The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1996

Made: 13th March 1996

Laid before Parliament: 25th March 1996

Coming into force: 8th April 1996

At the Court at Buckingham Palace, the 13th day of March 1996 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 1996 and shall come into force on 8th April 1996.

• (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 “£2,288” there shall be substituted the amount “£2,366”.

Amendment of article 29 of the principal Order

3

In article 29 of the principal Order (pensions to widows)[^f00006] in paragraph (1A) for the amount “£49.77” there shall be substituted the amount “£51.71”.

Amendment of article 42 of the principal Order

4

The heading of article 42 of the principal Order (marriage of female persons) shall be changed to “Effects of marriage and living together” and article 42[^f00007] shall be amended as follows—

• (a) in paragraph (3) for the words “paragraphs (4) and (7)” there shall be substituted the words “paragraph (7)”;

• (b) paragraph (4) shall be omitted; and

• (c) in paragraph (6) for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraph (3)”.

Amendment of Schedules to the principal Order

5

• (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—

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

B

TOES—

• Great toe— through metatarso-phalangeal joint

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

• (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 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—

• (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)—

• (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 eldest 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

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 3 increases the amount of a widow’s pension payable under article 29 of the principal Order. ]

Article 4 makes an amendment to article 42 of the principal Order which is consequential on section 168 of the Pensions Act [1995 (c. 26)](https://www.legislation.gov.uk/ukpga/1995/26), which provides for the restoration of a war widow’s pension on the termination of a subsequent marriage or judicial separation of the parties to such a marriage.

Article 5 substitutes tables in Schedules 1 and 2 to 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, 1906 and 1995/766.

[^f00002]: 1977 c. 5.

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

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

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

[^f00006]: Paragraph (1A) was added to article 29 by S.I. 1994/1906.

[^f00007]: Article 42 has been amended by S.I. 1984/1154 and 1993/598.