The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 3) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/3187
Year2005

2005 No. 3187

PENSION

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 3) Order 2005

Made 15th November 2005

Laid before Parliament 25th November 2005

Coming into force 5th December 2005

At the Court at Buckingham Palace, the 15th day of November 2005

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) (No.3) Order 2005 and shall come into force on 5th December 2005.

(2) In this Order “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.

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.

AK Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL ORDER

SCH-1.1

1. Amendments throughout the principal Order

For “widow or widower” (in each place) substitute “surviving spouse or surviving civil partner”.

SCH-1.2

2. Amendments to Part I of the principal Order

Article 1 shall be amended as follows—

(1) in sub-paragraph (6)(b) for “unmarried dependant who lived as a spouse” substitute “dependant who lived as a spouse or dependant who lived as a civil partner,”;

(2) in sub-paragraphs 7(a), 7(b)(i) and 7(b)(ii) after “spouse” (in each place) insert “or civil partner”; and

(3) in sub-paragraphs 7(a), and 7(b)(i) after “spouses” (in each place) insert “or civil partners”.

Amendments to Part II of the principal Order

Amendments to Part II of the principal Order

SCH-1.3

3. Article 3A shall be amended as follows—

(1) in sub-paragraph (2)(j) for “widow or widower's” substitute “surviving spouse’s or surviving civil partner's”;

(2) in sub-paragraph (2)(k) for “an unmarried dependant who lived as a spouse” substitute “a dependant who lived as a spouse or dependant who lived as a civil partner”; and

(3) in sub-paragraph (2)(l) for “widow, widower or an unmarried dependant who had lived as a spouse” substitute “surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner”.

SCH-1.4

4. Article 3B shall be amended as follows—

(1) in paragraph (3) for “widow or widower's” substitute “surviving spouse’s or surviving civil partner's”;

(2) in paragraph (5)—

(a)

(a) for “elderly widows and unmarried dependants who lived as wives” substitute “elderly surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners”;

(b)

(b) for “pensions for widows” substitute “pensions for surviving spouses and surviving civil partners”; and

(c)

(c) for “unmarried dependants who lived as spouses” substitute “dependants who lived as spouses or dependants who lived as civil partners”;

(3) in sub-paragraphs 7(d) and 8(c) for “widow of a member of the armed forces, or to a woman who had lived as the wife” substitute “surviving spouse, surviving civil partner, dependant who lived as the spouse or dependant who lived as the civil partner”; and

(4) in paragraph 9—

(a)

(a) for “widow or widower's” substitute “surviving spouse’s or surviving civil partner's”; and

(b)

(b) for “an unmarried dependant living as spouse” substitute “a dependant living as a spouse or dependant living as a civil partner”.

SCH-1.5

5. Article 4(1A) shall be amended as follows—

(1) after “death,” delete “no claim in respect of”; and

(2) after “shall” insert “not”.

SCH-1.6

6. Article 5(1A) shall be amended as follows—

(1) after “death,” delete “no claim in respect of”; and

(2) after “shall” insert “not”.

SCH-1.7

7. Amendments to Part III

Article 18 shall be amended as follows—

(1) in sub-paragraph (5)(b) for “wife or husband or unmarried dependant living as a spouse” substitute “spouse, civil partner, dependant living as a spouse or dependant living as a civil partner”.

Amendments to Part IV

Amendments to Part IV

SCH-1.8

8. For the title of article 29 substitute “Pensions to surviving spouses and surviving civil partners”.

SCH-1.9

9. Article 30 shall be amended as follows—

(1) in the title for “unmarried dependants who lived as spouses” substitute “dependants who lived as spouses or dependants who lived as civil partners”;

(2) for “an unmarried dependant who lived as a spouse” (in each place) substitute “a dependant who lived as a spouse or a dependant who lived as a civil partner”; and

(3) for “the unmarried dependant who lived as a spouse” substitute “the dependant who lived as a spouse or the dependant who lived as a civil partner”.

SCH-1.10

10. Article 31 shall be amended as follows—

(1) in the title for “widows, widowers, and unmarried dependants who lived as spouses” substitute “surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners”;

(2) in paragraph (1)—

(a)

(a) after “surviving spouse” (in each place) insert “or surviving civil partner”,

(b)

(b) for “an unmarried dependant who lived as a spouse” (in each place) substitute “a dependant who lived as a spouse or a dependant who lived as civil partner”, and

(c)

(c) for “may be, unmarried dependant who lived as a spouse” substitute “may be, dependant who lived as a spouse or dependant who lived as a civil partner”;

(3) in paragraph (2) for “surviving spouse or the unmarried dependant who lived as spouse” substitute “surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner”; and

(4) in paragraph (3)(b) for “surviving spouse or unmarried dependant who lived as a spouse” substitute “surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner”.

SCH-1.11

11. Article 32 shall be amended as follows—

(1) for the title substitute “Allowance to elderly surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners”; and

(2) in sub-paragraph (a)(i) after “their spouse” insert “or civil partner”.

SCH-1.12

12. Article 33 shall be amended as follows—

(1) for the heading substitute “Temporary Allowances to surviving spouses, surviving civil partners, dependants who lived as spouses or dependants who lived as civil partners of severely disabled pensioners”;

(2) in paragraph (1) for “or unmarried dependant who lived as their spouse” substitute “dependant who lived as his spouse or dependant who lived as his civil partner”;

(3) in paragraph (3) for “An unmarried dependant who lived as the spouse” substitute “A dependant who lived as the spouse or a dependant who lived as the civil partner”;

(4) in sub-paragraph (3)(a) for “the unmarried dependant” substitute “that dependant”;

(5) in sub-paragraph (3)(b) omit “unmarried”;

(6) in paragraph (4) for “an unmarried dependant who lived as the spouse” substitute “a...

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