Statutory Instruments
2009 No. 3236
Pensions
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009
Made
8th December 2009
Laid before Parliament
10th December 2009
Coming into force
11th January 2010
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) Order 2009 and shall come into force on 11th January 2010.
(2) In this Order “the principal Order” means the Armed Forces and Reserve Forces (Compensation) Scheme Order 2005( 2 ).
Amendment to table 6 of Schedule 4 (the Tariff)
2. —(1) In table 6 of Schedule 4 to the principal Order insert in the appropriate places—
“ (ab) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5. ” . | ||
| “ 3A. | 2 | Brain injury where epilepsy is present (or where there is a high risk of epilepsy) and full-time skilled nursing care is required, and the claimant has two of the following: reflex activity but little or no meaningful response to the environment, no language or double incontinence. (ab) |
(2) Except where paragraph (3) applies the amendment in paragraph (1) shall not apply to any claim made before the coming into force of this Order.
(3) This paragraph applies where the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of an injury which is of the same description as the injury described in the amendment to table 6 of Schedule 4 in paragraph (1).
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
8th December 2009
S.I. 2005/439 , amended by S.I. 2006/1438 , 2007/2609 , 2008/39 , 2008/2160 and 2008/2942 .