The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2004

• Citation: S.I. 2004/708
• Sections: 30

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 2004 and shall come into force on 12th April 2004.

(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 to the principal Order and application

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

Section 1 Amendment of article 9

In article 9 (determination of degree of disablement)—

(a) at the beginning of sub-paragraph (2)(d) insert the words “subject to sub-paragraph (e)”

(b) after sub-paragraph (2)(d) insert—

(e) the degree of disablement in respect of noise-induced sensorineural hearing loss shall be assessed on a final basis.

(c) after paragraph (4) insert—

(4A) An assessment of the degree of disablement due to service in respect of noise-induced sensorineural hearing loss shall be based solely on hearing loss due to service and shall not include any hearing loss due to age or other factors which are not related to service as a member of the armed forces and which arise after service.

(4B)

(a) Noise-induced sensorineural hearing loss shall be measured by reference to audiometric tests, where available, conducted at or about the termination of the member’s service and the degree of disablement due to service shall be assessed in accordance with paragraph (4C).

(b) Where no such tests were conducted or are available, the assessment of the degree of disablement due to service shall be informed by the earliest available evidence, whether in terms of audiometric tests or other evidence relevant to the level of hearing loss that existed at termination of service. The assessment shall have regard to the relative percentages of degrees of disablement and measured hearing loss specified in Table 1 of Part VI of Schedule 1 but any hearing loss arising after termination of service shall not be included in the assessment.

(4C) Subject to paragraphs (4A), (4B)(b) and (4D), the degree of disablement in respect of noise-induced sensorineural hearing loss which is due to service shall be assessed by—

(a) determining the average total hearing loss for each ear at 1,2 and 3 kHz frequencies; and then by

(b) determining the percentage degree of disablement for each ear in accordance with Table 1 of Part VI of Schedule 1; and then by

(c) determining the average percentage degree of binaural disablement in accordance with the following formula:

((Degree of disablement of better ear × 4) + (Degree of disablement of worse ear)) divided by 5

(d) in subparagraph (c) “better ear” means that ear in which the claimant’s hearing loss is the less and “worse ear” means that ear in which the claimant’s hearing loss is the more.

(4D) Paragraphs (4B) and (4C) shall not be applied so as to reduce any award made prior to 12 April 2004.

(4E) For the purpose of determining the percentage degree of disablement in Table 1 of Part VI of Schedule 1 any fraction of an average hearing loss shall, where the average hearing loss is over 50 dB , be rounded down to the next whole figure.

Section 2 Amendment of article 29

In paragraph (1A) of article 29 (pensions to widows and widowers) for the amount “£60.97” substitute the amount “£62.68”.

Section 3 Amendment of article 42A

In article 42A (funeral expenses)—

(1) in paragraph (1)—

(a) omit the words “Subject to paragraph (3)”;

(b) for subparagraph (a) substitute—

(a) the funeral of that member has taken place, provided that in any case where the date of the funeral is on or before 11th April 2004 the funeral took place in the British Islands or the Republic of Ireland; and

(c) omit the words “, including the cost of transporting the body of the deceased member but only within the area of the British Islands and the Republic of Ireland”;

(2) in paragraph (3)—

(a) at the beginning insert the words “Subject to paragraph (4)

(b) omit the words “, and after deduction of any amount payable in respect of death benefit in the Isle of Man or any of the Channel Islands”;

(c) for subparagraph (b) substitute—

(b) transportation of the body, but for funerals taking place on or before 11th April 2004 transportation only within the British Islands and the Republic of Ireland

(d) for subparagraph (c) substitute—

(c) travelling costs of one return journey by the person responsible for the funeral to arrange or attend the funeral, but for funerals taking place on or before 11th April 2004 only travelling costs of one return journey within the British Islands and the Republic of Ireland.

(3) At the end insert—

(4) In the case of a funeral which takes place on or after 12th April 2004, the reasonable funeral expenses shall not exceed a total of £1400.

Section 4 Amendment of Schedule 1

In Schedule 1 (rates of retired pay, pensions, gratuities and allowances in respect of disablement due to service in the armed forces)—

(a) for the Table in Part II substitute the Table set out in Schedule 2 to this Order;

(b) for Tables 1 and 2 in Part III substitute the Tables set out in Schedules 3 and 4 respectively to this Order;

(c) for Part IV substitute the Part set out in Schedule 5 to this Order;

(d) at the end insert the Part set out in Schedule 6 to this Order.

Section 5 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 7 to this Order; and

(b) for Part III substitute the Part set out in Schedule 8 to this Order.

Section 6 Amendment of Schedule 7

In Schedule 7 (deductions for the purposes of article 56) substitute the Table set out in Schedule 9 to this Order.

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 Treatment allowance— 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 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—