The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005

• Citation: S.I. 2005/851
• Sections: 41

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 2005 and shall come into force—

(a) for the purposes of this article, article 2 and paragraphs 1 to 10 (inclusive) and 12, 13 and 16 of Schedule 1 to this Order, on 6th April 2005.

(b) for the purposes of paragraphs 11, 14, 15 and 17 of Schedule 1 to this Order, on 11th April 2005.

(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 3 (basic conditions of awards under this Order)

In article 3 after the word “service” there shall be inserted the words “before 6th April 2005”.

Section 2 Amendment of article 3A (making of claims)

Article 3A shall be amended as follows—

(1) in paragraph (1) after the words “Subject to” there shall be inserted “paragraph (4) and”; and

(2) after paragraph (3) there shall be inserted—

(4) Subject to paragraph (5), where a claim for injury or death benefit made by or in respect of a member of the Armed Forces has been refused under the 2005 Order, the Secretary of State may treat the claim under that Order as a claim under this Order.

(5) Paragraph (4) shall not apply to a claim made under the 2005 Order during the claimant’s service.

Section 3 Amendment of article 4 (entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service)

Article 4 shall be amended as follows—

(1) in paragraph (1) for the word “Where” there shall be substituted “Except where paragraph (1A) applies, where”;

(2) after paragraph (1) there shall be inserted—

(1A) Where a person is entitled to benefit under the 2005 Order in respect of an injury or death, no claim in respect of that injury or death shall be accepted as due to service for the purposes of this Order.

(3) in paragraph (6) after the words “30th September 1921” there shall be inserted “but before 6th April 2005”.

Section 4 Amendment of article 5 (entitlement where a claim is made in respect of disablement, or death occurs, more than 7 years after the termination of service)

Article 5 shall be amended as follows—

(1) in paragraph (1) for the word “Where” there shall be substituted “Except where paragraph (1A) applies, where”;

(2) in paragraph (1) after the words “30 th September 1921” there shall be inserted “but before 6th April 2005”; and

(3) after paragraph (1) there shall be inserted—

(1A) Where a person is entitled to benefit under the 2005 Order in respect of an injury or death, no claim in respect of that injury or death shall be accepted as due to service for the purposes of this Order.

Section 5 Amendment of article 8 (general conditions)

In paragraph (1) of article 8 after the words “due to service” there shall be inserted the words “before 6th April 2005”.

Section 6 Amendment of article 9 (determination of degree of disablement)

In paragraph (1) of article 9 after the words “30th September 1921” there shall be inserted the words “but before 6th April 2005”.

Section 7 Amendment of article 10 (pension for disablement)

In article 10 after the words “30th September 1921” there shall be inserted the words “but before 6th April 2005”.

Section 8 Amendment of article 11 (gratuity for minor disablement)

In paragraph (1) of article 11 after the words “30th September 1921” there shall be inserted the words “but before 6th April 2005”.

Section 9 Amendment of article 26 (medical expenses)

In article 26 after the words “due to service” there shall be inserted the words “before 6th April 2005”.

Section 10 Amendment of article 27 (application of Part IV)

In article 27(1) after the words “due to service” there shall be inserted the words “before 6th April 2005”.

Section 11 Amendment of article 29 (pensions to widows and widowers)

In paragraph (1A) of article 29 for the amount “£62.68” substitute the amount “£64.62”.

Section 12 Amendment of article 42 (effects of marriage and living together)

Article 42 shall be amended as follows—

(1) in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (1B) and (2)”; and

(2) after paragraph (1A) there shall be inserted—

(1B) Any pension or allowance awarded under articles 29 to 32 (inclusive) to a person in respect of a member of the armed forces who died or whose service terminated on or before the 31st March 1973 shall not cease if that person marries or begins to live with another person as the spouse of that person on or after the 6th April 2005.

Section 13 Amendment of article 42A (funeral expenses)

In paragraph (2)(a) after the words “due to service” there shall be inserted the words “before 6th April 2005”.

Section 14 Amendment of Schedule 1 (disablement due to service in the armed forces)

In Schedule 1—

(1) for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;

(2) for Tables 1 and 2 in Part III there shall respectively be substituted Tables 1 and 2 set out in Schedule 3 to this Order; and

(3) for the Table in Part IV there shall be substituted the Table set out in Schedule 4 to this Order.

Section 15 Amendment of Schedule 2 (death due to service in the armed forces)

In Schedule 2—

(1) for Tables 1, 2, 3, 4, and 5 of Part II there shall respectively be substituted the Tables set out in Schedule 5 to this order; and

(2) for the Table in Part III there shall be substituted the Table set out in Schedule 6 to this Order.

Section 16 Amendment of Schedule 4 (glossary of expressions)

Part I (warrants and orders) shall be amended as follows—

(1) in the first column (“item”) after item 14 there shall be inserted “14A”; and

(2) in the corresponding second column (“expression”) there shall be inserted “the 2005 Order”; and

(3) in the corresponding third column (“meaning”) there shall be inserted “the Armed Forces and Reserve Forces Compensation Scheme Order 2005 ”.

Section 17 Amendment of Schedule 7 (deductions for the purposes of article 56)

In Schedule 7 there shall be substituted the Table set out in Schedule 7 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

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—