Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001

JurisdictionUK Non-devolved
CitationSI 2001/409
Year2001

2001 No. 409

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001

Made 14th February 2001

Laid before Parliament 26th February 2001

Coming into force 9th April 2001

At the Court at Buckingham Palace, the 14th day of February 2001

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 19831by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 19772:

NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by section 3 of the Naval and Marine Pay and Pensions Act 18653, section 2(1) of the Pensions and Yeomanry Pay Act 18844, section 2(1) of the Air Force (Constitution) Act 19175and section 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:—

S-1 Citation, commencement and interpretation

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 2001 and shall, subject to articles 2(2) to (5), come into force on 9th April 2001 (“the commencement date”).

(2) In this Order “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.

S-2 Amendments to the principal Order and application

Amendments to the principal Order and application

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

(2) Paragraphs 2, 3, 4, 5(a), (b) and (d), 9, 11, 12, 18(b) and (d) and 21 to 25 of Schedule 1 to this Order (which amend articles 3A, 14, 15, 16, 18(2), (2A), and (7), 26A, 35 to 37, 42A and 67(3)(b) and Schedules 3 and 4 and insert article 67 (2A)) shall apply for the purposes of decisions made on or after the commencement date.

(3) Paragraph 5(c) of Schedule 1 to this Order (which amends paragraph (5)(b) of article 18) shall apply for the purposes of claims made on or after the date which is six months after the commencement date.

(4) Paragraphs 14 and 16(a) of Schedule 1 to this Order (which amend articles 56 and 61(1)(c)) shall apply for the purposes of deductions of pensions or allowances made for any day on or after the commencement date.

(5) Paragraphs 16(b) and 17 of Schedule 1 to this Order (which amend articles 61(1)(d) and 62) shall apply for the purposes of decisions to withhold or forfeit a pension or gratuity made on or after the commencement date.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL ORDER

Amendment of article 1

Amendment of article 1

SCH-1.1

1. In paragraph (6)(b) of article 1 (citation, commencement and interpretation) for “the member’s widow or unmarried dependant who lived as a wife” substitute “the member’s widow or widower or unmarried dependant who lived as a spouse”.

Amendment of article 3A

Amendment of article 3A

SCH-1.2

2. In paragraph (3) of article 3A (making of claims) for the words in brackets after “article 36” substitute “pensions for children under the child’s age limit with no living parents”.

Amendment of article 14

Amendment of article 14

SCH-1.3

3. For article 14 (constant attendance allowance) substitute—

SCH-1.14

14.—(1) Where—

(a)

(a) a member of the armed forces is in receipt of retired pay (as defined in article 17(3)) or a pension (as so defined) in respect of disablement the degree of which is not less than 80 per cent; and

(b)

(b) it is shown to the satisfaction of the Secretary of State that constant attendance on the member is necessary on account of the disablement,

the member may be awarded an allowance in accordance with the following paragraphs of this article.

(2) Where the necessary attendance consists of frequent or regular attendance for periods during the daytime which total not less than four and not more than eight hours per day, the rate of the allowance shall be the part day rate specified in paragraph 2(a) of Part IV of Schedule 1.

(3) Where the necessary attendance consists of—

(a)

(a) frequent or regular attendance for periods during the daytime which total not less than eight and not more than sixteen hours per day; or

(b)

(b) frequent or regular attendance for periods during the daytime which total less than eight hours per day and attendance on two or more occasions per night,

the rate of the allowance shall be the full day rate specified in paragraph 2(b) of Part IV of Schedule 1.

(4) Where the necessary attendance consists of—

(a)

(a) frequent or regular attendance for periods during the daytime which total not less than eight hours per day and attendance on two or more occasions per night; or

(b)

(b) frequent or regular attendance for periods at night which total not less than eight hours and during the daytime for periods which total not less than four hours per day,

the rate of the allowance shall be the intermediate rate specified in paragraph 2(c) of Part IV of Schedule 1.

(5) Where the necessary attendance consists of continual attendance throughout the day and night, the rate of the allowance shall be the exceptional rate specified in paragraph 2(d) of Part IV of Schedule 1.”.

Amendment of articles 15 and 16

Amendment of articles 15 and 16

SCH-1.4

4. In articles 15 and 16 (exceptionally severe disablement allowance and severe disablement occupational allowance) for “increased under the provisions of article 14(1)(b)” substitute “payable under the provisions of article 14(4) or (5)”.

Amendment of article 18

Amendment of article 18

SCH-1.5

5. In article 18 (unemployability allowances)—

(a) for paragraph (2) substitute—

SCH-1.2

“2 For the purposes of this article, subject to paragraph (2A), a member may be deemed to be unemployable although in receipt of therapeutic earnings which are, in the opinion of the Secretary of State, unlikely to exceed per year the figure specified in paragraph 6(c) of Part IV of Schedule 1 and for this purpose “therapeutic earnings” means earnings from work for no more than 16 hours per week and which in the Secretary of State’s view is not detrimental to the health of the member.”;

(b) for paragraph (2A) substitute—

SCH-1.2A

“2A Where, before 9th April 2001, a member was in receipt of therapeutic earnings as defined in this Order immediately before that date, any such earnings he receives on and after that date shall constitute therapeutic earnings for the purpose of paragraph (2) until the member ceases permanently to do the work in respect of which they are received.”;

(c) in paragraph (5)(b), for the words after “Part IV of Schedule 1” substitute—

“if—

(i) the person in respect of whom the allowance is claimed has a weekly income which does not exceed the figure specified in paragraph 6(d) of Part IV of Schedule 1; and

(ii) the Secretary of State thinks fit to award the allowance, having regard to that person’s financial circumstances (including any earnings, occupational pension and social security benefits the person receives);”;

(d) omit paragraph (7); and

(e) in respect of decisions made before 9th April 2001, in paragraph (2) for “£3,042” substitute “£3,146”.

Amendment of article 19

Amendment of article 19

SCH-1.6

6. In article 19 (invalidity allowance)—

(a) in paragraph (1) omit “(whether before or after the coming into operation of this article)” and “or, in the case of a woman member, the age of 55,”; and

(b) omit paragraphs (5) and (6).

Amendment of article 21

Amendment of article 21

SCH-1.7

7. In article 21 (allowance for lowered standard of occupation)—

(a) in paragraph (1)—

(i) omit “or has been granted an award under article 11 in respect of a minor disablement,” and “in either case”;

(ii) for “which is of an equivalent standard and” substitute “with equivalent gross income which”; and

(iii) after “suitable in his case,” add “taking into account his education, training and experience,”;

(b) omit paragraphs (1A) and (2)(a), (b) and (d); and

(c) in paragraph (2)—

(i) for sub-paragraph (c)(ii) substitute—

“(ii)

“(ii) where there was no such regular occupation, or where the member’s disablement is due to service after 31st July 1973, his trade or profession as a member of the armed forces on the date that he sustained the wound or injury, or was first removed from duty on account of the disease on which his award is based, or if there was no such occurrence, the date of the termination of his service;”; and

(ii) omit sub-paragraph (c)(iii).

Amendment of article 23

Amendment of article 23

SCH-1.8

8. In article 23 (treatment allowances)—

(a) for paragraph (2) substitute—

SCH-1.2

“2 Where in relation to a period a member is in receipt of an award of treatment allowance under this article no payment shall be made in respect of that period under article 21.”; and

(b) omit paragraphs (3), (5) and (7).

Amendment of article 26A

Amendment of article 26A

SCH-1.9

9. In article 26A (mobility supplement)—

(a) in paragraph (1)—

(i) in sub-paragraph (b) insert after “disablement” “, where the degree of disablement is assessed at 40 per cent or more,” and for sub-paragraphs (i) and (ii) substitute—

“(i)

“(i) rendering him unable to walk (including with any suitable prosthesis or artificial aid which he habitually wears or uses, or which he might reasonably be expected to wear or use);

(ii)

(ii) restricting his leg movements to such an extent that his ability to walk (with any such prosthesis or artificial aid) without severe discomfort is of little or no practical use to him; or”;

(ii) in sub-paragraph (c) after “considered by the...

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