Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1116 |
| Year | 1983 |
1983 No. 1116
PENSIONS
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 198327thJuly 1983
4thAugust 1983
21stNovember 1983
At the Court at Buckingham Palace, the 27th day of July 1983
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(a) and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(b):
NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by the said section 12(1) 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, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1983, shall come into operation on 21st November 1983.
(2) In this Order the expression "the principal Order" means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
(3) In relation to any award under the principal Order which is payable weekly and to which any provision of this Order relates, the foregoing reference to 21st November 1983 shall, where that date is not the normal weekly pay day for that award, be construed as a reference to the date of the first weekly pay day for that award immediately following 21st November 1983.
(a) S.I. 1983/883.
(b) 1977 c. 5.
Amendment of article 2 of the principal Order
2. In article 2 of the principal Order (scheduled rates and amounts of pensions, grants and allowances etc. and construction of Schedules relevant thereto)—
(a) after the word "allowances" there shall be inserted the word ", supplement"; and
(b) for the words "and 25(1)" there shall be substituted the words "25(1) and 26A(1)".
Amendment of article 18 of the principal Order
3. For the amount "£1040" in paragraph (2) of article 18 of the principal Order (earnings allowed in relation to unemployability allowances) there shall be substituted the amount "£1170".
Insertion of new article in the principal Order
4. In Part III of the principal Order (awards in respect of disablement) after article 26 there shall be inserted the following new article:—
"Mobility supplement
26A.—(1) Subject to the provisions of this article a mobility supplement may be awarded at the rate specified in paragraph 13 of Part IV of Schedule 1 to a member of the armed forces who is in receipt of retired pay or a pension in respect of—
(a) disablement as a result of the amputation of both legs, at least one of which has been amputated either through or at a point above the knee; or
(b) disablement due to any other injury which is, and is likely to remain for at least 12 months from the date on which the question of eligibility for a supplement under this article is considered by the Secretary of State (either at first instance or on review), wholly or mainly responsible for—
(i) rendering him unable to walk, or
(ii) restricting his leg movements to such an extent that his ability to walk without severe discomfort is of little or no practical use to him, or
(iii) rendering the exertion required to walk a danger to his life or a likely cause of serious deterioration in his health; or
(c) disablement by reason of which, immediately prior to the date on which the question of his eligibility for a supplement under this article is first considered by the Secretary of State, he—
(i) has had the use of an invalid carriage or other vehicle provided by the Secretary of State under section 5(2) of, and Schedule 2 to, the National Health Service Act 1977(a) or section 46 of the National Health Service (Scotland) Act 1978(b), or by the Department of Health and Social Services for Northern Ireland under article 30 of the Health and Personal Social Services (Northern Ireland) Order 1972(c), which is a vehicle propelled by petrol engine or by electric power for use on the road and to be controlled by the occupant, or
(ii) has received any payment by way of grant under the said section 5(2) and Schedule 2 or the said section 46 or the said article 30 towards the cost of running a private car, or any payment out of public funds which the Secretary of State is satisfied is analogous thereto, or
(iii) has been in receipt of a mobility allowance under section 37A of the Social Security Act 1975(d) or section 37A of the Social Security (Northern Ireland) Act 1975(e) having been deemed, by virtue of section 13 of the Social Security (Miscellaneous Provisions) Act 1977 or, as the case may be, article 10 of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977(f), to be suffering from such disablement as is mentioned in subsection (1) of that section 37A and to satisfy the requirements of subsection (2)(a) of that section.
(2) In determining for the purposes of paragraph (1)(b)(i) and (ii) the extent of a person's walking ability regard shall be had to his ability to walk with a suitable prosthesis or artificial aid which he habitually wears or uses, or which he might reasonably be expected to wear or use.
(3) A mobility supplement under this article shall not be payable to a member for any period in respect of...
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