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Statutory Instruments

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 2004(1) makes 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 2005(2).

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(*)

(*) 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.
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.

Table 2 – Injury, Wounds and Scarring(*)

(*) When applied to limb injuries the expression “complex injury” means that the injury affects all or most of the following structures: skin, subcutaneous tissues, muscle, bone, blood vessels and nerves.
(*) When applied to limb injuries the expression “with complications” means that the injury is complicated by at least one of septicaemia, osteomyelitis, clinically significant vascular or neurological injury, avascular necrosis, gross shortening of the limb, mal-united or non-united fracture, or the fact that the claimant has required, or is expected to require, a bone graft.
(*) When applied to chest and abdominal (including pelvis) injuries the expression “complex injury” means that there is clinically significant damage to vital structures and organs including two or more of the following: trachea, lungs, heart, gastrointestinal tract, great vessels, diaphragm, chest or abdominal wall, pelvic floor, liver, pancreas, kidneys, bladder, spleen or ovaries.
(*)When applied to chest and abdominal (including pelvis) injuries the expression “with complications” means that management of the injury has required two or more of the following: resuscitation, ventilation, thoracic or abdominal drainage, a laparotomy with repair and/or removal of organs and structures.
(*) Any award for injury to limbs, back, chest or abdomen includes compensation for related scarring and damage to, or removal of structures (including skin, subcutaneous tissue, muscle, bone, tendons, ligaments, blood vessels and nerves).
(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
(*) When applied to any injury, the expression “vital structures” includes major nerve or blood vessels.
(*) When applied to any injury, the term “torso” means any part of the chest, abdomen or back.
(*) When applied to any injury, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, delayed recovery or injury to self or others as a direct result of the injury itself.
(*) When applied to any limb, the expression “injury covering all or most of the area” means external injury causing direct damage to contiguous areas of the limb circumference. In the case of a lower limb this may include direct damage to the buttocks.
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
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 to chest, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
33. 11 Complex injury to abdomen, including pelvis, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
34. 11 Complex injury covering all or most of the hand, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
35. 12 Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
36. 12 Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result.
37. 12 Injury to chest, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
38. 12 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.
39. 12 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 substantial recovery.
40. 12 Traumatic injury to genitalia requiring treatment resulting in severe permanent damage or loss.
41. 12 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.
42. 12 Complex injury to abdomen, including pelvis, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
43. 12 Complex injury covering all or most of the foot, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
44. 13 Injury to abdomen, including pelvis, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
45. 13 Injury to all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
46. 13 Injury to chest, causing or expected to cause significant functional limitation and restriction at 26 weeks, where the claimant has made or is expected to make a substantial recovery beyond that date.
47. 13 Moderate facial scarring where camouflage produces a good cosmetic result.
48. 13 Lung damage due to toxic fumes, smoke inhalation or blast, where symptoms have continued, or are expected to continue beyond 6 weeks and where the claimant has made or is expected to make a substantial recovery within 26 weeks.
49. 13 Traumatic tension or open pneumothorax.
50. 13 Superficial shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb which have required, or are expected to require, operative treatment.
51. 13 Fractured tooth which has required, or is expected to require, root resection.
52. 13 Loss of two or more front teeth.
53. 14 Injury to abdomen including pelvis, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date.
54. 14 Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result.
55. 14 Minor facial scarring.
56. 14 Flesh wound which has required, or is expected to require, operative treatment.
57. 14 Traumatic injury to genitalia requiring treatment resulting in moderate permanent damage.
58. 14 Damage to one front tooth which has required, or is expected to require, a crown or root canal surgery.
59. 14 Damage to two or more teeth other than front which have required, or are expected to require, crowns or root canal surgery.
60. 14 Loss of one front tooth.
61. 14 Loss of two or more teeth other than front.
62. 14 Cold injury with persisting symptoms and significant functional limitation and restriction.
63. 15 Minor scarring of scalp, neck, torso or limbs.
64. 15 Injury to abdomen, including pelvis, causing or expected to cause significant functional limitation and restriction at 13 weeks, with substantial recovery within 26 weeks.
65. 15 Shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb not requiring operative treatment.
66. 15 Cold injury which has caused, or is expected to cause, symptoms and significant functional limitation and restriction at 6 weeks, with substantial recovery beyond that date.

Table 3 - Mental disorders(*)

(*) When applied to any disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the disorder itself.
(*) In assessing functional limitation and restriction for mental disorders account shall be taken of psychological, social and occupational function.
(*) Functional limitation and restriction is likely to be severe where symptoms or behaviours include mania, delusions, hallucinations, severe depression with suicidal preoccupations or abnormal rituals.
(*) Mental disorders must be diagnosed by a relevant accredited medical specialist.
(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
Item

Column (a)

Level

Column (b)

Injury
1. 8 Permanent mental disorder, causing severe functional limitation and restriction.
2. 9 Permanent mental disorder, causing moderate functional limitation and restriction.
3. 10 Mental disorder, causing functional limitation and restriction, which has continued, or is expected to continue for 5 years.
4. 12 Mental disorder, which has caused or is expected to cause functional limitation and restriction at 2 years, from which the claimant has made, or is expected to make, a substantial recovery within 5 years.
5. 13 Mental disorder, which has caused, or is expected to cause, functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 2 years.
6. 14 Mental disorder, which has caused or is expected to cause, functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.

Table 4 – Physical disorders including infectious diseases(*)

(*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
(*) When applied to any disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others, as a direct result of the disorder itself.
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
Item

Column (a)

Level

Column (b)

Injury
1. 6 Physical disorder causing severe functional limitation and restriction where life expectancy is less than five years.
2. 7 Physical disorder causing severe functional limitation and restriction where life expectancy is reduced, but is more than 5 years.
3. 8 Infertility.
4. 9 Physical disorder causing permanent severe functional limitation and restriction.
5. 11 Physical disorder which has caused, or is expected to cause severe functional limitation and restriction at 26 weeks from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
6. 11 Physical disorder causing permanent moderate functional limitation and restriction.
7. 13 Physical disorder which has caused, or is expected to cause, severe functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
8. 13 Physical disorder which has caused, or is expected to cause, moderate functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date.
9. 14 Physical disorder which has caused, or is expected to cause, severe functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
10. 14 Physical disorder which has caused, or is expected to cause, moderate functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
11. 15 Physical disorder which has caused, or is expected to cause, moderate functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.

Table 5 - Amputations(*)

(*) Loss of a finger or thumb means that amputation has taken place at the metacarpophalangeal joint.
(*) Loss of a toe means that amputation has taken place at the metatarsophalangeal joint.
(*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
Item

Column (a)

Level

Column (b)

Injury
1. 1 Loss of both legs (above or below knee) and both arms (above or below elbow).
2. 1 Loss of both eyes or sight in both eyes and loss of either both legs (above or below knee), or both arms (above or below elbow).
3. 1 Total deafness and loss of either both legs or both arms.
4. 2 Loss of both legs above knee (hip disarticulation or hemipelvectomy).
5. 2 Loss of both arms above elbow (shoulder disarticulation or forequarter).
6. 2 Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow).
7. 2 Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below knee).
8. 3 Loss of both legs at or above knee (trans–femoral or knee disarticulation).
9. 3 Loss of both arms at or above elbow (trans–humeral or elbow disarticulation).
10. 3 Loss of one leg above knee (hip disarticulation or hemipelvectomy).
11. 3 Loss of one arm above elbow (shoulder disarticulation or forequarter).
12. 4 Loss of both legs below knee (trans-tibial).
13. 4 Loss of both arms below elbow (trans-radial).
14. 4 Loss of both hands (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of both hands.
15. 5 Loss of both feet at ankle or where amputation distal to that site has led to permanent total loss of use of both feet.
16. 5 Loss of one leg at or above knee (trans-femoral or knee disarticulation).
17. 5 Loss of one arm at or above elbow (trans-humeral or elbow disarticulation).
18. 6 Loss of one leg below knee (trans-tibial).
19. 6 Loss of one arm below elbow (trans-radial).
20. 6 Loss of one hand (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of one hand.
21. 7 Loss of both thumbs.
22. 8 Loss of one foot at ankle or where amputation distal to that site has led to permanent total loss of use of foot.
23. 10 Loss of both great toes.
24. 10 Loss of thumb.
25. 10 Loss of both index fingers.
26. 10 Loss of two or more fingers, other than thumb or index finger, from each hand.
27. 10 Partial loss of thumb and index finger from each hand.
28. 11 Loss of two or more fingers, other than thumb or index finger, from one hand.
29. 12 Loss of great toe.
30. 12 Loss of two or more toes, other than great toe, from each foot.
31. 12 Loss of index finger from one hand.
32. 12 Partial loss of thumb and index finger from one hand.
33. 12 Partial loss of two or more fingers, other than thumb or index finger, from each hand.
34. 12 Loss of finger, other than thumb or index finger, from each hand.
35. 12 Partial loss of thumb or index finger from each hand.
36. 12 Persistent phantom limb pain.
37. 12 Stump neuroma with trigger point stump pain.
38. 13 Loss of two or more toes, other than great toe, from one foot.
39. 13 Partial loss of each great toe.
40. 13 Partial loss of one finger, other than thumb or index finger, from each hand.
41. 13 Loss of one finger, other than thumb or index finger, from one hand.
42. 13 Partial loss of two or more fingers, other than thumb or index finger, from one hand.
43. 13 Partial loss of thumb or index finger from one hand.
44. 14 Partial loss of great toe from one foot.
45. 14 Loss of one toe, other than great toe, from each foot.
46. 14 Partial loss of one finger, other than thumb or index finger, from one hand.
47. 15 Loss of one toe, other than great toe, from one foot.
(2)

S.I. 2005/439, amended by S.I. 2006/1438, S.I. 2007/2609 and S.I. 2008/39. Back [2]

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