The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988

Made: 17th February 1988

Laid before Parliament: 25th February 1988

Coming into force: 11th April 1988

At the Court at Buckingham Palace, the 17th day of February 1988 Present, The Queen’s Most Excellent Majesty in Council

NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by the said section 12(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1

• (1) This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988, shall come into force on 11th April 1988.

• (2) In this Order, the expression “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.

Amendment of article 18 of the principal Order

2

In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,352” there shall be substituted the amount “£1,404”.

Amendment of Schedules to the principal Order

3

• (1) In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)—

• (a) for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;

• (b) for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;

• (c) for Part IV there shall be substituted the Part set out in Schedule 5 hereto.

• (2) In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)—

• (a) for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;

• (b) for the amount “£2,677” in the second column of Table 1B of Part II there shall be substituted the amount “£2,789”;

• (c) for the amounts “£51.35” and “£11.85” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£53.50” and “£12.35”;

• (d) for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;

• (e) for Part III there shall be substituted the Part set out in Schedule 8 hereto.

Amendment of article 60(2) of the principal Order

4

For paragraph (2) of article 60 of the principal Order there shall be substituted the following paragraph:

(2) Where payment in respect of a pension is in arrears for any period and any one or more of the following, that is to say— (a) benefit under the Supplementary Benefits Act 1976[^f00003], or (b) income support under the Social Security Act 1986[^f00004] or under the Income Support (Transitional) Regulations 1987[^f00005], or (c) any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to benefit under the 1976 Act or, as the case may be, income support under the 1986 Act, or the Income Support (Transitional) Regulations 1987, has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in sub-paragraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1), and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority administering the benefit or as the case may be income support.

SCHEDULE 1 — Table to be substituted for Table 1 of Part II of Schedule 1 to the principal Order

SCHEDULE 2 — Table to be substituted for Table 3 of Part II of Schedule 1 to the principal Order

SCHEDULE 3 — Table to be substituted for Table 1 of Part III of Schedule 1 to the principal Order

SCHEDULE 4 — Table to be substituted for Table 2 of Part III of Schedule 1 to the principal Order

SCHEDULE 5 — Part to be substituted for Part IV of Schedule 1 to the principal Order

PART IV — RATES OF ALLOWANCES PAYABLE IN RESPECT IF DISABLEMENT

1

Education allowance under article 13

2

Constant attendance allowance—

3

Exceptionally severe disablement allowance under article 15

4

Severe disablement occupational allowance under article 16

5

Allowance for wear and tear of clothing—

6

Unemployability allowances—

7

Invalidity allowance under article 19—

8

Comforts allowance—

9

Allowance for lowered standard of occuption under article 21

10

Age allowance under article 22 where the degree of pensioned disablement is—

11

Treatment allowances—

12

Part-time treatment allowance under article 25

13

Mobility supplement under article 26A

SCHEDULE 6 — Table to be substituted for Table 1A of Part II of Schedule 2 to the principal Order

SCHEDULE 7 — Table to be substituted for Table 5 of Part II of Schedule 2 to the principal Order

SCHEDULE 8 — Part to be substituted for Part III of Schedule 2 to the principal Order

PART III — RATES OF PENSIONS, OTHER THAN WIDOWS' PENSIONS AND ALLOWANCES, PAYABLE IN RESPECT OF DEATH

1

Pension under article 30 to unmarried dependant who lived as a spouse

2

Rent allowance under article 31

3

Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse—

4

Pension to widower under article 34

5

Allowances in respect of children—

6

Pension under article 36 to a motherless or fatherless child of a member

7

Pension or allowance under article 37(3) to or in respect of a child over the age limit

8

Education allowance under article 38

9

Pensions to parents—

10

Pensions to other dependants—

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order, which takes effect from 11th April 1988, further amends the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the principal Order”) which makes provision for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces during the 1914 World War and after 2nd September 1939.

Article 2 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order, and article 3(1) and (2) substitutes Schedules in the principal Order thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Article 4 makes changes consequential upon the coming into force on 11th April 1988 of provisions of the Social Security Act 1986 relating to income support.

Footnotes

[^f00001]: S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592 and 1987/165.

[^f00002]: 1977 c. 5.

[^f00003]: 1976 c. 71, as amended by the Social Security Act 1980 (c. 30).

[^f00004]: 1986 c. 50.

[^f00005]: S.I. 1987/1969.