Statutory Instrument 1988 No. 639

The War Pensions (Mercantile Marine) (Amendment) Scheme 1988

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© Crown Copyright 1988

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1988 No. 639

PENSIONS

The War Pensions (Mercantile Marine) (Amendment) Scheme 1988

The Secretary of State for Social Services, with the consent of the Treasury, in exercise of powers conferred by sections 3, 4 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939^[1] as amended by the Pensions (Mercantile Marine) Act 1942^[2] and now vested in him^[3] and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation, commencement and interpretation
    1.—(1)  This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 1988 and shall come into force on 11th April 1988.

    (2)  This Scheme shall be read as one with the War Pensions (Mercantile Marine) Scheme 1964^[4] ("the principal Scheme" ).

Amendment of Article 21 of the principal Scheme
    2.—(1)  Article 21 of the principal Scheme (prevention of double payments) shall be amended in accordance with the following provisions of this Article.

    (2)  In paragraph (1) for the words "Where the Minister" there shall be substituted the words "Subject to paragraph (3), where the Minister" .

    (3)  After paragraph (2) there shall be inserted the following paragraph —
"  (3)  The provisions of paragraph (1) above shall not apply to persons employed by or under the Crown." .

Amendment of Article 22 of the principal Scheme
    3.    In Article 22 of the principal Scheme (modification of awards in certain cases) after paragraph (1) there shall be inserted the following paragraph —
"  (1A)  Paragraph (1) shall not apply to awards first made on or after 11th April 1988." .

Payment of benefits
    4.    In the principal Scheme,
 (a) after article 28, there shall be inserted the following article —

"Payment of benefit
    28A.    The date of commencement of an award of pension shall be determined in accordance with Schedule 7 to this Scheme" ; and

 (b) after Schedule 6, there shall be inserted the Schedule set out in the Schedule to this Scheme.

Mariner
    5.    For the purposes of the principal Scheme any reference to a mariner shall be treated as including a reference to a member of the sea fishing service, a member of the pilotage service, a member of the light vessel service and a salvage worker.

Signed by authority of the Secretary of State for Social Services

Skelmersdale

Parliamentary Under-Secretary of State, Department of Health and Social Security

21st March 1988
We consent,

Mark Lennox-Boyd

Peter Lloyd

Two of the Lords Commissioners of Her Majesty's Treasury

25th March 1988

[1] 1939 c. 83. back

[2] 1942 c. 26. back

[3] SeeThe Transfer of Functions (Ministry of Pensions) Order 1953 (S.I. 1953/1198), article 2, Ministry of Social Security Act 1966 (c. 20), and the Secretary of State for Social Services Order 1968 (S.I. 1968/1699), article 2. back

[4] 1964/2058; the relevant amending instrument is S.I. 1987/585. back

Explanatory Note