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

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Definition of “late onset illness”

    4. 4.Definition of “salary”

    5. 5.Service of documents

  3. PART II THE COMPENSATION SCHEME

    1. 6.The Compensation Scheme

    2. 7.Injury caused by service

    3. 8.Injury made worse by service

    4. 9.Death caused by service

    5. 10.Injury and death – inclusions

    6. 11.Injury and death - exclusions

    7. 12.Modifications of provisions for members or former members of the reserve forces and Gurkhas

  4. PART III BENEFITS PAYABLE FOR INJURY

    1. 13.Interpretation of Part III

    2. 14.Description of benefits – injury

    3. 15.Amount of lump sum

    4. 16.Amount of guaranteed income payment

    5. 17.More than one injury - general

    6. 18.Injury to a pair of like parts of the body

    7. 19.More than one injury to the same part of the body

    8. 20.Temporary Awards

  5. PART IV BENEFITS PAYABLE FOR DEATH

    1. 21.Description of benefits - death

    2. 22.Meaning of “surviving adult dependant”

    3. 23.Meaning of “eligible child”

    4. 24.Eligible child - further provisions

    5. 25.Children born after the death of a member or former member of the forces

    6. 26.Amount of survivor’s guaranteed income payment

    7. 27.Amount of bereavement grant

    8. 28.Amount of child’s payment

    9. 29.Awards of child’s payment: later adjustment

    10. 30.Children entitled to three or more awards of child’s payment

  6. PART V REDUCTION OF BENEFIT

    1. 31.Reduction of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts.

    2. 32.Reduction in benefit to take account of awards of damages

    3. 33.Abatement of awards in respect of Social Security benefits

    4. 34.Negligence or misconduct

  7. PART VI CLAIMS

    1. 35.Entitlement to benefit dependant on claim

    2. 36.Manner of making a claim

    3. 37.Cases where claims are not required

    4. 38.Date of claim

    5. 39.Time for making a claim – general

    6. 40.Time for making a claim – exceptional circumstances

    7. 41.Time for making a claim – physical or mental incapacity

    8. 42.Withdrawal or amendment of claim

  8. PART VII ADJUDICATION

    1. 43.Decisions

    2. 44.Interim awards

    3. 45.Reconsideration

    4. 46.Finality of decisions

    5. 47.Review on discharge on medical grounds

    6. 48.Review – exceptional circumstances

    7. 49.Review – ignorance or mistake

    8. 50.Burden of proof

    9. 51.Standard of proof

    10. 52.Evidence

    11. 53.Information and medical examination

  9. PART VIII PAYMENT

    1. 54.Date on which awards of benefit become payable

    2. 55.Time of payment

    3. 56.Suspension – Pensions Appeal Tribunal

    4. 57.Suspension – Social Security Commissioner

    5. 58.Suspension – courts

    6. 59.Suspension in other cases

    7. 60.Payments on death

  10. PART IX THIRD PARTIES

    1. 61.Persons under 18

    2. 62.Persons who are mentally infirm

  11. PART X UP-RATING

    1. 63.Annual up-rating of guaranteed income payment, survivor’s guaranteed income payment and child’s payment

    2. 64.Up-rating of relevant salary for the purposes of articles 16, 26 and 28

  12. PART XI TRANSITORY PROVISION

    1. 65.Transitory provision: Coming into force of the Civil Partnership Act 2004

  13. Signature

    1. SCHEDULE 1

      MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

      1. PART I SUBSTANTIAL RELATIONSHIP

        1. 1.Evidence of regular financial support by the deceased.

        2. 2.Evidence of a valid will or life insurance policy, valid...

        3. 3.Evidence indicating that the deceased and the claimant were purchasing...

        4. 4.Evidence of a joint savings plan or joint investments of...

        5. 5.Evidence that the deceased and the claimant operated a joint...

        6. 6.Evidence of joint financial arrangements such as joint repayment of...

        7. 7.Evidence that the deceased or the claimant had given the...

        8. 8.If the deceased and the claimant lived in rented accommodation,...

        9. 9.Evidence that the deceased and the claimant shared responsibility for...

        10. 10.The length of the relationship.

      2. PART II EXCLUSIVE RELATIONSHIP

    2. SCHEDULE 2

      MODIFICATIONS FOR RESERVE FORCES

      1. 1.The following definitions are inserted in article 2(1) in the...

      2. 2.(1) For paragraph (1) of article 4 there is substituted...

      3. 3.For article 31 there is substituted the following article— (1) Where a person is entitled to guaranteed income payment,...

    3. SCHEDULE 3

      MODIFICATIONS FOR GURKHAS

      1. 1.The definition of “salary” in article 4 is modified as...

      2. 2.Where a Gurkha is discharged into Nepal, the definition of...

      3. 3.Where— (a) the surviving spouse or surviving adult dependant of...

      4. 4.For article 31 there is substituted— (1) This article applies where a Gurkha is discharged into...

    4. SCHEDULE 4

      THE TARIFF

    5. SCHEDULE 5

      TABLE OF FACTORS

  15. Explanatory Note