The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1997

Made: 12th February 1997

Laid before Parliament: 24th February 1997

Coming into force: 7th April 1997

At the Court at Buckingham Palace, the 12th day of February 1997. 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 1997 and shall come into force on 7th April 1997.

• (2) In this Order “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article Part, Table or Schedule in the principal Order which bears that number.

Amendment of article 3A

2

In article 3A[^f00006] (making of claims)

• (a) in paragraph (1), after the words “or supplement” where they first occur there shall be inserted the words “(including any such award which follows an earlier award or which follows a period which, had there been an award for that period, would have ended in accordance with article 42(1)[^f00007]”;

• (b) at the end of paragraph (2) there shall be added—

(p) an award of funeral expenses under article 42A (funeral expenses).

Amendment of article 17

3

In article 17 (allowance for wear and tear of clothing), for paragraphs (1) and (2) there shall be substituted the following paragraph —

(1) A member of the armed forces who is in receipt of retired pay or a pension may be awarded an allowance in respect of wear and tear of clothing at the rate specified in paragraph 5 of Part IV of Schedule 1, where either — (a) he is in receipt of retired pay or pension in respect of an amputation and regularly wears an artificial limb; or (b) the Secretary of State is satisfied that as a result of the disablement which gives rise to an award under this Order there is exceptional wear and tear of the member`s clothing.

Amendments of articles 18, 21 and 26A

4

• (1) In the amendments to the principal Order made in paragraphs (2) to (4) below, a claim is a new claim where —

• (a) the date of the claim occurs on or after 7th April 1997; and

• (b) on the day which immediately precedes the date of the claim the member or, where the member has died, the person by or in respect of whom the claim is made does not have an award of the allowance or, as the case may be, the supplement in question.

• (2) In article 18 (unemployability allowances) —

• (a) after paragraph (1) there shall be inserted the following paragraph —

(1A) Paragraph (1) shall not apply in the case of a member who submits a new claim for an allowance under this article — (a) on or after the date he attains the age of 65; or (b) where the degree of disablement is assessed at less than 60 per cent.

• (b) in paragraph (2) for the amount “£2,366”[^f00008] there shall be substituted the amount “£2,418”.

• (3) In article 21 (allowance for lowered standard of occupation) —

• (a) in paragraph (1) at the beginning there shall be inserted the words —

• Except in the case of a member to whom paragraph (1B) applies,

; and

• (b) after paragraph (1A)[^f00009] there shall be inserted the following paragraph —

(1B) This paragraph applies in the case of a member who submits a new claim for an allowance under this article — (a) on or after the date he attained the age of 65; or (b) where the degree of disablement is assessed at less than 40 per cent.

• (4) In article 26A[^f00010] (mobility supplement), after paragraph (1) there shall be inserted the following paragraph —

(1A) This article shall not apply in the case of a member who submits a new claim where the degree of disablement is assessed at less than 40 per cent.

Amendment of article 27

5

In article 27[^f00011] (awards in respect of death) —

• (a) In paragraph (1), after the words “due to service” there shall be inserted the words “or to which article 42A(2)(b) applies”;

• (b) in paragraph (3), the words from “so however” to the end of the paragraph shall be deleted;

• (c) at the end, there shall be added the following paragraph —

(4) The death of a member — (a) whose degree of disablement was assessed at not less than 80 per cent; and (b) to whom, in respect of the period ending with his death, an allowance under article 18 (unemployability allowances) was payable, shall be regarded as due to service for the purposes of the provisions of this Part.

Amendment of article 29

6

In article 29[^f00012] (pensions to widows) in —

• (a) paragraph (1)(a)(i) after the words “40 years” there shall be inserted “or is the widow of an officer who was a member of the armed forces between 14th August 1914 and 30th September 1921”;

• (b) paragraph (1A) for the amount “£51.71” there shall be substituted the amount “£52.80”.

Amendment of article 42

7

In article 42[^f00013] (marriage of female persons) —

• (a) after paragraph (1) there shall be inserted the following paragraph —

(1A) Where — (a) in accordance with paragraph (1) an award ceased because the person had another person living with her as her spouse; and (b) that person claims an award under this Part in respect of a period which begins after the end of that relationship, the claim shall be determined as though the relationship had never existed.

• (b) paragraphs (3), (6) and (7) shall be omitted.

Funeral expenses

8

In Part IV, at the end, there shall be added —

(42A) (1) Where a member of the armed forces dies on or after 7th April 1997 and — (a) the funeral took place in the British Islands or the Republic of Ireland, (b) within three months of the funeral of the deceased member, either (i) a claim is made for funeral expenses, or (ii) an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming funeral expenses and a claim is made for such expenses within three months of the date the claim form is sent in response to that enquiry; and (c) one of the conditions specified in paragraph (2) is satisfied, the Secretary of State may defray so much of any reasonable funeral expenses as he may determine, including the cost of transporting the body of the deceased member but only within the area of the British Islands and the Republic of Ireland. (2) The conditions specified in this paragraph are — (a) the death of the member was due to service; (b) the death of the member occurred whilst, in respect of the disablement which gives rise to an award under this Order, he was— (i) receiving free in-patient treatment within the meaning of regulation 2(2) of the Social Security (Hospital In-Patient Regulations) 1975[^f00014] or of any corresponding enactment having effect in Northern Ireland; or (ii) provided with accommodation and services under section 65 of the National Health Service Act 1977[^f00015], section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978[^f00016] or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990[^f00017] or under any corresponding enactment having effect in Northern Ireland.

Substitution of article 65

9

For article 65[^f00018] there shall be substituted —

(65) Schedule 3 has effect with respect to commencing dates of awards under this Order.

Amendment of Schedules

10

• (1) In Schedule 1 (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 (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.

• (3) For Schedule 3 (commencing dates of awards of pensions) there shall be substituted the Schedule set out in Schedule 7 to this Order.

Revocations

11

• (1) Article 65ZA[^f00019] (commencing date of award of widow’s pension where section 168 of the Pensions Act 1995[^f00020] applies) is hereby revoked.

• (2) Article 10 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment (No.3) Order 1996[^f00021] (which inserted article 65ZA) is also revoked.

SCHEDULE 1 — Table to be substituted for the table set out in part II of Schedule 1

Table

1

Weekly rates of pensions for disabled members of the armed forces in groups 10-15 of part I of this schedule.

2

Yearly rates of retired pay and pensions for disabled members of the armed forces in groups 1-9 of part I of this schedule.

Degree of Disability	Weekly rate	Yearly rate
Per cent	£	£
100	107.20	5,594
90	96.48	5,035
80	85.76	4,475
70	75.04	3,916
60	64.32	3,356
50	53.60	2,797
40	42.88	2,238
30	32.16	1,678
20	21.44	1,119

SCHEDULE 2 — Table to be substituted for table 1 of part III of schedule 1

Table 1 — Gratuities payable for specified minor injuries

Description of Injury	Assessments	Groups 1-15
For the loss of:	Per cent	£
A. Fingers—
Index Finger—
More than 2 phalanges including loss of whole finger	14	5,100
More than 1 phalanx but not more than 2 phalanges	11	4,082
1 phalanx or part thereof	9	3,400
Guillotine amputation of tip without loss of bone	5	2,036
Middle Finger—
More than 2 phalanges including loss of whole finger	12	4,418
More than 1 phalanx but not more than 2 phalanges	9	3,400
1 phalanx or part thereof	7	2,718
Guillotine amputation of tip without loss of bone	4	1,700
Ring or little finger—
More than 2 phalanges including loss of whole finger	7	2,718
More than 1 phalanx but not more than 2 phalanges	6	2,382
1 phalanx or part thereof	5	2,036
Guillotine amputation of tip without loss of bone	2	1,018
B. Toes—
Great toe— through metatarsophalangeal joint	14	5,100
part, with some loss of bone	3	1,354
1 other toe—
through metatarsophalangeal joint	3	1,354
part, with some loss of bone	1	682
2 toes, excluding great toe— through metatarsophalangeal joint	5	2,036
part, with some loss of bone	2	1,018
3 toes, excluding
great toe through metatarsophalangeal joint	6	2,382
part, with some loss of bone	3	1,354
4 toes, excluding
great toethrough metatarsophalangeal joint	9	3,400
part, with some loss of bone	3	1,354

SCHEDULE 3 — Table to be substituted for table 2 of part III of schedule 1

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

Groups 1-15	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to	Estimated Duration of the disablement within the degree referred to
	Temporary less than a year	Temporary less than a year	Temporary less than a year	Temporary more than a year	Temporary more than a year	Temporary more than a year	Indeterminate	Indeterminate	Indeterminate
	Per Cent	Per Cent	Per Cent	Per Cent	Per Cent	Per Cent	Per Cent	Per Cent	Per Cent
	1-5	6-14	15-19	1-5	6-14	15-19	1-5	6-14	15-19
	£	£	£	£	£	£	£	£	£
	284	633	1,107	569	1,262	2,209	1,706	3,790	6,632

SCHEDULE 4 — part to be substituted for part iv of schedule 1

part iv — rates of allowances payable in respect of disablement

1

Education allowance under

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 under article 17(1)

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 allowancesincrease 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 part ii of schedule 2

part ii — rates of pensions and allowances

Table 1 — yearly rates of pensions for widows of officers who were members of the armed forces before 14 august 1914 or after 30 september 1921

Group	Yearly rate
	£
1	4,900
2	4,724
3	4,614
4	4,514
5	4,446
6	4,381
7	4,359
8	4,326
9	4,309
10	4,293
11	4,266

Table 2 — weekly rates of pensions for widows of ratings, soldiers or airmen

Group	Weekly rate
(1)	(2)
	£
12 13 14 15 16	81.25
17	81.00

Table 3 — yearly rates of pensions for widows of officers who were members of the forces between 14 august 1914 and 30 september 1921

Group	Yearly rate
(1)	(2)
	£
1	5,010
2	4,790
3	4,679
4	4,569
5	4,481
6	4,391
7	4,367
8	4,326
9	4,309
10	4,293
11	4,266

Table 4 — yearly rates of pensions for widows of officers who were members of the forces before 14 august 1914 or after 30 september 1921

Group	Yearly rate
(1)	(2)
	£
1	4,900
2	4,724
3	4,614
4	4,514
5	4,446
6	4,381
7	4,359
8	1,501
9	1,340
10	1,179
11	1,042

Table 5 — weekly rates of pension for childless widows aged under 40 being widows of ratings, soldiers or airmen

Group	Weekly rate
(1)	(2)
	£
12 13 14 15 16	19.02
17	18.74

SCHEDULE 6 — part to be substituted for part iii of schedule 2

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 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)

SCHEDULE 7 — schedule to be substituted for schedule 3

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.

Article 2 amends the principal Order so that it is clear that a claim is necessary to establish entitlement to a funeral payment and to a widow’s pension under the principal Order after a period when the widow was married or had lived with another as a spouse.

Article 3 , together with Part IV of Schedule 1 of the principal Order as substituted by this Order, replaces two rates of clothing allowance under article 17 of the principal Order with a single rate of allowance.

Article 4 increases the maximum amount of annual earnings which may be received by a disabled person whilst he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order. It also amends the principal Order so that, for claims dated on or after this Order comes into force, (a) an unemployability allowance under article 18 of the principal Order may not be awarded to a claimant who is aged 65 or over, or whose pensioned disablement has been assessed at less than 60 per cent; (b) an allowance for lowered standard of occupation under article 21 of the principal Order may not be awarded to a pensioner aged 65 or over whose pensioned disablement has been assessed at less than 40 per cent; and (c) a mobility supplement under article 26A of the principal Order may not be awarded to a claimant whose pensioned disablement has been assessed at less than 40 per cent.

Article 5 amends the principal Order so that the death of a member, whose degree of disability was assessed at 80 per cent and who was in receipt of an unemployability allowance under article 18 of the principal Order, is regarded as due to service for the purposes of awards under the Order in respect of death.

Article 6 increases the amount of a widow’s pension payable under article 29 of the principal Order. It also amends the principal Order so that provision is made for pensions for women who have not attained the age of 40 and who are the widows of officers who were members of the armed forces between 14th August 1914 and 30th September 1921.

Article 7 amends the principal Order so that a widow, whose pension under the principal Order ceased because she lived with a man as his wife, may claim restoration of an award after that relationship has ended. It also amends the principal Order with the effect that gratuities are not payable to widows in connection with remarriage or cohabitation.

Article 8 inserts into the principal Order provision for the Secretary of State to defray reasonable expenses in respect of the funeral of a member of the armed forces.

Article 10 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. It also makes provision for the commencing dates of awards and adjustments to awards by substituting a new Schedule 3 to the principal Order.

Articles 9 and 11 are consequential amendments.

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, 1995/766, 1996/732, 1638 and 2882.

[^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 3A was inserted by S.I. 1996/2882.

[^f00007]: Article 42(1) has been amended by S.I. 1984/1154.

[^f00008]: The sum £2,366 was substituted by S.I. 1996/732.

[^f00009]: Paragraph (1A) was inserted by S.I. 1985/1201.

[^f00010]: Article 26A was inserted by S.I. 1983/1116; such amendments as have been made to article 26A are not relevant to this Order.

[^f00011]: Article 27 has been amended by S.I. 1986/592 and 1996/2882.

[^f00012]: Article 29 has been amended: relevant amending instruments are S.I. 1993/598, 1994/1906 and 1996/732.

[^f00013]: Article 42 has been amended: the relevant amending instruments are S.I. 1993/598 and 1996/732.

[^f00014]: S.I. 1975/555; regulation 2(2) was substituted by S.I. 1992/2595.

[^f00015]: 1977 c. 49.

[^f00016]: 1978 c. 29.

[^f00017]: 1990 c. 19.

[^f00018]: Article 65 was substituted by article 10 of S.I. 1996/2882.

[^f00019]: Article 65ZA was substituted by article 10 of S.I. 1996/2882.

[^f00020]: 1995 c. 26.

[^f00021]: S.I. 1996/2882.

[^f00022]: 1992 c. 4.

[^f00023]: 1943 c. 39; section 1 was amended by the Pensions Appeals Tribunals Act 1949 (c. 13), section 1(1). Section 5 was amended by the Chronically Sick and Disabled Persons Act 1970 (c. 44), section 23(2) and the Social Security Act 1980 (c. 30), section 16(3).

[^f00024]: 1919 c. 53, section 8 was amended by the War Pensions Act 1920 (c. 27), section 8(2) and the Statute Law (Repeals) Act 1986 (c. 12), section 1(1) and Schedule 1, Part III.

[^f00025]: Article 3B was inserted by S.I. 1996/2882.

[^f00026]: 1995 c. 26.

[^f00027]: Article 42(1A) is inserted by this Order: see above.

[^f00028]: See section 6(2) of the Pensions Appeals Tribunals Act 1943 (1943 c. 39)

[^f00029]: See section 6(2A)(b)(i) of the Pensions Appeals Tribunals Act 1943 (1943 c. 39); section 6(2A) was inserted by section 23(1) of the Chronically Sick and Disabled Persons Act 1970 (c. 44) and amended by section 43 of the Social Security and Housing Benefits Act 1982 (c. 24)

[^f00030]: See section 6(2A)(b)(i) of the Pensions Appeals Tribunals Act 1943 (1943 c. 39).

[^f00031]: See article 3B which was inserted by article 3 of S.I. 1996/2882.