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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 2022 No. 147 URL: http://www.bailii.org/uk/legis/num_reg/2022/uksi_2022147_en_1.html |
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Statutory Instruments
Pensions
Made
16th February 2022
Laid before Parliament
23rd February 2022
Coming into force
11th April 2022
At the Court at Windsor Castle, the 16th day of February 2022
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty considers it expedient to amend the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006( 1).
ACCORDINGLY, Her Majesty, in exercise of the powers conferred upon Her by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977( 2) and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
1. This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2022 and comes into force on 11th April 2022.
2. The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“ the principal Order”) is amended as follows.
3. In article 20 of the principal Order( 3), in paragraph (1), after sub-paragraph (c)(iv) insert—
“(v) has been in receipt of the mobility component of adult disability payment at the enhanced rate given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018( 4) ; or ”.
4. In Schedule 1 to the principal Order—
(a) for the table in Part 2 substitute the table in Schedule 1 to this Order;
(b) for tables 1 and 2 in Part 3 substitute tables 1 and 2 in Schedule 2 to this Order; and
(c) for the table in Part 4 substitute the table in Schedule 3 to this Order.
5. In Schedule 2 to the principal Order—
(a) for tables 1, 2, 3, 4, 5, 6 and 7 in Part 2 substitute tables 1, 2, 3, 4, 5, 6 and 7 in Schedule 4 to this Order; and
(b) for the table in Part 3 substitute the table in Schedule 5 to this Order.
Ceri King
Deputy Clerk of the Privy Council
Article 4(a)
“1. WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE
2. YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE
| Degree of Disablement | Weekly Rate | Yearly Rate |
|---|---|---|
| Per Cent | £ | £ |
| 100 | 200.00 | 10,436 |
| 90 | 180.00 | 9,392 |
| 80 | 160.00 | 8,349 |
| 70 | 140.00 | 7,305 |
| 60 | 120.00 | 6,262 |
| 50 | 100.00 | 5,218 |
| 40 | 80.00 | 4,174 |
| 30 | 60.00 | 3,131 |
| 20 | 40.00 | 2,087 ” |
Article 4(b)
| Description of Injury | Assessments | Groups 1-15 | |
|---|---|---|---|
| For the loss of | Per Cent | £ | |
| A. FINGERS | |||
| Index finger— | |||
| More than 2 phalanges including the loss of whole finger | 14 | 9,513 | |
| More than 1 phalanx but not more than 2 phalanges | 11 | 7,611 | |
| 1 phalanx or part thereof | 9 | 6,341 | |
|
Guillotine amputation of tip without loss of bone |
5 | 3,794 | |
| Middle finger— | |||
| More than 2 phalanges including the loss of whole finger | 12 | 8,240 | |
| More than 1 phalanx but not more than 2 phalanges | 9 | 6,341 | |
| 1 phalanx or part thereof | 7 | 5,070 | |
|
Guillotine amputation of tip without loss of bone |
4 | 3,167 | |
| Ring or little finger— | |||
| More than 2 phalanges including the loss of whole finger | 7 | 5,070 | |
| More than 1 phalanx but not more than 2 phalanges | 6 | 4,445 | |
| 1 phalanx or part thereof | 5 | 3,794 | |
|
Guillotine amputation of tip without loss of bone |
2 | 1,900 | |
| B. TOES | |||
| Great toe— | |||
| Through metatarso-phalangeal joint | 14 | 9,513 | |
| Part, with some loss of bone | 3 | 2,529 | |
| 1 other toe— | |||
| Through metatarso-phalangeal joint | 3 | 2,529 | |
| Part, with some loss of bone | 1 | 1,274 | |
| 2 toes, excluding great toe— | |||
| Through metatarso-phalangeal joint | 5 | 3,794 | |
| Part, with some loss of bone | 2 | 1,900 | |
| 3 toes, excluding great toe— | |||
| Through metatarso-phalangeal joint | 6 | 4,445 | |
| Part, with some loss of bone | 3 | 2,529 | |
| 4 toes, excluding great toe— | |||
| Through metatarso-phalangeal joint | 9 | 6,341 | |
| Part, with some loss of bone | 3 | 2,529 | |
| Assessment of degree of disablement | |||
|---|---|---|---|
| Groups 1-15 | 1 to 5 per cent | 6 to 14 per cent | 15 to 19 per cent |
| £3,181 | £7,072 | £12,369 ” | |
Article 4(c)
| Description of Allowance | Rate | ||||
|---|---|---|---|---|---|
| Groups 1-9 | Groups 10-15 | ||||
|
(*)
maximum amount payable. | |||||
|
(a)
1992 c. 4 . ” | |||||
| 1. Constant attendance allowance— | |||||
| (a) | under article 8— | ||||
| (i) the part day rate of constant attendance allowance under paragraph (2) | £1,970 per annum | £37.75 per week | |||
| (ii) the full day rate of constant attendance allowance under paragraph (3) | £3,940 per annum | £75.50 per week | |||
| (iii) the intermediate rate of constant attendance allowance under paragraph (4) | £5,909 per annum | £113.25 per week | |||
| (iv) the exceptional rate of constant attendance allowance under paragraph (5) | £7,879 per annum | £151.00 per week | |||
| (b) | under article 71(4)— | ||||
| (i) the rate under paragraph (4)(a) | £3,940 per annum (*) | £75.50 per week (*) | |||
| (ii) the rate under paragraph (4)(b) | £7,879 per annum (*) | £151.00 per week (*) | |||
| 2. Exceptionally severe disablement allowance under article 9 | £3,940 per annum | £75.50 per week | |||
| 3. Severe disablement occupational allowance under article 10 | £1,970 per annum | £37.75 per week | |||
| 4. Allowance for wear and tear of clothing under article 11 | £258 per annum | £258.00 per annum | |||
| 5. Unemployability allowances— | |||||
| (a) | Personal allowance under article 12(1)(a) | £6,449 per annum | £123.60 per week | ||
| (b) | Additional allowances for dependants by way of— | ||||
| (i) increase of allowance in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner under article 12(6)(a) | £3,585 per annum (*) | £68.70 per week (*) | |||
| (ii) increase of allowance under article 12(6)(b)— | |||||
| (aa) in respect of the only, elder or eldest child of a member | £835 per annum | £16.00 per week | |||
| (bb) in respect of each other child of a member | £978 per annum | £18.75 per week | |||
| (cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 (a) , or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act | £978 per annum | £18.75 per week | |||
| For decisions made on or after 9th April 2001 | |||||
| (c) | the annual earnings figure for the purposes of article 12(4) is £7,904.00 | ||||
| (d) | the weekly income figure for the purposes of article 12(6)(a)(i) is £77.00 | ||||
| 6. Invalidity allowance under article 13— | |||||
| (a) | If— | ||||
| (i) the relevant date fell before 5th July 1948; | |||||
| (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 | £1,276 per annum | £24.45 per week | |||
| (b) | if head (a) does not apply and— | ||||
| (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 | £835 per annum | £16.00 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 | £417 per annum | £8.00 per week | ||
| 7. Comforts allowance— | |||||
| (a) | under article 14(1)(a) | £1,696 per annum | £32.50 per week | ||
| (b) | under article 14(1)(b) | £848 per annum | £16.25 per week | ||
| 8. Allowance for lowered standard of occupation under article 15 | £3,936 per annum (*) | £75.44 per week (*) | |||
| 9. Age allowance under article 16 where the degree of pensioned disablement is— | |||||
| (a) | 40 to 50 per cent | £697 per annum | £13.35 per week | ||
| (b) | over 50 per cent, but not exceeding 70 per cent | £1,075 per annum | £20.60 per week | ||
| (c) | over 70 per cent, but not exceeding 90 per cent | £1,529 per annum | £29.30 per week | ||
| (d) | over 90 per cent | £2,150 per annum | £41.20 per week | ||
| 10. Part-time treatment allowance under article 19 | £91.80 per day (*) | £91.80 per day (*) | |||
| 11. Mobility supplement under article 20 | £3,757 per annum | £72.00 per week | |||
Article 5(a)
PENSIONS OTHER THAN PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER( 5) OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER( 6) , OF THE 1920 WARRANT( 7) OR OF THE 1921 ORDER( 8)
| Group | Yearly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 1 | 9,138 |
| 2 | 8,814 |
| 3 | 8,605 |
| 4 | 8,418 |
| 5 | 8,340 |
| 6 | 8,172 |
| 7 | 8,127 |
| 8 | 8,068 |
| 9 | 8,039 |
| 10 | 8,004 |
| 11 | 7,956 |
| Group | Weekly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 12 – 17 | 151.70 |
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 | 9,343 |
| 2 | 8,932 |
| 3 | 8,727 |
| 4 | 8,518 |
| 5 | 8,359 |
| 6 | 8,191 |
| 7 | 8,144 |
| 8 | 8,068 |
| 9 | 8,039 |
| 10 | 8,004 |
| 11 | 7,956 |
| Group | Yearly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 1 | 9,138 |
| 2 | 8,814 |
| 3 | 8,605 |
| 4 | 8,418 |
| 5 | 8,340 |
| 6 | 8,172 |
| 7 | 8,127 |
| 8 | 2,802 |
| 9 | 2,496 |
| 10 | 2,198 |
| 11 | 1,942 |
| Group | Weekly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 12 – 17 | 36.34 |
| Group | Yearly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 1 – 11 | 5,295.75 |
| Group | Weekly Rate |
|---|---|
| (1) | (2) |
| £ | |
| 12 – 17 | 101.49 ” |
Article 5(b)
| Description of Pension or Allowance | Rates | |||
|---|---|---|---|---|
| Groups 1-11 | Groups 12-17 | |||
|
(*)
maximum amount payable. ” | ||||
| 1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner | £7,793 per annum (*) | £149.35 per week (*) | ||
| 2. Rent allowance under article 25 | £2,979 per annum (*) | £57.10 per week (*) | ||
| 3. Elderly persons allowance under article 26— | ||||
| (a) | if aged 65 or over but under 70 | £903 per annum | £17.30 per week | |
| (b) | if aged 70 or over but under 80 | £1,735 per annum | £33.25 per week | |
| (c) | if aged 80 or over | £2,575 per annum | £49.35 per week | |
| 4. Allowances in respect of children— | ||||
| (a) | under article 28(2)(a)— | |||
| (i) in respect of the only, elder or eldest child of a member | £1,242 per annum | £23.80 per week | ||
| (ii) in respect of each other child of a member | £1,383 per annum | £26.50 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 | £1,383 per annum | £26.50 per week | ||
| (b) | under article 28(2)(b) | |||
| (i) in respect of the only, elder or eldest child of a member | £1,422 per annum | £27.25 per week | ||
| (ii) in respect of each other child of a member | £1,555 per annum | £29.80 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 | £1,555 per annum | £29.80 per week | ||
| 5. Pension under article 29 to a child of a member who has no parent living and has not attained the child’s age limit— | ||||
| (a) | in respect of the only, elder or eldest child of a member | £1,422 per annum | £27.25 per week | |
| (b) | in respect of each other child of a member | £1,555 per annum | £29.80 per week | |
| (c) | 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 | £1,555 per annum | £28.90 per week | |
| 6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit | £6,084 per annum (*) | £116.60 per week (*) | ||
(This note is not part of the Order)
This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“ the principal Order”), which makes provision for pensions and other awards in respect of disablement or death due to service before 6th April 2005 in the naval, military and air forces. The principal Order contains the scheme which provides the pensions and other awards.
Article 3 amends article 20 of the principal Order to include a new Scottish benefit, adult disability payment, in the list of benefits which may entitle a member to an award of mobility supplement under article 20.
The Tables in Schedules 1 to 5 to this Order replace tables in Schedules 1 and 2 to the principal Order, in order to adjust the rates prescribed for retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
S.I. 2006/606; relevant amending instruments are S.I. 2007/909, 2008/679, 2009/706, 2010/240, 2011/235, 2012/359, 2013/241, 2013/388, 2014/505, 2015/208, 2016/374, 2017/161, 2018/176, 2019/186, 2020/150, 2021/142 and S.R. 2016 No. 228.
1977 c. 5; section 24(3) was amended by section 4 of, and paragraph 46 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1992 (c. 6).
Article 20(1) was amended by S.I. 2013/388and S.R. 2016 No. 228.
Order in Council of 9th March 1921.
Order in Council of 9th March 1921.
Royal Warrant of 2nd July 1920.
Order of His Majesty of 25th September 1921.