The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989

Made: 7th February 1989

Laid before Parliament: 15th February 1989

Coming into force

At the Court at Buckingham Palace, the 7th day of February 1989 Present, The Queen’s Most Excellent Majesty in Council

NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act 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 1989, shall come into force for the purposes of this article and articles 3 and 5 on 1st April 1989 and for all other purposes on 10th April 1989.

• (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 “£1,404” there shall be substituted the amount “£1,482”.

Amendment of article 31 of the principal Order

3

At the end of paragraph (1) of article 31 of the principal Order (Rent allowance to widows, and unmarried dependants who lived as wives, who have children) there shall be added the words “and to any community charge payable by her.”.

Amendment of Schedules to the principal Order

4

• (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 “£2,789” in the second column of Table 1B of Part II there shall be substituted the amount “£2,954”;

• (c) for the amounts “£53.50” and “£12.35” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£56.65” and “£13.08”;

• (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 Schedule 4 to the principal Order

5

In Part II of Schedule 4 to the principal Order, in column (3) of item 45 (meaning of the expression “public funds”) after paragraph (c) there shall be inserted the following paragraph–

(cc) moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987[^f00003]; or

SCHEDULE 1 — TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Table 1 — yearly rates of–

SCHEDULE 2 — TABLE TO BE SUBSTITUTED FOR TABLE 3 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Table 3 — weekly rates of pension for disabled other ranks groups 10–15

SCHEDULE 3 — TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Table 1 — gratuities payable for specified minor injuries

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 of disablement

1

Education allowance under article13

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 article19–

8

Comforts allowance–

9

Allowance for lowered standard of occupation under article 21

10

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

11

Treatment allowances–increase of personal allowance under article 23(3)

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

Table 1 — yearly rates of pensions for widows of officersa.pensions other than pensions awarded under article 11(1) or (2) of the 1921 (officers) order or article 11(1) of the 1921 (warrant officers) order, of the 1920 warrant or of the 1921 order.

SCHEDULE 7 — TABLE TO BE SUBSTITUTED FOR TABLE 5 OF PART II OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Table 5 — maximum yearly rates of pensions for relatives of 1914 world war officers

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 spouse

2

Rent allowance under article 31

3

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

• (a) if aged 65 but under 70

4

Pension to widower under article 34

5

Allowances in respect of children–

• (a) under article 35(1) in respect of each chile

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

Pension to parents–

• (a) minimum under article 40(3)

10

Pension 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 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.

Article 3 enables the Secretary of State to take account of any community charge paid by a widow, or by an unmarried dependant who ived as a spouse, in determining whether to pay a weekly rent allowance to the pensioner.

Article 4 (1) and (2) substitutes tables in the Schedule in the principal Order threby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Article 5 adds to the definition of “public funds” a reference to moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987.

Footnotes

[^f00001]: S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248.

[^f00002]: 1977 c. 5.

[^f00003]: 1987 c. 47.