The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2160 |
| Year | 2008 |
2008 No. 2160
Pensions
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 20041makes the following Order:
Citation, commencement and interpretation
1.—(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)
2. 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 State has, 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
3.—(1) For Tables 1 – 9 of Schedule 4 (the Tariff) to the principal Order substitute—
Table 1 - Burns(*)
“Item |
Column (a) Level |
Column (b) Injury |
1. |
4 |
Burns, with deep second degree, third degree, or full thickness burns affecting 70 per cent or more of whole body surface area. |
2. |
5 |
Burns, with deep second degree, third degree, or full thickness burns affecting 50 to 69.9 per cent of whole body surface area. |
3. |
6 |
Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49.9 per cent of whole body surface area. |
4. |
6 |
Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, resulting in or expected to result in residual scarring and poor cosmetic outcome despite treatment and camouflage. |
5. |
7 |
Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck resulting in or expected to result in residual scarring and poor cosmetic results despite treatment and camouflage. |
6. |
8 |
Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 14.9 per cent of whole body surface area. |
7. |
9 |
Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck resulting in or expected to result in residual scarring and satisfactory cosmetic results with camouflage. |
8. |
11 |
Burns, with deep second degree, third degree, or full thickness burns affecting 4.5 to 8.9 per cent of whole body surface area. |
9. |
12 |
Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5 per cent of whole body surface area. |
10. |
12 |
Burns, with first degree or superficial second degree burns affecting more than 15 per cent of whole body surface area. |
11. |
13 |
Burns, with first degree or superficial second degree burns to the face or face and neck. |
12. |
14 |
Burns, with first degree or superficial second degree burns affecting 4.5 to 15 per cent of whole body surface area. |
13. |
15 |
Burns, with first degree or superficial second degree burns affecting 1 to 4.4 per cent of whole body surface area. |
(*) Awards for all burns include compensation for any residual scarring or pigmentation and take into account any skin grafting. | ||
(*) Awards for deep second degree, third degree or full thickness burns include compensation for actual or expected metabolic or cardiovascular consequences. | ||
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder. | ||
Table 2 – Injury, Wounds and Scarring(*)
Item |
Column (a) Level |
Column (b) Injury |
1. |
5 |
Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent significant functional limitation and restriction. |
2. |
5 |
Loss of both kidneys or chronic renal failure. |
3. |
6 |
Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent significant functional limitation and restriction. |
4. |
6 |
Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent significant functional limitation and restriction. |
5. |
6 |
Complex injury to chest, with complications, causing permanent significant functional limitation and restriction. |
6. |
7 |
Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation and restriction. |
7. |
7 |
Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent significant functional limitation and restriction. |
8. |
7 |
Injury to chest, with complications, causing permanent significant functional limitation and restriction. |
9. |
7 |
Complex injury to chest causing permanent significant functional limitation and restriction |
10. |
7 |
Complex injury to abdomen, including pelvis, with complications, causing permanent significant functional limitation and restriction. |
11. |
7 |
Severe facial lacerations including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment. |
12. |
8 |
Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation and restriction. |
13. |
8 |
Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing permanent significant functional limitation and restriction. |
14. |
8 |
Severe facial lacerations which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment. |
15. |
8 |
Injury to abdomen, including pelvis, with complications, causing permanent significant functional limitation and restriction. |
16. |
8 |
Complex injury to abdomen, including pelvis, causing permanent significant functional limitation and restriction. |
17. |
8 |
Injury to chest, causing permanent significant functional limitation and restriction. |
18. |
9 |
Injury to abdomen, including pelvis, causing permanent significant functional limitation and restriction. |
19. |
9 |
Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing permanent significant functional limitation and restriction. |
20. |
9 |
Complex injury covering all or most of the hand, with complications, causing permanent significant functional limitation and restriction. |
21. |
10 |
Serious permanent damage to, or loss of, one kidney. |
22. |
10 |
Severe facial lacerations which have required, or are expected to require, operative treatment resulting in or expected to result in a satisfactory cosmetic result. |
23. |
10 |
Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
24. |
10 |
Complex injury to chest, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
25. |
10 |
Complex injury covering all or most of the foot, with complications, causing permanent significant functional limitation and restriction. |
26. |
11 |
Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
27. |
11 |
Traumatic damage to spleen which has required splenectomy and where there is, or where there is a high risk of, overwhelming post-splenectomy infection. |
28. |
11 |
Severe facial scarring which produces a poor cosmetic result despite camouflage. |
29. |
11 |
High velocity gun shot wound, deep shrapnel fragmentation or one or more puncture wounds (or all or any combination of these injuries) to the head and neck, chest, back, abdomen or limb, with damage to one or more vital structures causing permanent significant functional limitation and restriction. |
30. |
11 |
Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
31. |
11 |
Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
32. |
11 |
Complex injury... |
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