As from 10th April 2006, some 34 previous sets of regulations which provide for pensions and other awards in respect of disablement or death due to service in the naval, military or air forces are revoked and consolidated into a single order (Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 , SI 2006/606, amended several times since 2006).
The Armed Forces Early Departure Payments Scheme Order 2005 SI 2005/437 replaces previous arrangements for "early departure" pension payments for persons who join the armed forces on or after 6th April 2005 (or those in service immediately before that date who transfer to this "Armed Forces Pension Scheme 2005"). A person is eligible if he is aged between 40 and 55 when he leaves service and has completed at least 18 years' service (see art 8 of SI 2005/437).
The Armed Forces Pension Scheme Order 2005 SI 2005/438 was made on 8th March 2005 and came into operation on 6th April 2005 (amended by the Armed Forces Pension Scheme etc. (Amendment) Order 2006, SI 2006/717 wef 6th April 2006).
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 SI 2005/439 (as updated by Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008, SI 2008/2942 with effect from 15th December 2008 and amended by the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009 SI 2009/3236 wef 11th January 2010) provides for benefits to be payable to or in respect of a person by reason of his illness or injury (whether physical or mental), or his death, which is caused (wholly or partly) by his service in the armed forces or the reserve forces. As from 15th December 2008, lump sum compensation varies from £1,155 (Level 15 - Loss of one toe, other than the big toe, from one foot or fracture of three or more ribs) to £570,000 (level 1 - loss of both legs and both arms or brain injury with persistent vegetative state).
Increases in compensation levels, other than level 1, are being implemented in 2010 (see 2010/2/10 - MoD Press Re;ease re review of the Armed Forces Compensation Scheme). These include substantial improvement to the Guaranteed Income Stream (GIS) which can be awarded for more serious injury where there is a loss of earnings capacity.
There is a useful explanation of the scheme as at 2009 in an article in the Daily Telegraph, 28th July 2009, "Justice for Wounded: the ins and outs of the Armed Forces Compensation Scheme"
Compensation arrangements include a death-in-service benefit of three times pensionable pay (an increase from one and a half times - see 2005/03/14 - MoD Press Release "Defence Decretary announces increase in death in service benefits for UK armed forces"). Lump sum payments are available for pain and suffering resulting from injury and a Guaranteed Income Stream (GIS) can be awarded for more serious injury where there is a loss of earnings capacity.
There is provision for appeals to the Pensions Appeal Tribunal against certain decisions of the Secretary of State relating to war pensions (under the Pensions Appeal Tribunals Act 1943 and the Pensions Appeal Tribunals (England and Wales) Rules 1980 SI 1980/1120).
updated Feb2010
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