The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992

• Citation: S.I. 1992/710
• Sections: 31

Section 1 Citation, commencement and interpretation

(1) This Order, may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992, and shall come into force on the 6th April 1992.

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

Section 2 Omission of article 12 of the principal Order

Article 12 of the principal Order (allowances for eligible members of the family) shall be omitted.

Section 3 Amendment of article 18 of the principal Order

In article 18 of the principal Order (unemployability allowances) —

(a) in paragraph (2) for the amount “£2,028” there shall be substituted the amount “£2,106”;

(b) in paragraph (5) —

(i) for sub-paragraphs (b) and (c) there shall be substituted thefollowing sub-paragraphs—

(b) subject to sub-paragraph (c) below, an allowance may be awarded in respect of a wife or husband or unmarried dependant living as a spouse or adult dependant at a rate not exceeding the appropriate rate specified in paragraph 6(b)(i) of Part IV of Schedule 1 if the Secretary of State thinks fit having regard to the financial circumstances of the person in respect of whom the allowance is claimed;

(c) an allowance shall not be awarded in respect of more than one adult dependant;

(ii) in paragraph (5)(d) for the words “paragraph 6(b)(iii)” there shall be substituted “paragraph 6(b)(ii)”.

Section 4 Amendment of article 23 of the principal Order

In article 23 of the principal Order (treatment allowances) paragraph (1)(b) and paragraph (4) shall be omitted.

Section 5 Amendment of article 26A of the principal Order

In article 26A of the principal Order (mobility supplement) in paragraph (1)(b) for the words “12 months” there shall be substituted the words “6 months”.

Section 6 Amendment of article 53 of the principal Order

In article 53 of the principal Order (general provisions relating to awards under Part V) paragraph (2)(a) shall be omitted.

Section 7 Amendment of Schedules to the principal Order

(1) In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement) —

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

(b) for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order;

(c) for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.

(2) In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death) —

(a) for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 to this Order;

(b) for the amount “£3,525” in the second column of Table 1B of Part II there shall be substituted the amount “£3,668”;

(c) for the amounts “£67.60” and “£15.60” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£70.35” and “£16.25”;

(d) for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 to this Order;

(e) for Part III there shall be substituted the Part set out in Schedule 8 to this Order.

Section 8 Saving provision in relation to allowances for eligible members of the family

Notwithstanding the revocation of article 12, and the amendment to article 18(5), articles 23 and 53 of the principal Order, in any case where a pension or allowance or any addition to pension is payable in respect of the period immediately before 6th April 1992 those provisions shall continue to have effect as though this Order had not come into force.

Section 1

Education allowance under article 13

Section 2

Constant attendance allowance—

(a) under article 14(1)(b)

Section 3

Exceptionally severe disablement allownace under article 15

Section 4

Severe disablement occupational allowance under article 16

Section 5

Allowance for wear and rear of clothing—

(a) under article 17(1)(a)

Section 6

Unemployability allowances—

(a) personal allowance under article 18(1)(a)

Section 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

Section 8

Comforts allowance—

(a) under article 20(1)(a)

Section 9

Allowance for lowered standard of occupation under article 21—

Section 10

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

(a) 40 to 50 per cent.

Section 11

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

Section 12

Part-time treatment allowances under article 25

Section 13

Mobility supplement under article 26A

Section 1

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

Section 2

Rent allowance under article 31

Section 3

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

(a) if age 65 but under 70

Section 4

Pension to widower under article 34

Section 5

Allowances in respect of children

(a) under article 35(1)—

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

Section 6

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

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

Section 7

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

Section 8

Education allowance under article 38

Section 9

Pensions to parents—

(a) minimum rate under article 40(3)

Section 10

Pension to other dependants—

(a) under article 41(2)