The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2013

Made: 12th February 2013

Laid before Parliament: 19th February 2013

Coming into force: 8th April 2013

At the Court at Buckingham Palace, the 12th day of February 2013Present,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 2013 and shall come into force on 8th April 2013.

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 33 (relationships subsequent to the award of a pension)

3

In article 33(4) of the principal Order for “the widow has married another” substitute “the person has married another”.

Amendment of article 42 (determination of degree of disablement)

4

In article 42(10)(c) of the principal Order for “(degree of disablement of better ear x 4) + (degree of disablement of worst ear) divided by 5” substitute “((degree of disablement of better ear x 4) + (degree of disablement of worst ear)) divided by 5”.

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.

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 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 substitutes the word ‘person’ for the word ‘widow’ in article 33(4) in order to correct a minor error.

Article 4 corrects a typographical error in the formula to determine the degree of disablement in article 42(10)(c).

Articles 5 and 6 substitute Tables in Schedules 1 and 2 thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Footnotes

[^f00001]: S.I. 2006/606 as amended by S.I. 2006/1455, 2007/909, 2008/679, 2008/2683, 2009/706, 2010/240, 2011/235 and 2012/359.

[^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.