The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2024

Made: 21st February 2024

Laid before Parliament: 28th February 2024

Coming into force: 8th April 2024

At the Court at Buckingham Palace, the 21st day of February 2024Present,The King’s Most Excellent Majesty in Council

ACCORDINGLY, His Majesty, in exercise of the powers conferred upon Him by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977[^f00002] and of all other powers enabling Him to do so, is pleased, by and with the advice of His Privy Council, to order as follows:

Citation, commencement and extent

1

This Order—

• (a) may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2024;

• (b) comes into force on 8th April 2024;

• (c) extends to England and Wales, Scotland and Northern Ireland.

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 to article 56 (abatement of awards in respect of social security benefits)

3

In article 56 (abatement of awards in respect of social security benefits) of the principal Order, in paragraph (3), after sub-paragraph (j) insert—

(k) Part 2 of the Social Security (Scotland) Act 2018[^f00003].

Amendment to 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 to 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 article 56 of the principal Order to include benefits under the Social Security (Scotland) Act 2018 in the list of benefits against which pension may be abated under that article.

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]: type=start slip=2024-04-01 time=1712839060543S.I. 2006/606type=end slip=2024-04-01 time=1712839060543; relevant amending instruments are S.I. 2008/679, 2009/706, 2013/388, 2013/630, 2023/163 and S.R. 2016/228 and 2016/236.

[^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]: 2018 asp 9.

[^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.