This Statutory Instrument has been in part in consequence of a defect in S.I. 2012/359, S.I. 2013/241, S.I. 2014/505, S.I. 2015/208, S.I. 2017/161, S.I. 2018/176, S.I. 2019/186, S.I. 2020/150, S.I. 2021/142and S.I. 2022/147and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2023 No. 163

Pensions

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023

Made

15th February 2023

Laid before Parliament

22nd February 2023

Coming into force

10th April 2023

At the Court at Buckingham Palace, the 15th day of February 2023

Present,

The King’s Most Excellent Majesty in Council

His Majesty considers it expedient to amend the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006( 1).

ACCORDINGLY, His Majesty, in exercise of the powers conferred upon Him by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977( 2) and of all other powers enabling Him to do so, is pleased, by and with the advice of His Privy Council, to order as follows:

Citation and commencement

1. This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023 and comes into force on 10th April 2023.

Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

2. The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“ the principal Order”) is amended as follows.

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

3. 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

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

4. 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.

Amendment of Schedule 6 (interpretation)

5. In Part 2 of Schedule 6 to the principal Order, in item 58A( 3) of the table, for “within 6 months” substitute “within 12 months”.

Richard Tilbrook

Clerk of the Privy Council

Article 3(a)

SCHEDULE 1 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“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	220.20	11,490
90	198.18	10,341
80	176.16	9,192
70	154.14	8,043
60	132.12	6,894
50	110.10	5,745
40	88.08	4,596
30	66.06	3,447
20	44.04	2,298 ”

Article 3(b)

SCHEDULE 2 TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“Table 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 the loss of whole finger	14	10,474
	More than 1 phalanx but not more than 2 phalanges	11	8,380
	1 phalanx or part thereof	9	6,981
	Guillotine amputation of tip without loss of bone	5	4,177
	Middle finger—
	More than 2 phalanges including the loss of whole finger	12	9,072
	More than 1 phalanx but not more than 2 phalanges	9	6,981
	1 phalanx or part thereof	7	5,582
	Guillotine amputation of tip without loss of bone	4	3,487
	Ring or little finger—
	More than 2 phalanges including the loss of whole finger	7	5,582
	More than 1 phalanx but not more than 2 phalanges	6	4,894
	1 phalanx or part thereof	5	4,177
	Guillotine amputation of tip without loss of bone	2	2,092
B. TOES
	Great toe—
	Through metatarso-phalangeal joint	14	10,474
	Part, with some loss of bone	3	2,784
	1 other toe—
	Through metatarso-phalangeal joint	3	2,784
	Part, with some loss of bone	1	1,403
	2 toes, excluding great toe—
	Through metatarso-phalangeal joint	5	4,177
	Part, with some loss of bone	2	2,092
	3 toes, excluding great toe—
	Through metatarso-phalangeal joint	6	4,894
	Part, with some loss of bone	3	2,784
	4 toes, excluding great toe—
	Through metatarso-phalangeal joint	9	6,981
		Part, with some loss of bone	3	2,784

Table 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

Assessment of degree of disablement
Groups 1-15	1 to 5 per cent	6 to 14 per cent	15 to 19 per cent
	£3,502	£7,786	£13,618 ”

Article 3(c)

SCHEDULE 3 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“Table

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

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)		£2,168 per annum	£41.55 per week
		(ii) the full day rate of constant attendance allowance under paragraph (3)		£4,336 per annum	£83.10 per week
		(iii) the intermediate rate of constant attendance allowance under paragraph (4)		£6,504 per annum	£124.65 per week
		(iv) the exceptional rate of constant attendance allowance under paragraph (5)		£8,672 per annum	£166.20 per week
	(b)	under article 71(4)—
		(i) the rate under paragraph (4)(a)		£4,336 per annum ^(*)	£83.10 per week ^(*)
		(ii) the rate under paragraph (4)(b)		£8,672 per annum ^(*)	£166.20 per week ^(*)
2. Exceptionally severe disablement allowance under article 9				£4,336 per annum	£83.10 per week
3. Severe disablement occupational allowance under article 10				£2,168 per annum	£41.55 per week
4. Allowance for wear and tear of clothing under article 11				£284 per annum	£284 per annum
5. Unemployability allowances—
	(a)	Personal allowance under article 12(1)(a)		£7,102 per annum	£136.10 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)		£3,947 per annum ^(*)	£75.65 per week ^(*)
		(ii) increase of allowance under article 12(6)(b)—
			(aa) in respect of the only, elder or eldest child of a member	£918 per annum	£17.60 per week
			(bb) in respect of each other child of a member	£1,078 per annum	£20.65 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	£1,078 per annum	£20.65 per week
	For decisions made on or after 9th April 2001
	(c)	the annual earnings figure for the purposes of article 12(4) is £8,684
	(d)	the weekly income figure for the purposes of article 12(6)(a)(i) is £84.80
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		£1,404 per annum	£26.90 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		£918 per annum	£17.60 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		£459 per annum	£8.80 per week
7. Comforts allowance—
	(a)	under article 14(1)(a)		£1,868 per annum	£35.80 per week
	(b)	under article 14(1)(b)		£934 per annum	£17.90 per week
8. Allowance for lowered standard of occupation under article 15				£4,333 per annum ^(*)	£83.04 per week ^(*)
9. Age allowance under article 16 where the degree of pensioned disablement is—
	(a)	40 to 50 per cent		£767 per annum	£14.70 per week
	(b)	over 50 per cent, but not exceeding 70 per cent		£1,184 per annum	£22.70 per week
	(c)	over 70 per cent, but not exceeding 90 per cent		£1,683 per annum	£32.25 per week
	(d)	over 90 per cent		£2,369 per annum	£45.40 per week
10. Part-time treatment allowance under article 19				£101.05 per day ^(*)	£101.05 per day ^(*)
11. Mobility supplement under article 20				£4,135 per annum	£79.25 per week

Article 4(a)

SCHEDULE 4 TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

“Table 1

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS 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( 4) OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER( 5) , OF THE 1920 WARRANT( 6) OR OF THE 1921 ORDER( 7)

Group	Yearly Rate
(1)	(2)
	£
1	10,061
2	9,704
3	9,474
4	9,268
5	9,182
6	8,997
7	8,948
8	8,883
9	8,851
10	8,812
11	8,760

Table 2

WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

Group	Weekly Rate
(1)	(2)
	£
12-17	167.00

Table 3

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED 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	10,287
2	9,834
3	9,608
4	9,378
5	9,203
6	9,018
7	8,967
8	8,883
9	8,851
10	8,812
11	8,760

Table 4

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

Group	Yearly Rate
(1)	(2)
	£
1	10,061
2	9,704
3	9,474
4	9,268
5	9,182
6	8,997
7	8,948
8	3,085
9	2,748
10	2,420
11	2,138

Table 5

WEEKLY RATES OF PENSION FOR CHILDLESS SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS AGED UNDER 40 BEING SURVIVING SPOUSES OR SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

Group	Weekly Rate
(1)	(2)
	£
12-17	40.01

Table 6

YEARLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

Group	Yearly Rate
(1)	(2)
	£
1-11	5,830.59

Table 7

WEEKLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS AND AIRMEN WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

Group	Weekly Rate
(1)	(2)
	£
12-17	111.74 ”

Article 4(b)

SCHEDULE 5 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

“Table

RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

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			£8,591 per annum ^(*)	£164.65 per week ^(*)
2. Rent allowance under article 25			£3,280 per annum ^(*)	£62.85 per week ^(*)
3. Elderly persons allowance under article 26—
	(a)	if aged 65 or over but under 70	£994 per annum	£19.05 per week
	(b)	if aged 70 or over but under 80	£1,910 per annum	£36.60 per week
	(c)	if aged 80 or over	£2,836 per annum	£54.35 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	£1,367 per annum	£26.20 per week
		(ii) in respect of each other child of a member	£1,524 per annum	£29.20 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	£1,524 per annum	£29.20 per week
	(b)	under article 28(2)(b)
		(i) in respect of the only, elder or eldest child of a member	£1,565 per annum	£30.00 per week
		(ii) in respect of each other child of a member	£1,712 per annum	£32.80 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	£1,712 per annum	£32.80 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	£1,565 per annum	£30.00 per week
	(b)	in respect of each other child of a member	£1,712 per annum	£32.80 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	£1,712 per annum	£32.80 per week
6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit			£6,700 per annum ^(*)	£128.40 per week ^(*)

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 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.

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 minor amendment to the heading of the table in Part 2 of Schedule 2 to the principal Order corrects an error in the time period to which the table applies which was introduced by S.I. 2012/359.

Article 5 amends the definition of “terminal illness” such that a person is terminally ill where their death, as a result of a progressive disease, can reasonably be expected within 12 months, as opposed to 6 months prior to the amendment.

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.

( 1)

S.I. 2006/606; relevant amending instruments are S.I. 2007/909, 2008/679, 2009/706, 2010/240, 2011/235, 2012/359, 2013/241, 2014/505, 2015/208, 2016/374, 2017/161, 2018/176, 2019/186, 2020/150, 2021/142and 2022/147.

( 2)

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).

( 3)

Item 58A was inserted by S.I. 2009/706.

( 4)

Order in Council of 9th March 1921.

( 5)

Order in Council of 9th March 1921.

( 6)

Royal Warrant of 2nd July 1920.

( 7)

Order of His Majesty of 25th September 1921.

United Kingdom Statutory Instruments

Status:

2023 No. 163

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023

Citation and commencement

Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

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

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

Amendment of Schedule 6 (interpretation)

SCHEDULE 1 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

SCHEDULE 2 TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“Table 1

GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Table 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

SCHEDULE 3 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

“Table

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

SCHEDULE 4 TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

“Table 1

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

Table 2

WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

Table 3

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921

Table 4

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

Table 5

WEEKLY RATES OF PENSION FOR CHILDLESS SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS AGED UNDER 40 BEING SURVIVING SPOUSES OR SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

Table 6

YEARLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

Table 7

WEEKLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS AND AIRMEN WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

SCHEDULE 5 TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

“Table

RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

EXPLANATORY NOTE

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