BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2004 No. 708
URL: http://www.bailii.org/uk/legis/num_reg/2004/20040708.html

[New search] [Help]


2004 No. 708

PENSIONS

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

  Made 10th March 2004 
  Laid before Parliament 22nd March 2004 
  Coming into force 12th April 2004 

At the Court at Buckingham Palace, the 10th day of March 2004

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 section 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 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.

Amendments to the principal Order and application
     2. The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.


A.K. Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 2


AMENDMENTS TO THE PRINCIPAL ORDER


Amendment of article 9
     1. In article 9 (determination of degree of disablement) - 

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

Amendment of article 42A
     3. In article 42A (funeral expenses) - 

    (1) in paragraph (1) - 

    (2) in paragraph (3) - 

    (3) At the end insert - 

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

Amendment of Schedule 2
     5. In Schedule 2 (rates of provisions and allowances in respect of death due to service in the armed forces) - 

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



SCHEDULE 2
Schedule 1 paragraph 4


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




Table

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 MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART I OF THIS SCHEDULE
Degree of Disability Weekly rate Yearly rate
Per cent. £ £
100 127.40 6,648
90 114.66 5,983
80 101.92 5,318
70 89.18 4,654
60 76.44 3,989
50 63.70 3,324
40 50.96 2,659
30 38.22 1,994
20 25.48 1,330



SCHEDULE 3
Schedule 1 paragraph 4


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




Table 1

Article 11(1)

GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Description of Injury Assessments Groups 1-15
For the loss of: Per cent. £
A. FINGERS -     
Index Finger - more than 2 phalanges including loss of whole finger 14 5,951
More than 1 phalanx but not more than 2 phalanges 11 4,762
1 phalanx or part thereof 9 3,967
Guillotine amputation of tip without loss of bone 5 2,357
Middle finger - more than 2 phalanges including loss of whole finger 12 5,154
More than 1 phalanx but not more than 2 phalanges 9 3,967
1 phalanx or part thereof 7 3,171
Guillotine amputation of tip without loss of bone 4 1,983
Ring or little finger - more than 2 phalanges including loss of whole finger 7 3,171
More than 1 phalanx but not more than 2 phalanges 6 2,779
1 phalanx or part thereof 5 2,375
Guillotine amputation of tip without loss of bone 2 1,188
     
B. TOES -     
Great toe - through metatarso-phalangeal joint 14 5,951
Part, with some loss of bone 3 1,580
1 other toe - through metatarso-phalangeal joint 3 1,580
Part, with some loss of bone 1 810
2 toes, excluding great toe - through metatarso-phalangeal joint 5 2,375
Part, with some loss of bone 2 1,188
3 toes, excluding great toe - through metatarso-phalangeal joint 6 2,779
Part, with some loss of bone 3 1,580
4 toes, excluding great toe - through metatarso-phalangeal joint 9 3,967
Part, with some loss of bone 3 1,580



SCHEDULE 4
Schedule 1 paragraph 4


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




Table 2

Article 11(2)

GRATUITIES 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 Estimated duration of the disablement within the degree referred to
1-15 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
     £ £ £ £ £ £ £ £ £
     335 739 1,292 664 1,472 2,578 1,990 4,422 7,874



SCHEDULE 5
Schedule 1 paragraph 4


PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1




PART IV

RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

     Rates
Description of Allowance Groups 1-9 Groups 10-15
     1. Education allowance under article 13

 £120 per annum* £120 per annum*
     2. Constant attendance allowance under article 14 - 

    A. For decisions made before 9th April 2001

          
a) under article 14 (1)(b)

 £5,020 per annum* £96.20 per week *
b) under article 14 (1)(a)

 £2,510 per annum* £48.10 per week*
    B. For decisions made on or after 9th April 2001

          
a) the part day rate of constant attendance allowance under article 14(2);

 £1,255 per annum £24.05 per week
b) the full day rate of constant attendance allowance under article 14(3);

 £2,510 per annum £48.10 per week
c) the intermediate rate of constant attendance allowance under article 14(4);

 £3,765 per annum £72.15 per week
d) the exceptional rate of constant attendance allowance under article 14(5).

 £5,020 per annum £96.20 per week
     3. Exceptionally severe disablement allowance under article 15

 £2,510 per annum £48.10 per week
     4. Severe disablement occupational allowance under article 16

 £1,255 per annum £24.05 per week
     5. Allowance for wear and tear of clothing under article 17(1)

 £164 per annum £164 per annum
     6. Unemployability allowances - 

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

 £4,107 per annum £78.70 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)

 £2,314 per annum* £44.35 per week*
(ii) increase of allowance under article 18(5)(d) - 

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

 £537 per annum £10.30 per week
(bb) in respect of each other child of a member

 £631 per annum £12.10 per week
(cc) 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.

For decisions made on or after 9th April 2001

 £631 per annum £12.10 per week
c) the annual earnings figure for the purposes of article 18(2) is £3,744

          
d) the weekly income figure for the purposes of article 18(5)(b) is £55.65

          
     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

 £811 per annum £15.55 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

 £522 per annum £10.00 per week
c) if heads (a) and (b) do not apply and on the relevant date the member was under the age of 60

 £261 per annum £5.00 per week
     8. Comforts allowance

          
a) under article 20(1)(a)

 £1,075 per annum £20.60 per week
b) under article 20(1)(b)

 £537 per annum £10.30 per week
     9. Allowance for lowered standard of occupation under article 21

 £2,507 per annum* £48.04 per week*
     10. Age allowance under article 22 where the degree of pensioned disablement is - 

          
a) 40 to 50 per cent.

 £446 per annum £8.55 per week
b) over 50 per cent, but not exceeding 70 per cent.

 £684 per annum £13.10 per week
c) over 70 per cent, but not exceeding 90 per cent.

 £973 per annum £18.65 per week
d) over 90 per cent.

 £1,367 per annum £26.20 per week
     11. For decisions made before 9th April 2001 Treatment allowance -  increase of personal allowances under article 23(3)

 £1,367 per annum* £26.20 per week*
     12. Part-time treatment allowance under article 25

 £58.40 per day* £58.40 per day*
     13. Mobility supplement under article 26A

 £2,392 per annum £45.85 per week

*maximum



SCHEDULE 6
Schedule 1 paragraph 4



PART VI

ASSESSMENT OF DISABLEMENT IN RESPECT OF NOISE INDUCED SENSORINEURAL HEARING LOSS


Table 1
Average of hearing losses (dB) at 1, 2 and 3 kHz frequencies Degree of Disablement per cent.
50 - 53 dB 20
54 - 60 dB 30
61 - 66 dB 40
67 - 72 dB 50
73 - 79 dB 60
80 - 86 dB 70
87 - 95 dB 80
96 - 105 dB 90
106 dB or more 100



SCHEDULE 7
Schedule 1 paragraph 5


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




PART II

RATES OF PENSIONS AND ALLOWANCES





Table 1

Article 29(1)(a)




YEARLY RATES OF PENSIONS FOR WIDOWS AND WIDOWERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

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 5,817
2 5,610
3 5,478
4 5,360
5 5,278
6 5,202
7 5,175
8 5,136
9 5,116
10 5,096
11 5,064



Table 2

Article 29(1)(a)




WEEKLY RATE OF PENSION FOR WIDOWS AND WIDOWERS OF RATINGS, SOLDIERS OR AIRMEN
Group Weekly Rate
(1) (2)
     £
12 }

13 }

14 }

15 }

16 }

17 }



96.50



Table 3

Article 29(1)(a)




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

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 5,948
2 5,686
3 5,554
4 5,424
5 5,321
6 5,214
7 5,184
8 5,136
9 5,116
10 5,096
11 5,064



Table 4

Article 29(1)(b)




YEARLY RATES OF PENSIONS FOR WIDOWS AND WIDOWERS OF OFFICERS WHO WERE MEMBERS OF THE FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921
Group Yearly rate
(1) (2)
     £
1 5,817
2 5,610
3 5,478
4 5,360
5 5,278
6 5,202
7 5,175
8 1,784
9 1,590
10 1,399
11 1,238



Table 5

Article 29(1)(b)




WEEKLY RATE OF PENSION FOR CHILDLESS WIDOWS AND WIDOWERS AGED UNDER 40 BEING WIDOWS OR WIDOWERS OF RATINGS, SOLDIERS OR AIRMEN
Group Weekly rate
(1) (2)
     £
12 }

13 }

14 }

15 }

16 }

17 }



23.13



SCHEDULE 8
Schedule 1 paragraph 5


PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2




PART III

RATES OF PENSIONS, OTHER THAN WIDOWS' OR WIDOWERS' PENSIONS, AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

     Rates
Description of Pension or Allowance Groups 1-11 Groups 12-17
     1. Pension under article 30 to unmarried dependant who lived as a spouse

 £4,913 per annum3* £94.15 per week*
     2. Rent allowance under article 31

 £1,899 per annum* £36.40 per week*
     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

 £577 per annum £11.05 per week
b) if aged 70 but under 80

 £1,104 per annum £21.15 per week
c) if aged 80 or over

 £1,638 per annum £31.40 per week
     4. Allowances in respect of children - 

          
a) where the decision is made before 9th April 2001, under article 35(1) and, where the decision is made on or after that date, under article 35(2)(a)

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

 £793 per annum £15.20 per week
(ii) in respect of each other child of a member

 £884 per annum £16.95 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

 £884 per annum £16.95 per week
b) where the decision is made before 9th April 2001, under article 35(3) and, where the decision is made on or after that date, under article 35(2)(b)

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

 £900 per annum £17.25 per week
(ii) in respect of each other child of a member

 £989 per annum £18.95 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

 £989 per annum £18.95 per week
     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 - 

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

 £900 per annum £17.25 per week
b) in respect of each other child of a member

 £989 per annum £18.95 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

 £989 per annum £18.95 per week
     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

 £3,869 per annum * £74.15 per week*
     7. Education allowance under article 38

 £120 per annum* £120 per annum*
     8. 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*

(ii) Group 11

£60 per annum*

£1.38 per week*
(ii) where there is more than one eligible parent

 (i) Groups 1-10

£100 per annum*

(ii) Group 11

£85 per annum*

£1.00 per week*
c) increase under article 40(3)(c)

 £20 per annum* (i) Where there is only one eligible parent - 

£0.38 per week 6*

(ii) Where there is more than one eligible parent - 

£0.62 per week*
d) under paragraph (d) of article 40(4)

      £1.00 per week*
     9. Pension to other dependants - 

          
a) under article 41(2)

 £54 per annum* £1.00 per week*
b) for each juvenile dependant under article 41(3)

 (i) Groups 1-10

£26 per annum*

(ii) Group 11

£20 per annum*

 £0.30 per week*
c) aggregate rate under article 41(3)

 (i) Groups 1-10

£75 per annum*

(ii) Group 11

£65 per annum*

 £1.00 per week*

*maximum



SCHEDULE 9
Schedule 1 paragraph 6





SCHEDULE 7
Article 56


DEDUCTIONS FOR THE PURPOSES OF ARTICLE 56



Table
Allowance/Pension Date of Deduction Weekly Rate of Deduction
Constant attendance allowance (article 14) After 4 weeks of falling within article 56 paragraph (1) Total amount of Constant attendance allowance
Severe disablement occupational allowance (article 16) After 4 weeks of falling within article 56 paragraph (1) Total amount of Severe disablement occupational allowance
Unemployability personal allowance (article 18) After 8 weeks of falling within article 56 paragraph (1) where that has been reached on or before 30th September 2003 and after 13 weeks of falling within article 56 paragraph (1) where that has been reached on or after 1st October 2003 and on or before 11th April 2004 and in any other case after 52 weeks of falling within article 56 paragraph (1) (i) Where member has no partner, spouse or dependants - £30.25

(ii) Where member has partner, spouse or dependants - £15.90
Unemployability allowance increase for wife, husband, unmarried dependant living as a spouse or adult dependant (article 18) (i) After 8 weeks of falling within article 56 paragraph (1) where that has been reached on or before 30th September 2003 and after 13 weeks of falling within article 56 paragraph (1) where that has been reached on or after 1st October 2003 and on or before 11th April 2004 and in any other case after 52 weeks of falling within article 56 paragraph (1)

(ii) After 104 weeks of falling within article 56 paragraph (1)

 (i) £15.90

(ii) £30.25
Invalidity allowance (article 19) After 52 weeks of falling within article 56 paragraph (1) (i) Where member has no dependants - total amount of Invalidity allowance

(ii) Where member has dependants - nil
War widows pension and war widowers pension (article 29) and pension paid to an unmarried dependant who lived as spouse (article 30) After 52 weeks of falling within article 56 paragraph (1) £30.25


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) 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.

Paragraph 1 of Schedule 1 amends article 9 of the principal Order to provide that disablement in respect of noise-induced sensorineural hearing loss is to be assessed on a final basis. The assessment is to take account only of hearing loss due to service and is not to include any hearing loss due to age or other factors arising after service. The degree of hearing loss is to be measured by audiometric tests conducted at or about the termination of service (where available). The degree of disablement referable to noise-induced sensorineural hearing loss is to be determined in accordance with paragraphs (4A) to (4E) and Table 1 of Part VI of Schedule 1 which is inserted by Schedule 6 to this Order.

Paragraph 2 of Schedule 1 increases the amount of a widow's or widower's pension payable under article 29 of the principal Order.

Paragraph 3 of Schedule 1 amends article 42A (funeral expenses) of the principal Order to allow funeral expenses to be paid in respect of funerals which take place on or after 12th April 2004 outside the British Islands and the Republic of Ireland. Article 42A is also amended so that a maximum of £1400 is applied to the funeral expenses which may be payable in respect of all funerals which take place on or after 12th April 2004.

Paragraphs 4 and 5 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,

Paragraph 6 of Schedule 1 amends Schedule 7 to the principal Order by substituting a new table, thereby varying the amounts to be deducted under article 56. Unemployability allowance will be subject to deduction under article 56 on or after 12th April 2004 after a period of 52 weeks hospitalisation rather than 13 weeks.

This Order does not impose any costs on business.

Notes:

 [1] S.I.1983/883, as amended by S.I.1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592, 1987/165, 1988/248, 2248, 1989/156, 1990/250, 1308, 1991/766, 1992/710, 3208, 1993/598, 1994/772, 1906, 1995/766, 1996/732, 1638 and 2882, 1997/286, 1998/262, 1999/294, 2000/252, 2001/409, 2002/792 and 2003/434.back

[2] 1977 c. 5.back

[3] 28 & 29 Vict c. 73.back

[4] 47 & 48 Vict c..55.back

[5] 7 & 8 Geo 5 c. 51.back

[6] 1992 c. 4.back


ISBN 0 11 048897 0


  © Crown copyright 2004

Prepared 22 March 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2004/20040708.html