The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018

Made: 8th February 2018

Laid before Parliament: 15th February 2018

Coming into force: 9th April 2018

At the Court at Buckingham Palace, the 8th day of February 2018Present,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 2018 and comes into force on 9th April 2018.

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

2

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

Amendment of article 15 (allowance for lowered standard of occupation)

3

In article 15(2)(b)(iii)(bb) of the principal Order[^f00003], after “(Northern Ireland) 2007”, insert “which includes a work-related activity component or a support component (within the meaning of the applicable Act[^f00004])”.

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

4

In article 33(2)(b) of the principal Order[^f00005], for “applies to restore”, substitute “makes a claim for the restoration of”.

Amendment of article 34 (making of claims)

5

In article 34(1) of the principal Order[^f00006], for “or which follows a period which, had there been an award for that period, would have ended in accordance with article 33(1))”, substitute “and an award which is the restoration of an award referred to in article 33)”.

Amendment of article 35 (cases where claims are not required)

6

In article 35 of the principal Order—

• (a) in paragraph (2)(b), for “the Veterans Agency” substitute “Veterans UK”;

• (b) in paragraph (3)—

• (i) before “A claim”, insert “Subject to paragraph (3A),”;

• (ii) in sub-paragraph (b), for “the Veterans Agency” substitute “Veterans UK”;

• (c) after paragraph (3), insert—

(3A) Paragraph (3) does not apply to restorations of awards referred to in article 33(2).

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

7

In Schedule 1 to the principal Order—

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

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

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

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

8

In Schedule 2 to the principal Order—

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

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

Amendment of Schedule 6 (interpretation)

9

In Part 2 of Schedule 6 to the principal Order, in item 62 of the table, for “Veterans Agency”, substitute “Veterans UK”.

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 principal 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. The principal Order contains the scheme which provides the pensions and other awards.

Articles 3 to 6 and 9 make amendments to the principal Order—

• to allow a person in receipt of Employment and Support Allowance (ESA) without a work-related activity component or a support component to receive an allowance for lowered standard of occupation under article 15 of the principal Order (article 3)

• to make clear that a claim is required in relation to restoration of an award after the end of a relationship subsequent to the award of a pension (articles 4, 5 and 6(b)(i) and (c))

• to update references in the principal Order to the Veterans Agency to be references to Veterans UK (articles 6(a) and (b)(ii) and 9).

The tables in Schedules 1 to 5 to this Order replace tables in Schedules 1 and 2 to the principal Order, in order to adjust the rates prescribed for retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: S.I. 2006/606; relevant amending instruments are S.I. 2006/1455, 2007/909, 2008/679, 2009/706, 2010/240, 2011/235, 2012/359, 2013/241, 2013/630, 2014/505, 2015/208, 2016/374 and 2017/161.

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

[^f00003]: Article 15(2) was substituted by S.I. 2009/706 and amended by S.I. 2013/630.

[^f00004]: References in the Welfare Reform Act 2007 (c. 5) to “work-related activity component” were omitted by section 15 of the Welfare Reform and Work Act 2017 (c. 16), but saved for certain purposes by S.I. 2017/204 and 581. References in the Welfare Reform Act (Northern Ireland) 2007 (c. 2) to “work-related activity component” were omitted by article 9 of S.I. 2016/999 (N.I. 1), but saved for certain purposes by S.R. 2017 No. 51.

[^f00005]: Article 33(2) was substituted by S.I. 2015/208.

[^f00006]: Article 34(1) was amended by S.I. 2009/706 and 2016/374.

[^f00007]: Order in Council of 9th March 1921.

[^f00008]: Order in Council of 9th March 1921.

[^f00009]: Royal Warrant of 2nd July 1920.

[^f00010]: Order of His Majesty of 25th September 1921.