The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992

Made: 12th March 1992

Laid before Parliament: 13th March 1992

Coming into force: 6th April 1992

At the Court at Buckingham Palace, the 12th day of March 1992 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 of 1977 and of all 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, may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992, and shall come into force on the 6th April 1992.

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

Omission of article 12 of the principal Order

2

Article 12 of the principal Order (allowances for eligible members of the family) shall be omitted.

Amendment of article 18 of the principal Order

3

In article 18 of the principal Order (unemployability allowances) —

• (a) in paragraph (2) for the amount “£2,028” there shall be substituted the amount “£2,106”;

• (b) in paragraph (5) —

• (i) for sub-paragraphs (b) and (c) there shall be substituted thefollowing sub-paragraphs—

(b) subject to sub-paragraph (c) below, an allowance may be awarded in respect of a wife or husband or unmarried dependant living as a spouse or adult dependant at a rate not exceeding the appropriate rate specified in paragraph 6(b)(i) of Part IV of Schedule 1 if the Secretary of State thinks fit having regard to the financial circumstances of the person in respect of whom the allowance is claimed; (c) an allowance shall not be awarded in respect of more than one adult dependant;

; and

• (ii) in paragraph (5)(d) for the words “paragraph 6(b)(iii)” there shall be substituted “paragraph 6(b)(ii)”.

Amendment of article 23 of the principal Order

4

In article 23 of the principal Order (treatment allowances) paragraph (1)(b) and paragraph (4) shall be omitted.

Amendment of article 26A of the principal Order

5

In article 26A of the principal Order (mobility supplement) in paragraph (1)(b) for the words “12 months” there shall be substituted the words “6 months”.

Amendment of article 53 of the principal Order

6

In article 53 of the principal Order (general provisions relating to awards under Part V) paragraph (2)(a) shall be omitted.

Amendment of Schedules to the principal Order

7

• (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 to this Order;

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

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

• (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 to this Order;

• (b) for the amount “£3,525” in the second column of Table 1B of Part II there shall be substituted the amount “£3,668”;

• (c) for the amounts “£67.60” and “£15.60” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£70.35” and “£16.25”;

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

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

Saving provision in relation to allowances for eligible members of the family

8

Notwithstanding the revocation of article 12, and the amendment to article 18(5), articles 23 and 53 of the principal Order, in any case where a pension or allowance or any addition to pension is payable in respect of the period immediately before 6th April 1992 those provisions shall continue to have effect as though this Order had not come into force.

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 OF DISABLEMENT

1

Education allowance under article 13

2

Constant attendance allowance—

• (a) under article 14(1)(b)

3

Exceptionally severe disablement allownace under article 15

4

Severe disablement occupational allowance under article 16

5

Allowance for wear and rear 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 allowances 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 a 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)—

• (i) in respect of the only, elder or eldest child of a member

6

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

• (a) in respect of the only, elder or the eldest child of a member

7

Pension or allowance under article 37(3) to or in respect of a child ov er 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 abolishes allowances for eligible members of the family under article 12 for the period which occurs after the coming into force of this Order. As a consequence articles 18, 23 and 53 have been amended to remove the references to article 12 (article 3(b), 4 and 6).

Article 3 (a) 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 5 reduces the time limit from 12 months to 6 months for which a disablement is likely to remain for the purposes of qualifying for a mobility supplement.

Article 7 (1) and (2) substitutes tables in the Schedules in the principal Order thereby varying the rates of retired pay, pension, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Article 8 provides that allowances for eligible members of the family will still be payable for any period prior to the coming into force of this Order.

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, 2248,1989/156, 1990/250, 1308 and 1991/766.

[^f00002]: 1977 c. 5.