The War Pensions (Mercantile Marine) (Amendment) Scheme 1997

Made: 12th March 1997

Coming into force: 7th April 1997

The Secretary of State for Social Security, with the consent of the Treasury, in exercise of powers conferred by section 7(3) of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939[^f00001] and now vested in him[^f00002] and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation and commencement

1

This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 1997 and shall come into force on 7th April 1997.

Commencing dates of awards

2

For Schedule 7[^f00003] (commencing dates of awards of benefit) of the War Pensions (Mercantile Marine) Scheme 1964[^f00004] there shall be substituted the Schedule set out in the Schedule to this Scheme.

SCHEDULE — SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 7

Signed

Signed by authority of the Secretary of State for Social Security.

Mackay of Ardbrecknish — Minister of State, — Department of Social Security — 12th March 1997

We consent,

Patrick McLoughlin — Gyles Brandreth — Two of the Lords Commissioners of Her Majesty’s Treasury — 12th March 1997

Explanatory note

(This note is not part of the Scheme)

This Scheme, which comes into force on 7th April 1997, amends the War Pensions (Mercantile Marine) Scheme 1964 (S.I. 1964/2058) by substituting provision as to the date payment of benefit is to commence. Formerly, the Secretary of State had power to depart from the rules governing the commencing dates of awards of benefit in particular cases or classes of case. In place of that power, uniform provision is made as to when awards or adjustments to awards are to take effect in cases affected by a change in the law or medical opinion; cases where an award is restored after a period when it ceased because the person remarried or lived with another as a spouse; or where a claimant has good cause for tardily making a claim, application for review or appeal.

This Scheme does not impose any costs on business.

Footnotes

[^f00001]: 1939 c. 83.

[^f00002]: See The Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), article 2, Ministry of Social Security Act 1966 (c. 20), section 2, and the Secretary of State for Social Services Order 1968 (S.I. 1968/1699), article 2.

[^f00003]: Schedule 7 was inserted by S.I. 1988/639.

[^f00004]: S.I. 1964/2058; the relevant amending instrument is S.I. 1988/639.

[^f00005]: 1943 c. 39; 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).

[^f00006]: 1995 c. 21.

[^f00007]: 1995 c. 26.

[^f00008]: S.I. 1983/883; article 42(1A) is inserted by S.I. 1997/286.

[^f00009]: See section 6(2) of the Pensions Appeal Tribunals Act 1943 (1943 c. 39).

[^f00010]: See section 6(2A)(b)(i) of the Pensions Appeal Tribunals Act 1943 (1943 c. 39); section 6(2A) was inserted by the Chronically Sick and Disabled Persons Act 1970 (c. 44), section 23(1) and amended by the Social Security and Housing Benefits Act 1982 (c. 24), section 43(1).

[^f00011]: See section 6(2A)(b)(ii) of the Pensions Appeal Tribunals Act 1943 (1943 c. 39).