Statutory Instrument 1988 No. 248

The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988

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1988 No. 248

PENSIONS

The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988

At the Court at Buckingham Palace, the 17th day of February 1988

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] and to do so 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 the said section 12(1) 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, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988, shall come into force on 11th April 1988.

    (2)  In this Order, the expression "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 "£1,352" there shall be substituted the amount "£1,404".

Amendment of Schedules to the principal Order
    3.—(1)  In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)—


(a)  for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;


(b)  for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;


(c)  for Part IV there shall be substituted the Part set out in Schedule 5 hereto.

    (2)  In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)—


(a)  for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;


(b)  for the amount "£2,677" in the second column of Table 1B of Part II there shall be substituted the amount "£2,789";


(c)  for the amounts "£51.35" and "£11.85" in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts "£53.50" and "£12.35";


(d)  for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;


(e)  for Part III there shall be substituted the Part set out in Schedule 8 hereto.

Amendment of article 60(2) of the principal Order
    4.    For paragraph (2) of article 60 of the principal Order there shall be substituted the following paragraph:

    "(2)  Where payment in respect of a pension is in arrears for any period and any one or more of the following, that is to say—


(a)  benefit under the Supplementary Benefits Act 1976^[3], or



(b)  income support under the Social Security Act 1986^[4] or under the Income Support (Transitional) Regulations 1987^[5], or



(c)  any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to benefit under the 1976 Act or, as the case may be, income support under the 1986 Act, or the Income Support (Transitional) Regulations 1987,


has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in sub-paragraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1), and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority administering the benefit or as the case may be income support."

G. I. de Deney

Clerk of the Privy Council

[1] S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592 and 1987/165. back

[2] 1977 c. 5. back

[3] 1976 c. 71, as amended by the Social Security Act 1980 (c. 30). back

[4] 1986 c. 50. back

[5] S.I. 1987/1969. back

Explanatory Note