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On 23/10/2014, you requested the version as published on or before 23/10/2014.
Deletion and substitution of regulation 39
10.  Regulation 39 of the principal Regulations is deleted and the following regulation substituted therefor:
Compensation payable where member dies of injuries received in and which are attributable to service
39.
—(1)  Where a member dies as a result of any injury received in and which is attributable to service, the Armed Forces Council may pay to his dependants or personal representatives ––
(a)
a gratuity in accordance with regulation 37; and
(b)
as compensation, a sum equivalent to the lump sum calculated for the death of an employee under the Third Schedule to the Work Injury Compensation Act (Cap. 354), as if the member had been an employee under that Act.
(2)  There may be paid, in addition to the total sum under paragraph (1), a special award of a sum to be determined by the Armed Forces Council if, in the opinion of the Armed Forces Council, the injury was received by the member in the course of military operations or training.
(3)  There may be paid, in addition to the total sum under paragraph (1) and, where applicable, paragraph (2), an additional award to be determined by the Armed Forces Council having regard to the principles on which a claim for damages would be determined in the civil courts if, in the opinion of the Armed Forces Council, the injury was received under exceptional circumstances or while the member was rendering service beyond the call of duty.
(4)  Where a member’s death is caused as a result of the aggravation by service of an adverse medical condition that —
(a)
existed in him before service; or
(b)
had arisen during but which was not attributable to service,
and the death occurred within 7 years of the aggravation of such medical condition, the amount of compensation payable to his dependants or personal representatives, may be equal to 50% of the compensation payable under paragraph (1)(b) and 50% of any award payable under paragraph (2) or (3), had his death occurred as a result of injuries received in and which were attributable to service.”.