Statutory Instrument 1992 No. 710

      The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992

      © Crown Copyright 1992

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STATUTORY INSTRUMENTS

1992 No. 710

PENSIONS

The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1992

Made 12th March 1992
Laid before Parliament 13th March 1992
Coming into force 6th April 1992

At the Court at Buckingham Palace, the 12th day of March 1992

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 section12(1) of the Social Security (Miscellaneous Provisions) Act 1977[2]:
    NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by sections 12(1) and 24(3) of the said Act of 1977 and of all 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 1992, and shall come into force on the 6th April 1992.

        (2)  In this Order, the expression "the principal Order" means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
    Omission of article 12 of the principal Order
        2.    Article 12 of the principal Order (allowances for eligible members of the family) shall be omitted.
    Amendment of article 18 of the principal Order
        3.    In article 18 of the principal Order (unemployability allowances) —

      (a)  in paragraph (2) for the amount "£2,028" there shall be substituted the amount "£2,106";

      (b)  in paragraph (5) —

        (i)  for sub-paragraphs (b) and (c) there shall be substituted thefollowing sub-paragraphs—

            "(b)  subject to sub-paragraph (c) below, an allowance may be awarded in respect of a wife or husband or unmarried dependant living as a spouse or adult dependant at a rate not exceeding the appropriate rate specified in paragraph 6(b)(i) of Part IV of Schedule 1 if the Secretary of State thinks fit having regard to the financial circumstances of the person in respect of whom the allowance is claimed;

            (c)  an allowance shall not be awarded in respect of more than one adult dependant;" ; and

        (ii)  in paragraph (5)(d) for the words "paragraph 6(b)(iii)" there shall be substituted "paragraph 6(b)(ii)".
    Amendment of article 23 of the principal Order
        4.    In article 23 of the principal Order (treatment allowances) paragraph (1)(b) and paragraph (4) shall be omitted.
    Amendment of article 26A of the principal Order
        5.    In article 26A of the principal Order (mobility supplement) in paragraph (1)(b) for the words "12 months" there shall be substituted the words "6 months".
    Amendment of article 53 of the principal Order
        6.    In article 53 of the principal Order (general provisions relating to awards under Part V) paragraph (2)(a) shall be omitted.
    Amendment of Schedules to the principal Order
        7.—(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 to this Order;

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

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

        (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 to this Order;

      (b)  for the amount "£3,525" in the second column of Table 1B of Part II there shall be substituted the amount "£3,668";

      (c)  for the amounts "£67.60" and "£15.60" in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts "£70.35" and "£16.25";

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

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

    Saving provision in relation to allowances for eligible members of the family
        8.    Notwithstanding the revocation of article 12, and the amendment to article 18(5), articles 23 and 53 of the principal Order, in any case where a pension or allowance or any addition to pension is payable in respect of the period immediately before 6th April 1992 those provisions shall continue to have effect as though this Order had not come into force.



G.I. de Deney

Clerk of the Privy Council





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 and 1991/766. back

[2] 1977 c. 5. back

 

Explanatory Note


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