The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2019

Made: 13th February 2019

Laid before Parliament: 20th February 2019

Coming into force: 8th April 2019

At the Court at Buckingham Palace, the 13th day of February 2019Present,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 2019 and comes into force on 8th April 2019.

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 27 (temporary allowances)

3

In article 27 of the principal Order[^f00003]—

• (a) for paragraph (3)(a) substitute—

(a) for the period of 26 weeks commencing on the relevant day; and

• (b) after paragraph (7) insert—

(8) In this article, “relevant day” means— (a) in the case of the surviving spouse or surviving civil partner of an officer, the day after the day of the officer’s death; (b) in the case of the surviving spouse or surviving civil partner of any other member— (i) where the member died before 8th April 2019, the Wednesday next following the day of the member’s death; (ii) where the member died on or after 8th April 2019, the day after the day of the member’s death.

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

4

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)

5

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.

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.

Article 3 amends the principal Order so that a temporary personal allowance awarded under Article 27 to a surviving spouse or civil partner commences on the day after the armed forces member dies, irrespective of the rank of the member, if the date of death is on or after 8th April 2019.

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, 2017/161 and 2018/176.

[^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 27 was amended by S.I. 2008/679.

[^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.