The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2000 No. 252


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Statutory Instruments

2000 No. 252

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2000

Made

8th February 2000

Laid before Parliament

16th February 2000

Coming into force

10th April 2000

At the Court at Buckingham Palace, the 8th day of February 2000

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) 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 section 3 of the Naval and Marine Pay and Pensions Act 1865(3), section 2(1) of the Pensions and Yeomanry Pay Act 1884(4), section 2(1) of the Air Force (Constitution) Act 1917(5), and 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:-�

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2000 and shall come into force on 10th April 2000.

(2) In this Order, "the principal Order" means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.

Amendment of article 18 of the principal Order

2. In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount "£3,016" there shall be substituted the amount " £3,042".

Amendment of article 29 of the principal Order

3. In article 29 of the principal Order (pensions to widows) in paragraph (1A) for the amount "£56.45" there shall be substituted the amount " £57.07".

Amendment of Schedules to the principal Order

4.-(1) In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances in respect of disablement)-�

(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 (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; and

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

A. K. Galloway

Clerk of the Privy Council

Article 4(1)(a)

SCHEDULE 1TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT IN PART II OF SCHEDULE 1

Article 10

TABLE

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

Degree of DisabilityWeekly rateYearly rate
Per cent.££
100116.006,053
90104.405,448
8092.804,842
7081.204,237
6069.603,632
5058.003,027
4046.402,421
3034.801,816
2023.201,211

Article 4(1)(b)

SCHEDULE 2TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1

Article 11(1)

TABLE 1GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Description of InjuryAssessmentsGroups 1-�15
For the loss of:Per cent.£
A. FINGERS-�

Index Finger-�

  • More than 2 Phalanges including loss of whole finger

145,513

  • More than 1 phalanx but not more than 2 phalanges

114,412

  • 1 phalanx or part thereof

93,675

  • Guillotine amputation of tip without loss of bone

52,200

Middle Finger-�

  • More than 2 Phalanges including loss of whole finger

124,775

  • More than 1 phalanx but not more than 2 phalanges

93,675

  • 1 phalanx or part thereof

72,938

  • Guillotine amputation of tip without loss of bone

41,837

Ring or little finger-�

  • More than 2 Phalanges including loss of whole finger

72,938

  • More than 1 phalanx but not more than 2 phalanges

62,575

  • 1 phalanx or part thereof

52,200

  • Guillotine amputation of tip without loss of bone

21,101
B. TOES-�

Great toe-�

  • through metatarso-�phalangeal joint

145,513

  • part, with some loss of bone

31,464

1 other toe-�

  • through metatarso-�phalangeal joint

31,464

  • part, with some loss of bone

1738

2 toes, excluding great toe-�

  • through metatarso-�phalangeal joint

52,200

  • part, with some loss of bone

21,101

3 toes, excluding great toe-�

  • through metatarso-�phalangeal joint

62,575

  • part, with some loss of bone

31,464

4 toes, excluding great toe-�

  • through metatarso-�phalangeal joint

93,675

  • part, with some loss of bone

31,464

Article 4(1)(b)

SCHEDULE 3TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1

Article 11(2)

TABLE 2GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1

Groups 1-�15Estimated duration of the disablement within the degree referred to
Temporary less than a yearTemporary more than a yearIndeterminate
Per cent.Per cent.Per cent.
1-�56-�1415-�191-�56-�1415-�191-�56-�1415-�19
£££££££££
3066841,1976151,3642,3881,8444,0977,169

Article 4(1)(c)

SCHEDULE 4PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1

PART IVRATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT

Rate
Description of AllowanceGroups 1-�9Groups 10-�15
a

*maximum

1. Education allowance under article 13

£120 per annum*a£120 per annum*a

2. Constant attendance allowance

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

£4,571 per annum*a£87.60 per week*a

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

£2,285 per annum*a£43.80 per week*a

3. Exceptionally severe disablement allowance under article 15

£2,285 per annum£43.80 per week

4. Severe disablement occupational allowance under article 16

£1,143 per annum£21.90 per week

5. Allowance for wear and tear of clothing under article 17(1)

£149 per annum£149 per annum

6. Unemployability allowances-�

(a)personal allowance under article 18(1)(a)

£3,739 per annum£71.65 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)

£2,108 per annum*a£40.40 per week*a

(ii)increase of allowance under article 18(5)(d)-�

(a)in respect of the only, elder or the eldest child of a member

£514 per annum£9.85 per week

(b)in respect of each other child of a member

£592 per annum£11.35 per week

(c)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992(6), or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£592 per annum£11.35 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

£741 per annum£14.20 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

£470 per annum£9.00 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

£235 per annum£4.50 per week

8. Comforts allowance-�

(a)under article 20(1)(a)

£981 per annum£18.80 per week

(b)under article 20(1)(b)

£490 per annum£9.40 per week

9. Allowance for lowered standard of occupation under article 21

£2,281 per annum*a£43.72 per week*a

10. Age allowance under article 22 where the degree of pensioned disablement is-�

(a)40 to 50 per cent.

£404 per annum£7.75 per week

(b)over 50 per cent, but not exceeding 70 per cent.

£624 per annum£11.95 per week

(c)over 70 per cent, but not exceeding 90 per cent.

£887 per annum£17.00 per week

(d)over 90 per cent.

£1,247 per annum£23.90 per week

11. Treatment allowances-�increase of personal allowances under article 23(3)

£1,247 per annum*a£23.90 per week*a

12. Part-time treatment allowance under article 25

£53.15 per day*a£53.15 per day*a

13. Mobility supplement under article 26A

£2,176 per annum£41.70 per week

Article 4(2)(a)

SCHEDULE 5TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4 AND 5 OF PART II OF SCHEDULE 2

PART IIRATES OF PENSIONS AND ALLOWANCES

Article 29(1)(a)

TABLE IYEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14TH AUGUST 1914 OR AFTER 30TH SEPTEMBER 1921PENSIONS 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

GroupYearly rate
£
15,296
25,107
34,987
44,880
54,805
64,736
74,712
84,676
94,658
104,640
114,611

Article 29(1)(a)

TABLE 2WEEKLY RATES OF PENSIONS FOR WIDOWS OF RATINGS, SOLDIERS OR AIRMEN

GroupWeekly Rate
(1)(2)
£

12

13

14

15

16

87.85
1787.55

Article 29(1)(a)

TABLE 3YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES BETWEEN 14TH AUGUST 1914 AND 30TH SEPTEMBER 1921PENSIONS 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

GroupYearly rate
(1)(2)
£
15,415
25,177
35,057
44,938
54,844
64,747
74,720
84,676
94,658
104,640
114,611

Article 29(1)(b)

TABLE 4YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES BEFORE 14TH AUGUST 1914 OR AFTER 30TH SEPTEMBER 1921

GroupYearly rate
(1)(2)
£
15,296
25,107
34,987
44,880
54,805
64,736
74,712
81,623
91,448
101,274
111,127

Article 29(1)(b)

TABLE 5WEEKLY RATES OF PENSION FOR CHILDLESS WIDOWS AGED UNDER 40 BEING WIDOWS OF RATINGS, SOLDIERS OR AIRMEN

GroupWeekly rate
(1)(2)
£

12

13

14

15

16

20.55
1720.25

Article 4(2)(b)

SCHEDULE 6PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2

PART IIIRATES OF PENSIONS, OTHER THAN WIDOWS' PENSIONS, AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Rate
Description of Pension or AllowanceGroups 1-�11Groups 12-�17
a

*maximum

1. Pension under article 30 to unmarried dependant who lived as a spouse

£4,461 per annum*a£85.50 per week*a

2. Rent allowance under article 31

£1,727 per annum*a£33.10 per week*a

3. Allowance under article 32 to elderly widow or widower or unmarried dependant who lived as a spouse-�

(a)if aged 65 but under 70

£522 per annum£10.00 per week

(b)if aged 70 but under 80

£1,002 per annum£19.20 per week

(c)if aged 80 or over

£1,492 per annum£28.60 per week

4. Pension to widower under article 34

£5,415 per annum*a£87.85 per week*a

5. Allowances in respect of children-�

(a)under article 35(1)-�

(i)in respect of the only, elder or eldest child of a member

£749 per annum£14.35 per week

(ii)in respect of each other child of a member

£827 per annum£15.85 per week

(iii)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£827 per annum£15.85 per annum

(b)under article 35(3)-�

(i)in respect of the only, elder or eldest child of a member

£845 per annum£16.20 per week

(ii)in respect of each other child of a member

£924 per annum£17.70 per week

(iii)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£924 per annum£17.70 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

£845 per annum£16.20 per week

(b)in respect of each other child of a member

£924 per annum£17.70 per week

(c)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£924 per annum£17.70 per week

7. Pension or allowance under article 37(3) to or in respect of a child over the age limit

£3,522 per annum*a£67.50 per week*a

8. Education allowance under article 38

£120 per annum*a£120 per annum*a

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)Group 1-�10

£75 per annum*a

£1.00 per week*a

(ii)Group 11

£60 per annum*a

(ii)where there is more than one eligible parent

(i)Group 1-�10

£100 per annum*a

£1.38 per week*a

(ii)Group 11

£85 per annum*a

(c)increase under article 40(3)(c)

£20 per annum*a

(i)where there is only one eligible parent-�

£0.38 per week*a

(ii)where there is more than one eligible parent-�

£0.62 per week*a

(d)under paragraph (d) of article 40(4)

£1.00 per week*a

10. Pension to other dependants-�

(a)under article 41(2)

£54 per annum*a£1.00 per week*a

(b)for each juvenile dependant under article 41(3)

(i)Groups 1-�10

£26 per annum*a

£0.30 per week*a

(ii)Group 11

£20 per annum*a

(c)aggregate rate under article 41(3)

(i)Groups 1-�10

£75 per annum*a

£1.00 per week*a

(ii)Group 11

£65 per annum*a

Explanatory Note

(This note is not part of the Order)

This Order 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.

Article 2 increases the maximum amount of annual earnings which may be received by a disabled person whilst he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order.

Article 3 increases the amount of a widow's pension payable under article 29 of the principal Order.

Article 4(1) and (2) substitute tables in Schedules 1 and 2 to the principal Order thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

This Order does not impose any costs on business.

(3)

28 & 29 Vict c. 73.

(4)

47 & 48 Vict c. 55.

(5)

7 & 8 Geo 5 c. 51.

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