The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Publication Date:January 01, 2006

2006No. 606

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

8thMarch2006

20thMarch2006

10thApril2006

CONTENTS

PART I

GENERAL

1. Citation, commencement and interpretation

2. Interpretation - further provision

3. Rank or status

PART II

AWARDS IN RESPECT OF DISABLEMENT

4. Interpretation of Part II

5. General conditions for Part II

6. Retired pay or pension for disablement

7. Gratuity for minor disablement

8. Constant attendance allowance

9. Exceptionally severe disablement allowance

10. Severe disablement occupational allowance

11. Clothing allowance

12. Unemployability allowances

13. Invalidity allowance

14. Comforts allowance

15. Allowance for lowered standard of occupation

16. Age allowance

17. Treatment allowance

18. Abstention from work following treatment in a hospital or similar institution

19. Part-time treatment allowance

20. Mobility Supplement

21. Medical expenses

PART III

AWARDS IN RESPECT OF DEATH

22. General conditions for Part III

23. Pensions to surviving spouses and surviving civil partners

24. Pensions to dependants who lived as spouses and dependants who lived as civil partners

25. Rent allowance to surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners, who have children

26. Elderly persons allowance

27. Temporary allowances

28. Allowances for children under the child's age limit

29. Pensions for orphans under the child's age limit

30. Award for children who have attained the child's age limit

31. Awards to or in respect of ineligible members of the families of unemployable pensioners

32. Funeral expenses

33. Relationships subsequent to the award of a pension

PART IV

CLAIMS

34. Making of claims

35. Cases where claims are not required

36. Withdrawal of Claims

37. Date of claim

PART V

ADJUDICATION

38. Interpretation of Part V

39. Administration of this Order

40. Entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service

41. Entitlement where a claim is made in respect of a disablement, or death occurs, more than 7 years after the termination of service

42. Determination of degree of disablement

43. Certification

44. Review of decisions, assessments and awards

PART VI

PAYMENT

45. Interpretation of Part VI

46. Commencing dates of awards

47. Payment of Pensions

48. Direct credit transfer

49. Administration of pensions etc.

50. Payment of public claims out of pensions

PART VII

REDUCTION AND CANCELLATION OF AWARDS

51. Interpretation of Part VII

52. Adjustment of awards in respect of other compensation

53. Maintenance in hospital or an institution

54. Chelsea pensioners

55. Children whose maintenance is otherwise provided for

56. Abatement of awards of social security benefits

57. Forfeiture of pensions etc.

58. Refusal of treatment

59. Serious negligence or misconduct

60. Failure to draw pension

61. Suspension in individual cases - Pensions Appeal Tribunal

62. Suspension - Social Security Commissioner

63. Suspension in individual cases - courts

64. Suspension in other cases

65. Suspension - failure to comply with request or pensioner not at last known address

66. Cancellation - failure to comply with request

PART VIII

MISCELLANEOUS PROVISIONS

67. Invalidity of assignments

68. Posthumous awards

69. Power to dispense with probate

70. Transferred powers

71. Revocations, general and transitory provisions

SCHEDULE 1-

DISABLEMENT DUE TO SERVICE IN THE ARMED FORCES

PART I-

GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS

PART II-

RATES OF RETIRED PAY, PENSIONS, GRATUITIES AND ALLOWANCES

PART III-

GRATUITIES PAYABLE FOR MINOR INJURIES

PART IV-

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

PART V-

ASSESSMENT OF DISABLEMENT CAUSED BY SPECIFIED INJURIES AND OF CERTAIN OTHER DISABLEMENTS

PART VI-

ASSESSMENT OF DISABLEMENT IN RESPECT OF NOISE INDUCED SENSORINEURAL HEARING LOSS

SCHEDULE 2-

DEATH DUE TO SERVICE IN THE ARMED FORCES

PART I-

GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS

PART II-

RATES OF PENSIONS AND ALLOWANCES

PART III-

RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES' AND SURVIVING CIVIL PARTNERS' PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

SCHEDULE 3-

COMMENCING DATES OF AWARDS

SCHEDULE 4-

TRANSITORY PROVISIONS

PART I-

CONTINUATION OF TRANSITORY PROVISIONS IN SCHEDULE 5 TO THE SERVICE PENSIONS ORDER 1983

PART II-

CONTINUATION OF SAVINGS IN THE 1992 ORDER AND THE 1993 ORDER

PART III-

CONTINUATION OF TRANSITIONAL PROVISIONS IN THE 1996 ORDER

SCHEDULE 5-

REVOCATIONS

SCHEDULE 6-

INTERPRETATION

PART I-

WARRANTS AND ORDERS

PART II-

GENERAL

At the Court at Buckingham Palace, the 8th day of March 2006

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty deems it expedient to consolidate the provisions concerning pensions and other grants in respect of disablement and death due to service in the naval, marine, military, air forces, nursing and auxiliary forces of the Crown by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 1

ACCORDINGLY, Her Majesty, in exercise of sections 12(1) and 24(3) of that Act, 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:

PART I

GENERAL

Citation, commencement and interpretation

1.-

(1) This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 and shall come into operation on 10th April 2006.

(2) In this Order, unless the context otherwise requires and except where otherwise provided in the Order, an expression for which there is an entry in the second column of Schedule 6 shall have the meaning given against it in the third column of that Schedule or, as the case may be, shall be construed in accordance with the instructions given against it in that column.

Interpretation - further provision

2.-

(1) In this Order, a person shall be treated as being in receipt of any retired pay, pension, allowance or other continuing benefit awarded to him under this Order notwithstanding that the retired pay, pension, allowance or other benefit, or any part of it, is, by virtue of any provision of this Order, being administered or otherwise applied for any purpose or paid to some other person.

(2) Where an allowance awarded under this Order in respect of a child of a deceased member of the armed forces is withheld or reduced under article 55, the member's surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner who has the child under his or her control or in his or her charge shall be treated as being in receipt of the allowance notwithstanding that it is so withheld or reduced.

(3) A condition for the award of any pension, allowance or grant under this Order that a person is, or as the case may be, was, in receipt of retired pay, pension, allowance or other award under this Order or under a 1919 to 1921 instrument, shall be treated as satisfied if that person is, or as the case may be, was, in receipt of any payment made by the Secretary of State with the consent of the Treasury which is analogous to that retired pay, pension, allowance or other award.

(4) In this Order, any question as to whether a person-

(a) is an adopted child, or is a parent by virtue of having adopted a child, shall be determined as if any adoption effected by a person who at the date of the adoption had a spouse or civil partner and was not separated from that spouse or civil partner, had been effected by those 2 spouses or civil partners jointly;(b) is a grandparent, step-parent, brother, sister, half-brother, half-sister, stepbrother, stepsister or grandchild, shall be determined as if-(i) any child adopted jointly by 2 persons who at the date of adoption were spouses or civil partners, or by a person who at that date had a spouse or civil partner and was not separated from that spouse or civil partner, was the legitimate child of those spouses or civil partners,(ii) any child adopted by a person who at the date of adoption had no spouse or civil partner or was separated from his spouse or civil partner, was the legitimate child of that person,(iii) any child born illegitimate had been born the legitimate child of his father and mother.

(5) Subject to article 44(7), any condition or requirement laid down in this Order for an award, or the continuance of an award, or relating to the rate or amount of an award, shall, except where the context otherwise requires, be construed as a continuing condition or requirement, and accordingly the award, rate or amount shall cease to have effect if and when the condition or requirement ceases to be fulfilled.

Rank or status

3.-

(1) Where, for the purposes of any award under Part II or III or this Order in respect of the disablement or death of a member of the armed forces, the member's rank has to be determined, it shall be determined by reference to the relevant rank of the member as set out in Part I of Schedule 1 or Part I of Schedule 2 respectively.

(2) Subject to the following provisions of this article, the relevant rank of a member shall be whichever is the highest of the following ranks, namely-

(a) the substantive rank held by him on the date on which he was last on full pay prior to the termination of his service;(b) where on that date he held war substantive rank, or paid temporary or paid acting rank which would then have been allowed to reckon for the purpose of calculating service retired pay or the rank element of a service pension if he were eligible for such retired pay or pension, that war substantive rank, or paid temporary or paid acting rank, as the case may be;(c) the substantive, war substantive, paid temporary or paid acting rank held by the...

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