The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1999

Made: 10th February 1999

Laid before Parliament: 22nd February 1999

Coming into force: 12th April 1999

At the Court at Buckingham Palace, the 10th day of February 1999 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 1865³, section 2(1) of the Pensions and Yeomanry Pay Act 1884⁴, section 2(1) of the Air Force (Constitution) Act 1917⁵, 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 1999 and shall come into force on 12th April 1999.

• (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 “£2,496” there shall be substituted the amount “£3,016”.

Substitution of article 26 of the principal Order

3

For article 26 (medical expenses) there shall be substituted the following article–

(26) Any necessary expenses in respect of the medical, surgical or rehabilitative treatment of a member of the armed forces and of appropriate aids and adaptations for disabled living may, in so far as the expenses wholly or mainly arise as a result of the disablement due to service and in so far as the treatment, aids or adaptations are not provided for, otherwise than on payment of a charge by the member, under legislation of the United Kingdom (other than any enactment under or by virtue of which this Order is made), be defrayed by the Secretary of State under such conditions and up to such amounts as he may determine.

Amendment of article 29 of the principal Order

4

In article 29 of the principal Order (pensions to widows) in paragraph (1A) for the amount “£54.70” there shall be substituted the amount “£56.45”.

Amendment of Schedules to the principal Order

5

• (1) In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances in respect of disablement)–

• (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; and

• (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

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.

SCHEDULE 2 — TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1

TABLE 1 — GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

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

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 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 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 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 PART II OF SCHEDULE 2

PART II — RATES OF PENSIONS AND ALLOWANCES

TABLE 2 — WEEKLY RATES OF PENSIONS FOR WIDOWS OF RATINGS, SOLDIERS OR AIRMEN

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 BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

TABLE 5 — WEEKLY RATES OF PENSION FOR CHILDLESS WIDOWS AGED UNDER 40 BEING WIDOWS OF RATINGS, SOLDIERS OR AIRMEN

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 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

A.K. Galloway — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order 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 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.

Article 3 makes an amendment to article 26 of the principal Order to clarify that the Secretary of State’s discretion to defray medical expenses extends to cases where treatment, adaptations or aids are provided for under other legislation on payment of a charge by a member of the armed forces.

Article 4 increases the amount of a widow’s pension payable under article 29 of the principal Order.

Articles 5(1) and (2) substitute 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