The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2015

Made: 11th February 2015

Laid before Parliament: 18th February 2015

Coming into force: 6th April 2015

At the Court at Buckingham Palace, the 11th day of February 2015Present,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

• (1) This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2015 and shall come into force on 6th April 2015.

• (2) In this Order “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.

Amendment to article 33 (relationships subsequent to the award of a pension) of the principal Order

2

Article 33 (relationships subsequent to the award of a pension) of the principal Order is amended by—

• (a) inserting at the end of paragraph (1) “before the 1st April 2015”,

• (b) substituting for paragraph (2)—

(2) Where— (a) in accordance with paragraph (1), an award to a person ceased, and (b) that person applies to restore the award in respect of a period which begins after the end of the relationship that led to the cessation of the award, the claim shall be determined as though the relationship had never existed.

Amendment to the schedules to the principal Order

3

The schedules to the principal Order are amended by substituting—

• (a) the table in Schedule 1 for the table in Schedule 1, Part II of the principal Order,

• (b) the tables in Schedule 2 for tables 1 and 2 in Schedule 1, Part III of the principal Order,

• (c) the table in Schedule 3 for the table in Schedule 1, Part IV of the principal Order,

• (d) the tables in Schedule 4 for the tables in Schedule 2, Part II of the principal Order, and

• (e) the table in Schedule 5 for the table in Schedule 2, Part III of the principal Order.

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

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

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

SCHEDULE 4 — TABLES TO BE SUBSTITUTED FOR TABLES 1 TO 7 IN SCHEDULE 2, PART II OF THE PRINCIPAL ORDER

SCHEDULE 5 — TABLE TO BE SUBSTITUTED FOR THE TABLE IN SCHEDULE 2 PART III 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 2 makes amendments to stop the cessation of pensions to surviving spouses and civil partners in the event that they co-habit or remarry. This provision also enables persons whose subsequent relationship has come to an end, to apply for the restoration of their surviving spouse or civil partner pension.

Article 3 substitutes the Tables in Schedules 1 to 5 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, 2012/359, 2013/241 and 2014/505.

[^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.