The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

• (iii) where it appears to the Secretary of State that the medical question raises a serious doubt or difficulty and he so desires, in accordance with the opinion thereon obtained from one or more of a panel of independent medical experts nominated by the President of the Royal College of Physicians of London, the Royal College of Surgeons of England or the Royal College of Obstetricians and Gynaecologists.

Review of decisions, assessments and awards

44

• (1) Subject to the provisions of paragraphs (3), (4) and (5) and to the provisions of paragraph (8). . . —

• (a) any decision accepting or rejecting a claim for pension; or

• (b) any assessment of the degree of disablement of a member of the armed forces; or

• (c) any final decision that there is no disablement or that the disablement has come to an end

may be reviewed by the Secretary of State at any time on any ground.

• (2) Subject to the provisions of paragraphs (4), (5), (8) and (9), any award under this Order may be reviewed by the Secretary of State at any time if the Secretary of State is satisfied that—

• (a) the award was made in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law;

• (b) there has been any relevant change of circumstances since the award was made;

• (c) the award was based on a decision or assessment to which paragraph (1) of this article applies, and that decision or assessment has been revised.

• (3) Any assessment or decision made, given or upheld by the Pensions Appeal Tribunal under section 8 of the War Pensions (Administrative Provisions) Act 1919 or the Pensions Appeal Tribunals Act 1943 or the First-tier Tribunal may be reviewed by the Secretary of State at any time if the Secretary of State is satisfied that there has been a relevant change of circumstances since the assessment or decision was made, including any improvement or deterioration in the disablement in respect of which the assessment was made.

• (4) Subject to the provisions of paragraph (9), following a review under paragraph (1) of any decision accepting a claim for pension or any assessment of the degree of disablement of a member of the armed forces, that decision or assessment may be revised by the Secretary of State to the detriment of a member of the armed forces only where the Secretary of State is satisfied that—

• (a) the decision or assessment was given or made in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law; or

• (b) in the case of a decision accepting a claim for pension—

• (i) the decision was given after it had been certified pursuant to article 43(b)(i) that the member of the armed forces was suffering from a specified disablement (“the certified condition”) which was attributable to, or aggravated by, his service, and

• (ii) since the date of the decision it has been further certified, pursuant to article 43(b)(i), that the claimant was not, at the date of the earlier certification, suffering from the certified condition; or

• (c) there has been a change in the degree of disablement due to service since the assessment was made.

• (5) An award under this Order may be revised by the Secretary of State to the detriment of a member of the armed forces only where the Secretary of State is satisfied that—

• (a) the award was made in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law; or

• (b) there has been any relevant change of circumstances since the award was made; or

• (c) the decision or assessment upon which the award was based has been revised under paragraph (4).

• (6) Subject to the provisions of paragraphs (4) and (5), on a review under this article, the Secretary of State may maintain or continue, vary or cancel the decision, assessment or award and any revised decision, assessment or award shall be such as may be appropriate having regard to the provisions of this Order.

• (7) Notwithstanding the provisions of paragraph (4), (5) and (6), where a decision accepting a claim for pension is revised, the Secretary of State may, if in any case he sees fit, continue any award based on that decision at a rate not exceeding that which may from time to time be appropriate to the assessment of the degree of disablement existing immediately before the date of the revision.

• (8) Where a member has attained the age of 65, paragraph (2)(b) shall not apply so as to enable an award of an allowance under article 15 to be reviewed on the ground that the rate of the member's earnings has, or would, in his regular occupation, have changed since the date of the award.

• (9) Subject to paragraphs (10), (11) and (12), paragraphs (1) to (7) shall not apply to any decision, assessment or award made in respect of or relating to the rate of pension or retired pay for the disablement or death of a member which is due to service before or during the 1914 World War.

• (10) A permanent pension or permanent retired pay granted under this Order in respect of service before the 1914 World War or under a 1919 to 1921 instrument may be reviewed by the Secretary of State where the person to whom the pension or retired pay has been granted claims that there has been a substantial increase in the extent of the disablement due to the original cause.

• (11) In respect of any disablement pension or retired pay under this Order in respect of service before the 1914 World War or under a 1919 to 1921 instrument the Secretary of State may at any time order a review of that pension or retired pay in any case where—

• (a) the pension or retired pay has, by error in interpretation or fact, been granted to a disabled member of the armed forces in excess of the amount appropriate to the degree of his disablement;

• (b) the Secretary of State has reason to believe that the pension or retired pay has been obtained by an improper means; or

• (c) the pension or retired pay has been granted by error.

• (12) Any decision rejecting a claim for a pension in respect of the death of a member which is due to service before or during the 1914 World War may be reviewed by the Secretary of State at any time on any ground and may be revised by him as may be appropriate having regard to the provisions of this Order.

PART VI — PAYMENT

Interpretation of Part VI

45

• (1) In articles 48 and 49—

• (a) “pension” includes any retired pay, pension, allowance, grant, other continuing benefit or lump sum payment payable under this Order or a 1919 to 1921 instrument; and

• (b) “gratuity” includes any gratuity payable under any of the instruments referred to in sub-paragraph (a).

• (2) In articles 47 and 50—

• (a) “pension” includes any retired pay, pension, allowance, other continuing benefit or lump sum payment payable under this Order; and

• (b) “gratuity” means any gratuity payable under this Order.

Commencing dates of awards

46

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

Payment of Pensions

47

• (1) The provisions of this article, other than paragraph (2), are subject to the provisions of article 48.

• (2) Payment of a pension may be made provisionally or upon any other basis.

• (3) Subject to paragraph (4), pension awarded in terms of a weekly amount may be paid weekly in advance and pension not awarded in such terms may be paid quarterly or monthly in arrears.

• (4) The Secretary of State may in any particular case or class of case determine that pension shall be paid in advance or in arrears or partly in advance and partly in arrears, and for a period different from that specified in paragraph (3).

• (5) Pension shall be paid by such means as appears to the Secretary of State to be appropriate in the circumstances of the case or class of case.

• (6) The Secretary of State may require such declaration from a person to whom payment of a pension or gratuity is to be made as he may from time to time consider necessary.

• (7) Where, by reason of any provision in any instrument which amends a provision of this Order—

• (a) a change falls to be made in the rate of any pension which, by virtue of the preceding provisions of this article, is payable weekly; and

• (b) the date on which that change would, but for this paragraph, fall to be made (“the prescribed date”) is not the day of the week on which payment of pension is normally made (“the weekly pay day”)

that change shall have effect only as from the first weekly pay day immediately following the prescribed date.

Direct credit transfer

48

• (1) The Secretary of State may direct in relation to any particular case or class of case that a pension shall be paid by way of automated or other direct credit transfer into a bank or other account—

• (a) in the name of the person entitled to the pension or a person acting on his behalf; or

• (b) in the joint names of the person entitled to the pension and his spouse or civil partner or the person entitled to the pension and a person acting on his behalf.

• (2) Pension paid in accordance with paragraph (1) shall be paid—

• (a) for periods of 4 weeks, or for such other periods as the Secretary of State may in any particular case or class of case determine;

• (b) within 7 days of the last day of each successive period determined in accordance with sub-paragraph(a); and

• (c) in advance, or in arrears, or partly in advance and partly in arrears, as the Secretary of State may in any particular case or class of case determine.

• (3) Where pension is payable in accordance with this article, the Secretary of State may make a particular payment by credit transfer otherwise than as provided in paragraph (2) if it appears to him to be appropriate to do so for the purpose of—

• (a) paying any arrears of pension; or

• (b) making a payment of pension at the termination of an award.

• (4) Payment of pension in accordance with this article may be terminated by the Secretary of State if the arrangement seems to him to be no longer appropriate to the particular case or class of case.

Administration of pensions etc.

49

• (1) A pension or gratuity awarded to or in respect of any person may be administered by the Secretary of State if that person—

• (a) has not attained the age of 18 years; or

• (b) is, in the opinion of the Secretary of State, incapable of managing his own affairs by reason of mental infirmity; or

• (c) is being maintained in an institution or hospital to which article 53 applies; or

• (d) is a person in whose case the award can be forfeited under article 57

or if, in any other case, the Secretary of State considers that it is in the interests of that person that it should be so administered.

• (2) A pension or gratuity which is being administered under this article may, in whole or in part as the Secretary of State thinks fit and at such times as he thinks fit—

• (a) be applied for the benefit of the person to or in respect of whom it has been awarded (“the beneficiary”); or

• (b) be paid to any person whom the Secretary of State considers a fit and proper person to apply the pension or gratuity for the benefit of the beneficiary.

Payment of public claims out of pensions

50

• (1) Where the Secretary of State is satisfied that—

• (a) a sum is due to the Crown, a Secretary of State, Minister or Government Department from a person to or in respect of whom a pension or gratuity may be or has been awarded; or

• (b) that an overpayment has been made to or in respect of any such person by the Crown, a Secretary of State, Minister or Government Department

the Secretary of State may deduct from the pension or gratuity such amounts not exceeding the amount of the sum or overpayment as he thinks fit and at such times as he thinks fit.

• (2) Where the Secretary of State deducts an amount from a pension or gratuity under paragraph (1), he shall apply the amount in or towards paying or repaying that sum or overpayment.

• (3) Where payment in respect of a pension payable under this Order or the Service Pensions Order 1983 is in arrears for any period and any one or more of the following, that is to say—

• (a) income support under the Social Security Contributions and Benefits Act 1992 or under the Income Support (Transitional) Regulations 1987 ;. . .

• (aa) employment and support income-related allowance under Part 1 of the Welfare Reform Act 2007; . . .

• (ab) universal credit under Part 1 of the Welfare Reform Act 2012; or

• (ac) universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015; or

• (b) any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to income support under the 1992 Act, . . . the Income Support (Transitional) Regulations 1987 , or the Welfare Reform Act 2007

has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in subparagraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1), and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority administering the benefit or as the case may be income support.

PART VII — REDUCTION AND CANCELLATION OF AWARDS

Interpretation of Part VII

51

• (1) In articles 52, 56, 57 and 60—

• (a) “pension” means any retired pay, pension, allowance, grant or other continuing benefit under this Order or a 1919 to 1921 instrument; and

• (b) “gratuity” includes any gratuity payable under any of the instruments referred to in subparagraph(a).

• (2) In articles 54, 55, 61, 62, 63, 64, 65 and 66—

• (a) “pension” means any retired pay, pension, allowance or other continuing benefit under this Order; and

• (b) “gratuity” means any gratuity under this Order.

• (3) In articles 52, 57 and 59, “pension” includes a lump sum payment under this Order.

Adjustment of awards in respect of other compensation

52

• (1) Where the Secretary of State is satisfied that—

• (a) compensation has been or will be paid to or in respect of a person to or in respect of whom a pension or gratuity is being or may be paid; or

• (b) that any compensation which has been or will be paid will benefit such a person

the Secretary of State may take the compensation into account against the pension or gratuity in such manner and to such extent as he thinks fit and may withhold or reduce the pension or gratuity accordingly.

• (2) Where the Secretary of State considers that it is by reason of some act or omission by or on behalf of a person to or in respect of whom a pension or gratuity is being or may be paid that—

• (a) there is no compensation to be taken into account against that pension or gratuity under paragraph (1); or

• (b) the amount of compensation to be taken into account against that pension or gratuity is less than it would otherwise have been; and

• (c) the Secretary of State is of the opinion that such act or omission was unreasonable

the Secretary of State may assess the amount of the compensation which, in his opinion, would have fallen to be taken into account but for such act or omission, and may, for the purpose of paragraph (1), treat that amount as if it were compensation which could be taken into account under that paragraph.

• (3) In this article “compensation” means—

• (a) any periodical or lump sum payment in respect of the disablement or death of any person, or in respect of any injury, disease or incapacity sustained or suffered by any person, being a payment—

• (i) for which provision is made by or under any enactment, Order in Council (including this Order), Warrant, Order, scheme, ordinance, regulation or other instrument; or

• (ii) which is recoverable as damages at common law; or

• (b) any periodical or lump sum payment which, in the opinion of the Secretary of State, is recoverable or payable—

• (i) under any enactment, scheme, ordinance, regulation or other instrument whatsoever promulgated or made in any place outside the United Kingdom, or

• (ii) under the law of any such place

and is analogous to any payment falling within subparagraph (a) of this paragraph; or

• (c) any periodical or lump sum payment made in settlement or composition of, or to avoid the making of, any claim to any payment falling within subparagraph (a) or (b) of this paragraph, whether liability on any such claim is or is not admitted.

Maintenance in hospital or an institution

53

• (1) Subject to paragraph (3), the Secretary of State shall withhold constant attendance allowance and severe disablement occupational allowance 4 weeks after the date on which the person to whom either allowance is awarded becomes a person described in paragraph (2).

• (2) Paragraph (1) applies to a person who—

• (a) is receiving or has received or is regarded as receiving or having received free in-patient treatment; or

• (b) is being or has been maintained in an institution—

• (i) which is supported wholly or partly out of public funds, or

• (ii) in which he is being maintained pursuant to arrangements made by the Secretary of State

otherwise than for the purpose of undergoing medical or other treatment.

• (3) For the purposes of paragraph (2), any separate periods of time spent as set out in paragraph (2) shall be treated as a continuous period of time where there is less than 28 days between each such period and for this purpose periods of time spent as set out in paragraph (2) before 9th April 2001 may be aggregated with periods so spent after that date.

• (4) In this article, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient—

• (a) in a hospital or similar institution under the National Health Service Act 1977, the National Health Service (Scotland) Act 1978, the National Health Service and Community Care Act 1990, or any corresponding enactment having effect in Northern Ireland; or

• (b) in a hospital or similar institution maintained or administered by the Defence Council.

• (5) In this article a person shall be regarded as being maintained free of charge in a hospital or similar institution unless—

• (a) his accommodation and services are provided under—

• (i) section 65 of the National Health Service Act 1977 ,

• (ii) section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978

• (iii) paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990 , or

• (iv) any corresponding enactment having effect in Northern Ireland; or

• (b) unless he is paying or has paid for any period, in respect of his maintenance, charges which are designed to cover the whole cost of the accommodation or services (other than services by way of treatment) provided for him in the hospital or similar institution for that period.

Chelsea pensioners

54

Where a member of the armed forces is, in the case of members of the Naval or Air Forces by virtue of previous service in the military forces, admitted to Chelsea Hospital as an in-pensioner, his pension shall cease but may be restored in the event of his leaving that Hospital.

Children whose maintenance is otherwise provided for

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abatement of awards of social security benefits

56

• (1) Where a pension is awarded to or in respect of a person for any past period for which benefit under an Act referred to in paragraph (3) has also been paid to or in respect of that person (“the relevant period”), the amount of pension awarded may be abated by an amount calculated in accordance with paragraph (2).

• (2) The amount referred to in paragraph (1) is the amount by which the amount of benefit paid during the relevant period exceeds the amount of benefit which would have been payable if the pension had been paid at the same time as the benefit.

• (3) The Acts referred to in paragraph (1) are—

• (a) the National Insurance Act 1965;

• (b) any legislation in Northern Ireland corresponding to that Act;

• (c) Parts II to VII of the Social Security Contributions and Benefits Act 1992;

• (d) the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• (e) Part I of the Jobseekers Act 1995

• (f) Part 1 of the Welfare Reform Act 2007.

• (g) the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007.

• (h) Part 4 of the Welfare Reform Act 2012;

• (ha) the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015;

• (i) Part 1 of the Welfare Reform Act 2012;

• (j) the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015.

• (k) Part 2 of the Social Security (Scotland) Act 2018.

Forfeiture of pensions etc.

57

• (1) Where a person to or in respect of whom a pension or gratuity may be or has been awarded in respect of death or disablement due to service—

• (a) is, in pursuance of a sentence or order of a Court upon his being found guilty of an offence, serving a term of imprisonment or detention or is detained in a young offender institution or, in Scotland, a young offenders institution or, in Northern Ireland, a young offenders centre; or

• (b) is, under any enactment deported from, required to leave, or prohibited from entering the United Kingdom or the Isle of Man, or is a person whose certificate of naturalisation has been revoked

the Secretary of State may withhold the award of the pension or gratuity or, if it has been awarded, may direct that it shall be forfeited as from such date (including past date) as he may think fit.

• (2) Where the Secretary of State is satisfied that a dependant will suffer hardship where a pension is withheld or forfeited under paragraph (1), the Secretary of State may pay, with the pensioner's consent, up to half of the pension awarded under article 6 to the pensioner's spouse, the pensioner's civil partner, an unmarried dependant of the pensioner, a dependant of the pensioner who has not formed a civil partnership or to anyone lawfully entitled to give a good receipt in respect of monies payable to the pensioner's dependant.

• (3) When paragraph (1) ceases to apply, the Secretary of State may award to the pensioner a sum not exceeding an amount calculated by reference to the number of weeks for which the pension was withheld or forfeited under paragraph (1), or 52 weeks, whichever is the lesser, and after the deduction of any amount paid under paragraph (2).

Refusal of treatment

58

• (1) Where—

• (a) the Secretary of State is satisfied that a member of the armed forces should in his own interests receive medical, surgical or rehabilitative treatment for a disablement which is due to service and in respect of which a pension may be or has been awarded to him; and

• (b) the member refuses or neglects to receive the treatment

the Secretary of State may, if he considers that such refusal or neglect is unreasonable, reduce any pension in respect of the member's disablement by such an amount, not exceeding one-half of any such pension, as he thinks fit.

• (2) For the purpose of this article—

• (a) any misconduct on the part of the member which, in the opinion of the Secretary of State, renders it necessary for any treatment which he is receiving to be discontinued, may be treated as a refusal of the member to receive the treatment;

• (b) “pension” means retired pay or pension under article 14 of this Order, under Article 1 or 3 of the 1920 Order in Council, of the 1921 (Warrant Officers) Order, of the 1919 Warrant or of the 1920 Order, or under article 1, 3, 23 or 23C of the 1921 (Officers) Order, of the 1920 Warrant or of the 1921 Order.

Serious negligence or misconduct

59

The Secretary of State may withhold, cancel or reduce any award which may be or has been made under this Order in respect of the disablement or death of a member of the armed forces in any case in which the injury or the death on which the claim to the award is based was caused or contributed to by the serious negligence or misconduct of the member.

Failure to draw pension

60

• (1) Where a person fails to draw his pension for a continuous period of not less than 12 months the award shall be cancelled and payment of any arrears shall be withheld.

• (2) The Secretary of State may, in any particular case, make such further award as may be appropriate, and may pay the arrears in whole or in part.

Suspension in individual cases – Pensions Appeal Tribunal

61

• (1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of an appropriate tribunal, he may, subject to paragraph (2), direct that payment of a pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.

• (2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.

• (3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.

• (4) Subject to paragraph (5), where the pensioner has been given notice within the relevant period that an application for leave to appeal against a decision of an appropriate tribunal has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.

• (5) Where an application for leave to appeal against a decision of an appropriate tribunal is made to an appropriate tribunal and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of the appropriate tribunal refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.

• (6) Where, on an appeal against a decision of an appropriate tribunal, a Commissioner or the Upper Tribunal, as the case may be remits the matter for rehearing and determination by an appropriate tribunal, the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.

• (7) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.

• (8) In this article—

• (a) “appeal” means an appeal under section 6A of the Pensions Appeal Tribunals Act 1943 or, as the case may be, section 11 of the Tribunals, Courts and Enforcement Act 2007 (c.15);

• (b) “ application for leave to appeal ” means an application for leave under section 6A(6) of the Pensions Appeal Tribunals Act 1943 or, as the case may be, section 11 of the Tribunals, Courts and Enforcement Act 2007;

• (ba) “ appropriate tribunal ” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943;

• (c) “a Commissioner” means . . . a Northern Ireland Social Security Commissioner and includes a tribunal of Commissioners constituted under section 6D(5) of the Pensions Appeal Tribunals Act 1943

• (d) “relevant period” means the period of six weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension – Social Security Commissioner

62

• (1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a Commissioner under section 6C of the Pensions Appeal Tribunals Act 1943 or, as the case may be, the Upper Tribunal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15), he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.

• (2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.

• (3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given or sent notice in writing that an application for leave to appeal has been made against that decision.

• (4) Where the pensioner has been given or sent notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.

• (5) Where an application for leave to appeal against a decision of a Commissioner is made under section 6C of the Pensions Appeal Tribunals Act 1943 or, as the case may be, the Upper Tribunal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15) and that application is refused, the suspension shall cease unless the Secretary of State, within the period of 28 days beginning with the date on which notice in writing of the decision under that section refusing leave to appeal is received by him, applies to the appropriate court for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal has been determined.

• (6) In this article—

• (a) “appeal” means an appeal under section 6C of the Pensions Appeal Tribunals Act 1943 or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15);

• (b) “application for leave to appeal” means an application for leave to appeal under section 6C(2) of the Pensions Appeal Tribunals Act 1943 or an application for permission to appeal under section 13(4) of the Tribunals, Courts and Enforcement Act 2007 (c.15);

• (c) “appropriate court” means—

• (i) in England, Wales and Northern Ireland, the Court of Appeal or, in Scotland, the Inner House of the Court of Session,

• (ii) the House of Lords;

• (d) “relevant period” means the period of 6 weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State;

• (e) “a Commissioner” has the same meaning as in article 61.

Suspension in individual cases – courts

63

• (1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a court, he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.

• (2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.

• (3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for permission to appeal has been made against that decision.

• (4) Where the pensioner has been given notice within the relevant period that an application for permission to appeal has been made, the suspension may continue until that application for permission to appeal and any subsequent appeal is determined.

• (5) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.

• (6) In this article—

• (a) “appeal” means

• (i) in England, Wales and Northern Ireland an appeal to the Court of Appeal or, in Scotland, a reclaiming motion to the Inner House of the Court of Session, against the determination of an application for judicial review,

• (ii) in England, Wales and Northern Ireland an appeal to the House of Lords against a decision of the Court of Appeal in an application referred to in head (i) above, or in Scotland, an appeal to the House of Lords against a decision of the Inner House of the Court of Session in a reclaiming motion in an application referred to in head (i) above;

• (b) “application for permission to appeal” means an application or petition for permission to appeal as the case may be in the proceedings referred to in heads (i) and (ii) of subparagraph (a) above;

• (c) “relevant period” means the period of three months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension in other cases

64

• (1) Where it appears to the Secretary of State that—

• (a) an appeal has been brought or a question arises whether an appeal ought to be brought against a decision of a court in relation to a case (“the primary case”); and

• (b) if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of pension or gratuity in that case ought to be reviewed

he may direct that payment of the pension or gratuity under the award in the secondary case be suspended, in whole or in part—

• (i) until the time limit for making an application for permission to appeal in the primary case has expired, or

• (ii) if such an application is made, until such time as that application and any subsequent appeal has been determined, whichever is the later.

• (2) In this article the expressions “appeal” and “application for leave to appeal” have the same meanings as they have in article 61.

Suspension – failure to comply with request or pensioner not at last known address

65

• (1) Where it appears to the Secretary of State that a decision on an award of a pension, gratuity or supplement (“the award”) should be reviewed under article 44, he may, by notice in writing—

• (a) require the person awarded the pension, gratuity or supplement (“the pensioner”) to provide, within the period of 3 months starting with the date on which the notice is given or sent to the pensioner, such information or evidence which is reasonably required to determine whether the award should be revised; or

• (b) advise the pensioner that he will be required to attend for a medical examination at a time and place to be appointed.

• (2) Where it appears to the Secretary of State that a pensioner may no longer be resident at the last address notified to him, he may, by notice in writing, require the pensioner to provide satisfactory evidence of his current residential address and to do so within the period of 3 months starting with the date on which the notice is given or sent to the pensioner.

• (3) The Secretary of State may suspend payment of the award if the pensioner fails—

• (a) to provide the information or evidence required under paragraph (1)(a) within the time specified in that subparagraph;

• (b) to attend for a medical examination at the appointed time and place pursuant to paragraph (1)(b); or

• (c) to provide the information or evidence required under paragraph (2) within the time specified in that paragraph

in all cases without supplying a satisfactory explanation for the failure and such suspension shall take effect from the date on which the notice referred to in paragraph (4) is given or sent.

• (4) If the Secretary of State suspends payment of the award, he shall notify the pensioner in writing of the decision to suspend, which notification shall inform the pensioner—

• (a) that the award has been suspended;

• (b) of the reasons for the decision to suspend; and

• (c) that his award may be cancelled in the circumstances described in article 66.

• (5) Where, within the period of 12 months beginning with the date on which a notice such as is referred to in paragraph (1) or paragraph (2) was given or sent—

• (a) the pensioner complies with the requirements contained in any such notice; or

• (b) the Secretary of State, by notice in writing, informs the pensioner that it is no longer necessary for him to provide the information or to attend the medical examination

the suspension shall cease with effect from the date specified in paragraph (6).

• (6) The date of cessation of suspension shall be the date on which—

• (a) the pensioner complies with the requirement (or where there is more than one requirement the date on which the pensioner has complied with the last outstanding requirement); or

• (b) the date on which the notice referred to at paragraph (5)(b) was given or sent.

• (7) On cessation of the suspension, the award shall be paid in accordance with paragraph 1(8) of Schedule 3.

Cancellation – failure to comply with request

66

• (1) Where a pensioner whose award has been suspended under article 65(3) does not, within the period of 12 months beginning with date on which the notice referred to in article 65(1) or (2) is given or sent to him, comply with a requirement to supply information or evidence or to attend for a medical examination the Secretary of State shall cancel that award.

• (2) A pensioner whose award has been cancelled under paragraph (1) may make a further claim in respect of the matters which gave rise to that award.

• (3) The Secretary of State shall send written notification of the cancellation of the award, which shall inform the pensioner—

• (a) that the award has been cancelled;

• (b) of the reasons for such cancellation; and

• (c) that he may make a further claim for the award in question in accordance with paragraph (2).

• (4) Where a pensioner makes a further claim under paragraph (2), the award shall, if the conditions specified in paragraph (5) are satisfied, be paid in accordance with paragraph 1(9) of Schedule 3.

• (5) The conditions referred to in paragraph (4) are that—

• (a) the pensioner has supplied the information or evidence required in a notice given or sent under article 65(1)(a) or article 65(2); or

• (b) the pensioner has attended for a medical examination as required by the Secretary of State; or

• (c) the Secretary of State, by notice in writing, has informed the pensioner that it is no longer necessary for him to supply the information or evidence referred to in subparagraph (a) above, or to attend the medical examination referred to in subparagraph (b) above.

PART VIII — MISCELLANEOUS PROVISIONS

Invalidity of assignments

67

Any assignment or charge, and any agreement to assign or charge any pension, retired pay, allowance, gratuity or lump sum payment which may be or has been awarded under this Order shall be void, and, on the bankruptcy of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or person acting on behalf of the creditors.

Posthumous awards

68

• (1) Where, after making a claim for an award of retired pay or a pension under Part II or Part III of this Order, the claimant dies either—

• (a) before an award has been made; or

• (b) where an appeal has been made under the Pensions Appeal Tribunal Act 1943, before the appeal has been determined

the Secretary of State may, notwithstanding the claimant's death, make an award in accordance with the provisions of this Order.

• (1A) Where the claimant has made an election for an award of a diffuse mesothelioma lump sum and dies before the lump sum is paid, the Secretary of State may, notwithstanding the claimant’s death, make the payment in accordance with the provisions of this Order.

• (2) Any such award shall be made to the designated person whose receipt shall be a good discharge to the Secretary of State for any award or payment so made in respect of that claim.

• (3) No such award shall be made in respect of any period after the claimant's death.

• (4) For the purposes of this article, where there is no grant of probate or letters of administration or other proof of title in respect of a deceased claimant's estate, the expression “personal representatives” means the person or persons appearing to the Secretary of State to be beneficially entitled to the estate of the deceased claimant.

• (5) In this article—

• (a) “claimant” means a person who has made a claim for a pension or an election for an award of a diffuse mesothelioma lump sum under the Order;

• (b) “designated person” means the person who, after due enquiry, appears to the Secretary of State to be—

• (i) the claimant's surviving spouse or surviving civil partner, or if it appears to the Secretary of State that there is no such person,

• (ii) the claimant's dependant who lived as a spouse or ... civil partner, or if it so appears that there are no such persons,

• (iii) the claimant's children, or if it so appears that there are no such persons,

• (iv) the claimant's parents, or if it so appears that there are no such persons,

• (v) the claimant's other dependants, or if it so appears that there are no such persons,

• (vi) the claimant's personal representatives;

• (c) “pension” means any retired pay, pension, allowance or other continuing benefit under this Order.

Power to dispense with probate

69

• (1) Where a person to whom any payment referred to in paragraph (2) could have been made before his death, dies before the payment is made, the amount unpaid may—

• (a) be paid to the personal representative or, in Scotland, the executor of the deceased person, without probate, confirmation or other proof of title; or

• (b) may be paid or distributed to or among the persons appearing to the Secretary of State to be the persons beneficially entitled to the personal estate of the deceased person; or

• (c) in Scotland may be paid or distributed to or among the persons entitled to the moveable estate of the deceased person; or

• (d) to or among any one or more of those persons.

• (2) The payments referred to in paragraph (1) are payments under—

• (a) this Order;

• (b) a 1919 to 1921 instrument;

• (c) the Naval and Marine (Widows Attributable Awards) Order 1994;

• (d) the Naval and Marine Pay and Pensions (Disablement Awards) Order 1994;

• (e) Appendix VII to the Army Pay Warrant; or

• (f) Appendix 34 to the Queen's Regulations for the Royal Air Force.

• (3) In determining the persons to whom and the proportions in which the amount unpaid shall be paid or distributed under paragraph (1), the Secretary of State may have regard to any payments made or expenses incurred by any such person for or on account of the funeral of the deceased person.

• (4) Paragraph (1) does not apply if the amount unpaid exceeds £5,000.

• (5) Where a deceased person has died intestate and he was, or any child of his was or is, illegitimate, the deceased person and any such child shall, for the purposes of this article, be treated as legitimate.

Transferred powers

70

Nothing contained in this Order shall prejudice or affect any power transferred to the Secretary of State under section 1 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 .

Revocations, general and transitory provisions

71

• (1) Schedule 4 (which contains transitory provisions) shall have effect.

• (2) Subject to the provisions of Schedule 4 and of the following provisions of this article the instruments specified in Schedule 5 are hereby revoked.

• (3) Where, immediately before the date on which this Order comes into force—

• (a) a person is entitled to receive retired pay, a pension, an allowance, a supplement or an addition under a 1919 to 1921 instrument or an instrument revoked by a 1964 instrument (“the relevant benefit”); and

• (b) the relevant benefit is, by virtue of article 72(2) of the Service Pensions Order 1983, paid at the rate specified in a provision of Schedule 1 or Schedule 2 to that Order which corresponds to a provision of Schedule 2, 4 or 6 to that 1964 instrument

the relevant benefit shall, after the coming into force of this Order, be paid at the rate specified in a provision of Schedule 1 or Schedule 2 to this Order which corresponds to a provision of Schedule 2, 4 or 6 to that 1964 instrument.

• (4) Where, immediately before this Order comes into force, a person is entitled to receive constant attendance allowance under article 14 of the Service Pensions Order 1983 as a result of a decision to award that allowance made before 9th April 2001, the allowance shall, after the coming into force of this Order, be paid at the rate specified in—

• (a) paragraph 1(b)(i) of Part IV of Schedule 1 where the allowance had, immediately before the coming into force of this Order, been paid under article 14(1)(a) of the Service Pensions Order 1983; and

• (b) paragraph 1(b)(ii) of Part IV of Schedule 1 where the allowance had, immediately before the coming into force of this Order, been paid under article 14(1)(b) of the Service Pensions Order 1983.

• (5) Anything done or begun under a provision of the Service Pensions Order 1983 which has been re-enacted under this Order shall be treated as having been done or begun under the corresponding provision of this Order.

• (6) No award already made to or in respect of any person under any previous Order or Warrant concerning pensions or other benefit in respect of disablement or death due to service shall, by virtue only of the coming into force of this Order, be re-assessed to that person's disadvantage.

• (7) The provisions of this Order are subject to the provisions of the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 13th June 1922 and each of those instruments shall have effect as though this Order were specified in it.

• (8) Any relevant provision of this Order shall apply to any case where the disablement or death of a member of the armed forces was due to service before 6th April 2005 whether or not an award has been made under the Service Pensions Order 1983 or any instrument preceding that Order concerning pensions or other benefits in respect of disablement or death due to service.

• (9) Any reference in a certificate issued under section 10 of the Crown Proceedings Act 1947 (provisions relating to the armed forces) to an instrument revoked by the Service Pensions Order 1978 or by the Service Pensions Order 1983 shall be construed as including, in so far as appropriate in any particular case, a reference to this Order.

SCHEDULE 1 — DISABLEMENT DUE TO SERVICE IN THE ARMED FORCES

PART I — GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS

1

In this Schedule—

• (a) references to a Group shall be construed as references to those members of the armed forces who hold the rank or status listed under that Group; and

• (b) the amount of any award in respect of that Group is that amount shown in the following Parts of this Schedule against that Group.

2

The Groups referred to in the foregoing paragraph comprise:—

GROUP1:—
Royal Navy	Rear-Admiral
Royal Marines	Major-General
Army	Major-General Chief Controller
RAF	Air Vice-Marshal
GROUP 2:—
Army	Brigadier-General
RAF	Air Commodore disabled as a result of service during the 1914 World War
>GROUP 3:—
Navy	Commodore 1st or 2nd Class Captain with 6 or more years seniority whose service terminated on or after 1st April 1970.
Royal Marines	Colonel-Commandant Colonel whose service terminated on or after 1st April 1970.
WRNS	Commandant Member with status of Commodore
Army	Brigadier Senior Controller Member with status of Brigadier
RAF	Air Commodore Air Commandant Member with status of Air Commodore
GROUP 4:—
Navy	Captain of less than 6 years seniority or whose service terminated before 1st April 1970.
Royal Marines	Colonel 2nd Commandant Colonel whose service terminated before1st April 1970 Lieutenant-Colonel and corresponding ranks, Temporary Marine Officer relinquishing commission etc. prior to 1st April 1919 to be included in Group 5
WRNS	Superintendent Member with status of Captain RN
Army	Colonel Controller Member with status of Colonel
RAF	Group Captain Group Officer Member with status of Group Captain
GROUP 5:—
Navy	Commander
Royal Marines	Major and corresponding ranks, Temporary Marine Officer relinquishing commission etc. prior to 1st April 1919 to be included in Group 6
WRNS	Chief Officer Member with status of Commander RN
Army	Lieutenant-Colonel Chief Commander Member with status of Lieutenant-Colonel
RAF	Wing Commander Wing Officer Member with status of Wing Commander
GROUP 6:—
Navy	Lieutenant-Commander
Royal Marines	Captain and corresponding ranks, Temporary Marine Officer relinquishing commission etc. prior to 1st April 1919, to be included in Group 7
WRNS	First Officer Member with status of Lieutenant-Commander RN
Army	Major Senior Commander Member with status of Major
RAF	Squadron Leader Squadron Officer Member with status of Squadron Leader
GROUP 7:—
Navy	Lieutenant
Royal Marines	Lieutenant with 4 years commissioned service or over
WRNS	Second Officer Member with status of Lieutenant RN
Army	Captain Junior Commander Member with status of Captain
RAF	Flight Lieutenant Flight Officer Member with status of Flight Lieutenant
GROUP 8:–
Navy	Sub-Lieutenant Acting Sub-Lieutenant Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant Rank Midshipman (A) Midshipman or Cadet where service terminated on or after 1st January 1957
Royal Marines	Lieutenant with under 4 years commissioned service 2nd Lieutenant Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant Rank and corresponding ranks
WRNS	Third Officer Woman member with status below Lieutenant RN
Army	Lieutenant (Quartermasters, Assistant Pay Masters and Inspectors of Army Stores) Second Lieutenant Subaltern Second Subaltern Member with status below Captain
RAF	Flying Officer Pilot Officer Acting Pilot Officer Section Officer Assistant Section Officer Member with status below Flight Lieutenant
GROUP 9:–
Navy	Commissioned Officer (Branch List) Warrant Officer Midshipman Cadet after completion of shore training where, in the case of any of these ranks, service terminated before 1st January 1957. Naval Cadet (Serving with the Fleet)
Royal Marines	Commissioned Officer (Branch List) Warrant Officer and corresponding ranks
GROUP 10:–
Navy	Fleet Chief Petty Officer Fleet Chief Wren Member of a Voluntary Aid Detachment serving as an uncertificated Nurse Grade 1
Royal Marines	Regimental Sergeant-Major
Army	Warrant Officer Class 1
RAF	Warrant Officer Airman Class A Member of a Voluntary Aid Detachment serving as an uncertificated Nurse Grade 1
GROUP 11:–
Royal Marines	Quartermaster Sergeant
Army	Warrant Officer Class II Non-Commissioned Officer Class I
RAF	Warrant Officer 2nd Class Airman Class B
GROUP 12:–
Navy	Chief Petty Officer Chief Wren
Royal Marines	Colour Sergeant
Army	Staff Sergeant Non-Commissioned Officer Class II
RAF	Flight Sergeant Airman Class C
GROUP 13:–
Navy	Petty Officer Petty Officer Wren
Royal Marines	Sergeant
Army	Sergeant Non-Commissioned Officer Class III
RAF	Sergeant Airman Class D
GROUP 14:–
Navy	Leading Rating Leading Wren
Royal Marines	Corporal
Army	Corporal Non-Commissioned Officer Class IV
RAF	Corporal Airman Class E
GROUP 15:–
Navy	A B Rating Ordinary Rating Boy Wren
Royal Marines	Marine
Army	Private etc. Class V
RAF	Senior Aircraftman Leading Aircraftman Aircraftsman Airman Class F Senior Aircraftwoman Leading Aircraftwoman Aircraftwoman

PART II — RATES OF RETIRED PAY, PENSIONS, GRATUITIES AND ALLOWANCES

Degree of Disablement	Weekly Rate	Yearly Rate
Per Cent	£	£
100	239.00	12,471.00
90	215.10	11,224.00
80	191.20	9,977.00
70	167.30	8,730.00
60	143.40	7,483.00
50	119.50	6,236.00
40	95.60	4,988.00
30	71.70	3,741.00
20	47.80	2,494.00

PART III — GRATUITIES PAYABLE FOR MINOR INJURIES

Description of Injury	Description of Injury	Assessments	Groups 1-15
For the loss of	For the loss of	Per cent	£
A. FINGERS
	Index finger—
	More than 2 phalanges including the loss of whole finger	14	11,366.00
	More than 1 phalanx but not more than 2 phalanges	11	9,093.00
	1 phalanx or part thereof	9	7,576.00
	Guillotine amputation of tip without loss of bone	5	4,533.00
	Middle Finger—
	More than 2 phalanges including the loss of whole finger	12	9,845.00
	More than 1 phalanx but not more than 2 phalanges	9	7,576.00
	1 phalanx or part thereof	7	6,057.00
	Guillotine amputation of tip without loss of bone	4	3,784.00
	Ring or little finger—
	More than 2 phalanges including the loss of whole finger	7	6,057.00
	More than 1 phalanx but not more than 2 phalanges	6	5,311.00
	1 phalanx or part thereof	5	4,533.00
	Guillotine amputation of tip without loss of bone	2	2,270.00
B. TOES
	Great toe—
	Through metatarso-phalangeal joint	14	11,366.00
	Part, with some loss of bone	3	3,022.00
	1 other toe—
	Through metatarso-phalangeal joint	3	3,022.00
	Part, with some loss of bone	1	1,522.00
	2 toes excluding great toe—
	Through metatarso-phalangeal joint	5	4,533.00
	Part, with some loss of bone	2	2,270.00
	3 toes, excluding great toe—
	Through metatarso-phalangeal joint	6	5,311.00
	Part, with some loss of bone	3	3,022.00
	4 toes, excluding great toe—
	Through metatarso-phalangeal joint	9	7,576.00
	Part, with some loss of bone	3	3,022.00
Assessment of degree of disablement	Assessment of degree of disablement	Assessment of degree of disablement	Assessment of degree of disablement
---	---	---	---
Groups 1-15	1 to 5 per cent	6 to 14 per cent	15 to 19 per cent
Groups 1-15	£3,801	£8,449	£14,777

PART IV

1

Constant attendance allowance—

• (a) under article 8—

2

Exceptionally severe disablement allowance under article 9

3

Severe disablement occupational allowance under article 10

4

Allowance for wear and tear of clothing under article 11

5

Unemployability allowances—

6

Invalidity allowance under article 13—

7

Comforts allowance—

8

Allowance for lowered standard of occupation under article 15

9

Age allowance under article 16 where the degree of pensioned disablement is—

10

Part-time treatment allowance under article 19

11

Mobility supplement under article 20

PART V — ASSESSMENT OF DISABLEMENT CAUSED BY SPECIFIED INJURIES AND OF CERTAIN OTHER DISABLEMENTS

Note:– Where the scheduled assessment for a specified injury involving multiple losses differs from the sum of the assessments for the separate injuries, the former is the appropriate assessment.	Note:– Where the scheduled assessment for a specified injury involving multiple losses differs from the sum of the assessments for the separate injuries, the former is the appropriate assessment.
Description of Injury	Assessment
Amputation Cases – Upper Limbs	per cent
Loss of both hands or amputation at higher sites	100
Forequarter amputation	100
Amputation through shoulder joint	90
Amputation below shoulder with stump less than 20.5 centimetres from tip of acromion	80
Amputation from 20.5 centimetres from tip of acromion to less than 11.5 centimetres below tip of olecranon	70
Amputation from 11.5 centimetres below tip of olecranon	60
Loss of thumb	30
Loss of thumb and its metacarpal bone	40
Loss of 4 fingers	50
Loss of 3 fingers	30
Loss of 2 fingers	20
Loss of terminal phalanx of thumb	20
Amputation Cases – Lower Limbs	per cent
Double amputation through thigh, or through thigh on one side and loss of other foot, or double amputation below thigh to 13 centimetres below knee	100
Double amputation through leg lower than 13 centimetres below knee	100
Amputation of one leg lower than 13 centimetres below knee and loss of other foot	100
Amputation of both feet resulting in end-bearing stumps	90
Amputation through both feet proximal to the metatarso-phalangeal joint	80
Loss of all toes of both feet through the metatarso-phalangeal joint	40
Loss of all toes of both feet proximal interphalangeal joint	30
Loss of all toes of both feet distal to the proximal interphalangeal joint	20
Hindquarter amputation	100
Amputation through hip joint	90
Amputation below hip with stump not exceeding 13 centimetres in length measured from tip of great trochanter	80
Amputation below hip and above knee with stump exceeding 13 centimetres in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump	70
Amputation at knee resulting in end-bearing stump, or below knee with stump not exceeding 9 centimetres	60
Amputation below knee with stump exceeding 9 centimetres but not exceeding 13 centimetres	50
Amputation below knee with stump exceeding 13 centimetres	40
Amputation of one foot resulting in end-bearing stump	30
Amputation through one foot proximal to the metatarso-phalangeal joint	30
Loss of all toes of one foot proximal to the proximal interphalangeal joint, including amputations through the metatarso-phalangeal joint.	20
Other Specific Injuries	per cent
Loss of a hand and a foot	100
Loss of one eye, without complications, the other being normal	40
Loss of vision of one eye, without complications or disfigurement of the eyeball, the other being normal	30
Loss of sight	100
Other Disablements	per cent
Very severe facial disfigurement	100
Absolute deafness	100
Mesothelioma	100

PART VI — ASSESSMENT OF DISABLEMENT IN RESPECT OF NOISE INDUCED SENSORINEURAL HEARING LOSS

Average of hearing losses (db) at 1,2and 3 kHz frequencies	Degree of Disablement
	per cent
50 – 53 dB	20
54 – 60 dB	30
61 – 66 dB	40
67 – 72 dB	50
73 – 79 dB	60
80 – 86 dB	70
87 – 95 dB	80
96 – 105 dB	90
106 dB or more	100

SCHEDULE 2 — DEATH DUE TO SERVICE IN THE ARMED FORCES

PART I — GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS

1

In this Schedule—

• (a) references to a Group shall be construed as references to those members of the armed forces who held the rank or status listed under that Group; and

• (b) the amount of any award in respect of that Group is the amount shown in the following Parts of this Schedule against that Group.

2

The Groups referred to in the foregoing paragraph comprise:—

GROUP 1:—
Royal Navy	Admiral of the Fleet
Army	Field Marshal
Royal Air Force	Marshal of the Royal Air Force
GROUP 2:—
Royal Navy	Admiral
Royal Marines	General
Army	General
Royal Air Force	Air Chief Marshal
GROUP 3—
Royal Navy	Vice-Admiral
Royal Marines	Lieutenant-General
Army	Lieutenant-General
Royal Air Force	Air Marshal
GROUP 4—
Royal Navy	Rear-Admiral
Royal Marines	Major-General
Army	Major-General
Royal Air Force	Air Vice-Marshal
GROUP 5:—
Royal Navy	Commodore Commodore 1st or 2nd Class Captain with 6 or more years seniority whose service terminated on or after 1st April 1970
Royal Marines	Brigadier-General Colonel-Commandant Colonel whose service terminated on or after 1st April 1970
Army	Brigadier-General Brigadier
Royal Air Force	Air Commodore
GROUP 6—
Royal Navy	Captain where death is due to service in the Navy during the 1914 World War Captain of less than 6 years seniority or whose service terminated before 1st April 1970
Royal Marines	Colonel: where death is due to service in the Army during the 1914 World War, Colonel means a Colonel who has been employed as a substantive Colonel if a combat officer, or in the rank of Colonel if a medical, veterinary or departmental officer Colonel 2nd Commandant Colonel whose service terminated before 1st April 1970 Lieutenant-Colonel
Army	Colonel: where death is due to service in the Army during the 1914 World War, Colonel means a Colonel who has been employed as a substantive Colonel if a combat officer, or in the rank of Colonel if a medical, veterinary or departmental officer
Royal Air Force	Group Captain
GROUP 7:—
Royal Navy	Commander
Royal Marines	Major
Army	Lieutenant-Colonel including a Colonel not employed as such where death is due to service in the Army during the 1914 World War
Royal Air Force	Wing Commander
GROUP 8:—
Royal Navy	Lieutenant-Commander
Royal Marines	Captain
Army	Major
Royal Air Force	Squadron Leader
GROUP 9:—
Royal Navy	Lieutenant
Royal Marines	Lieutenant with 4 years commissioned service or over
Army	Captain
Royal Air Force	Flight Lieutenant
GROUP 10:—
Royal Navy	Sub-Lieutenant Acting Sub-Lieutenant Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant rank Midshipman (A) and, where service terminated on or after 1st January 1957, Midshipman or Cadet
Royal Marines	Lieutenant with less than 4 years commissioned service 2nd Lieutenant Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant rank Quartermaster
Army	Lieutenant and where death is due to service in the Army during the 1914 World War, Quartermasters, Assistant Paymasters and Inspectors of Army Schools, not holding permanent commissions in the Regular Forces may be treated as Lieutenants 2nd Lieutenant
Royal Air Force	Flying (or Observer) Officer Pilot Officer Acting Pilot Officer
GROUP 11:—
Royal Navy	Commissioned Officer (Branch List) Midshipman Cadet where in the case of any of these ranks, service terminated before 1st January 1957 Warrant Officer
Royal Marines	Commissioned Officer (Branch List) Warrant Officer
GROUP 12:—
Royal Navy	Fleet Chief Petty Officer
Royal Marines	Regimental Sergeant-Major Marine Warrant Officer, Class 1
Army	Warrant Officer Class II
Royal Air Force	Warrant Officer Airman Class A
GROUP 13:—
Royal Marines	Quartermaster Sergeant Marine Warrant Officer, Class II Warrant Officer Class II
Army	Non-Commissioned Officer Class I
Royal Air Force	Warrant Officer 2nd Class Airman Class B
GROUP 14:—
Royal Navy	Chief Petty Officer
Royal Marines	Colour Sergeant Staff Sergeant
Army	Staff Sergeant Non-Commissioned Officer Class II
Royal Air Force	Flight Sergeant Airman Class C
GROUP 15:—
Royal Navy	Petty Officer First Class Petty Officer (OS) Petty Officer (NS)
Royal Marines	Sergeant
Army	Sergeant Non-Commissioned Officer Class III
Royal Air Force	Sergeant Airman Class D
GROUP 16:—
Royal Navy	Second Class Petty Officer Leading Rating
Royal Marines	Corporal
Army	Corporal Non-Commissioned Officer Class IV
Royal Air Force	Corporal Airman Class E
GROUP 17:—
Royal Navy	AB Rating Ordinary Rating
Royal Marines	Marine
Army	Private, etc. Class V
Royal Air Force	Senior Aircraftman Leading Aircraftman Aircraftman Airman Class F

PART II — RATES OF PENSIONS AND ALLOWANCES

Group	Yearly Rate
(1)	(2)
	£
1	10,917
2	10,530
3	10,281
4	10,057
5	9,964
6	9,763
7	9,710
8	9,639
9	9,605
10	9,562
11	9,506
Group	Group
---	---
(1)
	12-17
Group	Yearly Rate
---	---
(1)	(2)
	£
1	11,163
2	10,671
3	10,426
4	10,176
5	9,987
6	9,786
7	9,731
8	9,639
9	9,605
10	9,562
11	9,506
Group	Yearly Rate
---	---
(1)	(2)
	£
1	10,917
2	10,530
3	10,281
4	10,057
5	9,964
6	9,763
7	9,710
8	3,348
9	2,982
10	2,626
11	2,320
Group	Weekly Rate
---	---
(1)	(2)
	£
12 - 17	43.42

PART III

1

Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner

2

Rent allowance under article 25

3

Elderly persons allowance under article 26—

4

Allowances in respect of children—

5

Pension under article 29 to a child of a member who has no parent living and has not attained the child's age limit—

6

Allowance under article 30(2)(b) to or in respect of a child who has attained the child's age limit

SCHEDULE 3 — COMMENCING DATES OF AWARDS

1

• (1) Subject to the following provisions of this Schedule, an award or an adjustment of an award shall have effect from such date as may be specified in the award, being a date not earlier than the date specified in subparagraph (2) which is relevant in the claimant's case.

• (2) The date specified in this subparagraph is whichever date is the latest in time of the date—

• (a) following the date of termination of service or, in a case under Part III, following the date of death of the member;

• (b) of the claim;

• (c) of the last application for review; or

• (3) Where in a case to which subparagraph (1) applies, the claimant satisfies the requirements of subparagraph (4) the award shall have effect from the date the subparagraph is satisfied.

• (4) This paragraph is satisfied where the date of claim or application for review is made within 3 months of—

• (a) the date of termination of service, or the date of death where an award is made in respect of a member's death; or

• (b) except where paragraph (a) applies, the date of notification of a decision on the claim or review.

• (5) Where the requirements of subparagraph (4) are satisfied on more than one occasion and the occasions on which they are satisfied are consecutive, subparagraph (3) shall apply as from the first occasion on which subparagraph (4) is satisfied.

• (6) Subject to subparagraphs (7), (8) and (9), where an award is adjusted upon review instigated by the Secretary of State, the adjustment shall take effect from the date of the review.

• (7) Where an award is reviewed as a result of a decision (“the original decision”) which arose from an official error, the reviewed decision shall take effect from the date of the original decision and for this purpose “official error” means an error made by Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.

• (8) Where an award is suspended pursuant to Article 65(3) but, on one of the conditions specified in article 65(5) being satisfied, the Secretary of State reviews the award, the Secretary of State shall adjust the award in accordance with subparagraph 6 and shall make a backdating payment in respect of the award, which payment shall—

• (a) apply in respect of the period between the date on which the suspension took effect and the date of the review, and

• (b) be calculated by reference to the rate at which the award was in payment prior to its suspension.

• (9) Where, a pensioner's award has been cancelled (pursuant to Article 66(1) but, following submission of a further claim (in accordance with Article 66(2) the Secretary of State has made a further award in the pensioner's favour, such award shall take effect and payment shall be made—

• (a) from the date on which the suspension took effect,

• (b) at such rate as the Secretary of State determines to be appropriate when making the further award.

• (10) For the purposes of this paragraph, a claim shall be treated as made for a pension or allowance for which a claim is not required by virtue of article 35 on the date on which the relevant conditions of entitlement to the pension or allowance first became satisfied.

2

• (1) In a case to which section 168 of the Pension Act 1995 (war pensions for widows: effect of remarriage) or article 33(2) applies, for paragraph 1(4)(a) of this Schedule substitute “the date of termination of a marriage or civil partnership, the date of judicial separation of the parties to a marriage, the date of a separation order relating to a civil partnership or the date the claimant ceased to live with another as a spouse or as a civil partner”.

• (2) In this paragraph—

• (a) in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pension Act 1995;

• (b) in relation to civil partners—

• (i) the reference to the termination of a civil partnership is to the termination of a partnership by death, dissolution or annulment, and

• (ii) the reference to a separation order includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom

and for those purposes a dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom.

3

Where an award is made pursuant to a successful appeal to the Social Security Commissioners or the Upper Tribunal, the Secretary of State may make payment for a past period which does not exceed six years from the date of the application for leave to appeal to the Social Security Commissioners or the Upper Tribunal.

4

Where an award or an adjustment of an award is made following a decision of the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside, the Secretary of State shall make payment for a past period which does not exceed six years from the date of the application which led to the decision of the President of the Pensions Appeal Tribunal where the ground for setting the decision of the Pensions Appeal Tribunal aside is that the Tribunal's decision was erroneous in point of law .

5

Where a claimant satisfies the Secretary of State that—

• (a) he would have made a claim or an application for a review on a date (“the earlier date”) earlier than that (“the actual date”) on which he actually did so but for the fact that he was incapable of so doing or of instructing someone to act on his behalf by reason of illness or disability; and

• (b) that illness or disability continued to be the cause of the delay up to the moment the claim or application was made

any reference in this Schedule to the date of claim or date of application for review shall be treated as a reference to the later of—

• (i) the earlier date; and

• (ii) the date three years before the actual date.

6

• (1) Where, upon a review of a decision rejecting a claim for pension, the Secretary of State makes an award on the basis that medical opinion has developed since the date of the decision which is the subject of the review, no payment shall be made in respect of any period preceding whichever is the later of—

• (a) the date on which the Secretary of State considers that medical opinion had developed to the extent that an award in the claimant's case was justified; and

• (b) the date three years before the date of application for a review or, where the review is instigated by the Secretary of State, the date three years before the date of the Secretary of State's review decision.

• (2) Where the Secretary of State accepts a claim and he is satisfied that the claimant would have made a claim at an earlier date but for advice he gave that a claim would be rejected on the basis of medical opinion, the Secretary of State may make payment in respect of a period commencing on, but not in respect of any period before, whichever is the later of—

• (a) the date on which the Secretary of State considers that medical opinion had developed to the extent that an award in the claimant's case was justified; and

• (b) the date three years before the date of claim.

7

Where a decision, which falls to be reviewed in the light of a decision of a court or a Commissioner in a case to which the claimant is not party, is revised, no payment may be made pursuant to the revision in respect of any period before the date three years before the decision of the court.

8

Where, either upon review of a decision rejecting a claim for pension or following a decision of the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside by reason of the availability of additional evidence, an award is made on the basis of evidence contained in documents produced by the claimant which were not available to the claimant at the time of the decision which is subject to the review or appeal because those documents were classified at the time, payment may be made in respect of a period commencing on, but not in respect of any period before, the date three years before the date of the application for review or, as the case may be, application to the President of the Pensions Appeal Tribunals that the decision of a Pensions Appeal Tribunal be treated as set aside.

9

Notwithstanding paragraph 1(7), where an award is made under article 6 or article 23 without a claim having been made for it, no payment shall be made in respect of a period before whichever is the later of—

• (a) the day following the date of death or termination of service; and

• (b) the date three years before the records were delivered to the Secretary of State by the Secretary of State for Defence.

10

Except in a case to which paragraph 6, 7 or 9 applies, where a claimant satisfies the Secretary of State that—

• (a) he would have made a claim or an application for a review on an earlier date than he actually did but for an act or omission of the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence or foreign and commonwealth affairs, which wrongly caused him to delay the claim or application and that act or omission was the dominant cause of the delay; and

• (b) that act or omission continued to be the dominant cause of the delay up to the moment the claim or application was made

any reference in this Schedule to the date of a claim or date of application for review shall be treated as a reference to the earlier date referred to in this paragraph.

11

Where the Secretary of State reviews a decision which was made before 16th August 1943 and he is satisfied that an award would have been made in respect of a person provided the onus of proof were not on that person and that person were given the benefit of any reasonable doubt, he may make payment in respect of the period commencing on, but not in respect of any period before, that date.

SCHEDULE 4 — TRANSITORY PROVISIONS

PART I — CONTINUATION OF TRANSITORY PROVISIONS IN SCHEDULE 5 TO THE SERVICE PENSIONS ORDER 1983

Interpretation of Part I

1

In this Part of this Schedule unless the context otherwise requires—

• “1946 instrument” means the Order in Council of 4th June 1946 , the Royal Warrant of 12th April 1946 or, as the case may be, the Order by His Majesty of 12th June 1946;

• “1949 instrument” means the Order in Council of 29th September 1949, the Royal Warrant of 24th May 1949 or, as the case may be, the Order by His Majesty of 27th September 1949;

• “1973 instrument” means the Order in Council of 27th July 1973, the Royal Warrant of 24th July 1973 or, as the case may be, the Order by Her Majesty of 25th July 1973 ;

• “1974 instrument” means the Order in Council of 28th June 1974, the Royal Warrant of 18th June 1974 or, as the case may be, the Order by Her Majesty of 21st June 1974

• “1977 instrument” means the Order in Council of 9th March 1977, the Royal Warrant of 11th March 1977 or, as the case may be, the Order by Her Majesty of 15th March 1977 ;

• “member” means a member of the armed forces;

• “unmarried dependant” means an unmarried dependant who lived as a wife of the member;

and the other expressions have the meanings assigned to them in Schedule 6.

Pensions for unmarried dependants of deceased disablement pensioners under a 1946 instrument

2

Where immediately before the death of a member there was payable to him, by virtue of article 71(6)(a) of a 1964 instrument and article 71(1) of and Schedule 4 to the Service Pensions Order 1978, an allowance under article 12(1) of a 1946 instrument (family allowances) in respect of an unmarried dependant, that dependant may, upon the member's death, be awarded a pension for which she would have been eligible under article 28 of the 1946 instrument (pensions for unmarried dependants), if that instrument had not been revoked and for so long as the conditions for an award under that article are fulfilled.

Continuation of pensions for unmarried dependants of deceased pensioners under a 1946 instrument

3