Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 387 (AAC)

Fecha: 28-Nov-2024

Law

Law

20.

As regards mental injury, the Tariff to the scheme provides—

“Mental injury Note [2]: “Mental injury” does not include temporary mental anxiety and similar temporary conditions. A mental injury is disabling if it has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities for the time specified (e.g. impaired work or school performance or effects on social relationships or sexual dysfunction).
Disabling mental injury, confirmed by diagnosis or prognosis of psychiatrist or clinical psychologist:
	- lasting 6 weeks or more up to 28 weeks	A1	1,000
	- lasting 28 weeks or more up to 2 years	A4	2,400
	- lasting 2 years or more up to 5 years	A7	6,200
	- lasting 5 years or more but not permanent	A9	13,500
Permanent mental injury, confirmed by diagnosis or prognosis of psychiatrist or clinical psychologist:
	- moderately disabling	A11	19,000
	- seriously disabling	A13	27,000”.

21.

As regards physical abuse and scarring, the Tariff to the scheme provides—

“Scarring
[…]
Face
	- significant disfigurement	A4	2,400
	- serious disfigurement	A8	11,000”

“Note [5]: Where a person has sustained a number of injuries as part of a pattern of abuse, payment will normally be made to reflect the pattern of abuse, based on the most serious injuries in the pattern, rather than each separate injury. An exception may be made where a single injury sustained as part of the pattern of abuse would give rise to a higher tariff payment than that for the abuse, in which case the higher payment may be made instead of the award for the pattern of abuse. Whether injuries have arisen as part of a pattern of abuse will be assessed by reference to all the circumstances, including whether there was one or more assailants (and whether they acted together), the nature of the injuries and incidents, and the period in which they occurred.”
“Physical abuse of children, including domestic abuse
Note [5] applies to physical abuse of children
Minor abuse
- isolated or intermittent assault(s) resulting in weals, hair pulled from the scalp etc
B1
1000
Serious abuse
- intermittent physical assaults resulting in an accumulation of healed wounds, burns or scalds, but with no appreciable disfigurement
B3
2,000
Severe abuse
- persistent pattern of repetitive violence resulting in:
- moderate multiple injuries (e.g. bruising and minor fractures) or minor disfigurement
B6
5,500
- significant multiple injuries
B8
8,200
- severe multiple injuries
B10
13,500”.

“Physical abuse of children, including domestic abuse Note [5] applies to physical abuse of children
Minor abuse
- isolated or intermittent assault(s) resulting in weals, hair pulled from the scalp etc			B1	1000
Serious abuse
	- intermittent physical assaults resulting in an accumulation of healed wounds, burns or scalds, but with no appreciable disfigurement		B3	2,000
Severe abuse
	- persistent pattern of repetitive violence resulting in:
		- moderate multiple injuries (e.g. bruising and minor fractures) or minor disfigurement	B6	5,500
		- significant multiple injuries	B8	8,200
		- severe multiple injuries	B10	13,500”.