[2025] UKUT 250 (AAC)

The AFCS Order 2011 sets out several relevant definitions in Article 2, the interpretation provision. These include:

“forces” means the armed forces and the reserve forces;

“guaranteed income payment” is the payment referred to in article 15(1)(c) and determined in accordance with article 24;

“member” member means a member of the forces;

“service” means service as a member of the forces;

Article 15(1)(c) of the AFCS Order 2011 makes provision for “a guaranteed income payment payable until death” as one of the various benefits payable under the Scheme for injury.

Article 16 of the AFCS Order 2011 sets out some general principles applicable to injury benefit. So far as the GIP is concerned, these are as follows:

The present appeal turns on the applicability of Article 16(10). In summary, the Appellant argues that it is a general but not an absolute or universal rule and is subject to express provisions to the contrary. In short, he relies on the canon of statutory construction that the general gives way to the specific. The Respondent, on the other hand, submits that Article 16(10) is simply a general rule that admits of no exceptions.

Article 24 details the method for calculating the amount of the GIP but is not in issue here and so need not be set out in full in this decision. Notably, however, that calculation includes as one element the “relevant salary”, a term which is defined by Article 24(6)(b) as meaning “……the salary of a member on the day on which the member’s service ends or in the case of a former member, the salary on that day up-rated for inflation to the date of claim.” I return later to the significance of what Article 24(6)(b) says – or rather what it does not say.

The date on which awards of benefit become payable is covered by Article 64. Omitting provisions which have no relevance to the present context, this provides as follows:

I now turn to consider the relevant case law.