Statutory Instrument 1993 No. 598

The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993

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© Crown Copyright 1993

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1993 No. 598

PENSIONS

The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993

At the Court at Buckingham Palace, the 10th day of March 1993

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 sections 12(1) and 24(3) of the said Act of 1977 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 may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1993 and shall come into force for the purposes of this article and articles 10 and 14 on 1st April 1993 and for all other purposes on 12th April 1993.

    (2)  In this Order, "the principal Order" means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.

Amendment of article 7 of the principal Order
    2.    In article 7(1) of the principal Order (rank or status) the words "(including any award under any article in those Parts made by virtue of Part V)" shall be omitted.

Amendment of article 10 of the principal Order
    3.    In article 10 of the principal Order (pension for disablement) for the word "Tables" there shall be substituted the word "Table".

Amendment of article 18 of the principal Order
    4.    In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount "£2,106" there shall be substituted the amount "£2,184".

Amendment of article 23 of the principal Order
    5.    In article 23 of the principal Order (treatment allowances)—
 (a) in paragraph (1) after the words "he receives treatment" there shall be inserted the following words "and as a result of such treatment he incurs a loss of earnings";
 (b) after paragraph (7) there shall be added the following paragraph—
"  (8)  For the purposes of articles 23, 24 and 25 the expression "earnings" means any remuneration or profit derived from an employment." .

Amendment of article 24 of the principal Order
    6.    In article 24 of the principal Order (allowance where abstention from work is necessary following treatment in a hospital or similar institution) in paragraph (1) after the words "necessitated that treatment" there shall be inserted the following words "and as a result of abstention from work he incurs a loss of earnings,".

Amendment of article 25 of the principal Order
    7.    In article 25 of the principal Order (allowance for part-time treatment) in paragraph (1) after the words "normal employment" there shall be inserted the following words "and as a result of such treatment he incurs a loss of earnings,".

Amendment of article 26 of the principal Order
    8.    In article 26 of the principal Order (medical expenses) after the words "in so far as" there shall be inserted the words "the expenses wholly or mainly arise as a result of the disablement due to service and in so far as".

Amendment of article 29 of the principal Order
    9.    In article 29 of the principal Order (pensions to widows)—
 (a) in paragraph (1)(a) for the words "Tables 1A and 2A or column (2) of Tables 3 and 4" there shall be substituted the words "Tables 1, 2 and 3";
 (b) in paragraph (1)(b) for the words "column (3) of Table 1A and 2A or, as the case may be, column (3) of Table 3 and column (2) of Table 4" there shall be substituted the words "column (2) of Tables 4 and 5".

Amendment of article 31 of the principal Order
    10.    In article 31 of the principal Order (rent allowance to widows, and unmarried dependants who lived as wives, who have children) in paragraph (1) for the words "community charge" there shall be inserted the words "council tax".

Amendment to article 42 of the principal Order
    11.    In article 42 of the principal Order (marriage of female persons)—
 (a) for paragraph (3) there shall be substituted the following paragraph—
"  (3)  Subject to paragraphs (4) and (7) below, where a pension awarded to person under article 29 or 30 of this Order or under articles 11, 13 or 17A of a 1920 to 1921 Officers instrument or under articles 11 or 19 of a 1919 to 1920 other rank instrument, ceases under paragraph (1) above, the Secretary of State may award that person a gratuity equal to one year's pension." ;

 (b) for paragraph (4) there shall be substituted the following paragraph—
"  (4)  Where a widow of an officer or, where his death is due to service after 2nd September 1939 of a sergeant-major of the Royal Marines, a warrant officer class 1 in the military forces or a warrant officer in the air forces marries prior to 12th April 1993 and the death of that husband occurs after 11th April 1993, the Secretary of State may restore the pension in whole or in part if the circumstances are, in his opinion, such as to justify its restoration or award a gratuity equal to one year's pension." ;

 (c) for paragraph (7) there shall be substituted the following paragraph—
"  (7)  Where an award of pension ceases under paragraph (1) above as a consequence of a person living with a man as his wife prior to 12th April 1993 and the death of that man occurs after 11th April 1993, the Secretary of State may award a gratuity to that person equal to one year's pension." ;

 (d) paragraphs (8) and (9) shall be omitted.

Invalidity of assignments
    12.    After article 63 of the principal Order (refusal of treatment) there shall be inserted the following article—

"Invalidity of assignments
    63A.    Any assignment or charge, and any agreement to assign or charge any pension, retired pay, allowance or gratuity which may be or has been awarded under this Order shall be void, and, on the bankruptcy of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or person acting on behalf of the creditors." .

Amendment of Schedules to the principal Order
    13.—(1)  In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances)—
 (a) for Tables 1, 2, 3 and 4 of Part II there shall be substituted the Table set out in Schedule 1 to this Order;
 (b) for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
 (c) for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.

    (2)  In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death)—
 (a) for Tables 1A, 1B, 2A, 2B, 3, 4, 5 and 6 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
 (b) for Part III there shall be substituted the Part set out in Schedule 6 to this Order.

    14.    In Part II of Schedule 4 to the principal Order, in column 3 of item 45 (meaning of "public funds")—
 (a) for paragraph (cc) there shall be substituted the following paragraph—
(cc) "moneys provided under the Local Government Finance Act 1992^[3]; or" ;

 (b) paragraph (ccc) shall be omitted.

Revocations
    15.    The following articles of the principal Order shall be revoked—
 (a) article 13 (education allowance in respect of disablement);
 (b) article 38 (education allowance in respect of death);
 (c) article 40 (pensions to parents);
 (d) article 41 (pensions to other dependants); and
 (e) articles 43—53 of Part V (special classes of disabled members).

Transitional provisions
    16.—(1)  Notwithstanding the amendments made by this Order to articles 23, 24 and 25 of the principal Order and the revocation of articles 13, 38, 40 and 41 of that Order, in any case where a pension or allowance is awarded in respect of a period immediately before 12th April 1993 those provisions shall, for the duration of that award, continue to have effect as though this Order had not come into force.

    (2)  Notwithstanding the amendments made by this Order to articles 23, 24 and 25 of the principal Order, where treatment commenced before 12th April 1993 and a claim for an allowance under any of those provisions is made in respect of that treatment after 11th April 1993 the Secretary of State may determine the claim as though this Order had not come into force.

N. H. Nicholls

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, 1987/165, 1988/248, 2248, 1989/156, 1990/250, 1308, 1991/766, 1992/710 and 3208. back

[2] 1977 c. 5. back

[3] 1992 c. 14. back

Explanatory Note