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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 No. 598 URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_1993598_en.html |
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Statutory Instruments
PENSIONS
Made
10th March 1993
Laid before Parliament
22nd March 1993
Coming into force
for the purposes of articles 1, 10 and 14
1st April 1993
for all other purposes
12th April 1993
At the Court at Buckingham Palace, the 10th day of March 1993
Present,
The Queen's Most Excellent Majesty in Council
WHEREAS Her Majesty deems it expedient to amend the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(1) and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(2):
NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act of 1977 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.-(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.
2. 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.
3. In article 10 of the principal Order (pension for disablement) for the word "Tables" there shall be substituted the word "Table".
4. 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".
5. 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.".
6. 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,".
7. 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,".
8. 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".
9. 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".
10. 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".
11. 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.
12. After article 63 of the principal Order (refusal of treatment) there shall be inserted the following article-
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.".
13.-(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.
14. 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(3); or";
(b)paragraph (ccc) shall be omitted.
15. 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).
16.-(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.
N. H. Nicholls
Clerk of the Privy Council
Article 13(1)(a)
Article 10
1. WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART I OF THIS SCHEDULE.
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.
| Degree of Disability | Weekly rate | Yearly rate |
|---|---|---|
| Per cent. | £ | £ |
| 100 | 97.20 | 5,072 |
| 90 | 87.48 | 4,565 |
| 80 | 77.76 | 4,058 |
| 70 | 68.04 | 3,550 |
| 60 | 58.32 | 3,043 |
| 50 | 48.60 | 2,536 |
| 40 | 38.88 | 2,029 |
| 30 | 29.16 | 1,522 |
| 20 | 19.44 | 1,014 |
Article 13(1)(b)
Article 11(1)
| Description of Injury | Assessments | Groups | Groups |
|---|---|---|---|
| 1-�9 | 10-�15 | ||
| For the loss of: | Per cent | £ | £ |
A. FINGERS-�
| 14 | 4,620 | 4,590 |
| More than 1 phalanx, but not more than 2 phalanges | 11 | 3,698 | 3673 |
| 1 phalanx or part thereof | 9 | 3,080 | 3,060 |
| Guillotine amputation of tip without loss of bone | 5 | 1,844 | 1,834 |
| 12 | 4,002 | 3,977 |
| More than 1 phalanx, but not more than 2 phalanges | 9 | 3,080 | 3,060 |
| 1 phalanx or part thereof | 7 | 2,462 | 2,447 |
| Guillotine amputation of tip without loss of bone | 4 | 1,540 | 1,530 |
| 7 | 2,462 | 2,447 |
| More than 1 phalanx, but not more than 2 phalanges | 6 | 2,158 | 2,143 |
| 1 phalanx or part thereof | 5 | 1,844 | 1,834 |
| Guillotine amputation of tip without loss of bone | 2 | 922 | 917 |
B. TOES-�
| 14 | 4,620 | 4,590 |
| part, with some loss of bone | 3 | 1,226 | 1,221 |
| 1 other toe-� through metatarsophalangeal joint | 3 | 1,226 | 1,221 |
| part, with some loss of bone | 1 | 618 | 613 |
2 toes, excluding great toe-�
| 5 | 1,844 | 1,834 |
| part, with some loss of bone | 2 | 922 | 917 |
3 toes, excluding great toe-�
| 6 | 2,158 | 2,143 |
| 3 | 1,226 | 1,221 |
4 toes, excluding great toe-�
| 9 | 3,080 | 3,060 |
| 3 | 1,226 | 1,221 |
Article 13(1)(b)
Article 11(2)
| Estimated duration of the disablement within the degree referred to | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Group | Temporary less than a year | Temporary more than a year | Indeterminate | ||||||
| Per cent. | Per cent. | Per cent. | |||||||
| 1-�5 | 6-�14 | 15-�19 | 1-�5 | 6-�14 | 15-�19 | 1-�5 | 6-�14 | 15-�19 | |
| £ | £ | £ | £ | £ | £ | £ | £ | £ | |
| 1 | 265 | 589 | 1029 | 529 | 1175 | 2057 | 1587 | 3527 | 6172 |
| 3 | 263 | 584 | 1022 | 525 | 1166 | 2041 | 1575 | 3500 | 6125 |
| 4 | 261 | 580 | 1014 | 521 | 1157 | 2025 | 1563 | 3473 | 6078 |
| 5 | 259 | 577 | 1008 | 519 | 1151 | 2015 | 1555 | 3455 | 6046 |
| 6 | 258 | 574 | 1003 | 516 | 1145 | 2004 | 1547 | 3437 | 6015 |
| 7,8 | 256 | 569 | 995 | 512 | 1136 | 1988 | 1535 | 3410 | 5968 |
| 9 | 254 | 565 | 987 | 508 | 1127 | 1973 | 1523 | 3383 | 5920 |
| 10 | 255 | 566 | 989 | 510 | 1130 | 1977 | 1522 | 3381 | 5912 |
| 11 | 255 | 565 | 988 | 509 | 1129 | 1974 | 1520 | 3376 | 5903 |
| 12 | 254 | 565 | 986 | 508 | 1127 | 1971 | 1518 | 3371 | 5894 |
| 13 | 254 | 564 | 985 | 508 | 1125 | 1968 | 1516 | 3366 | 5886 |
| 14 | 253 | 563 | 983 | 507 | 1124 | 1965 | 1513 | 3361 | 5877 |
| 15 | 253 | 562 | 982 | 506 | 1122 | 1962 | 1511 | 3356 | 5868 |
Article 13(1)(c)
| Rate | ||
|---|---|---|
| Description of Allowance | Groups 1-�9 | Groups 10-�15 |
1. Education allowance under article 13 | £120 per annum (maximum) | £120 per annum (maximum) |
2. Constant attendance allowance-� (a)under article 14(1)(b) | £3830 per annum (maximum) | £73.40 per week (maximum) |
(b)under article 14(1)(a) | £1915 per annum (maximum) | £36.70 per week (maximum) |
3. Exceptionally severe disablement allowance under article 15 | £1915 per annum | £36.70 per week |
4. Severe disablement occupational allowance under article 16 | £958 per annum | £18.35 per week |
5. Allowance for wear and tear of clothing-� (a)under article 17(1)(a) | £79 per annum | £79 per annum |
(b)under article 17(1)(b) & 17(2) | £124 per annum | £124 per annum |
6. Unemployability allowances-� (a)personal allowances under article 18(1)(a) | £3107 per annum | £59.55 per week |
(b)additional allowances for dependants by way of-� (i)increase of allowance in respect of a wife, husband or unmarried dependant living as a spouse or an adult dependant, under article 18(5)(b) | £1758 per annum (maximum) | £33.70 per week (maximum) |
(ii)increase of allowance under article 18(5)(d)-� (a)in respect of the only, elder or the eldest child of a member | £511 per annum | £9.80 per week |
(b)in respect of each other child of a member | £571 per annum | £10.95 per week |
(c)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £571 per annum | £10.95 per week |
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 | £624 per annum | £11.95 per week |
(b)if-� (i)on the relevant date the member was under the age of 45; or (ii)on the relevant date the member was under the age of 50 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 | £391 per annum | £7.50 per week |
(c)If heads (a) and (b) do not apply, and on the relevant date the member was a man under the age of 60 or a woman under the age of 55 | £196 per annum | £3.75 per week |
8. Comforts allowance-� (a)under article 20(1)(a) | £819 per annum | £15.70 per week |
(b)under article 20(1)(b) | £410 per annum | £7.85 per week |
9. Allowance for lowered standard of occupation under article 21 | £1912 per annum (maximum) | £36.64 per week (maximum) |
10. Age allowance under article 22 where the degree of pensioned disablement is-� (a)40 to 50 per cent. | £339 per annum | £6.50 per week |
(b)over 50 per cent, but not exceeding 70 per cent. | £522 per annum | £10.00 per week |
(c)over 70 per cent, but not exceeding 90 per cent. | £746 per annum | £14.30 per week |
(d)over 90 per cent. | £1044 per annum | £20.00 per week |
11. Treatment allowances-� increase of personal allowances under article 23(3) | £1044 per annum | £20.00 per week |
12. Part-time treatment allowance under article 25 | £41.40 per day (maximum) | £41.40 per day (maximum) |
13. Mobility supplement under article 26A | £1821 per annum | £34.90 per week |
Article 13(2)(a)
Article 29(1)(a)
PENSIONS OTHER THAN PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER.
| Group | Yearly rate |
|---|---|
| £ | |
| 1 | 4414 |
| 2 | 4254 |
| 3 | 4154 |
| 4 | 4064 |
| 5 | 4004 |
| 6 | 3944 |
| 7 | 3924 |
| 8 | 3894 |
| 9 | 3879 |
| 10 | 3864 |
| 11 | 3839 |
Article 29(1)(a)
| Group | Weekly rate |
|---|---|
| (1) | (2) |
| £ | |
| 12 | |
| 13 | |
| 14 | £73.15 |
| 15 | |
| 16 | |
| 17 | £72.90 |
Article 29(1)(a)
PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER.
| Group | Yearly rate |
|---|---|
| (1) | (2) |
| £ | |
| 1 | 4514 |
| 2 | 4314 |
| 3 | 4214 |
| 4 | 4114 |
| 5 | 4034 |
| 6 | 3954 |
| 7 | 3930 |
| 8 | 3894 |
| 9 | 3879 |
| 10 | 3864 |
| 11 | 3839 |
Article 29(1)(b)
| Group | Yearly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 1 | 4414 |
| 2 | 4254 |
| 3 | 4154 |
| 4 | 4064 |
| 5 | 4004 |
| 6 | 3944 |
| 7 | 3924 |
| 8 | 1349 |
| 9 | 1204 |
| 10 | 1060 |
| 11 | 937 |
Article 29(1)(b)
| Group | Weekly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 12 | |
| 13 | |
| 14 | 17.08 |
| 15 | |
| 16 | |
| 17 | 16.83 |
Article 13(2)(b)
| Rate | ||
|---|---|---|
| Description of Pension or Allowance | Groups 1-�11 | Groups 12-�17 |
1. Pension under article 30 to unmarried dependant who lived as a spouse | £3697 per annum (maximum) | £70.85 per week (maximum) |
2. Rent allowance under article 31 | £1448 per annum (maximum) | £27.75 per week (maximum) |
3. Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as spouse-� (a)if age 65 but under 70 | £436 per annum | £8.35 per week |
(b)if age 70 but under 80 | £840 per annum | £16.10 per week |
(c)if age 80 or over | £1250 per annum | £23.95 per week |
4. Pension to widower under article 34 | £4514 per annum (maximum) | £73.15 per week (maximum) |
5. Allowances in respect of children-� (a)under article 35(1)-� (i)in respect of the only, elder or eldest child of a member | £723 per annum | £13.85 per week |
(ii)in respect of each other child of a member | £783 per annum | £15.00 per week |
(iii)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £783 per annum | £15.00 per week |
(b)under article 35(3)-� (i)in respect of the only, elder or eldest child of a member | £806 per annum | £15.45 per week |
(ii)in respect of each other child of a member | £866 per annum | £16.60 per week |
(iii)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £866 per annum | £16.60 per week |
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 | £806 per annum | £15.45 per week |
(b)in respect of each other child of a member | £866 per annum | £16.60 per week |
(c)where the child does not qualify for child benefit under the Child Benefit Act 1975 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £866 per annum | £16.60 per week |
7. Pension or allowance under article 37(3) to or in respect of a child over the age limit | £2927 per annum (maximum) | £56.10 per week (maximum) |
8. Education allowance under article 38 | £120 per annum (maximum) | £120 per annum (maximum) |
9. Pensions to parents-� (a)Minimum rate under article 40(3) | £15 per annum | £0.25 per week |
(b)under paragraphs (a) and (b) of article 40(3)-� (i)where there is only one eligible parent | (i)Groups 1-�10 £75 per annum (maximum) | £1.00 per week (maximum) |
(ii)Group 11 £60 per annum (maximum) | ||
(ii)where there is more than one eligible parent | (i)Groups 1-�10 £100 per annum (maximum) | £1.38 per week (maximum) |
(ii)Group 11 £85 per annum (maximum) | ||
(c)increase under article 40(3)(c) | £20 per annum (maximum) | (i)where there is only one eligible parent-� £0.38 per week (maximum) (ii)where there is more than one eligible parent-� £0.62 per week (maximum) |
(d)under paragraph (d) of article 40(4) | -� | £1.00 per week (maximum) |
10. Pension to other dependants-� (a)under article 41(2) | £54 per annum (maximum) | £1.00 per week (maximum) |
(b)for each juvenile dependant under article 41(3) | (i)Groups 1-�10 £26 per annum (maximum) | £0.30 per week (maximum) |
(ii)Group 11 £20 per annum (maximum) | ||
(c)aggregate rate under article 41(3) | (i)Groups 1-�10 £75 per annum (maximum) | £1.00 per week (maximum) |
(ii)Group 11 £65 per annum (maximum) |
(This note is not part of the Order)
This Order further amends the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (the principal Order) which makes provision for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces during the 1914 World War and after 2nd September 1939.
Article 4 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowance under article 18 of the principal Order.
Articles 5, 6 and 7 of this Order amend articles 23, 24 and 25 of the principal Order respectively to provide that a treatment allowance may be payable only where there has been a loss of earnings.
Article 8 of this Order amends article 26 of the principal Order to enable medical expenses to be defrayed where they arise wholly or mainly from the disablement due to service.
Articles 10 and 14 of this Order amend article 31 of, and Part II of Schedule 4 to, the principal Order as a consequence of the abolition of community charge and the introduction of council tax on 1st April 1993.
Article 11 of this Order abolishes the restoration of pensions to certain classes of widows on the death of their second husbands from 12th April 1993 with transitional provisions and provides for the awarding of gratuities.
Article 12 of this Order makes provision to invalidate any assignment or charge on a pension.
Article 13 of this Order substitutes tables in the Schedule in the principal Order thereby abolishing rank additions and varying the rates of retired pay, pension, gratuities and allowance in respect of disablement or death due to service in the armed forces. As a consequence of the abolition of rank additions, articles 7, 10 and 29 of the principal Order have been amended (articles 2 and 9).
Article 15 of this Order abolishes education allowances, pensions to parents and other dependants and pensions to certain special classes of disabled servicemen.
Article 16 provides saving provisions.
