The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2002

• Citation: S.I. 2002/792
• Sections: 46

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 2002 and, subject to article 2(2), shall come into force on 8th April 2002.

(2) In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.

Section 2 Amendments of the principal Order and application

(1) The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.

(2) Paragraphs 3, 4, 5 and 9(c) of Schedule 1 to this Order (which amend articles 18, 19, 27 and 33 of the principal Order) shall apply for the purposes of claims or reviews made on or after 1st August 2002.

Section 1 Amendment of article 3A

In article 3A (making of claims)—

(a) in sub-paragraph (2)(j) for the words “a widow's” substitute “a widow or widower's”;

(b) omit sub-paragraph (2)(m); and

(c) in sub-paragraph (2)(n) for the words “a widow” substitute “a widow or widower”.

Section 2 Amendment of article 3B

In article 3B (cases where claims are not required)—

(a) in paragraph (3) and sub-paragraph (9)(a) for the words “a widow's” substitute “a widow or widower's”;

(b) in paragraph (5) for “, article 30 (which relates to pensions for unmarried dependants who lives as spouses) or article 34 (pensions to widowers).” insert “or article 30 (which relates to pensions for unmarried dependants who lived as spouses).”; and

(c) omit sub-paragraph (9)(c).

Section 3 Amendment of article 18

In article 18 (unemployability allowances)—

(a) in paragraph (1A) after sub-paragraph (b) insert the full-out words “unless paragraph (1B) applies.”; and

(b) after paragraph (1A) insert—

(1B) If the member—

(a) was in receipt of unemployability allowance before 7th April 1997;

(b) became engaged in remunerative work on or after 8th April 2002 and in consequence ceased to be entitled to unemployability allowance;

(c) had given notice to the Secretary of State that he had become engaged in remunerative work within one week of ceasing to be entitled to unemployability allowance;

(d) then ceased to be engaged in remunerative work;

(e) makes a new claim for unemployability allowance within 52 weeks of the termination of the original payment of unemployability allowance; and

(f) was not engaged in a previous period of remunerative work within 28 weeks of the date sub-paragraph (b) applied to them,

then paragraph (1) shall continue to apply to that new claim subject to the degree of disablement being assessed at not less than 20 per cent.

(1C) For the purposes of paragraph (1B) “remunerative work” means either—

(a) work for which payment is made or which is done in expectation of payment; or

(b) attendance at a training course in respect of which the member receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or corresponding provisions in Northern Ireland.

Section 4 Amendment of article 19

In paragraph (3) of article 19 (invalidity allowance) after “8 weeks” insert “or the break is by reason of remunerative work where the member of the armed forces is one to whom sub-paragraphs (b) to (f) of article 18(1B) apply”.

Section 5 Amendment of article 27

In article 27 (application of part IV ) after paragraph (4) insert—

(5) For the purposes of paragraph (4), a member of the armed forces shall be treated as if they were in receipt of an allowance under article 18 if—

(i) at the time of their death sub-paragraphs (b), (c) and (f) of article 18(1B) applied to them; and

(ii) the period of remunerative work had not exceeded a period of 52 weeks.

Section 6 Amendment of Article 29

In article 29 (pensions to widows)—

(a) in paragraph (1) for “widow” substitute “widow or widower”;

(b) in sub-paragraph (1)(a)(iii) for “mother” substitute “parent”;

(c) in paragraph (1A) for the amount £58.95 substitute the amount £59.95, and for “widow” substitute “widow or widower”; and

(d) the title to the article shall be amended to “pensions to widows and widowers”.

Section 7 Amendment of article 31

In article 31 (rent allowance to widows, widowers and unmarried dependants who lived as spouses who have children)—

(a) in paragraph (1) for the words “article 29 or 34” substitute “article 29”; and

(b) in paragraph (2) for the words “article 29, 30 or 34” substitute “articles 29 or 30”.

Section 8 Amendment of article 32

In article 32 (allowance to elderly widows, widowers and unmarried dependants who lived as spouses)—

(a) in sub-paragraph (a)(i) for “widow” substitute “widow or widower” and for “his wife” substitute “their spouse”; and

(b) in sub-paragraph (a)(ii) for the words “article 29, 30 or 34” substitute “articles 29 or 30”.

Section 9 Amendment of article 33

In article 33 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled pensioners)—

(a) for “widow” substitute “widow or widower” wherever it appears;

(b) in paragraph (1) for “his wife” substitute “their spouse”;

(c) after paragraph (1) add—

(1A) For the purposes of paragraph (1), a member of the armed forces shall be treated as if they were in receipt of an allowance under article 18(1)(a) if—

(i) at the time of their death sub-paragraphs (b), (c) and (f) of article 18(1B) applied to them; and

(ii) the period of remunerative work had not exceeded a period of 52 weeks.

(d) in paragraphs (3) and (4) for “wife” substitute “spouse”.

Section 10 Amendment of article 34

Article 34 (pensions to widowers) shall be omitted.

Section 11 Amendment of article 35

In article 35 (allowances for children under the child’s age limit)—

(a) in sub-paragraph (2)(a) for the words “paragraph 5(a)” substitute “paragraph 4(a)”; and

(b) in sub-paragraph (2)(b)—

(i) for the words “paragraph 5(b)” insert “paragraph 4(b)”; and

(ii) for the words “article 29, 30, 34 or 39” insert “articles 29, 30 or 39”.

Section 12 Amendment of article 36

In paragraph (2) of article 36 (pensions for children under the child’s age limit with no parents living) for the words “paragraph 6” substitute “paragraph 5”.

Section 13 Amendment of article 37

In sub-paragraph (2)(b) of article 37 (award for children who have attained the child’s age limit) for the words “paragraph 7” substitute “paragraph 6”.

Section 14 Amendment of article 38

In paragraph (3) of article 38 (education allowance) for the words “paragraph 8” substitute “paragraph 7”.

Section 15 Amendment of article 40

In article 40 (pensions to parents)—

(a) in paragraphs (3) and (4) for the words “paragraph 9(a)” substitute “paragraph 8(a)”;

(b) in sub-paragraphs (3)(a)(i) and (3)(b) for the words “paragraph 9(b)” insert “paragraph 8(b)”;

(c) in sub-paragraph (3)(c) for the words “paragraph 9(c)” insert “paragraph 8(c)”; and

(d) in sub-paragraph (4)(d) for the words “paragraph 9(d)” insert “paragraph 8(d)”.

Section 16 Amendment of article 41

In article 41 (pensions to other dependants)—

(a) in paragraph (2) for the words “paragraph 10(a)” substitute “paragraph 9(a)”;

(b) in sub-paragraphs (3)(a) and (3)(b) for the words “paragraph 10(b)” insert “paragraph 9(b)”; and

(c) in sub-paragraphs (3)(a)(i) and (3)(b) for the words “paragraph 10(c)” insert “paragraph 9(c)”.

Section 17 Amendment of Schedule 1

Schedule 1 (rates of retired pay, pensions, gratuities and allowances in respect of disablement due to service in the armed forces) shall be amended as follows—

(a) for the Table in Part II there shall be substituted the Table set out in Schedule 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; and

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

Section 18 Amendment of Schedule 2

In Schedule 2 (rates of provisions and allowances in respect of death due to service in the armed forces)—

(a) for Tables 1, 2, 3, 4 and 5 of Part II substitute the Tables set out in Schedule 6 to this Order; and

(b) for Part III substitute the Part set out in Schedule 7 to this Order.

Section 19 Amendment of Schedule 4

In Part II of Schedule 4 (glossary of expressions) omit items 21 (dependent), 29 (material date) and 53 (widower).

Section 20 Amendment of Schedule 7

In Schedule 7 (deductions for the purposes of article 56) there shall be substituted the Table set out in Schedule 8 to this Order.

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 MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART I OF THIS SCHEDULE.

Section 1

Education allowance under article 13

Section 2

Constant attendance allowance under article 14—

(A) For decisions made before 9th April 2001

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 under article 17(1)

Section 6

Unemployability allowances—

Section 7

Invalidity allowance under article 19

Section 8

Comforts Allowance

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—

Section 11

For decisions made before 9th April 2001

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 a spouse—

Section 4

Allowances in respect of children—

Section 5

Pension under article 36 where the decision is made before 9th April 2001, to a motherless or fatherless child under the age limit and, where the decision is made on or after that date, to a child of a member with no parents living—

Section 6

Pension or allowance under article 37(3) where the decision is made before 9th April 2001, and under article 37(2) where the decision is made on or after that date, to or in respect of a child who has attained the child’s age limit

Section 7

Education allowance under article 38

Section 8

Pensions to parents—

Section 9

Pension to other dependants—