Statutory Instruments

2007 No. 909

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2007

Made

21st March 2007

Laid before Parliament

28th March 2007

Coming into force

9th April 2007

At the Court at Buckingham Palace, the 21st day of March 2007

Present,

The Queen’s Most Excellent Majesty in Council

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

ACCORDINGLY, Her Majesty, in exercise of the powers conferred upon Her by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977(2) and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order 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 2007 and shall come into force on 9th April 2007.

(2) In this Order, “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is a reference to the article, Part, Table or Schedule in the principal Order which bears that number.

Amendments to the principal Order and application

2.  The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.

Christine Cook

Deputy Clerk of the Privy Council

Article 2

SCHEDULE 1 AMENDMENTS TO THE PRINCIPAL ORDER

Amendment to article 12 (unemployability allowance)

1.  In article 12(3)(e) for “52” substitute “104”.

Amendment to article 15 (allowance for lowered standard of occupation)

2.  In article 15(1) after the words “lowered standard of occupation at” insert the words “a rate not exceeding”.

Amendment to article 23(2) (pensions to surviving spouses and surviving civil partners)

3.  In article 23(2) for “£68.42” substitute “£70.88”.

Amendment of Schedule 1

4.  In Schedule 1 (disablement due to service in the armed forces)—

(1) for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;

(2) for Tables 1 and 2 in Part III there shall respectively be substituted Tables 1 and 2 set out in Schedule 3 to this Order; and

(3) for the Table in Part IV there shall be substituted the Table set out in Schedule 4 to this Order.

Amendment of Schedule 2

5.  In Schedule 2 (death due to service in the armed forces)—

(1) for Tables 1, 2, 3, 4 and 5 of Part II there shall respectively be substituted the Tables set out in Schedule 5 to this Order; and

(2) for the Table in Part III there shall be substituted the Table set out in Schedule 6 to this Order.

Schedule 1 paragraph 4(1)

SCHEDULE 2 TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT AT PART II OF SCHEDULE 1

Table

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 £ £
100 139.70 7,290
90 125.73 6,561
80 111.76 5,832
70 97.79 5,103
60 83.82 4,374
50 69.85 3,645
40 55.88 2,916
30 41.91 2,187
20 27.94 1,458

Schedule 1 paragraph 4(2)

SCHEDULE 3 TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 SET OUT AT PART III OF SCHEDULE 1

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 loss of whole finger 14 6,643
More than 1 phalanx but not more than 2 phalanges 11 5,316
1 phalanx or part thereof 9 4,428
Guillotine amputation of tip without loss of bone 5 2,651
Middle finger—
More than 2 phalanges including loss of whole finger 12 5,754
More than 1 phalanx but not more than 2 phalanges 9 4,428
1 phalanx or part thereof 7 3,540
Guillotine amputation of tip without loss of bone 4 2,214
Ring or little finger—
More than 2 phalanges including loss of whole finger 7 3,540
More than 1 phalanx but not more than 2 phalanges 6 3,103
1 phalanx or part thereof 5 2,651
Guillotine amputation of tip without loss of bone 2 1,326
B. TOES
Great toe—
Through metatarso-phalangeal joint 14 6,643
Part, with some loss of bone 3 1,764
1 other toe—
Through metatarso-phalangeal joint 3 1,764
Part, with some loss of bone 1 889
2 toes, excluding great toe—
Through metatarso-phalangeal joint 5 2,651
Part, with some loss of bone 2 1,326
3 toes, excluding great toe—
Through metatarso-phalangeal joint 6 3,103
Part, with some loss of bone 3 1,764
4 toes, excluding great toe—
Through metatarso-phalangeal joint 9 4,428
Part, with some loss of bone 3 1,764

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

Estimated duration of the disablement within the degree referred to

Groups

1-15

Temporary less than a year Temporary more than a year Indeterminate
Per cent Per cent Per cent
1-5 6-14 15-19 1-5 6-14 15-19 1-5 6-14 15-19
£ £ £ £ £ £ £ £ £
367 824 1,443 741 1,643 2,877 2,221 4,937 8,637
(1)

S.I. 2006/606 as amended by S.I. 2006/1455. Back [1]

(2)

1977 c.5, sub-section 24(3) of which was amended by the Social Security (Consequential Provisions) Act 1992 (1992 c.6), section 4 and Schedule 2, paragraph 46. Back [2]