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

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

Where immediately before the date on which this Order comes into operation, an unmarried dependant was, by virtue of article 71(6)(b) of a 1964 instrument and article 71(1) of and Schedule 4 to the Service Pensions Order 1978, in receipt of a pension under article 28(3) of a 1946 instrument (pension while in charge of member's child and in receipt of allowance under following provisions of that Part of that instrument in respect of the child) the award of that pension may be continued when she ceases to have that child in her care and to receive an allowance under Part IV of this Order in respect of that child if she is in pecuniary need and incapable of self-support.

Withholding or reduction of disablement pension under a 1949 instrument

4

The Secretary of State may withhold or reduce an award under a 1949 instrument in respect of the disablement of an officer whose service was terminated voluntarily or on account of misconduct.

Transitional provision on abolition of killed in action gratuities

5

Article 28 and column 2 of Schedule 5 to the 1964 instrument shall continue to apply to any deaths occurring before 1st August 1973 as they would have applied but for their revocation by the 1973 instrument.

Assessment of specified disablement under the 1964 instruments

6

Where, on or after 22nd July 1974, it is necessary in any case for an assessment of disablement to be made in accordance with the provisions of Schedule 1 to a 1964 instrument for any period commencing prior to the said 22nd July, the provisions of the said Schedule 1 in force immediately prior to the said 22nd July shall continue to apply as they would have applied had other provision not been substituted for them by the 1974 instrument.

PART II — CONTINUATION OF SAVINGS IN THE 1992 ORDER AND THE 1993 ORDER

Savings provisions made by the 1992 Order in respect of articles 12, 18, 23 and 53 of the Service Pensions Order 1983

7

• (1) Notwithstanding—

• (a) the revocation of article 12 of the Service Pensions Order 1983 (allowance for eligible members of the family), and

• (b) the amendment of—

• (i) article 18(5) (additional unemployability allowances), and

• (ii) article 23 (treatment allowance)

of that Order (“the saved provisions”)

by the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992 (“the 1992 Order”), and notwithstanding the revocation of the 1992 Order and the Service Pensions Order 1983 by this Order, in any case where a pension or allowance or any addition to a pension was payable under any of the saved provisions in respect of a period immediately before 6th April 1992 and is still payable immediately before 11th April 2006 by virtue of the savings set out in article 8 of the 1992 Order, the saved provisions shall continue to have effect as though this Order had not come into force.

• (2) The rate for the allowance for eligible members of the family, continued by paragraph (1)(a), shall be the rate payable immediately before 6th April 1992 .

Savings provision made by the 1993 Order in respect of articles 13, 38, 40 and 41 of the Service Pensions Order 1983

8

• (1) Notwithstanding—

• (a) the revocation of—

• (i) article 13 (education allowance for disablement),

• (ii) article 38 (education allowance for death),

• (iii) article 40 (pensions to parents), and

• (iv) article 41 (pensions to other dependants)

of the Service Pensions Order 1983; and

• (b) the amendment of—

• (i) article 23 (treatment allowance),

• (ii) article 24 (allowance where abstention from work is necessary following treatment in a hospital or similar institution), and

• (iii) article 25 (allowance for part-time treatment)

of that Order (“the saved provisions”)

by the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 (“the 1993 Order”), and notwithstanding the revocation of the 1993 Order and the Service Pensions Order 1983 by this Order, in any case where a pension or allowance was awarded under any of the saved provisions in respect of a period immediately before 12th April 1993 and is still payable immediately before 11th April 2006 by virtue of the transitional provisions set out in article 16 of the 1993 Order, the saved provisions shall, for the duration of that award, continue to have effect as though this Order had not come into force.

• (2) The rates for the allowances and pensions specified in paragraph (2)(a) and continued by that paragraph shall be the rates payable immediately before 12th April 1993 .

• (3) Notwithstanding the amendments made to articles 23, 24 and 25 of the Service Pensions Order 1983 by the 1993 Order, where treatment began before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment on or after 11 April 1993, the Secretary of State shall determine the claim as though this Order had not come into force.

PART III — CONTINUATION OF TRANSITIONAL PROVISIONS IN THE 1996 ORDER

9

• (1) Notwithstanding the revocation of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1996 (“the 1996 Order”) and the Service Pensions Order 1983 by this Order, article 3 of, and Schedule 2 to, the 1996 Order (transitional provisions) shall continue to have effect as though this Order had not come into force.

• (2) The provisions of Schedule 2 to the 1996 Order are set out below and any reference in that Schedule to—

• (a) “this Order” is a reference to the 1996 Order;

• (b) “the Service Pensions Order” is a reference to the Service Pensions Order 1983;

• (c) a numbered article is a reference to the article bearing that number in the Service Pensions Order 1983.

SCHEDULE 2 TO THE 1996 ORDER (1) In this Schedule— (a) “commencement date” means the date on which this Order comes into force; (b) “first review” means the first review after commencement date of the entitlement of a member of the armed forces to a relevant allowance; (c) “relevant allowance” means any allowance, pension, retired pay or supplement payable either— (i) under a provision which is revoked by article 4 of this Order; or (ii) by virtue of a grant made by the Secretary of State for Defence out of monies provided by Parliament under conditions analogous to those relating to any allowance, pension, retired pay or supplement payable under the Service Pensions Order other than those formerly laid down in article 13 or 38 (education allowances) . (2) This Schedule applies where, immediately before commencement date a relevant allowance or an allowance analogous to an education allowance under article 13 or 38 was payable to or in respect of a member of the armed forces, and that allowance would have continued to be payable but for the coming into force of this Order. (3) (1) after commencement date, and until the first review, the decision by virtue of which the relevant allowance was payable immediately before commencement date shall have effect as if it were a decision that the allowance, pension, retired pay or supplement under the Service Pensions Order to which the relevant allowance was analogous, should be payable at the same rate, subject to the same conditions and for the same term (subject to the following provisions of this Schedule) as the relevant allowance would have been if this Order had not come into force. (2) Where on the first or any subsequent review of a decision referred to in sub-paragraph (1) that decision is reviewed to the disadvantage of the recipient there shall be paid to him under this paragraph an amount equal to the difference between the amount payable under the Service Pensions Order under the reviewed decision and the amount which would have been payable if the decision had not been reviewed, and that amount shall be increased in accordance with any subsequent general increase in the rate of the pension, retired pay, allowance or supplement to which it is analogous, except where— (a) it is determined that the decision which is the subject of the review was erroneous in law and that error was attributable to misrepresentation, or failure to disclose a material fact, by the recipient or someone acting on his behalf; or (b) he becomes entitled by virtue of another review to a higher total payment under the Service Pensions Order. (3) In a case where head (a) of subparagraph (2) applies, the amount payable under this paragraph shall be reduced to that which would have been payable but for the misrepresentation or failure to disclose a material fact. (4) In a case falling within head (b) of subparagraph (2), the amount of the payment under this paragraph shall be reduced by the amount of the increase in the total payment under the Service Pensions Order. (4) Any payment under paragraph 3 shall be in addition to any allowance, pension, retired pay or supplement which would have been payable under the Service Pensions Order if this Order had not been made. (5) Where immediately before the coming into force of this Order a person was in receipt by virtue of— (a) a provision revoked by article 4 of this Order; or (b) a grant made by the Secretary of State for Defence out of monies provided by Parliament, of an allowance analogous to that payable under article 13 or 38 (education allowances) there may be paid to him an allowance under paragraph 6 below, subject to paragraphs 7 and 8 below. (6) (1) Subject to subparagraphs (3), (4) and (5), there may be paid to a member of the armed forces who is in receipt of retired pay or pension, an allowance in respect of a child for the purpose of his education if the child is a child of the member or by virtue of article 18(5)(e) is treated as a child of the member. (2) Subject to the following provisions of this paragraph, an allowance in respect of a child to whom or in respect of whom an award has or, but for the provisions of article 33, would have been made under article 35, 36, 37 or 39 may be awarded for the purpose of that child's education. (3) Subject to sub-paragraphs (4) and (5), an allowance under subparagraph (1) or (2) shall be payable only if— (a) the child has attained the age of 5 years; and (b) the circumstances of the family are such as to require it; and (c) the Secretary of State is satisfied that the type of education which the child is receiving or is to receive is suitable for that child. (4) Where a child begins or is to begin school before the age of 5 years, subparagraph (3)(a) shall have effect as if for “has attained the age of 5 years” there were substituted the words “has commenced the term's attendance at school in the course of which he will attain the age of 5 years”. (5) The amount of an allowance under this paragraph shall be determined by the Secretary of State, but the total payments made in respect of any period of 12 months for any one child shall not exceed £120. (7) An allowance payable under paragraph 6 of this Schedule shall not be payable if at any time after the coming into force of this Order— (a) the conditions set out in that paragraph cease to be satisfied; or (b) it appears to the Secretary of State that it is for any other reason inappropriate for payment of the allowance to continue. (8) Paragraphs 3 and 6 of this Schedule are without prejudice to any power now exercisable by the Secretary of State with the concurrence of the Treasury to make provision in excess of that permitted by this Order or the Service Pensions Order in exceptional circumstances conferred by— (a) the Order in Council dated 19th December 1881 concerning non-effective pay and allowances for the Royal Navy at rates, and under circumstances, other than those laid down in existing Regulations; (b) the Royal Warrant dated 27th October 1884 concerning the issue of pay, non-effective pay and allowances for the Army; or (c) the Order of His Majesty dated 14th January 1922 concerning the issue of pay, non-effective pay and allowances of the Royal Air Force, and accordingly those instruments shall have effect as if a reference to those paragraphs of this Schedule were included in each of them.

SCHEDULE 5 — REVOCATIONS

Instruments	References
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983	S.I. 1983/883
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1983	S.I. 1983/1116
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1983	S.I. 1983/1521
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1984	S.I. 1984/1154
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1984	S.I. 1984/1687
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1985	S.I. 1985/1201
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1986	S.I. 1986/592
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1987	S.I. 1987/165
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988	S.I. 1988/248
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order	S.I. 1988/2248
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989	S.I. 1989/156
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1990	S.I. 1990/250
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1990	S.I. 1990/1308
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991	S.I. 1991/766
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992	S.I. 1992/710
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1992	S.I. 1992/3208
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993	S.I. 1993/598
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1994	S.I. 1994/772
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1994	S.I. 1994/1906
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995	S.I. 1995/766
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1996	S.I. 1996/732
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1996	S.I. 1996/1638
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 3) Order 1996	S.I. 1996/2882
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1997	S.I. 1997/286
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1998	S.I. 1998/262
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1999	S.I. 1999/294
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2000	S.I. 2000/252
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2001	S.I. 2001/409
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2002	S.I. 2002/792
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2003	S.I. 2003/434
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2004	S.I. 2004/708
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2005	S.I. 2005/851
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 2005	S.I. 2005/1471
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 3) Order 2005	S.I. 2005/3187

SCHEDULE 6 — INTERPRETATION

PART I — WARRANTS AND ORDERS

¹ Army Order 268 of 1917.² Cmnd 457 of 1919; the relevant amending instruments are Cmnd 1701 of 1922; 1752 of 1922; 1852 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974.³ Cmnd 811; the relevant amending instructions are Cmnd 1932 of 1923; 2013 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974.⁴ S.R. & O. 1917/1022.⁵ S.R. & O. 1917/1023.⁶ S.R. & O. 1920/1021; the relevant amending instruments are S.R. & O.1924/505; 1924/1390; 1925/1034; 1928/46; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁷ S.R. & O 1921/360; the relevant amending instruments are S.R. & O. 1925/763; 1928/44; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁸ S.R. & O. 1921/361; the relevant amending instruments are S.R. & O. 1925/764; 1928/45; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁹ HC 120 of 1920; the relevant amendments are HC 133 of 1925; 133-1 of 1925; 134 of 1925; Cmnd. 2472 of 1964; 4135 of 1969; 5396 of 1973; and 5671 of 1974.¹⁰The relevant amendments are HC 171 of 1925; 9 or 1928; 2472 of 1964; 4135 of 1969; 5396 of 1973 and 5671 of 1974.¹¹ The relevant amending instruments are Orders in Council dated 22nd December 1964; 24th February 1966; 9th June 1966; 28th July 1966; 23rd August 1967; 14th February 1968; 26th July 1968; 31st July 1969; 4th February 1970; 28th July 1971; 26th July 1972; 27th July 1973; 28th June 1974; 18th March 1975; 17th September 1975; 23rd July 1976; 9th March 1977; S.I. 1977/1630; 1978/278; 1978/1404 and 1978/1405.¹² Cmnd 2467; the relevant amending instruments are Cmnd 2553 of 1964; 2926 of 1966; 3023 of 1966; 3072 of 1966; 3385 of 1967; 3530 of 1968; 3728 of 1968; 4134 of 1969; 4287 of 1970; 4742 of 1971; 5077 of 1972; 5395 of 1973; 5670 of 1974; 6001 of 1975; 6247 of 1975; 6583 of 1976; 6763 of 1977 and S.I. 1977/1630; 1978/278; 1978/1404; and 1978/1405.¹³Cmnd 2472; the relevant amending instruments are Cmnd 2554 of 1964; 2927 of 1966; 3024 of 1966; 3071 of 1966; 3384 of 1967; 3531 of 1968; 3729 of 1968; 4135 of 1969; 4286 of 1970; 4743 of 1971; 5078 of 1972; 5396 of 1973; 5671 of 1974; 6002 of 1975; 6246 of 1975; 6582 of 1976; 6762 of 1977; and SI 1977/1630; 1978/278; 1978/1404 and 1978/1405.¹⁴ S.I. 1978/1525.¹⁵ S.I. 1983/883.¹⁶ S.I. 2005/439.	¹ Army Order 268 of 1917.² Cmnd 457 of 1919; the relevant amending instruments are Cmnd 1701 of 1922; 1752 of 1922; 1852 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974.³ Cmnd 811; the relevant amending instructions are Cmnd 1932 of 1923; 2013 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974.⁴ S.R. & O. 1917/1022.⁵ S.R. & O. 1917/1023.⁶ S.R. & O. 1920/1021; the relevant amending instruments are S.R. & O.1924/505; 1924/1390; 1925/1034; 1928/46; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁷ S.R. & O 1921/360; the relevant amending instruments are S.R. & O. 1925/763; 1928/44; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁸ S.R. & O. 1921/361; the relevant amending instruments are S.R. & O. 1925/764; 1928/45; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁹ HC 120 of 1920; the relevant amendments are HC 133 of 1925; 133-1 of 1925; 134 of 1925; Cmnd. 2472 of 1964; 4135 of 1969; 5396 of 1973; and 5671 of 1974.¹⁰The relevant amendments are HC 171 of 1925; 9 or 1928; 2472 of 1964; 4135 of 1969; 5396 of 1973 and 5671 of 1974.¹¹ The relevant amending instruments are Orders in Council dated 22nd December 1964; 24th February 1966; 9th June 1966; 28th July 1966; 23rd August 1967; 14th February 1968; 26th July 1968; 31st July 1969; 4th February 1970; 28th July 1971; 26th July 1972; 27th July 1973; 28th June 1974; 18th March 1975; 17th September 1975; 23rd July 1976; 9th March 1977; S.I. 1977/1630; 1978/278; 1978/1404 and 1978/1405.¹² Cmnd 2467; the relevant amending instruments are Cmnd 2553 of 1964; 2926 of 1966; 3023 of 1966; 3072 of 1966; 3385 of 1967; 3530 of 1968; 3728 of 1968; 4134 of 1969; 4287 of 1970; 4742 of 1971; 5077 of 1972; 5395 of 1973; 5670 of 1974; 6001 of 1975; 6247 of 1975; 6583 of 1976; 6763 of 1977 and S.I. 1977/1630; 1978/278; 1978/1404; and 1978/1405.¹³Cmnd 2472; the relevant amending instruments are Cmnd 2554 of 1964; 2927 of 1966; 3024 of 1966; 3071 of 1966; 3384 of 1967; 3531 of 1968; 3729 of 1968; 4135 of 1969; 4286 of 1970; 4743 of 1971; 5078 of 1972; 5396 of 1973; 5671 of 1974; 6002 of 1975; 6246 of 1975; 6582 of 1976; 6762 of 1977; and SI 1977/1630; 1978/278; 1978/1404 and 1978/1405.¹⁴ S.I. 1978/1525.¹⁵ S.I. 1983/883.¹⁶ S.I. 2005/439.	¹ Army Order 268 of 1917.² Cmnd 457 of 1919; the relevant amending instruments are Cmnd 1701 of 1922; 1752 of 1922; 1852 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974.³ Cmnd 811; the relevant amending instructions are Cmnd 1932 of 1923; 2013 of 1923; 2467 of 1964; 4134 of 1969; 5395 of 1973; and 5670 of 1974.⁴ S.R. & O. 1917/1022.⁵ S.R. & O. 1917/1023.⁶ S.R. & O. 1920/1021; the relevant amending instruments are S.R. & O.1924/505; 1924/1390; 1925/1034; 1928/46; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁷ S.R. & O 1921/360; the relevant amending instruments are S.R. & O. 1925/763; 1928/44; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁸ S.R. & O. 1921/361; the relevant amending instruments are S.R. & O. 1925/764; 1928/45; Orders in Council dated 25th September 1964; 31st July 1969; 27th July 1973; and 28th June 1974.⁹ HC 120 of 1920; the relevant amendments are HC 133 of 1925; 133-1 of 1925; 134 of 1925; Cmnd. 2472 of 1964; 4135 of 1969; 5396 of 1973; and 5671 of 1974.¹⁰The relevant amendments are HC 171 of 1925; 9 or 1928; 2472 of 1964; 4135 of 1969; 5396 of 1973 and 5671 of 1974.¹¹ The relevant amending instruments are Orders in Council dated 22nd December 1964; 24th February 1966; 9th June 1966; 28th July 1966; 23rd August 1967; 14th February 1968; 26th July 1968; 31st July 1969; 4th February 1970; 28th July 1971; 26th July 1972; 27th July 1973; 28th June 1974; 18th March 1975; 17th September 1975; 23rd July 1976; 9th March 1977; S.I. 1977/1630; 1978/278; 1978/1404 and 1978/1405.¹² Cmnd 2467; the relevant amending instruments are Cmnd 2553 of 1964; 2926 of 1966; 3023 of 1966; 3072 of 1966; 3385 of 1967; 3530 of 1968; 3728 of 1968; 4134 of 1969; 4287 of 1970; 4742 of 1971; 5077 of 1972; 5395 of 1973; 5670 of 1974; 6001 of 1975; 6247 of 1975; 6583 of 1976; 6763 of 1977 and S.I. 1977/1630; 1978/278; 1978/1404; and 1978/1405.¹³Cmnd 2472; the relevant amending instruments are Cmnd 2554 of 1964; 2927 of 1966; 3024 of 1966; 3071 of 1966; 3384 of 1967; 3531 of 1968; 3729 of 1968; 4135 of 1969; 4286 of 1970; 4743 of 1971; 5078 of 1972; 5396 of 1973; 5671 of 1974; 6002 of 1975; 6246 of 1975; 6582 of 1976; 6762 of 1977; and SI 1977/1630; 1978/278; 1978/1404 and 1978/1405.¹⁴ S.I. 1978/1525.¹⁵ S.I. 1983/883.¹⁶ S.I. 2005/439.
Item	Expression	Meaning
1.	“the 1917 Warrant”	the Royal Warrant of 1st August 1917¹;
2.	“the 1919 Warrant”	the Royal Warrant of 6th December 1919²;
3.	“the 1920 Warrant”	the Royal Warrant of 2nd July 1920³;
4.	“the 1917 (Officers) Order”	the Order in Council of 29th September 1917⁴;
5.	“the 1917 (Warrant Officers) Order”	the Order in Council of 29th September 1917⁵;
6.	“the 1920 Order in Council”	the Order in Council of 11th June 1920⁶;
7.	“the 1921 (Officers) Order”	the Order in Council of 9th March 1921⁷;
8.	“the 1921 (Warrant Officers) Order”	the Order in Council of 9th March 1921⁸;
9.	“the 1920 Order”	the Order by His Majesty of 11th May 1920)⁹;
10.	“the 1921 Order”	the Order by His Majesty of 25th September 1921¹⁰;
11.	“the 1919 to 1920 other ranks instruments”	the instruments specified in items 2, 6, and 9 above (and the expression “a 1919 to 1920 other ranks instrument” shall be construed accordingly);
12.	“the 1920 to 1921 (Officers) instruments”	the instruments specified in items 3, 7, 8 and 10 above (and the expression “a 1920 to 1921 instrument” shall be construed accordingly);
13.	“the 1919 to 1921 instruments”	the instruments specified in items 2,3, and 6 to 10 above (and the expression “a 1919 to 1921 instrument” shall be construed accordingly);
14.	“the 1964 instrument”	the Order in Council of 25th September 1964¹¹,or the Royal Warrant of 19th September 1964¹², or the Order by Her Majesty of 24th September 1964¹³, whichever instrument is appropriate in any particular case, and the expression “1964 instruments” shall be construed accordingly;
15.	“the Service Pensions Order 1978”	the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1978¹⁴;
16.	“the Service Pensions Order 1983”	the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983¹⁵;
17.	“the 2005 Order”	the Armed Forces and Reserve Forces Compensation Scheme Order 2005¹⁶.

PART II — GENERAL