurring 7 or more years before the onset of the illness; or

(c) a mental disorder capable of being caused by an incident occurring less than 7 years before the date of onset of the illness, which disorder is capable of causing the person suffering from it to be unable to seek medical help for the disorder within 7 years of the date of onset of the illness.

S-4 Definition of “salary”

Definition of “salary”

4.—(1) Subject to the following provisions of this article, in this Order “salary”, in relation to a member or former member in respect of whom benefit is payable, means—

(a)

(a) basic pay payable at the rate for a person of the member’s substantive rank, or acting rank as the case may be, and seniority; and

(b)

(b) any other amount if and to the extent that the Defence Council have determined that it is to be treated as salary.

(2) Subject to paragraph (1)(b), “salary” does not include—

(a)

(a) any allowances; or

(b)

(b) any additional amounts payable in respect of particular qualifications or duties (including payable to medical or dental officers), the location of service or the conditions in which service is temporarily performed.

(3) “Salary” does not include any description of payment that the Secretary of State has determined is not to be treated as salary.

S-5 Descriptor, further interpretative provisions

Descriptor, further interpretative provisions

5.—(1) Subject to article 25, a descriptor is to be construed as encompassing the expected effects of the primary injury and its appropriate clinical management, short of a discrete diagnosable disorder, including, but not limited to—

(a)

(a) pain and suffering due to the primary injury;

(b)

(b) the effect of operative intervention, including pain, discomfort and scarring;

(c)

(c) the effect of therapeutic drug treatment;

(d)

(d) the use of appropriate aids and appliances;

(e)

(e) associated psychological effects short of a discrete diagnosable disorder.

(2) The effects described in paragraph (1) include the effects both on directly damaged and indirectly affected body structures.

(3) The term “functional limitation or restriction” in relation to a descriptor means that, as a result of an impairment arising from the primary injury or its effects, a person—

(a)

(a) has difficulty in...

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