The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1990

Made: 14th February 1990

Laid before Parliament: 22nd February 1990

Coming into force

At the Court of Saint James, the 14th day of February 1990 Present, The Counsellors of State in Council

NOW, THEREFORE, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977[^f00001] and of all other powers enabling Her Majesty, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf 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 1990, shall come into force for the purposes of this article and article 4 on 1st April 1990 and for all other purposes on 9th April 1990.

• (2) In this Order, the expression “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00002].

Amendment of article 18 of the principal Order

2

In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,482” there shall be substituted the amount “£1,820”.

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 “£2,954” in the second column of Table 1B of Part II there shall be substituted the amount “£3,178”;

• (c) for the amounts “£56.65” and “£13.08” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£60.95” and “£14.07”;

• (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

4

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

(ccc) moneys provided under the Local Government Finance Act 1988[^f00003]; or

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

A

FINGERS–

• Index Finger– More than 2 phalanges, including loss of whole finger

B

TOES–

• Great toe– through metatarso-phalangeal joint

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 article 13

2

Constant attendance allowance–

• (a) under article 14(1)(b)

3

Exceptionally severe disablement allowance under article 15

4

Severe disablement occupational allowance under article 16

5

Allowance for wear and tear of clothing–

• (a) under article 17(1)(a)

6

Unemployability allowances–

• (a) personal allowance under article 18(1)(a)

7

Invalidity allowance under article 19–

• (a) if–

• (i) the relevant date fell before 5th July 1948; or

• (ii) on the relevant date the member was under the age of 35; or

• (iii) on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

8

Comforts allowance–

• (a) under article 20(1)(a)

9

Allowance for lowered standard of occupation under article 21–

10

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

• (a) 40 to 50 per cent.

11

Treatment allowances – increase of personal allowances 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

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 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 age 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 child

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–

• (a) minimum rate under article 40(3)

10

Pension to other dependants–

• (a) under article 41(2)

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 (1) and (2) substitutes tables in the 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 adds to the definition of “public funds” a reference to moneys provided under the Local Government Finance Act 1988. £1.95 net

Footnotes

[^f00001]: 1977 c. 5.

[^f00002]: S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592, 1987/165, 1988/248, 2248 and 1989/156.

[^f00003]: 1988 c. 41.