The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1994

• Citation: S.I. 1994/772
• Sections: 32

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 1994 and shall come into force for the purposes of this article, and articles 4 and 5(3) on 28th March 1994 and for all other purposes on 11th April 1994.

(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 18 of the principal Order

In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,184” there shall be substituted the amount “£2,236”.

Section 3 Amendment of article 67 of the principal Order

In article 67 of the principal Order (review of decisions, assessments and awards)—

(a) in paragraphs (1) and (2) for the reference to paragraph “(7)” there shall be substituted the reference “(6A)”;

(b) after paragraph (6) there shall be inserted the following paragraph—

(6A) Subject to the provision in paragraph (7), nothing in this article shallbe taken to authorise the review of any assessment or decision made, given, or upheld by the Pensions Appeal Tribunal under section 8 of the War Pensions (Administrative Provisions) Act 1919 or the Pensions Appeal Tribunals Acts 1943 and 1949 .

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

(7) Any assessment made, given or upheld by the Pensions Appeal Tribunal under the Pensions Appeal Tribunals Acts 1943 and 1949 may be reviewed and revised by the Secretary of State where he is satisfied by fresh medical evidence of a deterioration in the disablement in respect of which the assessment was made.

Section 4 Insertion of articles 67A, 67B and 67C into the principal Order

After article 67 of the principal Order (review of decisions, assessments and awards) there shall be inserted the following articles—

Suspension in individual cases Pensions Appeal Tribunal

(67A)

(1) Where it appears to the Secretary of State that a question arises whetheran appeal ought to be brought against the decision of a Pensions Appeal Tribunal, he may, subject to paragraph (2), direct that payment of a pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.

(2) Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.

(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.

(4) Subject to paragraph (5), where the pensioner has been given notice within the relevant period that an application for leave to appeal against a decision of a Pensions Appeal Tribunal has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.

(5) Where an application for leave to appeal against a decision of a Pensions Appeal Tribunal is made to a Pensions Appeal Tribunal and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of the Pensions Appeal Tribunal refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.

(6) Where, on an appeal against a decision of a Pensions Appeal Tribunal, the court remits the matter for rehearing and determination by a Pensions Appeal Tribunal, the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.

(7) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.

(8) In this article—

(a) “appeal” means an appeal under section 6(2) of the Pensions Appeal Tribunals Act 1943 ;

(b) “application for leave to appeal” means an application for leave to appeal in the proceedings referred to in sub-paragraph (a) above, and, in England and Wales, an application for leave to appeal under Order 101, rule 3 of the Rules of the Supreme Court 1965 , in Scotland under rule 285 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 or, in Northern Ireland, under Order 101, rule 2 of the Rules of the Supreme Court (Northern Ireland) 1980 ;

(c) “relevant period” means the period of one month beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension in individual cases courts

(67B)

(1) Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a court, he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.

(2) Where it appears to the Secretary of State that a question arises under paragraph(1), he may only give directions that payment of the pension or gratuity in accordance with that decision besuspended within the relevant period.

(3) A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.

(4) Where the pensioner has been given notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.

(5) A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.

(6) In this article—

(a) “appeal” means—

(i) in England, Wales and Northern Ireland an appeal to the Court of Appeal or, in Scotland, a reclaiming motion to the Inner House of the Court of Session, against the determination of an application for judicial review;

(ii) in England, Wales and Northern Ireland an appeal to the House of Lords against a decision of the Court of Appeal in an application referred to in head (i) above, or in Scotland, an appeal to the House of Lords against a decision of the Inner House of the Court of Session in a reclaiming motion in an application referred to in head (i) above;

(b) “application for leave to appeal” means an application or petition for leave to appeal as the case may be in the proceedings referred to in heads (i) and (ii) of sub-paragraph (a) above;

(c) “relevant period” means the period of three months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.

Suspension in other cases

(67C)

(1) Where it appears to the Secretary of State that—

(a) an appeal has been brought or a question arises whether an appeal ought to be brought against a decision of a court in relation to a case (“the primary case”); and

(b) if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of pension or gratuity in that case ought to be reviewed,

he may direct that payment of the pension or gratuity under the award in the secondary case be suspended, in whole or in part—

(i) until the time limit for making an application for leave to appeal in the primary case has expired; or

(ii) if such an application is made, until such time as that application and any subsequent appeal has been determined, whichever is the later.

(2) In this article the expressions “appeal” and “application for leave to appeal” have the same meanings as they have in article 67B.

Section 5 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 the Table in 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 1, 2, 3, 4 and 5 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.

(3) In Schedule 4 to the principal Order for item 27 of Part II of Schedule 4 there shall be substituted the following item—

(27) “injury” includes wound or disease but excludes any injury due to—

(a) the use or effects of tobacco; or

(b) the consumption of alcohol;

except that paragraph (a), in so far as it relates to the use of tobacco, and paragraph (b) above shall not apply where the person suffers from a mental condition which is attributable to service if—

(i) the degree of disablement in respect of that condition has been assessed at 50% or more; and

(ii) he started or continued to use tobacco or to consume or continue to consume alcohol due to that condition:

Section 1

WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE.

Section 2

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

A

FINGERS—

B

TOES—

Section 1

Education allowance under article 13

Section 2

Constant attendance allowance

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

Section 3

Exceptionally severe disablement allowance

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 allowance under article 18(1)(a)

Section 7

Invalidity allowance under article 14

(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)