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

• Citation: S.I. 1993/598
• Sections: 43

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 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.

Section 2 Amendment of article 7 of the principal Order

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.

Section 3 Amendment of article 10 of the principal Order

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

Section 4 Amendment of article 18 of the principal Order

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”.

Section 5 Amendment of article 23 of the principal Order

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.

Section 6 Amendment of article 24 of the principal Order

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,”.

Section 7 Amendment of article 25 of the principal Order

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,”.

Section 8 Amendment of article 26 of the principal Order

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”.

Section 9 Amendment of article 29 of the principal Order

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”.

Section 10 Amendment of article 31 of the principal Order

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”.

Section 11 Amendment to article 42 of the principal Order

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.

Section 12 Invalidity of assignments

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

Invalidity of assignments

(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.

Section 13 Amendment of Schedules to the principal Order

(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.

Section 14 Amendment of Schedules to the principal Order

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 ; or

(b) paragraph (ccc) shall be omitted.

Section 15 Revocations

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).

Section 16 Transitional provisions

(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.

Section 1

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

Section 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.

A

FINGERS–

Index Finger–

More than 2 phalanges, including loss of whole finger

B

TOES–

Great toe–

through metatarsophalangeal joint

Section 1

Education allowance under article 13

Section 2

Constant attendance allowance–

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

Section 3

Exceptionally severe disablement allowance under article 15

Section 4

Severe disablement occupational allowance under article 16

Section 5

Allowance for wear and tear of clothing–

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

Section 6

Unemployability allowances–

(a) personal allowances 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 allowance 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 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 eldest child of a member

Section 7

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