Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/434
Year2003

2003 No. 434

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2003

Made 27th February 2003

Laid before Parliament 11th March 2003

Coming into force 7th April 2003

At the Court at Buckingham Palace, the 27th day of February 2003

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 2003 and shall come into force on 7th April 2003.

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

A. K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL ORDER

SCH-1.1

1.Amendment of article 29

In paragraph (1A) of article 29 (pensions to widows and widowers) for the amount “£59.95” substitute the amount “£60.97”.

SCH-1.2

2.Amendment of Schedule 1

In Schedule 1 (rates of retired pay, pensions, gratuities and allowances in respect of disablement due to service in the armed forces)—

(a) for the Table in Part II substitute the Table set out in Schedule 2 to this Order;

(b) for Tables 1 and 2 in Part III substitute the Tables set out in Schedules 3 and 4 respectively to this Order; and

(c) for Part IV substitute the Part set out in Schedule 5 to this Order.

SCH-1.3

3.Amendment of Schedule 2

In Schedule 2 (rates of provisions and allowances in respect of death due to service in the armed forces)—

(a) for Tables 1, 2, 3, 4 and 5 of Part II substitute the Tables set out in Schedule 6 to this Order; and

(b) for Part III substitute the Part set out in Schedule 7 to this Order.

SCH-1.4

4.Amendment of Schedule 4

In Part II of Schedule 4 (glossary of expressions) for item 50 (definition of “student”) substitute:

“a person who is receiving full-time instruction at a university, college, secondary school or technical school, or at any other establishment which, in the opinion of the Secretary of State, is a comparable educational establishment, and for the purposes of this Order a person may continue to be a student for such period (being a period not exceeding 13 weeks) after he ceases to receive full-time instruction as aforesaid and before he attains the age of 19 as the Secretary of State may in any particular case determine”.

SCH-1.5

5.Amendment of Schedule 7

In Schedule 7 (deductions for the purposes of article 56) substitute the Table set out in Schedule 8 to this Order.

SCHEDULE 2

Schedule 1 paragraph 2

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

10 TableArticle 10

TableArticle 10

SCH-2.1

1. WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10–15 OF PART I OF THIS SCHEDULE

SCH-2.2

2. YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1–9 OF PART I OF THIS SCHEDULE

Degree of Disability

Weekly rate

Yearly rate

Per cent.

£

£

100

123.90

6,465

90

111.51

5,819

80

99.12

5,172

70

86.73

4,526

60

74.34

3,879

50

61.95

3,233

40

49.56

2,586

30

37.17

1,940

20

24.78

1,293

SCHEDULE 3

Schedule 1 paragraph 2

TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1

1 GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Table 1Article 11(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

5,890

More than 1 phalanx but not more than 2 phalanges

11

4,714

1 phalanx or part thereof

9

3,927

Guillotine amputation of tip without loss of bone

5

2,351

Middle finger—more than 2 phalanges including loss of whole finger

12

5,102

More than 1 phalanx but not more than 2 phalanges

9

3,927

1 phalanx or part thereof

7

3,139

Guillotine amputation of tip without loss of bone

4

1,963

Ring or little finger— more than 2 phalanges including loss of whole finger

7

3,139

More than 1 phalanx but not more than 2 phalanges

6

2,751

1 phalanx or part thereof

5

2,351

Guillotine amputation of tip without loss of bone

2

1,176

B. TOES—

Great toe—through metatarso-phalangeal joint

14

5,890

Part, with some loss of bone

3

1,564

1 other toe—through metatarso-phalangeal joint

3

1,564

Part, with some loss of bone

1

788

2 toes, excluding great toe—through metatarso-phalangeal joint

5

2,351

Part, with some loss of bone

2

1,176

3 toes, excluding great toe—through metatarso-phalangeal joint

6

2,751

Part, with some loss of bone

3

1,564

4 toes, excluding great toe—through metatarso-phalangeal joint

9

3,927

Part, with some loss of bone

3

1,564

SCHEDULE 4

Schedule 1 paragraph 2

TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1

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

Table 2Article 11(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

Groups 1–15

Estimated duration of the disablement within the degree referred to

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

£

£

£

£

£

£

£

£

£

326

731

1,279

657

1,457

2,552

1,970

4,377

7,660

SCHEDULE 5

Schedule 1 paragraph 2

PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1

4 RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

PART IV

RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

Rates

Description of Allowance

Groups 1–9

Groups 10–15

1. Education allowance under article 13

£120 per annum1000

£120 per annum1000

2. Constant attendance allowance under Article 14—

(A) For decisions made before 9th April 2001

(a) under article 14(1)(b)

£4,884 per annum1000

£93.60 per week1000

(b) under article 14(1)(a)

£2,442 per annum1000

£46.80 per week1000

(B) For decisions made on or after 9th April 2001

(a) the part day rate of constant attendance allowance under article 14(2);

£1,221 per annum

£23.40 per week

(b) the full day rate of constant attendance allowance under article 14(3);

£2,442 per annum

£46.80 per week

(c) the intermediate rate of constant attendance allowance under article 14(4);

£3,663 per annum

£70.20 per week

(d) the exceptional rate of constant attendance allowance under article 14(5).

£4,884 per annum

£93.60 per week

3. Exceptionally severe disablement allowance under article 15

£2,442 per annum

£46.80 per week

4. Severe disablement occupational allowance under article 16

£1,221 per annum

£23.40 per week

5. Allowance for wear and tear of clothing under article 17(1)

£160 per annum

£160 per annum

6. Unemployability allowances—

(a) personal allowance under article 18(1)(a)

£3,994 per annum

£76.55 per week

(b) additional allowances for dependants by way of—

(i) increase of allowance in respect of a wife, husband or unmarried dependant living as a spouse or an adult dependant under article 18(5)(b)

£2,252 per annum1000

£43.15 per week1000

(ii) increase of allowance under article 18(5)(d)—

(aa) in respect of the only, elder or the eldest child of a member

£522 per annum

£10.00 per week

(bb) in respect of each other child of a member

£613 per annum

£11.75 per week

(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 19926, or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act

£613 per annum

£11.75 per week

For decisions made on or after 9th April 2001

(a) the annual earnings figure for the purposes of article 18(2) is £3,510

(b) the weekly income figure for the purposes of article 18(5)(b) is £54.65

7. Invalidity allowance under article 19

(a) if—

(i) the relevant date fell before 5th July 1948; or

(ii) on the relevant date the member was under the age of 35; or

(iii) on the relevant date the member was under the age of 40 and had not attained the age of 65 in the case of the member being a man, or 60 in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

£791 per annum

£15.15 per week

(b) if—

(i) on the relevant date the member was under the age of 45; or

(ii) on the relevant date the member was under the age of 50 and had not attained the age of 65 in the case of the member being a man, or 60 in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979

£506 per annum

£9.70 per week

(c) if heads (a) and (b) do not apply and on the relevant date the...

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