The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2012

Made: 15th February 2012

Laid before Parliament: 22nd February 2012

Coming into force: 9th April 2012

At the Court at Buckingham Palace, the 15th day of February 2012Present,The Queen’s Most Excellent Majesty in Council

ACCORDINGLY, Her Majesty, in exercise of the powers conferred upon Her by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977[^f00002], and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1

This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2012 and shall come into force on 9th April 2012.

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

2

The rules of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the principal Order”) are amended as follows.

Amendment of article 12 (unemployability allowances)

3

In article 12(6)(a) of the principal Order for “in respect of a spouse, civil partner, dependant living as a spouse or dependant living as a civil partner” substitute “in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner”.

Amendment of article 36 (withdrawal of claims)

4

In article 36(1) of the principal Order after “specified in article 34 has been made” insert “or where article 35 applies”.

Amendment of Schedule 1 (disablement due to service in the armed forces)

5

In Schedule 1 to the principal Order—

• (a) for the Table in Part 2 substitute the Table set out in Schedule 1 to this Order;

• (b) for Tables 1 and 2 in Part 3 substitute Tables 1 and 2 set out in Schedule 2 to this Order;

and

• (c) for the Table in Part 4 substitute the Table set out in Schedule 3 to this Order.

Amendment of Schedule 2 (death due to service in the armed forces)

6

In Schedule 2 to the principal Order—

• (a) for Tables 1, 2, 3, 4, 5, 6 and 7 of Part 2 substitute Tables 1, 2, 3, 4, 5, 6 and 7 set out in Schedule 4 to this Order; and

• (b) for the Table in Part 3 substitute the Table set out in Schedule 5 to this Order.

Amendment of Schedule 6 (interpretation)

7

In Schedule 6, part II, item (19)(b) to the principal Order after “an adult” omit “female”.

SCHEDULE 1 — TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

SCHEDULE 2 — TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

SCHEDULE 3 — TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

SCHEDULE 4 — TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

SCHEDULE 5 — TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the 2006 Order”) which makes provision for pensions and other awards in respect of disablement or death due to service before 6th April 2005 in the naval, military and air forces.

Article 3 inserts ‘adult dependant’ into the list of dependants at article 12 paragraph (6)(a) in relation to whom additional unemployment allowances may be awarded. ‘Adult dependant’ is defined in Part II of Schedule 6 of the 2006 Order.

Article 4 widens the category of cases which can be considered and if appropriate, treated as withdrawn under article 36 of the 2006 Order.

Articles 5 and 6 substitute Tables in Schedules 1 and 2 to the 2006 Order thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces. Item 6(b) of the new Table in Schedule 1 Part 4 puts beyond doubt that 6(b) applies only where 6(a) does not apply.

Footnotes

[^f00001]: S.I.2006/606 as amended by S.I. 2006/1455, 2007/909, 2008/679, 2008/2683, 2009/706, 2010/240 and 2011/235.

[^f00002]: 1977 c. 5, subsection 24(3) of which was amended by the Social Security (Consequential Provisions) Act 1992 c. 6, section 4 and Schedule 2, paragraph 46.

[^f00003]: 1992 c. 4.

[^f00004]: Order in Council of 9th March 1921.

[^f00005]: Order in Council of 9th March 1921.

[^f00006]: Royal Warrant of 2nd July 1920.

[^f00007]: Order of His Majesty of 25th September 1921.