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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 No. 1438 URL: http://www.bailii.org/uk/legis/num_reg/2006/20061438.html |
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Made | 31st May 2006 | ||
Laid before Parliament | 5th June 2006 | ||
Coming into force in accordance with article 1(2) |
(4) For article 10(5) substitute—
(5) In article 10(6) after "sustained" insert ", or worsened,".
(6) In article 10(6) after "cause of the injury" insert ", the worsening of the injury,".
(7) In article 10(7) after "injury," insert "the worsening of the injury,".
Amendment of article 11 (injury and death – exclusions) of the principal Order
5.
—(1) In article 11(b) after "illness" insert "or any associated condition caused by an illness".
(2) In article 11(b)(iv) before the word "endemic" insert the words "a zoonosis, or is".
Amendment of article 13 (interpretation of Part III) of the principal Order
6.
—(1) In article 13(a) before ""first injury"" insert "subject to paragraph (c),".
(2) After article 13(b) insert—
Amendment of article 14 (description of benefits – injury) of the principal Order
7.
—(1) In article 14(2)(a) for "shall be regarded as giving" substitute "give".
(2) In article 14(2)(b) before "in Table 10" insert "subject to paragraphs (8) and (9),".
(3) In article 14(6) for "amount" substitute "guaranteed income payment".
(4) After article 14(7) insert—
Amendment of article 20 (temporary awards) of the principal Order
8.
—(1) After article 20(3), insert a new paragraph 3A as follows—
(2) In article 20(4)(a) for the words "that injury, guaranteed income payment shall cease to be payable under the temporary award at the end of the period but no amount, either lump sum or guaranteed income payment, paid in accordance with that award is recoverable;" substitute the following—
(3) In article 20(4)(b)(i), for the words "the temporary award becomes a permanent award" substitute the words "he shall issue a decision making a permanent award in favour of the claimant, which award shall take effect".
Amendment of article 27 (amount of bereavement grant) of the principal Order
9.
In article 27(4) for "£20,000" substitute "the amount payable at paragraphs (2) or (3)".
Amendment of article 28 (amount of child's payment) of the principal Order
10.
After 28(4) insert—
(4B) The child's payment is to be recalculated—
the recalculated child's payment becomes payable on the day after the date on which the death of the surviving spouse, civil partner or surviving adult dependant occurred.".
Insertion of Part VA to the principal Order
11.
After Part V of the principal Order insert Part VA—
Amendment of article 41 (time for making a claim – physical or mental incapacity) of the principal Order
12.
—(1) In Article 41(2)(b), for the words "either article 39(1) or paragraph (1) of this article" substitute the words "article 39 or 40".
(2) In article 41(2), after the words "instruct a person to make it on his behalf within the period referred to in", for the words "article 39(1) or paragraph (1)" substitute the words "article 39 or 40".
Amendment of article 43 (decisions) of the principal Order
13.
—(1) — In article 43(3), for the words "of his right" substitute the words "of any right that he may have".
(2) In article 43(3)(b) after the words "to appeal" insert the words "that decision".
Amendment of article 45 (reconsideration) of the principal Order
14.
In article 45(1), for the words "a decision under article 44(1)" substitute the words "a decision, under article 44(1), to make an interim award or a decision, under article 20(1), to make a temporary award,".
Amendment of article 48 (review – exceptional circumstances) of the principal Order
15.
Article 48(5)(b) shall be omitted.
Amendment of article 53 (information and medical examination) of the principal Order
16.
For article 53(3) substitute—
Amendment of Schedule 2 (modifications for reserve forces) to the principal Order
17.
After paragraph 2 of Schedule 2 insert—
Amendment of Schedule 4 (the Tariff) to the principal Order
18.
For Schedule 4 substitute the following—
Item | Column (a) | Column (b) |
Level | 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 per cent of whole body surface area. |
3. | 6 | Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49 per cent of whole body surface area. |
4. | 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. |
5. | 8 | Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 14.9 per cent of whole body surface area. |
6. | 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. |
7. | 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. |
8. | 12 | Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5 per cent of whole body surface area. |
9. | 12 | Burns, with first degree or superficial second degree burns affecting more than 15 percent of whole body surface area. |
10. | 13 | Burns, with first degree or superficial second degree burns to the face or face and neck. |
11. | 14 | Burns, with first degree or superficial second degree burns affecting 4.5 to 15 percent of whole body surface area. |
12. | 15 | Burns, with first degree or superficial second degree burns affecting 1 to 4.4 per cent of whole body surface area. |
Item | Column (a) | Column (b) |
Level | Injury | |
1. | 5 | Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent 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 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 functional limitation and restriction. |
5. | 6 | Complex injury to chest, with complications, causing permanent 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 functional limitation and restriction. |
7. | 7 | Injury covering all of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent functional limitation and restriction. |
8. | 7 | Injury to chest, with complications, causing permanent functional limitation and restriction. |
9. | 7 | Complex injury to abdomen, including pelvis, with complications, causing permanent functional limitation and restriction. |
10. | 8 | Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent functional limitation and restriction. |
11. | 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 functional limitation and restriction. |
12. | 8 | Severe facial lacerations which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment. |
13. | 8 | Injury to abdomen, including pelvis, with complications, causing permanent functional limitation and restriction. |
14. | 8 | Injury to chest, causing permanent major functional limitation and restriction. |
15. | 9 | Injury to abdomen, including pelvis, causing permanent functional limitation and restriction. |
16. | 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 functional limitation and restriction. |
17. | 10 | Serious permanent damage to, or loss of, one kidney. |
18. | 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. |
19. | 11 | Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause functional limitation and restriction at 26 weeks with substantial recovery beyond that date. |
20. | 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. |
21. | 11 | Severe facial scarring which produces a poor cosmetic result despite camouflage. |
22. | 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 functional limitation and restriction at 26 weeks with substantial recovery beyond that date. |
23. | 12 | Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result. |
24. | 12 | Injury to chest with complications, causing or expected to cause functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
25. | 12 | Injury covering all or most of the area thigh to ankle or shoulder to wrist, causing or expected to cause functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
26. | 12 | High velocity gun shot wound affecting skin, subcutaneous tissue and muscle of the abdomen, chest or limbs. |
27. | 12 | Traumatic injury to genitalia requiring treatment resulting in severe permanent damage or loss. |
28. | 13 | Injury to abdomen including pelvis, with complications, causing or expected to cause functional limitation and restriction at 26 weeks with substantial recovery beyond that date. |
29. | 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 functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
30. | 13 | Injury to chest, causing or expected to cause functional limitation and restriction at 26 weeks, where the claimant has made or is expected to make a substantial recovery beyond that date. |
31. | 13 | Moderate facial scarring where camouflage produces a good cosmetic result. |
32. | 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. |
33. | 13 | Traumatic tension or open pneumothorax. |
34. | 14 | Injury to abdomen including pelvis, causing or expected to cause functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. |
35. | 14 | Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result. |
36. | 14 | Minor facial scarring. |
37. | 14 | Flesh wound which has required, or is expected to require operative treatment. |
38. | 14 | Fractured tooth which has required, or is expected to require root resection. |
39. | 14 | Loss of two or more front teeth. |
40. | 14 | Traumatic injury to genitalia requiring treatment resulting in moderate permanent damage. |
41. | 15 | Minor scarring of scalp, neck, torso or limbs. |
42. | 15 | Damage to one front tooth which has required, or is expected to require a crown or root canal surgery. |
43. | 15 | Damage to two or more teeth other than front which has required, or is expected to require crowns or root canal surgery. |
44. | 15 | Loss of one front tooth. |
45. | 15 | Loss of two or more teeth other than front. |
46. | 15 | Injury to abdomen including pelvis, causing or expected to cause functional limitation and restriction at 13 weeks, with substantial recovery within 26 weeks. |
Item | Column (a) | Column (b) |
Level | Injury | |
1. | 8 | Permanent mental disorder, causing severe functional limitation and restriction. |
2. | 10 | Permanent mental disorder, causing moderate functional limitation and restriction. |
3. | 11 | 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. |
Item | Column (a) | Column (b) |
Level | 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 where 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. |
Item | Column (a) | Column (b) |
Level | 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) and one arm (above or below elbow). |
7. | 2 | Loss of both arms (above or below elbow) 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. | 3 | Loss of one leg at or above knee and one arm at or above elbow. |
13. | 4 | Loss of both legs below knee (trans-tibial). |
14. | 4 | Loss of both arms below elbow (trans-radial). |
15. | 4 | Loss of both hands (wrist disarticulation). |
16. | 4 | Loss of one leg at or above knee and one leg below knee. |
17. | 4 | Loss of one arm at or above elbow, and one arm below elbow. |
18. | 4 | Loss of one leg at or above knee and one arm below elbow. |
19. | 4 | Loss of one arm at or above elbow and one leg below knee. |
20. | 5 | Loss of both feet at ankle. |
21. | 5 | Loss of one leg at or above knee (trans-femoral or knee disarticulation). |
22. | 5 | Loss of one arm at or above elbow (trans-humeral or elbow disarticulation). |
23. | 5 | Loss of one leg below knee and one arm below elbow. |
24. | 6 | Loss of one leg below knee (trans-tibial). |
25. | 6 | Loss of one arm below elbow (trans-radial). |
26. | 6 | Loss of one hand (wrist disarticulation). |
27. | 7 | Loss of both thumbs. |
28. | 8 | Loss of one foot at ankle. |
29. | 10 | Loss of both great toes. |
30. | 10 | Loss of thumb. |
31. | 10 | Loss of both index fingers. |
32. | 10 | Loss of two or more fingers, other than thumb or index finger, from each hand. |
33. | 10 | Partial loss of thumb and index finger from each hand |
34. | 11 | Loss of two or more fingers other than thumb or index finger from one hand. |
35. | 12 | Loss of great toe. |
36. | 12 | Loss of two or more toes, other than great toe, from each foot. |
37. | 12 | Loss of index finger from one hand. |
38. | 12 | Partial loss of thumb and index finger from one hand. |
39. | 12 | Partial loss of two or more fingers, other than thumb or index finger, from each hand. |
40. | 12 | Loss of finger, other than thumb or index finger, from each hand. |
41. | 12 | Partial loss of thumb or index finger from each hand. |
42. | 12 | Persistent phantom limb pain. |
43. | 12 | Stump neuroma with trigger point stump pain. |
44. | 13 | Loss of two or more toes, other than great toe, from one foot. |
45. | 13 | Partial loss of each great toe. |
46. | 13 | Partial loss of one finger, other than thumb or index finger, from each hand. |
47. | 13 | Loss of one finger, other than thumb or index finger, from one hand. |
48. | 13 | Partial loss of two or more fingers, other than thumb or index finger, from one hand. |
49. | 13 | Partial loss of thumb or index finger from one hand. |
50. | 14 | Partial loss of great toe from one foot. |
51. | 14 | Loss of one toe, other than great toe, from each foot. |
52. | 14 | Partial loss of one finger, other than thumb or index finger, from one hand. |
53. | 15 | Loss of one toe, other than great toe, from one foot. |
Item | Column (a) | Column (b) |
Level | Injury | |
1. | 1 | Spinal cord injury, at or above vertebra C3. |
2. | 1 | Brain injury with persistent vegetative state(a). |
3. | 1 | Brain injury where epilepsy is present (or where there is a high risk of epilepsy) and the claimant has reflex activity but has little or no meaningful response to the environment and requires full-time skilled nursing care(b). |
4. | 2 | Spinal cord injury at vertebra C4 or C5 or C6. |
5. | 3 | Spinal cord injury at vertebra C7, C8 or T1. |
6. | 3 | Brain injury where epilepsy is present (or where there is a high risk of epilepsy) where the claimant has limited response to environment and substantial physical, sensory, personality, behavioural or cognitive problems and requires regular skilled nursing care(c). |
7. | 4 | Spinal cord injury at vertebra T2 to T6. |
8. | 4 | Brain injury where epilepsy is either present (or where there is a high risk of epilepsy) where the claimant has some limitation on response to environment and some sensory, personality, behavioural or cognitive problems but does not require skilled nursing care(d). |
9. | 5 | Spinal cord injury at vertebra T7 to T10. |
10. | 5 | Hemiplegia. |
11. | 6 | Spinal cord injury at vertebra T11 to L1. |
12. | 6 | Uncontrolled post-head-injury epilepsy. |
13. | 7 | Spinal cord injury at vertebra below L1. |
14. | 9 | Permanent upper limb paralysis due to traumatic damage to brachial plexus – pre-ganglionic. |
15. | 9 | Permanent isolated damage to one cranial nerve. |
16. | 10 | Permanent foot or wrist drop. |
17. | 11 | Brain injury from which the claimant has made, or is expected to make, a substantial recovery beyond 26 weeks, except for residual vertigo(e). |
18. | 11 | Brain haemorrhage or stroke which has caused, or is expected to cause, persistent functional limitation and restriction at 26 weeks, but where there has been, or is expected to be, a substantial recovery beyond that date. |
19. | 12 | Brain injury from which the claimant has made, or is expected to make, a substantial recovery beyond 26 weeks, except for problems with memory or concentration(f). |
20. | 12 | Controlled post-head-injury epilepsy. |
21. | 12 | Permanent substantial peripheral motor sensory or autonomic nerve damage. |
22. | 12 | Entrapment neuropathy which has not responded to treatment. |
23. | 12 | Permanent upper limb paralysis due to traumatic damage to brachial plexus – post-ganglionic. |
24. | 13 | Permanent facial numbness including lip. |
25. | 13 | Entrapment neuropathy which has responded, or is expected to respond, to treatment. |
26. | 14 | Permanent facial numbness which does not include the lip. |
27. | 14 | Minor head injury which has caused or is expected to cause, impaired balance or post-traumatic syndrome for more than 6 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
28. | 15 | Permanent minor peripheral sensory nerve damage. |
Item | Column (a) | Column (b) |
Level | Injury | |
1. | 1 | Total deafness and loss of both eyes, or total deafness and blindness in both eyes, or total deafness and loss of one eye and blindness in the other eye. |
2. | 2 | Loss of eyes. |
3. | 2 | Blindness in both eyes. |
4. | 2 | Loss of one eye and blindness in the other eye. |
5. | 5 | Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36. |
6. | 6 | Deafness in both ears. |
7. | 8 | Loss of one eye or blindness in one eye. |
8. | 9 | Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with severe persistent tinnitus. |
9. | 9 | Partial loss of vision where binocular visual acuity is correctable to 6/60. |
10. | 9 | Permanent and inoperable cataracts in both eyes. |
11. | 10 | Deafness in one ear. |
12. | 10 | Partial loss of vision where binocular visual acuity is correctable to 6/36. |
13. | 10 | Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus. |
14. | 11 | Detached retina in both eyes. |
15. | 11 | Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with severe tinnitus. |
16. | 11 | Partial loss of vision where binocular visual acuity is correctable to 6/24. |
17. | 12 | Partial loss of vision where binocular visual acuity is correctable to 6/18. |
18. | 12 | Permanent and inoperable cataract in one eye. |
19. | 12 | Operable cataracts in both eyes. |
20. | 13 | Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus. |
21. | 13 | Significant penetrating injury to both eyes. |
22. | 13 | Detached retina in one eye. |
23. | 13 | Retinal damage (not detached) to both eyes. |
24. | 13 | Partial loss of vision where binocular visual acuity is correctable to 6/12. |
25. | 13 | Dislocation of lens in one eye. |
26. | 13 | Degeneration of optic nerve in both eyes. |
27. | 13 | Permanent diplopia. |
28. | 14 | Blast injury to ears. |
29. | 14 | Diplopia which is present, or is expected to be present, at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. |
30. | 14 | Operable cataract in one eye. |
31. | 14 | Corneal abrasions in both eyes. |
32. | 14 | Hyphaema in both eyes which has required, or is expected to require, operative treatment. |
33. | 14 | Retinal damage (not detached) in one eye. |
34. | 14 | Significant penetrating injury in one eye. |
35. | 14 | Degeneration of optic nerve in one eye. |
36. | 15 | Diplopia which is present, or is expected to be present at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. |
37. | 15 | Corneal abrasions in one eye. |
38. | 15 | Hyphaema in one eye which has required, or is expected to require, operative treatment. |
Item | Column (a) | Column (b) |
Level | Injury | |
1. | 10 | Fractured heels of both feet causing permanent significant functional limitation and restriction. |
2. | 10 | Fractures or dislocations or both of both hips, both ankles, both shoulders, both elbows or both wrists causing permanent significant functional limitation and restriction. |
3. | 10 | Multiple face fractures causing permanent significant cosmetic effect and functional limitation and restriction despite treatment. |
4. | 11 | Fractures or dislocations or both of both hips, both ankles, both shoulders, both elbows or both wrists which have caused, or are expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date. |
5. | 11 | Fractured heel of one foot, causing permanent significant functional limitation and restriction. |
6. | 11 | Fractured heel of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
7. | 11 | Fracture of pelvis which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
8. | 11 | Fracture or dislocation or both of great toe, of each foot, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
9. | 11 | Fractured tarsal bones of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
10. | 11 | Fractures of both femurs, both tibiae, both humeri, both ulnae or both radii which have caused, or are expected to cause, continuing significant functional limitation and restriction beyond 26 weeks. |
11. | 11 | Multiple fractures to face, or face and neck where treatment has led, or is expected to lead, to a good cosmetic and functional outcome. |
12. | 11 | Fracture or dislocation or both of one hip, elbow, wrist, ankle or shoulder causing permanent significant functional limitation and restriction. |
13. | 12 | Fracture of one humerus, femur, radius, ulna or tibia which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
14. | 12 | Fracture of mandible or maxilla which has required or is expected to require operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
15. | 12 | Fracture of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
16. | 12 | Fracture of each clavicle or each scapula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
17. | 12 | Fracture of the skull with sub-dural or extra-dural haematoma which has required evacuation, from which the claimant has made, or is expected to make, a substantial functional recovery within 26 weeks. |
18. | 12 | Fracture or dislocation or both of thumb of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
19. | 12 | Fracture or dislocation or both of one hip, elbow, wrist, ankle or shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks with recovery thereafter. |
20. | 12 | Fracture or dislocation or both of index finger on each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
21. | 12 | Fracture or dislocation or both of great toe on one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
22. | 12 | Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
23. | 12 | Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
24. | 12 | Fractured heel of each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
25. | 12 | Dislocated patella on each knee which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
26. | 12 | Fractured metatarsal bones on each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
27. | 12 | Fractures of both femurs, both ulnae, both tibiae, both humeri or both radii from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
28. | 13 | Fractured tarsal or metatarsal bones on each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
29. | 13 | Fractured metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
30. | 13 | Fracture or dislocation or both of great toe of each foot from which the claimant has made or is expected to make a substantial functional recovery within 26 weeks. |
31. | 13 | Fracture of one femur, ulna, tibia, humerus or radius from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
32. | 13 | Fracture of skull with sub-dural or extra-dural haematoma which has not required evacuation. |
33. | 13 | Fracture of ethmoid which has required or is expected to require operative treatment. |
34. | 13 | Fracture of zygoma which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
35. | 13 | Fracture or dislocation or both of one hip, ankle, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks. |
36. | 13 | Fracture of one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
37. | 13 | Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
38. | 13 | Fracture of each hand from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
39. | 13 | Blow-out fracture of orbit which has required, or is expected to require, operative treatment. |
40. | 13 | Dislocated jaw which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
41. | 13 | Fracture of scapula or clavicle which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
42. | 13 | Fracture of each clavicle or each scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
43. | 13 | Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
44. | 13 | Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks. |
45. | 13 | Fractures or dislocations or both of two or more toes, other than great, of each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
46. | 13 | Fracture or dislocation or both of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
47. | 13 | Fracture or dislocation or both of thumb of each hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
48. | 13 | Fracture or dislocation or both of index finger on each hand, which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
49. | 13 | Fractures or dislocations or both of two or more fingers, other than index, on each hand, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
50. | 13 | Fracture or dislocation or both of index finger on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
51. | 13 | Dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks. |
52. | 14 | Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
53. | 14 | Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
54. | 14 | Fractured ethmoid which has not, or is not expected to require operative treatment. |
55. | 14 | Fracture of mandible or maxilla from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
56. | 14 | Fracture of hand from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
57. | 14 | Deviated nasal septum requiring corrective surgery. |
58. | 14 | Displaced fracture of nasal bones. |
59. | 14 | Simple skull fracture with no brain injury. |
60. | 14 | Fractured fibula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
61. | 14 | Fracture or dislocation or both of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
62. | 14 | Fracture or dislocation or both of index finger, on one hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
63. | 14 | Fracture or dislocation or both of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
64. | 14 | Fractures or dislocations or both of two or more fingers, other than index, on one hand, which have caused, or are expected to cause significant functional limitation and restriction beyond 26 weeks. |
65. | 14 | Fractures or dislocations or both of two or more fingers, other than index, on each hand which have caused, or are expected to cause, significant functional limitation and restriction beyond 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
66. | 14 | Fractures or dislocations or both of two or more toes, other than great toe, on one foot, which have caused, or are expected to cause significant functional limitation and restriction beyond 26 weeks. |
67. | 14 | Fractures or dislocations or both of one toe other than great toe, on each foot, which have caused, or are expected to cause significant functional limitation and restriction beyond 26 weeks. |
68. | 14 | Fractures or dislocations or both of two or more toes, other than great toe, on each foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
69. | 14 | Fracture or dislocation or both of great toe from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
70. | 14 | Fracture or dislocation or both of index finger on each hand, from which the claimant has made or is expected to make, a substantial recovery within 13 weeks. |
71. | 14 | Fracture or dislocation or both of thumb on each hand, from which the claimant has made or is expected to make, a substantial recovery within 13 weeks. |
72. | 14 | Dislocated acromio-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
73. | 14 | Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
74. | 14 | Fracture of clavicle or scapula from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
75. | 14 | Fracture of sternum from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
76. | 14 | Fractured tarsal or metatarsal bones on one foot which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
77. | 14 | Dislocated patella of each knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
78. | 15 | Fracture of mastoid. |
79. | 15 | Undisplaced fracture of nasal bones. |
80. | 15 | Deviated nasal septum which has not required or is not expected to require operative treatment. |
81. | 15 | Dislocated patella of one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
82. | 15 | Fracture of three or more ribs. |
83. | 15 | Fractures or dislocations or both of two or more toes, on one foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
84. | 15 | Fractures or dislocations of one toe, other than great toe, on each foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
85 | 15 | Fracture or dislocation or both of thumb from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
86. | 15 | Fractured tarsal or metatarsal bone on one foot, which has caused or is expected to cause significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
87. | 15 | Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks, where the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
88. | 15 | Fracture or dislocation or both of two or more fingers, other than index, on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
89. | 15 | Fracture or dislocation or both of two or more fingers, other than index, on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
90. | 15 | Fracture or dislocation or both of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
91. | 15 | Fracture or dislocation or both of index finger on one hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
92. | 15 | Fracture or dislocation or both of one finger, other than index, on one hand, which has caused or is expected to cause significant functional limitation and restriction beyond 26 weeks. |
93. | 15 | Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
94. | 15 | Fractured patella of one knee. |
Item | Column (a) | Column (b) |
Level | Injury | |
1. | 10 | Permanent severely impaired grip in both hands. |
2. | 10 | Ligament injury which has resulted in rupture, affecting both knees, ankles, shoulders or elbows, causing permanent significant functional limitation and restriction. |
3. | 11 | Ligament injury which has resulted in rupture, affecting one knee, ankle, shoulder or elbow, causing permanent significant functional limitation and restriction. |
4. | 11 | Ligament injury which has resulted in rupture, affecting both knees, both ankles, both shoulders or both elbows, which has caused, or is expected to cause significant functional limitation and restriction at 26 weeks, from which the claimant is expected to make a substantial recovery beyond that date. |
5. | 11 | Traumatic back injury (with medically verified neurological signs and vertebral damage) extending over several levels of vertebrae, which has required, or is expected to require operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
6. | 11 | Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder. |
7. | 11 | Ligament injury short of rupture, to both knees, ankles, shoulders or elbows, causing permanent significant functional limitation and restriction. |
8. | 12 | Two frozen shoulders which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
9. | 12 | Ligament injury short of rupture, to both knees, ankles, shoulders or elbows, which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made or is expected to make a substantial recovery beyond that date. |
10. | 12 | Ligament injury short of rupture, to one knee, ankle, shoulder or elbow, causing permanent significant functional limitation and restriction. |
11. | 12 | Ligament injury which has resulted in rupture, affecting one knee, ankle, shoulder or elbow, which has caused, or is expected to cause, significant functional limitation at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date. |
12. | 12 | Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
13. | 12 | Traumatic back injury including prolapsed interverterbal discs (with medically verified neurological signs and vertebral damage), which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
14. | 12 | Radiologically confirmed osteoarthritis of both knees, hips, ankles, shoulders or elbows (caused by a repetitive or attrition injury), causing permanent significant functional limitation and restriction. |
15. | 12 | Permanent severely impaired grip in one hand. |
16. | 13 | Frozen shoulder, which has caused, or is expected to cause, continuing significant functional limitation and restriction beyond 26 weeks. |
17. | 13 | Two frozen shoulders, which have caused or are expected to cause significant functional limitation at 6 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
18. | 13 | Ligament injury short of rupture, to both knees, ankles, shoulders or elbows from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
19. | 13 | Muscle or tendon unit injury short of full thickness rupture, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
20. | 13 | Two muscle or tendon unit injuries, short of full thickness rupture, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
21. | 13 | Full thickness muscle or tendon unit rupture from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
22. | 13 | Ligament injury short of rupture, to one knee, shoulder, ankle or elbow which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks with substantial recovery beyond that date. |
23. | 13 | Back sprain or strain, with either more than one inter-vertebral disc prolapse, or more than one vertebral fracture, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
24. | 13 | Radiologically confirmed osteoarthritis of knee, hip, ankle, shoulder or elbow (caused by repetitive and attrition injury) causing permanent significant functional limitation and restriction. |
25. | 13 | Compartment syndrome which has lasted, or is expected to last, beyond 6 weeks and which has required, or is expected to require, operative treatment. |
26. | 14 | Frozen shoulder which has caused, or is expected to cause, significant functional limitation at 6 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
27. | 14 | Ligament injury short of rupture to one knee, ankle, shoulder or elbow, which has caused or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
28. | 14 | Muscle or tendon unit injury short of full thickness rupture from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
29. | 14 | Knee meniscus injury, or other knee pathology, which has required, or is expected to require, operative management. |
30. | 14 | Tendon rupture of finger or thumb which has required, or is expected to require, operative reconstruction. |
31. | 14 | Back sprain or strain, with one prolapsed disc or vertebral fracture, which has caused, or is expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make a substantial recovery within 2 years. |
32. | 14 | Low back or neck pain syndrome. |
33. | 14 | Anterior knee pain syndrome in both knees which has caused, or is expected to cause significant functional restriction and limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
34. | 15 | Knee meniscus injury which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
35. | 15 | Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional restriction and limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
36. | 15 | Direct hernia which has required operative treatment. |
37. | 15 | Frozen shoulder which has caused, or is expected to cause, significant functional limitation at 6 weeks from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
38. | 15 | Ligament injury, short of rupture, to one knee, ankle, shoulder or elbow, which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
Column (a) | Column (b) |
Level | Injury |
1 | £285,000 |
2 | £201,250 |
3 | £115,000 |
4 | £86,250 |
5 | £57,500 |
6 | £46,000 |
7 | £34,500 |
8 | £28,750 |
9 | £22,000 |
10 | £16,500 |
11 | £11,000 |
12 | £8,250 |
13 | £5,250 |
14 | £2,625 |
15 | £1,050". |
Signed by authority of the Secretary of State for Defence
Tom Watson
Parliamentary Under Secretary of State Ministry of Defence
Date 31 May 2006