Statutory Instruments
2012 No. 1573
Pensions
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012
Made
16th June 2012
Laid before Parliament
21st June 2012
Coming into force
21st July 2012
The Secretary of State, in exercise of the powers conferred by section 1(2) 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 2012 and comes into force on 21st July 2012.
(2) In this Order “the principal Order” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011( 2 ) and a reference to a numbered article, Table or Schedule is a reference to the article, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order
2. The principal Order is amended as follows.
Amendment to article 11 (injury and death – exclusions relating to travel, sport and slipping and tripping)
3. In article 11(3), substitute “(4) or (9) applies” for “(4) and (9) apply”.
Amendment to article 28 (medical expenses)
4. In article 28, omit paragraph (4).
Amendment to article 53 (reconsideration)
5. In article 53(2)—
(a) in sub-paragraph (b) insert “or” after “27(1);”; and
(b) omit sub-paragraph (c).
Amendment to article 66 (suspension – appeal from a decision of an appropriate tribunal)
6. In article 66(5), substitute “appeal is made” for “appeal. made”.
Amendment to Schedule 3 (the tariff and supplementary awards)
7. In Part 1 of Schedule 3—
(a) in Table 2 (injury, wounds and scarring)—
(i) insert after item 55—
| “ 55A | 13 | Freezing cold injury including skin, nail and soft tissue damage, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial resolution of symptoms beyond that date. ” ; |
(ii) insert after item 65—
| “ 65A | 14 | Freezing cold injury including skin, nail and soft tissue damage, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, with substantial resolution of symptoms beyond that date. ” ; |
(iii) in footnote (a) insert “freezing cold or” before “non-freezing cold injury”.
(b) In Table 7 (senses) insert after item 29—
| “ 29A | 12 | Traumatic uveitis. ” ; |
(c) in Table 9 (musculoskeletal disorders) insert after item 2—
| “ 2A | 9 | Traumatic back injury resulting in vertebral or intervertebral disc damage and medically verified neurological signs, which has required, or is expected to require, operative treatment and which is expected to result in permanent significant functional limitation and restriction. ” . |
Transitional provisions
8. —(1) Subject to paragraph (2), the amendments to the principal Order do not apply to a claim or application for review made before the day this Order comes into force.
(2) The amendments to Tables 2, 7 and 9 in paragraphs (a), (b) and (c) of article 7 of this Order apply to a claim made before the day this Order comes into force where—
(a) the Secretary of State determines (whether before or after the coming into force of this Order) that, following the determination of a claim or application for review, a temporary award in accordance with article 26 should be made;
(b) a descriptor of the injury (in respect of which the temporary award is made) is included in the amendments to Tables 2, 7 and 9; and
(c) the descriptor is at the same level as the temporary award.
(3) In this article—
(a) “claim” means a claim made in accordance with the principal Order;
(b) “application for review” means an application for review pursuant to article 55, 56, 57 or 59.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
16th June 2012
S.I. 2011/517 as amended by S.I. 2011/2552 .