The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993

Made: 10th March 1993

Laid before Parliament: 22nd March 1993

Coming into force

At the Court at Buckingham Palace, the 10th day of March 1993 Present, The Queen’s Most Excellent Majesty in Council

NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act of 1977 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 and shall come into force for the purposes of this article and articles 10 and 14 on 1st April 1993 and for all other purposes on 12th April 1993.

• (2) In this Order, “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.

Amendment of article 7 of the principal Order

2

In article 7(1) of the principal Order (rank or status) the words “(including any award under any article in those Parts made by virtue of Part V)” shall be omitted.

Amendment of article 10 of the principal Order

3

In article 10 of the principal Order (pension for disablement) for the word “Tables” there shall be substituted the word “Table”.

Amendment of article 18 of the principal Order

4

In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,106” there shall be substituted the amount “£2,184”.

Amendment of article 23 of the principal Order

5

In article 23 of the principal Order (treatment allowances)—

• (a) in paragraph (1) after the words “he receives treatment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings”;

• (b) after paragraph (7) there shall be added the following paragraph—

(8) For the purposes of articles 23, 24 and 25 the expression “earnings” means any remuneration or profit derived from an employment.

Amendment of article 24 of the principal Order

6

In article 24 of the principal Order (allowance where abstention from work is necessary following treatment in a hospital or similar institution) in paragraph (1) after the words “necessitated that treatment” there shall be inserted the following words “and as a result of abstention from work he incurs a loss of earnings,”.

Amendment of article 25 of the principal Order

7

In article 25 of the principal Order (allowance for part-time treatment) in paragraph (1) after the words “normal employment” there shall be inserted the following words “and as a result of such treatment he incurs a loss of earnings,”.

Amendment of article 26 of the principal Order

8

In article 26 of the principal Order (medical expenses) after the words “in so far as” there shall be inserted the words “the expenses wholly or mainly arise as a result of the disablement due to service and in so far as”.

Amendment of article 29 of the principal Order

9

In article 29 of the principal Order (pensions to widows)—

• (a) in paragraph (1)(a) for the words “Tables 1A and 2A or column (2) of Tables 3 and 4” there shall be substituted the words “Tables 1, 2 and 3”;

• (b) in paragraph (1)(b) for the words “column (3) of Table 1A and 2A or, as the case may be, column (3) of Table 3 and column (2) of Table 4” there shall be substituted the words “column (2) of Tables 4 and 5”.

Amendment of article 31 of the principal Order

10

In article 31 of the principal Order (rent allowance to widows, and unmarried dependants who lived as wives, who have children) in paragraph (1) for the words “community charge” there shall be inserted the words “council tax”.

Amendment to article 42 of the principal Order

11

In article 42 of the principal Order (marriage of female persons)—

• (a) for paragraph (3) there shall be substituted the following paragraph—

(3) Subject to paragraphs (4) and (7) below, where a pension awarded to person under article 29 or 30 of this Order or under articles 11, 13 or 17A of a 1920 to 1921 Officers instrument or under articles 11 or 19 of a 1919 to 1920 other rank instrument, ceases under paragraph (1) above, the Secretary of State may award that person a gratuity equal to one year’s pension.

• (b) for paragraph (4) there shall be substituted the following paragraph—

(4) Where a widow of an officer or, where his death is due to service after 2nd September 1939 of a sergeant-major of the Royal Marines, a warrant officer class 1 in the military forces or a warrant officer in the air forces marries prior to 12th April 1993 and the death of that husband occurs after 11th April 1993, the Secretary of State may restore the pension in whole or in part if the circumstances are, in his opinion, such as to justify its restoration or award a gratuity equal to one year’s pension.

• (c) for paragraph (7) there shall be substituted the following paragraph—

(7) Where an award of pension ceases under paragraph (1) above as a consequence of a person living with a man as his wife prior to 12th April 1993 and the death of that man occurs after 11th April 1993, the Secretary of State may award a gratuity to that person equal to one year’s pension.

• (d) paragraphs (8) and (9) shall be omitted.

Invalidity of assignments

12

After article 63 of the principal Order (refusal of treatment) there shall be inserted the following article—

(63A) Any assignment or charge, and any agreement to assign or charge any pension, retired pay, allowance or gratuity which may be or has been awarded under this Order shall be void, and, on the bankruptcy of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or person acting on behalf of the creditors.

Amendment of Schedules to the principal Order

13

• (1) In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances)—

• (a) for Tables 1, 2, 3 and 4 of Part II there shall be substituted the Table set out in Schedule 1 to this Order;

• (b) for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and

• (c) for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.

• (2) In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death)—

• (a) for Tables 1A, 1B, 2A, 2B, 3, 4, 5 and 6 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;

• (b) for Part III there shall be substituted the Part set out in Schedule 6 to this Order.

14

In Part II of Schedule 4 to the principal Order, in column 3 of item 45 (meaning of “public funds”)—

• (a) for paragraph (cc) there shall be substituted the following paragraph—

(cc) moneys provided under the Local Government Finance Act 1992[^f00003]; or

• (b) paragraph (ccc) shall be omitted.

Revocations

15

The following articles of the principal Order shall be revoked—

• (a) article 13 (education allowance in respect of disablement);

• (b) article 38 (education allowance in respect of death);

• (c) article 40 (pensions to parents);

• (d) article 41 (pensions to other dependants); and

• (e) articles 43—53 of Part V (special classes of disabled members).

Transitional provisions

16

• (1) Notwithstanding the amendments made by this Order to articles 23, 24 and 25 of the principal Order and the revocation of articles 13, 38, 40 and 41 of that Order, in any case where a pension or allowance is awarded in respect of a period immediately before 12th April 1993 those provisions shall, for the duration of that award, continue to have effect as though this Order had not come into force.

• (2) Notwithstanding the amendments made by this Order to articles 23, 24 and 25 of the principal Order, where treatment commenced before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment after 11th April 1993 the Secretary of State may determine the claim as though this Order had not come into force.

SCHEDULE 1 — TABLE TO BE SUBSTITUTED FOR TABLES 1, 2, 3 and 4 OF PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER

TABLE

1

WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10—15 OF PART I OF THIS SCHEDULE.

2

YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEM-BERS OF THE ARMED FORCES IN GROUPS 1—9 OF PART I OF THIS SCHEDULE.

Degree of Disability	Weekly rate	Yearly rate
Per cent.	£	£
100	97.20	5,072
90	87.48	4,565
80	77.76	4,058
70	68.04	3,550
60	58.32	3,043
50	48.60	2,536
40	38.88	2,029
30	29.16	1,522
20	19.44	1,014

SCHEDULE 2 — TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER

TABLE 1 — GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

A

FINGERS–

• Index Finger– More than 2 phalanges, including loss of whole finger

B

TOES–

• Great toe– through metatarsophalangeal joint

SCHEDULE 3 — TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER

TABLE 2 — GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1

	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to	Estimated duration of the disablement within the degree referred to
Group	Temporary less than a year			Temporary more than a year			Indeterminate
	Per cent.			Per cent.			Per cent.
	1–5	6–14	15–19	1–5	6–14	15–19	1–5	6–14	15–19
	£	£	£	£	£	£	£	£	£
1	265	589	1029	529	1175	2057	1587	3527	6172
3	263	584	1022	525	1166	2041	1575	3500	6125
4	261	580	1014	521	1157	2025	1563	3473	6078
5	259	577	1008	519	1151	2015	1555	3455	6046
6	258	574	1003	516	1145	2004	1547	3437	6015
7,8	256	569	995	512	1136	1988	1535	3410	5968
9	254	565	987	508	1127	1973	1523	3383	5920
10	255	566	989	510	1130	1977	1522	3381	5912
11	255	565	988	509	1129	1974	1520	3376	5903
12	254	565	986	508	1127	1971	1518	3371	5894
13	254	564	985	508	1125	1968	1516	3366	5886
14	253	563	983	507	1124	1965	1513	3361	5877
15	253	562	982	506	1122	1962	1511	3356	5868

SCHEDULE 4 — PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1 TO THE PRINCIPAL ORDER

PART IV — RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT

1

Education allowance under article 13

2

Constant attendance allowance–

• (a) under article 14(1)(b)

3

Exceptionally severe disablement allowance under article 15

4

Severe disablement occupational allowance under article 16

5

Allowance for wear and tear of clothing–

• (a) under article 17(1)(a)

6

Unemployability allowances–

• (a) personal allowances under article 18(1)(a)

7

Invalidity allowance under article 19–

• (a) if–

• (i) the relevant date fell before 5th July 1948; or

• (ii) on the relevant date the member was under the age of 35; or

• (iii) on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

8

Comforts allowance–

• (a) under article 20(1)(a)

9

Allowance for lowered standard of occupation under article 21

10

Age allowance under article 22 where the degree of pensioned disablement is–

• (a) 40 to 50 per cent.

11

Treatment allowances– increase of personal allowances under article 23(3)

12

Part-time treatment allowance under article 25

13

Mobility supplement under article 26A

SCHEDULE 5 — TABLES TO BE SUBSTITUTED FOR TABLES 1A, 1B, 2A, 2B, 3, 4, 5 and 6 OF SCHEDULE 2 PART II

PART II — RATES OF PENSIONS AND ALLOWANCES

TABLE 1 — YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AFTER 2 SEPTEMBER 1939

PENSIONS OTHER THAN PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER.

Group	Yearly rate
	£
1	4414
2	4254
3	4154
4	4064
5	4004
6	3944
7	3924
8	3894
9	3879
10	3864
11	3839

TABLE 2 — WEEKLY RATES OF PENSIONS FOR WIDOWS OF RATINGS SOLDIERS OF AIRMEN WHO WERE MEMBERS OF THE FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921 OR AFTER 2 SEPTEMBER 1939

Group	Weekly rate
(1)	(2)
	£
12
13
14	£73.15
15
16
17	£72.90

TABLE 3 — YEARLY RATES OF PENSION FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921

PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER.

Group	Yearly rate
(1)	(2)
	£
1	4514
2	4314
3	4214
4	4114
5	4034
6	3954
7	3930
8	3894
9	3879
10	3864
11	3839

TABLE 4 — YEARLY RATES OF PENSION FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES AFTER 2 SEPTEMBER 1939

Group	Yearly Rate
(1)	(2)
	£
1	4414
2	4254
3	4154
4	4064
5	4004
6	3944
7	3924
8	1349
9	1204
10	1060
11	937

TABLE 5 — WEEKLY RATES OF PENSION FOR CHILDLESS WIDOWS AGED UNDER 40, BEING WIDOWS OF RATINGS, SOLDIERS OR AIRMEN WHO WERE MEMBERS OF THE FORCES AFTER 2 SEPTEMBER 1939

Group	Weekly Rate
(1)	(2)
	£
12
13
14	17.08
15
16
17	16.83

SCHEDULE 6 — PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2 TO THE PRINCIPAL ORDER

PART III — RATES OF PENSIONS, OTHER THAN WIDOWS' PENSIONS AND ALLOWANCES, PAYABLE IN RESPECT OF DEATH

1

Pension under article 30 to unmarried dependant who lived as a spouse

2

Rent allowance under article 31

3

Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse–

• (a) if age 65 but under 70

4

Pension to widower under article 34

5

Allowances in respect of children–

• (a) under article 35(1)–

• (i) in respect of the only, elder or eldest child of a member

6

Pension under article 36 to a motherless or fatherless child of a member–

• (a) in respect of the only, elder or eldest child of a member

7

Pension or allowance under article 37(3) to or in respect of a child over the age limit

8

Education allowance under article 38

9

Pensions to parents–

• (a) Minimum rate under article 40(3)

10

Pension to other dependants–

• (a) under article 41(2)

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order further amends the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (the principal Order) which makes provision for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces during the 1914 World War and after 2nd September 1939.

Article 4 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowance under article 18 of the principal Order.

Articles 5, 6 and 7 of this Order amend articles 23, 24 and 25 of the principal Order respectively to provide that a treatment allowance may be payable only where there has been a loss of earnings.

Article 8 of this Order amends article 26 of the principal Order to enable medical expenses to be defrayed where they arise wholly or mainly from the disablement due to service.

Articles 10 and 14 of this Order amend article 31 of, and Part II of Schedule 4 to, the principal Order as a consequence of the abolition of community charge and the introduction of council tax on 1st April 1993.

Article 11 of this Order abolishes the restoration of pensions to certain classes of widows on the death of their second husbands from 12th April 1993 with transitional provisions and provides for the awarding of gratuities.

Article 12 of this Order makes provision to invalidate any assignment or charge on a pension.

Article 13 of this Order substitutes tables in the Schedule in the principal Order thereby abolishing rank additions and varying the rates of retired pay, pension, gratuities and allowance in respect of disablement or death due to service in the armed forces. As a consequence of the abolition of rank additions, articles 7, 10 and 29 of the principal Order have been amended (articles 2 and 9).

Article 15 of this Order abolishes education allowances, pensions to parents and other dependants and pensions to certain special classes of disabled servicemen.

Article 16 provides saving provisions.

Footnotes

[^f00001]: S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592, 1987/165, 1988/248, 2248, 1989/156, 1990/250, 1308, 1991/766, 1992/710 and 3208.

[^f00002]: 1977 c. 5.

[^f00003]: 1992 c. 14.