The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995

Made: 15th March 1995

Laid before Parliament: 27th March 1995

Coming into force: 10th April 1995

At the Court at Buckingham Palace, the 15th day of March 1995 Present, The Queen’s Most Excellent Majesty in Council

NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00003], section 2(1) of the Pensions and Yeomanry Pay Act 1884[^f00004], section 2(1) of the Air Force (Constitution) Act 1917[^f00005], and sections 12(1) and 24(3) of the said Act of 1977 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 may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995 and shall come into force on 10th April 1995.

• (2) In this Order, “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 “£2,236” there shall be substituted the amount “£2,288”.

Amendment of article 26A of the principal Order

3

At the end of head (iii) of sub-paragraph (1)(c) of article 26A of the principal Order (mobility supplement)[^f00006] there shall be added the word “, or” followed by the following head—

(iv) has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 1992[^f00007] or the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00008] having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section.

Amendment of article 29 of the principal Order

4

Article 29 of the principal Order (pensions to widows)[^f00009] shall be amended as follows—

• (a) in paragraph (1A) for the amount “£48.70” there shall be substituted the amount “£49.77”;

• (b) paragraph (2) shall be omitted.

Amendment of article 67A of the principal Order

5

In paragraph (1) of article 67A of the principal Order (suspension in individual cases— Pensions Appeal Tribunal)[^f00010] for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.

Amendment of article 67B of the principal Order

6

In article 67B(1) of the principal Order (suspension in individual cases— courts) for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.

Amendment of Schedules to the principal Order

7

• (1) In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances)—

• (a) for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;

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

• (c) for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.

• (2) In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death)—

• (a) for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;

• (b) for Part III there shall be substituted the Part set out in Schedule 6 to this Order.

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

TABLE

1

WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10 – 15 OF PART 1 OF THIS SCHEDULE.

2

YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1 – 9 OF PART 1 OF THIS SCHEDULE.

SCHEDULE 2 — 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

A

FINGERS—

B

TOES—

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

TABLE 2 — GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1

SCHEDULE 4 — 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

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 14

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 allowances under article 23(3)

12

Part-time treatment allowance under article 25

13

Mobility supplement under article 26A

SCHEDULE 5 — TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4 AND 5 OF SCHEDULE 2 PART II

PART II — RATES OF PENSIONS AND ALLOWANCES

TABLE 1 — YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AFTER 2 SEPTEMBER 1939

TABLE 2 — WEEKLY RATES OF PENSIONS FOR WIDOWS OF RATINGS, SOLDIERS OR AIRMEN WHO WERE MEMBERS OF THE FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921 OR AFTER 2 SEPTEMBER 1939

TABLE 3 — YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921

TABLE 4 — YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES AFTER 2 SEPTEMBER 1939

TABLE 5 — WEEKLY RATES OF PENSION FOR CHILDLESS WIDOWS AGED UNDER 40 BEING WIDOWS OF RATINGS, SOLDIERS OR AIRMEN WHO WERE MEMBERS OF THE FORCES AFTER 2 SEPTEMBER 1939

SCHEDULE 6 — 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

Pension to other dependants—

Signed

N. H. Nicholls — 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 4 increases the amount of a widow’s pension payable under article 29 of the principal Order, whilst that article and articles 3, 5 and 6 also make minor drafting amendments.

Article 7 (1) and (2) substitute tables in the Schedule 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.

This Order does not impose any costs on business.

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, 1991/766, 1992/710, 3208, 1993/598, 1994/772 and 1906.

[^f00002]: 1977 c. 5.

[^f00003]: 28 & 29 Vict c.73.

[^f00004]: 47 & 48 Vict c.55.

[^f00005]: 7 & 8 Geo 5 c.51.

[^f00006]: Article 26A was added by article 4 of S.I. 1983/1116: there are amendments which are not relevant for the purposes of this instrument.

[^f00007]: 1992 c. 4.

[^f00008]: 1992 c. 6.

[^f00009]: Paragraph (1A) was added to article 29 by S.I. 1994/1906.

[^f00010]: Articles 67A and 67B were inserted by S.I. 1994/772.

[^f00011]: 1992 c. 4.