28.—(1) Any necessary expenses of a former member may be paid for wholly or in part by the Secretary of State if the conditions specified in paragraph (2) are satisfied.
(2) Subject to paragraph (5) the conditions referred to in paragraph (1) are that the former member—
(a)has been awarded injury benefit where one or more of the injuries sustained gave rise to an entitlement to a descriptor within tariff levels 1 to 8;
(b)became ordinarily resident outside the United Kingdom within the period of 1 year starting with the day service ends; and
(c)is ordinarily resident outside the United Kingdom when the expenses are incurred.
(3) The necessary expenses referred to paragraph (1) include, but are not limited to—
(a)medical, surgical or rehabilitative treatment;
(b)professional nursing care;
(c)appropriate medical aids and appliances; and
(d)any expenses which the Secretary of State considers are incidental to the expenses specified in subparagraphs (a) to (c).
(4) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where a former member is physically or mentally incapable of making arrangements to move outside the United Kingdom for some or all of the period specified in paragraph (2)(b), that period is to be extended for such further period, as in all the circumstances of the case, the Secretary of State considers reasonable.
Textual Amendments
F1Art. 28(4) omitted (21.7.2012) by virtue of The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 4 (with art. 8)