The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2022

Made: 16th February 2022

Laid before Parliament: 23rd February 2022

Coming into force: 11th April 2022

At the Court at Windsor Castle, the 16th day of February 2022Present,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 2022 and comes into force on 11th April 2022.

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 20 (mobility supplement)

3

In article 20 of the principal Order[^f00003], in paragraph (1), after sub-paragraph (c)(iv) insert—

(v) has been in receipt of the mobility component of adult disability payment at the enhanced rate given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018[^f00004]; or

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

Ceri King — Deputy 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 article 20 of the principal Order to include a new Scottish benefit, adult disability payment, in the list of benefits which may entitle a member to an award of mobility supplement under article 20.

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. 2007/909, 2008/679, 2009/706, 2010/240, 2011/235, 2012/359, 2013/241, 2013/388, 2014/505, 2015/208, 2016/374, 2017/161, 2018/176, 2019/186, 2020/150, 2021/142 and S.R. 2016 No. 228.

[^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 20(1) was amended by S.I. 2013/388 and S.R. 2016 No. 228.

[^f00004]: 2018 asp 9.

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

[^f00006]: Order in Council of 9th March 1921.

[^f00007]: Royal Warrant of 2nd July 1920.

[^f00008]: Order of His Majesty of 25th September 1921.